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HomeMy WebLinkAboutPLANSSCANNED BY St Lucie Countv Coastal Flooring Plans Permit # 1511-0282 PSL Utilities Agreement 3 Copies Each RECEIVED MAY 11 2016 13 ce*r,,h .� ,, cAle ;5i r P;o� 1 Prepared By return to: Port St Lucie Utility Systems Dept 900 SE Ogden Lane, Port St Lucie, FL 34983 Project Name: Property Owner & Principal Address: Contact Name: Attachments: UTILITY.SERVICE.AGREEMENT Coastal Floors and Granite Palm Park Center LLC 8569 South US Highway 1 Port St Lucie, Florida 32952 Nick Elliott Exhibit A — Legal Description Exhibit B - Property Map Service Address: Billing Address: Contact Phone No.: 8532 South US Highway 1 _ Port Sk Wde, Florida'34952 Palm Park Center LLC 8569 South US Highway 1 Port St Lucie, Florida 32952 772-871-7900 THIS UTILITY SERVICE AGREEMENT.(" Agreement') is made.and entered:into:by and -between the CITY OF PORT ST. LUCIE, a Florida>Manidpat-Corpo anon ("CrW'I,,.and f►alm, C:eRtgr!LLC,:..a Florida Limited Liability Company.("APPLiCANT'). RECITALS WHEREAS, the CITY owns, operates and maintains public water and wasbawater utititysystems through the City Council's establishment and creation of the Port St. Lucie Utility'Systems Depaitmerit ("PSLU'tD'�",• and WHEREAS, the APPLICANT is the record fee simple owner of certain lands (the"Property' ' located within C[TY'S utility service area in St. Lucie County, Florida, the legal description of which together with a Property Map are attached hereto and incorporated (herein as BNbit(s) noted; and WHEREAS, the APPLICANT is planning to develop the Property as Retail-6usiness, Which istdentified as Coastal Floors and Granite Cftjecrl; and WHEREAS, the APPLICANT desires to procure water and/or wastewater services and reserve plant capacity from the CITY for the proposed Project that is to be develope6on the -Property; and WHEREAS, the parties desire to enter into this Agreement, setting forth the mutual understandings and undertakings regarding CIIY'S supply of utility services to APPLICANT for the Project Page i of 12 041816/5112 WIfNESSETH NOW THEREFORE, in consideration of the foregoing premises, the undertakings and mutual agreements herein contained and assumed, and other good and valuable consideration, the parties hereby covenant and agree as follows: 1. Recitals —The foregoing recitations are true and correct and are incorporated herein by reference. 2. Project —The APPLICANT shall accept and use MY'S utility services by connecting to CITY- Se fisting water distribution and/or wastewater collection lines, which the APPLICANT, its Engineer ofRecord ("EOR'), and CRY have determined are required to serve the Project The APPLICANT, atAPPLICANTSsde cost and expense, shall design, construct and install all necessary water distribution and/or wastewater collection lines and systems ("Utility Facilitles') over, through, under, and across the Property and any other lands required for off -site improvements in accordance with the plans, specifications and engineering data submitted by the FOR and approved by the appropriate governmental regulatory agencies and PSLUSD. 3. Complianeewith Applicable Laws, Codes, Regulations and Policies =The APPLICANTshall abide by and be in compliance with any and all rules and requirements of the regulatory agencies th thave'jurisdiction over the subject matter of this Agreement as well as all applicable fedeial'and state laws, regulations, and'CITY ordinances and other policies. In addition, the parties, agree that the policies, ordinances, rules and regulations that are adopted. by -the CITY pursuant to general law, as same may be amended from time to time, shall have the full force and effect of law, which shall govern -the legal relationship between-the;IFIINT, APBLa ,,(MY. with respect to each party's obligations, including but not limited to CRY'S:supply, distdbution,and deiiyery of uWlity services to the Property for APPLICANTS Project, under the terms and conditions of this Agreement In addition, the work to be performed by APPLICANT, at APPLICANT'S sole cost and expense, as required for the furnishing of utility service to the Property, which may include but shall not be limited to the installation of water mains, fire hydrants, gravity flow mains, force mains, pump stations, lift stations, interceptors, and other utility facilities, shall be performed in accordance with the policies, technical specifications and construction standards of PSWSD. 4. Water and/or Wastewater Treatment Plant Capacity - The term Equivalent Residential Connection ("ERCI, referred to in this Agreement and in the applicable codes rules standarand regulations of the CRY and PSLUSD, is the unit of measure used to reserve water and/or wastewater treatment plant capacity based on an expected average -daily flow: The average Bally -flow of one ERC shall be up to 250 gallons per day. of potable water usage and up to 250 gallons per day of usage for wastewater service. The CITY shall reserve for APPLICANT ERCs of water plant capacity/service and/or ERCs of wastewater plant rapacity/service upon the receipt of all sums due and owing to the CITY pursuant to this Agreement and the Agreement's execution by all parties hereto. If and when APPLICANT reserves any amount of ERCs then the APPLICANT shall Page 2 of 12 041816/5112 pay to the CITY the applicable water and/or wastewater capital charges, which consist of plant m{sacity charges, and water and/or wastewater line charges, at the rates in effect when due and as amended from time to time. S. Previously Reserved and/or Allocated ERC9 and/or Line Charges for the Property — The amount of ERCs and/or line charges reserved and/or allocated to service a particular property or establishment runs with the land. When title to real property that is located within the CIiY'S utility service area is transferred, sold, or otherwise conveyed, the quantity of ERCs and/or Line Charges -that are reserved; allocated and/or connected for that particular property are also transferred. Accordingly, the -APPLICANT, APPLICAWrs predecessor(s) in interest; may have previously reserved and/or allocated ERCs and/or Line Charges -for the Property. 6. Modification to Reserved ERCs and/or Line Charges -The quantity of APPLICANTS reserved ERCs and/or Line Charges and the fees imposed per ERC for plant Capacity and/or line charges by CITY, which are due and payable by APPLICANT upon APPLICANTS execution of this Agreement, §hell be as follows: ERCs CAPITAL CHARGES RATE 0.0 - Water Treatment Plant Capacity $ 1,257 00 " „perERC 0.0- Water -Line Charge $ 5.35.0D ,:,,,,per 1.0 Wastewater Treatment Plant Capacity, $ 2,131.00 per ERC 1.0 Wastewater Line Charge $ 197.00 per ERC Therefore, the total amount of ERCs and/or Line Charges reserved and aloocatea far the Property, including any previously reserved ERCs and/or Line Charges if applicable, is as follows: ERCs and Line Charges Water {NaSib eriiater loth? ERCs and Line Charges Previously Reserved 01) ' ' 0 0°': ` ,:'„ Q:0' ERCs and Line. Charges,Modification Mrider this Agreement 0.0 110 0.0. TOTAL ERCs.AND LINE.CHARGES.RESERVED 0.0 LO The parties agree that any subsequent future requests for modifications to the quantity of reserved ERCs and/or Line Charges shall be handled administratively by the City of Port St. Lude Utility Systems Department pursuant to the Department's procedures and processes, and APPLICANT agrees to be bound thereto by the Department's final decision. 7. Additional Usage — The CITY has the right to review and monitor APPLICANTS actual usage of the water and/or wastewater services. APPLICANT agrees that after 6 months of using and being connected to the Crl Y's utility services, the CITY may perform such an audit of APPLICANT'S actual flows, as compared to the flows expected to be generated by the amount of ERCs reserved and allocated by APPLICANT i'dWits Project. if APPLICANT'S actual usage exceeds the expected flows based on APPLICANTS reserved ERCs under this Agreement, then APPLICANT shall be required to (i) promptly pay the applicable, additional water and/or wastewater plant capacity charges, line charges; and administrative fees within 20 days of receiving written Page 3 of 12 041816/5112 notice from CITY of such additional usage, and (ii) execute an amendment to this Agreement to reserve the additional amount of water and/or wastewater ERCs, that CITY will determine to be sufficient to cover the excess usage. Further, if the actual, future water and/or wastewater flows increase enough to warrant a redesign or replacement of any water and/or wastewater Utility Facilities serving the Property; including but not limited to a wastewater pumping station, then APPLICANT or APPLICANTS successors in interest or assigns, shall be responsible for any and all costs and expenses associated with the design and replacement of said Utility Facilities. S. Guaranteed Revenue —Annual guaranteed revenue fees, pursuant to Section 51.15 of CITY'S Code of Ordinances, shall be assessed and paid by APPLICANT to CITY for all reserved and unconnected ERCs at the rates in effect when due, as amended from time to time. Upon APPLICANTS execution of this Agreement, APPLICANT shall pay to CITY any guaranteed revenue fees due, based upon the number of months remaining in the current calendar year that this Agreement is executed by the parties. For each calendar year thereafter, APPLICANT shall promptly pay, within 30 days of APPLICANTS receipt of an annual,Fnvoice, the guaranteed revenue fees.. However, the CI7Yshall issue a credit for those ERCs on the invoice -for the subsequent: year if any ERCs are connected during a calendar year for which APPLICANT has paid the guaranteed, revenue fees.. Further, if any payment of guaranteed revenue fees required by this Agreement is more. 30 days late, the CITY shall send a Notice of Delinquency to APPLICANT. APPLICANT shall be considered in default of this Agreement should APPLICANT fail to submit to CITY the required full paymentof guaranteed revenue within 30 days of APPLICANTS receipt of the Notice of Delinquency, and any and all -remaining reserved water -and/or wastewater plant capacity, and associated fees paid, shall be forfeited by APPLICANT.. 9. Constnution.Plans—The APPLICANT or Fes FOR shall furnish to, CITY a;complete set of design and construction drawings, plans, specifications, and -other necessary engineering data (hereinafter"Cmstruction .v PFans'l of the proposed Utility Facilities for the Project for review and approval by PSLUSD,-"Ifie approval by PSLUSD of APPLICANTS Construction Plans shall be valid for one. year from the date of such approval. If APPLICANT has commenced construction of the Project but there has been either (i) a cessation of construction activity where there has been no documented inspections by CITY for a period of'12 months or (i) an expiration of the associated building pennit(s), whichever occurs first, then CITY reserves the right to require the re - submittal of the Construction Plans and further payment of applicable review fees AWn-APPLICANTS resubmission of said documents for approval. The work to be performed by APPLICANT for'the ftirnisli in j: of utility service to the Property for the Project shall not commence until all Construction Plans' regarding such work are approved in writing by PSLUSD. Page 4 of 12 041816/5112 10. Points of Service - The points of service to the Property for the Project shall be shown and labeled on the appropriate Construction Plans, and shall be as follows: For wastewater. service: The first cleanout of the service lateral, upstream of the gravity main. 11. Maintenance of Utility Fatalities on the Property — The APPLICANT shall own, operate, and maintain, at no cost or expense to the CITY, all Utility Facilities on the APPLICANT'S side of the designated point of service, or that of the future user's, where APPLICANTS Property and the development constructed thereon is connected to the CITY'S water and/or wastewater facilities. All pipes, service lines, cleanouts, fixtures, connections, and other necessary equipment on the developed premises and not specifically accepted by and turned over to CITYS ownership, which are occupied by the APPLICANT, tenants, customers,_ consumers or other users of CITY'S utility services for the Property (hereinafter "Project Occupants'),.shail,.be,keptyin,good working order and condition at no cost, liability, or responsibility to CITY for their maintenance or ,operation. 12. Meters. and ERC:Allocation —The APPLICANT agrees to pay in full, when due, the applicable_ meter charges and deposits that shall be assessed at the time the APPLICANT connects to the-C1TYS +neater and/or wastewater facilities. If APPLICANTS Project requires any water and/or wastewater meters) that are larger than 2 inches, then such.. large -sized meters shall be furnished and installed at the sole, cost and.,expenw of APPLICANT. The size, allocation, and assignments of meters and/or allocation of APPLICANTS reserved ERCs shall be handled administratively by PSLUSD pursuant to its procedures and processes, and APPLICANT agrees to be bound thereto. by PSLUSD'S final decision. Further, no meter shall be removed, relocated, bypassed, or altered in any way or manner whatsoever by anyone except the CITY.or. CITY'S authorized employee, agent, consultant or contractor. 13. Easements and Access to the Premises — Prior to C1TY'S acceptance and/or certification, through pertinent regulatory agencies, of the Utility Facilities and other•improvements constructed for the Project, APPLICANT shall grant and convey to CITY and its successors and,assighs, in a.forin satisfactory to CITY, perpetual, exclusive rights, privileges and easements on APPLICANT'S Property and, if required, on lands lying outside the Property, to access, construct, operate, maintain, repair, replace or expand all water and wastewater utility facilities transferred to CITY for ownership and/or maintenance in connection with CITY'S supplying of water and wastewater services to APPLICANT and/or the Project Occupants of the Property. APPLICANT shall secure from each mortgagee and. lienholder a release of the mortgagee's or lienhotder's:interestintheeasement and Utility Facilities located within the granted, easements. If required by C17N, , the APPLCIANTshall>alsol grant, or cause to be granted, in a form acceptable to CITY, utility easements that shall be a_minimum.of 14 feet -wide for the length oftheProperty along all rights -of -way not owned by the CITY. APPLICANT: shall pay any:and:all costs and expenses associated with the granting of said easements to the CITY for CITY S supply of utility services to APPLICANTS Property. Further, APPLICANT shall grant or,pennit CITY, itsauttrorized employees, Page 5 of 12 041816/5112 agents and contractors, access to APPLICANTS Property and any development upon the Property during all reasonable hours, or any time in the event of an emergency, for the purposes of -maintaining, -inspecting, repairing, installing or removing CrTYS utility facilities. 14. Notice — All notices, requests, consents, and other communications required or pernifted,under this Agreement shall be in writing and shall be (as. elected by the party giving such notice) hand. delivered by messenger or courier service, by regular United -States Mail with postage prepaid, or, by, certified: mail; return receipt requested: (Airmail if. international), and shall be directed tothe following persons and piaces,designated by the parties: FOR THE CITY: FOR THE APPLICANT. PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT PALM PARK CENTER LLC 900 S.E. Ogden Lane 8569 South US Highway I Port St. Lucie, FL 34983 Port St. Lucie, Florida,32952 Attn: Jesus A. Merejo, Utility Systems Director Attention: Nick Elliott With a copy to: OFFICE OF THE CITY ATTORNEY With a copy to: CITY OF PORT ST. LUCIE ROY MILDNER 121 S.W. Port St. Lucie Boulevard 423 Delaware Avenue Port St. Lucie, FL 34984 Ft Pierce, Florida 34950 Attn: Utilities Attorney 15. As-Built/Record Survey — The APPLICANT, at its sole cDst.andexpense, slinall havepvpared,,by_a Florida registered- Surveyor and Mapper, and furnish to the CITY an as -built survey in accordance- with the standards and specifications of PSLUSD. The as -built survey shall be certified and seated- by APPIICANT S FOR and require the written approval of PSLUSD prior to the CITYS acceptance of:APPLICANTS,," and conveyance of its Utility Facilities pursuant to the tens of this Agreement. The as -built survey. shall. show all pertinent information as to all mains, services and appurtenances a Ake Water distribution, wastewater collection, and other utility lines and systems, constructed to ST07 the Property and the Project developed thereon. As -built survey shall also be signed and sealed by a Florida registered surveyor as to the actual locations of all surface features of the Utility Facilities, easements and rights-�of-way.whlch are part of or adjacent to the Property, and shall include all constructed paving and, drainage facilities relating to said facilities for CITYS supply of utility services to APPLICANT. 16. Turnover of Utility Fadllithtis — Prior to CITYS acceptance of APPLICANTS Utility Facilities and the provision of utility services to the constructed Project improvements, APPLICANT shall fully execute and provide all necessary drawings, reports, affidavits, release of liens, certifications, bills of sale, and any other documents identified in PSLUSDS checklists for Utility Final Inspection and Utility Acceptance Turnover, as revised or Page 6 of 12 OM16/5112 amended from time to time. APPLICANT shall transfer to CITY by Bill of Sale, all of APPLICANTS right, title and interest in and to all of the water and/or wastewater supply lines, mains, pumps; cwmections, pipes, meters, valves and equipment installed up to and within granted easements and rights -of -way within the Property and off -site lands (if applicable) that were constructed and installed for the purpose of supplying utility services for APPLICANTS Project. The APPLICANT shall also furnish to CITY an affidavit asserting that all persons, firms, corporations or other entities who furnished labor, equipment and/or materials-used'direc ly or indirectly In the execution of the work to be performed under this Agreement and for the Project have been paid. However, in the event of a dispute between APPLICANT and any contractor, subcontractor, orother person or entity who furnished such labor or materials, APPLICANT shall provide CITY with a bond in the amount that is in dispute and in a form acceptable to CITY. 17. Warranty — APPLICANT shall assign to CITY all warranties pertaining to the subject Utility Facilities and improvements upon the final acceptance and/or certification by PSLUSD and transfer of ownership to CITY of all such applicable facilities for the supply of utility services to the Property. APPLICANT further agrees that for a period of one year after said acceptance and transfer, the APPLICANT will correct, upon receipt of written notice, any deficiencies in the design, materials .or installation of the Utility Facilities and other subject improvements. Such repair work undertaken pursuant to this paragraph of the -Agreerhent shall be at the Applicant's sole cost and expense, and in accordance with the standards and specifications of-PSLUSD. In�the event CITY, for whatever reason, should have to perform repairs to correct deficiencies, APPLICANT agrees'to reimburse the CITY for such work within 30 days of receipt of a request for payment from -the -CITY. 18. Payment of Fees and Charges —The APPLICANT agrees to submitto CITY full payment of any and all fees and charges due and owing to the CITY upon APPLICANTS execution of this Agreement. The total amount due to CITY is detailed in the Utility Invoice, that has been separately provided to APPLICANT,' and which APPLICANT acknowledges the receipt thereof. CITY shall riot execute this Agreement until it receives APPLICANT'S full payment and the processing of the payment is complete. 19. Default — If APPLICANT shall be in default of any provision of this Agreement; ]h addition to any remedy otherwise specifically provided for herein, APPLICANT agrees and acknowledges that CITY shall have the right to exercise one or more of the following sanctions or penalties: a. Any remaining reserved but unconnected water and/or wastewater plant capacity, and all fees paid, may be rescinded and forfeited. b. No inspections or certification shall be approved by CITY. c. No Building Permit shall be issued by CITY for any unit or structure developed on the Property. d. There shall be an interest penalty equal to the maximum rate allowed under Florida law on any outstanding balance due to CITY from APPLICANT. When applicable, this penalty, unless otherwise Page 7 of 12 D41816/5112 provided for in this Agreement or in the CI1Y'S Code of Ordinances, as amended from time to time, shall accrue from the date the payment is due, as stated in the invoice, notice, or bill. e. The CITY shall be entitled to place a statutory lien against the, Property and foreclose the lien in satisfaction of any payments due and owing to CITY under this Agreement f. The CITY shall be entitled to any other remedy at law, and Ct7Y'S faiiure`to seek any remedy shall not constitute a waiver of said remedy. 20. Disclaimer — Any interruption or temporary cessation in CITY 5 supply of utility services to the Property that is caused by any Act of God, fire, hurricane, windstorm, strike, accident, powerfailure, necessary maintenance work, breakdown, collapse, damage to equipment or service lines or mains, civil or military orders, riots, or other cause or casualty beyond the control of the CITY shall not constitute abreach of this Agreement, nor impose liability upon the CITY for any consequences or ramifications experienced by the APPLICANT, its successors or assigns, or the Project Occupants. 21. Interceptors — If the current or future use of the Property requires the installation, upsizing, relocation, repair, or replacement of new or existing grease, oil and/or sand interceptors, then said interceptors, shall be sized adequately, based on the requirements and regulations of PSLUSD, to serve the rProject and subject Property, and any establishments located thereon. The design and installation -of any required interceptor shall be at no cost or expense to the CITY. In addition, the APPLICANT understands'and acknowledges that the construction, installation or relocation of additional interceptors may require the demolition 'of the walls andfioor slabs to re -plumb the bays for the Interceptors and for obtaining separate water utility services. °The costs, space constraints, or gradient imposed upon APPLICANT shall not be sufficlent cause for CI7Y'S waiver of requirements concerning the interceptors for the anticipated Project 22. Control of Cross Connection and Baddlow — The parties agree that the public water supply -and systems shall be protected against actual or p ga potential cross connections and baddiow by Isolating contamination or pollution that has occurred or may occur within the Property and establishments or development constructed thereon. No wat<ar service connection shall be installed or accepted by the raWunless:the water utility systems are protected by a baddiow prevention assembly of a model and size approved by PSLUSD. The service of water to APPLICANT'S Property shall be denied or discontinued by CITY if a backnow prevention assembly is not property installed, tested, and maintained in a•properly functioning condition that meets'the satisfaction of PSWSD. 23. Lift Station Generators — Pursuant to Section 63.17 of the CITY'S Code of Ordinances, if APPLICANTS Project plans propose the construction of a wastewater -pumping station (or lift station), then APPLICANTS construction plans shall include the provision of an emergency electrical -power supply. The APPLICANT shall satisfy this requirement by a portable generator, the cost of which -shall' -be borne by APPLICANT, and the cost for the appropriate generator shall be paid to MY upon APPLICANTS executionaf Page 8 of 12 041816/5112 this Agreement. The portable generator acquired for APPLICANT'S lift station shall be the CITY S personal property and incorporated into its generator inventory, which shall be utilized at the discretion of PSLUSD. 24. Service Outside City Limits — APPLICANT desires to procure water and/or wastewater services to its Property which lies outside the limits of the City of Port St. Lune. APPLICANT acknowledges that the provision of the water/wastewater service to the Property is contingent upon the ability of the City to supply the demand requested. As consideration for the application to receive water and/or wastewater service to the Property as set forth herein, the Applicant hereby elects to be voluntarily annexed into the City upon determination by the City to do so. The Applicant understands and agrees that this document shall be considered a written approval for annexation of the Property in the event that an area, including the Property, is proposed for annexation. The Applicant further agrees that the foregoing shall run with the land and be binding upon its. heirs, successors or assigns, and that this document maybe recorded in the Public. Records.of St. Lucie Count Fiprida, for.the purpose of serving as notice of the terms of this Agreement upon its heirs, successors or assigns. 25. Water Meter — The APPLICANT will install a private meter to monitor the building water usage. All water usage records shall be made available to PSLUSD upon request. 26. Title - Upon APPLICANTS execution of this Agreement and at its sole cost and expense, a"copy of the recorded conveyance documents for the purpose of establishing APPLICANT'S ownership of the ProperEy shall be provided to CITY. In addition, if the APPLICANT shall be required to convey any utility easements to the CITY, then the CITY shall require the subordination of any mortgage or lien held by any mortgagee or lienholder having an interest in the Property. APPLICANT shall be responsible at its sole cost andexpense f6i- o winin'the execution of a Consent and Joinder of Mortgagee/Lienholder, in a form approved by d!Y,"6y any such mortgagees or lienholders, or submitting to CITY one of the following documents: (1) an Affidavit of No Lien, (11) a Release and/or Satisfaction of Mortgage or Lien, or (III) a letterfrom an--attorney,-uAth-avale,,f,1orida Bar license to practice law, confirming that:that there is no mortgage ordien on•the�Property APPLICANT must provide CITY' with said Afiiciavit, Release and/or satisfaction, or attorney letter upon APPLICANTS execution of this Agreement,as the CITY shall not execute this Agreement without -receiving said; title -related documents from APPLICANT. 27. Assignment of Agreement — This Agreement shall run with the Property and"be binding upon APPLICANT'S heirs, legal representatives, members, assigns, and successors in interest. The assignment or: transfer of APPLICANT'S rights and obligations hereunder is prohibited unless all of the. following ads are performed: Page 9 of 12 041816/5112 y� a. APPLICANTS assignment is in writing and entered into with the same formality as UAA. greement, and b. The CITY shall be a party to said assignment, and C1TY'S approval of which shall not be unreasonably withheld; and c. APPLICANT shall remain liable to the CITY for APPLICANT'S responsibilities and obligations under this Agreement unless such an assignment is made in strict compliance with this paragraph; and d. Provided that this Agreement is properly assigned, the CITY will exearte,a "Satisfaction of Assignment," and the costs for the recording of which in the Official Public Records of the Clerk of the Court of St. Lucie County, Florida shall be paid by APPLICANT,to CITY, in advance of CITY'S execution of the Satisfaction of Assignment. 28. Repeal of Prior Agreements — Any and all. prior agreements pertaining to the supply of. utility services to the Property are hereby cancelled and declared of no force and effect upon the subject real property or the parties that are subject to this Agreement. 29. Rules and Regulations of Utility Service — The CI Y shall have the right to promulgate and adopt rules and regulations, from time to time, relating to the supply of utility services to the al Y'S customers and users, including the APPLICANT and the Project Occupant(s) who shall become customers and users under this Agreement. Such rules and regulations may relate to, but are not limited to, rates, deposits, connection charges; capital charges and other fees, and the right to discontinue or terminate services under certain circumstances. APPLICANT hereby acknowledges and agrees that the rates and regulations are subject to change and APPLICANT shall be responsible for full payment of any fees and charges assessed pursuant to the promulgated rates and regulations governing at the time. 30. Invalid Provisions — In the event any term or provision of this .Agreement is held illegal, unenforceable or inoPerative as a matter of law, the remaining berms and provisions will not *;Bffzcted thereby, but will be valid and remain in full force and effect so far as possible. If any provision of this Agreement may construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. 31. Governing Law —This Agreement is governed by and will be construed in accordance with the laws of the State of Florida, and in the event of any litigation concerning the terms of this Agreement proper venue thereof will be in St. Lucie County, Florida. Page 10 of 12 041816/5112 1A►�treesses:.,�aro>Requiredj Print Name:t _ STATE OF 0 Print i L for Palm Park" Center. LLC personally MdWrl to me or ( ) proven by prodtidn9 the following idenh(iration AGRffQ`TO BY CITY, �_ 413V ofr s , ZB-lia: The foregoing ipst umentwas.admowledged hefure me.this . L day of 2 by .Tsnc j� (e rfy Sy; as %l�ri; r. [/li r for Port5t;Lrl. Ari T7 Departmentorffid,C�'of Port St. Lude, who is'personaily;tmown'tD e. -:3 i AnY SEALISTAMP /5 NpTAitiPtlbl3C: DRAW". t�amiE6: E�S�Qi1411i1t8 Page 12 of 12 041816)SM 0 a Utility F a #S112 Exhibit A Legal Description Project Name: Coastal Floors and Granite Parcel I.D. # 3414-501-1903-200-7 A TRACT OF LAND LOCATED IN ST. LUCIE GARDENS SUBDIVISION,, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BLOCK 3, AND THAT PART OF LOTS 3 AND 4, WHICH ARE DESCRIBED AS FOLLOWS:, BEGINNING AT THE POINT.OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 1 AND THE WESTERLY LINE OF SAID LOT -3, THENCE, RUN NORTH 00001'49" EAST, ALONG THE WEST LINE `OF SAID LOT 3, FORA DISTANCE OF 238.43 FEET TO THE NORTH LINE OF. THE . SOUTH .HALF ,OF. LOT- 3; THENCE SOUTH 89042'11" EAST, ALONG THE SAID NORTH LINE OF THE SOUTH HALF OF SAID, LOT 3, FOR A, DISTANCE OF 271.03 FEET; THENCE NORTH 27031'40" WEST, FOR DISTANCE OF 205.85 FEET TO A POINT; THENCE SOUTH 62028'20" WEST, FOR A DISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH THE SAID EASTERLY RIGHT=OF- WAY LINE OF U.S. HIGHWAY No. 1; THENCE SOUTH 27031'40" EAST, ALONG, SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 290.72 FEET TO THE POINT OF BEGINNING. Pace 1 of 1 • Dort St. Lucie Utility Systems Depa r; , r Utility Services Summary 900 SE Ogden Lane Port St. Lucie, FL 34983 rarro.wvhva. Phone: (772) 873-M Fax: (772)871-7615 Project Name: Coastal Room and Granite Utility File No.: 5112 Plaza Name: N/A Owner's Contact Person: Nick Skit Property Owner. Patin Park Center LLc Contact Phone No.: 772-971.7g00 Mailing Address: 8569 South US Hbhwav 1 Contact E-Mail Address: nicluftoastaldeveloomemmm.com Port St Lucie, Florida 32952 Potable Water ERC's/lim Charges Reserved: 0.0 Action(s) Requested: Adding Sewer Capacity Wastewater ERC's/Llne Charges Reserved: 1.0 This project isa new building, no water meter to bill and use fixed rate for sewer billing. Customer Service does not need ip CWleet any fees, For all meter size changes, the Property Owner shall be responsible for sizing, installation and certification of all new baddlow prevention assemblies. Further, a signed, original baddlow certification shall be provided to PSLUSD for any new, installation of a baddlow prevention assembly. The undersigned declares, under penalty of perjury, that s/he Is the owner, or a duly authorized off, agent or npresentative of the owner, of the property identified above, and that the information provided herein is accurate and true to the hest of hL4her knowledge. it is understood that it is the responsibility of the property owner requesting the above desoibed action(s) to vartfy that the requested meter size and/or ERC allocation change(s) will provide suffldent flow, pressure and capacity to comply with any code requirements and meet the needs of the occupants of the property. It is also understood that should subsequent denges to meter size and ERC allocation be desired and requestied, then additional charges and fees for the review and processing of said future request(s) shell be paid prior to their implementation. By signing below, the undersigned authorzes, confirms and agrees to the ProjeCs ERC a8ocetgn and Identified locations of the mebars, including sae and capacity assigned to each mew as shown on the above table. Further, the undersigned agrees to pay any and all fees due to tine acy, as shown on the dhed Invoice, and said fees must be paid prior to implementation of new, service and/or allocation, and before airy refund or c fnp� be app tt� ap6 t F�gjed AcaWhgS with Ub'itts Customer Service/BINng Department �M•� (I (.tllpifi �Ntftil w 1. r—Ci+ Tao v Number udu�-aamvus Page 1 of 1 tSLM ooc tiro. zso tort St. Lucie Utility Systems Da� _ Invoice '`� 900 SE Ogdentane •'''/ PottSL Lucie, FL 34983 M4p6vAaAIW Phom: (772) 873-M Fax: (772) 971-7615 Invoice No: SIIVM2616 Project Name: Coastal Roors and Granite Plana Name: WA Property Owe: Palm Park Center LLC MaAmg Address: $569 South US HyMmay 1 Port St. Lucie. Fiaorida 32952 Actan(s) Requested: Addino Sewer Capacity Item OePaiption Invoke Date: 4(260116 - Utility Fite No.: 5112 Owners Contact Persian: Nick BmR Contact Phone Nm: 772-871-79M Contact E-Mail Addreses: - mm Potable Water ERGS Reserved: 0.0 Wa5Oewater ERCS Reserved: L0 . Unit Page QoandtY Delmer Amount 1 Was[ewater Platt Capacity Reserved: $2,131.00 1.0 ERCS $2,131.00 2 Wastewater Line Owrge: $197.00 110 Eta $197A0 3 8 $14.26 LO ERCS $14.26 4 Plan Review and Inspections (Base Fee) $743.00 1 lase Fee $743.00 5 Plan Re Lw and Inspections (per MQ Pm!iy Paid: $69A0 lA ERCS $69A0 6 Agreement Remrdirg Fees: $12 first page, $8.50 lhereaher 14 pages $122M 7 PSUISD Wastewater Qnstruction Permlt Fee: $450.00 1 Each $450.00 8 Sewer Deposit- 518x 314"Meter Sue $12S.00 1 Each $125A0 Total Due Upon Receipt $3,2 1.76 S Date Pak1• S S Amount Pa X Westport 25% swictorge Out of City Uknos B YES Reoaised X NO Glades Information: Name: Palm Park Center LLC Addres : SS69 Sotim US Nmhwav 1 Po¢St. lane. F"& 32952 Ptxxte: 772-871.79M ?ALM'PARK CENTER LLC �fsm Business Bank 2400 SEveaMonterey Road Swazi FL 34996 Check No. 1106 . Dato Pay to the Order of Aemo n100110609 [:06701it712t: Record of Payment Check: 1106 Payee: PALM PARK Receipt # Project Name: 0 1 SOO SO S?Long a�4AJ P�A4 08788 Account * City of Port St. Lucie Utility Engineering Department - A Service Address: XssaS11S �1W� I Billing Name: Billing Address: File * ;-� I.: j a ,%S(OCt S US N wy 1 %4 C:�- U-)C,-Q '= I -3"-1� Legal Description: gM6 c&uL& S3JJ + 4rj(1mw-z. Kcrr- i7 tom: Appilcation Fee: E Agreement Fee: Other Fee: SAD/USA: Received by: 4 _ _ _ _ _ _ _ Date:, Amount: JgSl:,-I� c4, 1 Ivtd I EXHIBIT B PROPERTY MAP PROJECT NAME: COASTAL FLOOR AND GRANITE roject Location SECTION 26, TOWNSHIP, 36S, RANGE40E BLOCK 3 LOT3 ❑ 1.263ACRES Za. Q (Wj N W w t I SANDPINE CIRCLE G � y 4 Ir---- TRACT 13-2 I i I '" TRACT Ik, ; v 1 4�"S _ O SAVANNA CLUB ROAD L♦ 5 / 2. I METER ADDRESS: 8532 South US Highway 1 St. Lucie County, Florida 34952 0 I 671 ft Prepared By retum to: Port St Lude Utility Systems Dept 900 SE Ogden Lane, Port St Lude, FL 34983 U77LM SERV ICE.AGREEMENT Project Name: Coastal Floors and Granite Service Address: 8532 South US Highway,l Port St. Lucre,"Pforrda'34952 Property Owner & Palm Park Center LLC Billing Address: Palm Park Center LLC ' L ' ' Principal Address: 8569 South US Highway 1 8569 South US Highway 1 Port St Lurie, Florida 32952 Port St Lucie, Florida 32952 Contact Name: Nick Elliott Contact Phone No.: 772-871-7900 Attachments: Exhibit A - Legal Description Exhibit 8-- Property Map THIS U77f M SERVICE AGREEMENT.("Agreernent") is made.:and entered InWhy and-i etnreenAhe CITY OF PORT ST. LUCIE, a Florida Municipal Corporation- (crT ;:;and:"—.1�3* _C Aer,LLC,-a Florida Limited Liability.Compitay.("APPLICANT'J. RECITALS WHEREAS, the CITY owns, operates and maintains public water andwastewater udii iysEem 6rough the City Councirs establishment and creation of the Port St. Lucie Utility Systems Department ("PSWSD"j and WHEREAS, the APPLICANT is the record fee simple owner of certain lands (the "PmpertyI71ocated within CITYS utility service area in St. Lucie County, Florida, the legal description of which together with a Property Map are attached hereto and incorporated therein as'EKNbtt(s) now, and WHEREAS, the APPLICANT is planning to develop the Property as Retail-t usiff which`is identified as Coastal Floors and Granite ("Project j; and WHEREAS, the APPLICANT desires to procure water and/or wastewater services anrf reseive plant capacity from the CITY for the proposed Project that is to be developed on the°Property; and-' WHEREAS, the parties desire to enter into this Agreement, setting fdrth the mutual Vntierstandmgs and undertakings regarding CITY'S supply of utility services to APPLICANT for the Project' Page1 of 12 04181615112 0 46 L'c'lg e.l*�-4':I NOW THEREFORE, in consideration of the foregoing premises, the undertakings and mutual agreements herein contained and assumed, and other good and valuable consideration, the parties hereby covenant and agree as follows: 1. Recitals —The foregoing recitations are true and correct and are incorporated herein by reference. 2. Project —The APPLICANT shall accept and use CiTY'S utility services by connecting to CM- S'exisling water distribution and/or wastewater collection lines, which the APPLICANT, its EngineerofRecord ("EOR'), and CITY have determined are required to serve the Project. The APPLICANT, at APPLiCANTSsole cost and expense, shall design, construct and install all necessary water distribution and/or wastewater collection lines and systems ("Utility Facilities") over, through, under, and across the Property and any other lands required The off -site improvements in accordance with the plans, specifications and engineering data submitted by the FOR and approved by the appropriate governmental regulatory agencies and PSLUSD. 3. Compliance with Applicable Laws, Codes, Regulations and Policies -The APPLICAxrshaii abide by and be in compliance with any and all rules and requirements of the regulatory agencies`ihathave jurisdiction over the subject matter of this Agreement as well as all applicable federal and state laws; regulations;, and'CITY ordinances and other policies. In addition, the parties.agree that the policies, ordinances, rules and regulations that are adopted. by the CITY pursuant to general law, as same may be amended from time to time, shall have the full force and effect of law, which shallgovemthe legal relationship between:the_ PLIgW., LCrT-Y with respect to,each,party's obligations,including but notllmited to. CITY'Ssupply; distributioritand dekyerymf utility services to the Property for APPLICANT'S Project, under the terns and conditions of this Agreement In addition, the work to be performed by APPLICANT, at APPLICANT'S sole cost and expense, as required for the fumishing of utility service to the Property, which may include but shall not be limited to the installation of water maim, fire hydrants, gravity flow mains, force mains, pump stations, lift stations, interceptors, and other utility facilities, shall be performed in accordance with the policies, technical specifications and construction standards of PSWSD. 4. Water and/or Wastewater Treatment Plant Capacity - The term'' Equivalent Residential Connection ("ERC'I, referred to in this Agreement and in the applicable codes, rules, stardards.'and regulations of the CITY and PSLUSD, is the unit of measure used to reserve water and/or wastewater treatment plant capacity based on an expected average daily flow. The average datly,fiow of one ERC shall be up to 250 gallons per day of potable water usage and up to 250 gallons per day of usage for wastewater service. The CITY shall reserve for APPLICANT ERCs of water plant capacity/service and/or ERCs of wastewater plant capacity/service upon the receipt of all sums due and owing to the CITY pursuant to this Agreement and the Agreement's execution by all parties hereto. If and when APPLICANT reserves any amount of ERCs then the APPLICANT shall Page 2 of 12 041816/5112 0 ft pay to the CITY the applicable water and/or wastewater capital charges, which consist of plant capacity charges, and water and/or wastewater line charges, at the rates in effect when due and as amended from time to time. S. Previously Reserved and/or Allocated ERCs and/or Line Charges for the Property — The amount of ERCs and/or line charges reserved and/or allocated to service a particular property or establishment runs with the land. When title to real property that is located within the CITYS utility service area is transferred, sold, or otherwise conveyed, the quantity of ERCs and/or Line Charges -that are reserved,- allocated and/or connected for that particular property are also transferred. Accordingly, the -APPLICANT; -APPijcA_Nrs predecessor(s) in interest, may have previously reserved and/or alboted ERCs and/or Line tharges-f6r- the Property. 6. Modifications to Reserved ERCs and/or Line Charges —The quantity of APPLICANT'S reserved ERCs and/or Line Charges and the fees imposed per ERC for plant Capacity and/or line charges by CITY, 'which are due and payable by APPLICANT upon APPLICANrs execution of this Agreement, shall be 'as follows." ERCs CAPITAL CHARGES RATE 0.0 - Water Treatment Plant Capacity per ERC 0.0 Water Line Charge 535:00 4peCERC, 1.0 Wastewater Treatment Plant Capacity $ 2,131.00 per ERC 1.0 Wastewater Line Charge $ 197.00 per ERC Therefore, the total amount of ERCs and/or Line Charges reserved and /or allocated fbr'the Property, including any previously reserved ERCs and/or Line Charges if applicable, is as follows: ERCs and Line Charges Wat& W OW-er ERCs and Line Charges - Previously Reserved 0.0 ERCs and Line Charges,Mo0ificationtinder this Agreement 0.0 A.0 TOTAL ERCsAND.LINE CHARGES RESERVED 0.0 LO The parties agree that any subsequent future requests for modifications to the quantity of reserved ERCs and/or Line Charges shall be handled administratively by the City of Port St. Lucie Utility Systems Department pursuant to the Deparbnent's procedures and processes, and APPLICANT agrees to be bound thereto by thep9partment's final decision. 7. Additional Usage — The C[TY has the right to review and monitor APPLICANT'S actual usage of the water and/or wastewater services. APPLICANT agrees that after 6 months of using and being connected to the =s utility services, the CITY may perform such an audit of APPLICANT'S actual flows, as compared to the flows expected to be generated by the amount of ERCs reserved and allocated by APPLICANT for its Project If APPLICANT'S actual usage exceeds the expected flows based on APPLICANTS reserved ER Cs under this Agreement, then APPLICANT shall be required to (1) promptly pay the applicable, additionalI water and/or wastewater plant capacity charges, line charges, and administrative fees within 20 days of receiving writtenI Page 3 of 12 04181615112 0 0 pay to the CITY the applicable water and/or wastewater capital charges, which consist of plant capacity charges, and water and/or wastewater line charges, at the rates in effect when due and as amended from time to time. 5. Previously Reserved and/or Allomted ERC9 and/or Line Charges for the Property — The amount of ERCs and/or line charges reserved and/or allocated to service a particular property or establishment runs with the land. When title to.real property that is located within the CITY'S utility service area is transferred, sold, or otherwise conveyed, the quantity of ERCs and/or Line Charges -that are reserved; allocated and/or connected for that particular property are also transferred. Accordingly, the -APPLICANT, APPLICANT's predecessor(s) in interest, may have previously reserved and/or allocated ERCs and/or Une'Charges-for-the Property. 6. Modifications to Reserved ERCs and/or Line Charges —The quantity of APPLICANTS reserved ERCs and/or Line Charges and the fees imposed per ERC for plant Capacity and/or line charges by CITY, which are due and payable by APPLICANT upon APPLICANTS execution of this Agreement, "shall be as follows: ERCs CAPITAL CHARGES RATf'" 0.0 Water Treatment Plant Capacity 4,257%41I -.-peFIRC • ' 0.0- Water_ --Line Charge $ . .535M .ice ERC 1.0 Wastewater Treatment Plant Capacity, $1 2,131.00 per ERC 1.0 Wastewater Line Charge $ 197.00 per ERC. Therefore, the total amount of ERCs and/or Line Charges reserved and /or allocates iV the Property, including any previously reserved ERCs and/or Line Charges if applicable, is as follows: ERCs and Line Ehangm- Water Wasberiiater' Other ERCs and Une Charges Previously Reserved 0.0 0 0 ERCs and Line Charges -Modification Under this Agreement 0.0 1:.0 . •. 0.0, TOTAL ERCs AND LINE;CHARGES RESERVED 0.0 The parties agree that any subsequent future requests for modifications to the quantity of reserved ERCs and/or Line Charges shall be handled administratively by the City of Port St. Lude Utility Systems Department pursuant to the Department's procedures and processes, and APPLICANT agrees to be bound thereto by the IDepartment's final decision. 7. Additional Usage — The CITY has the right to review and monitor APPLICANT'S actual usage of the water and/or wastewater services. APPLICANT agrees that after 6 months of using and being connected to the CITVs utility services, the CITY may perform such an audit of APPLICANT'S actual flows, as compared to the flows expected to be generated by the amount of ERCs reserved and allocated by APPLICANT forts Project. if APPLICANT'S actual usage exceeds the expected flows based on APPLICANT'S reserved ERCs under this Agreement, then APPLICANT shall be required to (1) promptly pay the applicable, additional water and/or wastewater plant capacity charges, line charges, and administrative fees within 20 days of receiving written Page 3 of 12 041816/5112 notice from CITY of such additional usage, and (ii) execute an amendment to this Agreement to reserve the additional amount of water and/or wastewater ERCs, that CITY will determine to be sufficient to cover the excess usage. Further, if the actual, future water and/or wastewater flows increase enough to warrant a redesign or replacement of any water and/or wastewater Utility Facilities serving the Property, including but not limited in a wastewater pumping station, then APPLICANT or APPLICANT'S successors in interest or assigns, shall be responsible for any and all costs and expenses associated with the design and replacement of said Utility Facilities. 8. Guaranteed Revenue —Annual guaranteed revenue fees, pursuant to Section 61.15 of CITY'S Code of Ordinances, shall be assessed and paid by APPLICANT to CITY for all reserved and unconnected ERCs at the rates in effect when due, as amended from time to time. Upon APPLICANTS execution of this Agreement, APPLICANT shall pay to CITY any guaranteed revenue fees due, based upon the number of months remaining in the current calendar year that this Agreement is executed by the parties. For each calendar year thereafter, APPLICANT shall. promptly pay, within 30 days .of APPLICANTS receipt of an annual invoice'r the guaranteed revenue fees..Howeveri the CITY shall issue a credit for those ERCs on the invoice;for the subsequent year if any ERCs are connected during a calendar year for which APPLICANT has paid the guaranteed revenue fees. Further, if any payment of guaranteed revenue fees required by this Agreement is more -than 30 days late, the CITY shall send a Notice of Delinquency to APPLICANT. APPLICANT shall be considered in default of this Agreement should APPLICANT fail to submit to CITY the required full payment of guaranteed revenue within 30 days of APPLICANTS receipt of the Notice of Delinquency, and -any and all remaining, reserved -water and/or wastewater plant capacity, and associated fees paid, shall be forfeited by APPLICANT., 9. Consbuction.Plans—The APPLICANT or its FOR shall furnish to CITY a camplete'set of design and construction drawings, plans, specifications, and other necessary engineering data{heteinafter "Construction Plans') of the proposed Utility Facilities for the Project for reviewand approval by PSLUSIS.=-'ilia approval by PSLUSD of APPLICANTS Construction Plans shall be valid for one year from the date'of such"approval. If APPLICANT has commenced construction of the Project but there hasbeeneither (i) a cessation of construction activity where there -has been no documented inspections by CITY for a period of 12 months -or (Hyan•expiration of the associated building permit(s), whichever occurs first, then CITY reserves the right to require the re - submittal of the Construction Plans and further payment of applicable review fees upon-APPLICA TS* resubmission of said documents for approval. The work to be performed by APPLICANT for the furnishing of utility service to the Property for the Project shall not commence until all Construction Plans regard`mg such work are approved in writing by PSL.USD. Page 4 of 12 1041M/5112 M r 10. Points of Service - The points of service to the Property for the Project shall be shown and labeled on the appropriate Construction Plans, and shall be as -follows: For wastewater -service: The first cleanout of the service lateral, upstream of the.gravity main. 11. Maintenance of Utility Facilities on the Property — The APPLICANT shall own, operate, and maintain, at no cost or expense to the CITY, all Utility Facilities on the APPLICANT'S side of the designated point of service, or that of the future user's, where APPLICANTS Property and the development constructed thereon is connected to the CITY'S water and/or wastewater facilities. All pipes, service lines, cleanouts, fixtures, connections, and other necessary equipment on the developed premises and not specifically accepted by and turned over to CITY'S ownership, which are occupied by the APPLICANT, tenants,. customers,_consumers or other users of CITY'S utility services for the Property (hereinafter "Project Occupants'),.shall be,kept,in,.good working order and condition at no cost, liability, or responsibility to. CITY for their mamtenance or operation. 1.2. Meters and ERC,Allocation —The APPLICANT agrees to pay.in full, when .due,_the applicable meter charges and.deposits that shall be assessed at the time the APPLICANT connects to the_CiTY'S utater andJor wastewater facilities. If APPLICANTS Project requires any water and/or wastewateT meter(s).that are Jarger than 2 inches, then such large -sized meters shall be. furnished and installed.at the sole cost and ;expense, of APPLICANT. The size, allocation, and assignments of meters and/or allocation of APPLICANT'S reserved ERCs shall be handled administratively by PSLUSD pursuant to its procedures and processes, and APPLICANT agrees to be bound thereto by PSLUSD'S final decision. Further, no meter shall be removed, rebated, bypassed, or altered in any way or manner whatsoever by anyone except, the CITY, or CITYS authorized employee, agent, consultant or contractor. 13. Easements and Access to the Premises— Prior to CITY'S acceptance and/or certification, through pertinent regulatory agencies, of the Utility Facilities -and other improvements constructed for the Project, APPLICANT shall grant -and convey to CITY and its successors and assighs, in-a.form satisfactory to CITY,. perpetual, exclusive rights, prnrilegesAnd easements on APPLICANT'S Property and, if required, on lands lying outside the Property, to access, construct, operate, maintain, repair, replace ,or expand all water and wastewater utility facilities transferred to CITY for ownership and/or maintenance in connection with CIT1°S supplying of water and wastewater services to APPLICANT and/or the Project Occupants of the Property. APPLICANT shall secure from each mortgagee and lienholder a release of the mortgagee's.or lienholde€€ s:interest=inthe;easement and Utility Facilities. located within the granted easements. If required by CITY, the. APPLCFANT shalUals,o grant, or cause to be granted, in a form acceptable to CITY, utility easements that shall be a:minimum:of lII feet wide for the length of the Property along all rights -of -way not owned by.the:CITY. APPLICANT shall.pay any:and:all costs and expenses associated with the granting of said easements to the CITY for CITY'S supply of utility services to APPLICANTs Property. Further, APPLICANT shall, grant or permit CITY, its :authorized employees, Page 5 of 12 134161615112 + 0 0 agents and contractors, access to APPLICANTS Property- and any development upon the Property during all reasonable hours, or any time in the event of an emergency, for the purposes of maintaining, -inspecting, repairing, installing or removing CITY utility facilities. 14. Notice.— All notices, requests, consents, and other communications required onpermittediunder this Agreement shall be in writing and shall be (as. elected by the party giving such notice) hand, delivered by messenger or courier service, by regular United States Mail with postage, prepaid, or, by, certified mall, return receipt requested. (Airmail if international), and shall be directed to -the following persons and.placesdesignated by the parties: FOR THE CITY. FOR111EAPP4CANT: PORT 97% LUCIE UTILITY SYSTEMS DEPARTMENT PALM PARK CENTER LLC 900 S.E. Ogden Lane 8569 South US Highway 1 Port St Lucie, FL 34983 Port St. Lucie, Florida32952 Attn: Jesus A. Merejo, Utility Systems Director Attention: Nick Elliott With a copy to: OFFICE OF THE CITY ATTORNEY With a cony to - CITY OF PORT St LUCIE ROY MILDNER 121 S.W. Port St. Lucie Boulevard 423. Delaware Avenue Port St. Lucie, FL 34984 Ft Pierce, Florida 34950 Attn: Utilities Attorney 15. As-Built/Record Survey — The APPLICANT, at its sole cost.ang-_expensp, shall _4yeprepar0,,_b Florida registered Surveyor and Mapper, and furnish to the CITY an as -built survey in a9cordiepoe, i# the standards and specifications of PSWSD. The as -built survey shall be certified and sealed,by APP41;"TS. E-OR and require the written approval of PSLUSD prior to the CITYS acceptance of: APP�,... 5�,"risfer and conveyance of its Utility Facilities pursuant to the terms of this Agreement The as -built su shall show all , pertinent information as to all mains, services and appurtenances belonging_i�p,.:.and.., g -onw water distribution, wastewater collection, and other utility lines and systems, constructed to service the Property and the Project developed thereon. As -built survey shall also be signed and sea -led by a Florlda.,,registered .surveyor as to the actual locations of all surface features of the Utility Facilities, easements and rights-ofTay,which are part of or adjacent to the Property, and shall include all constructed paving and drainage facilities relating to '.. said facilities for CrrYS supply of utility services to APPLICANT. 16. Turnover of Utility Facilities — Prior bDCITYS acceptance of APPLICANTS Utility Facilities and the provision of utility services to the constructed Project improvements, APPLICANT shall fully execute and provide all necessary drawings, reports, affidavits, release of liens, certifications, Wills of sale, and any other documents identified in PSLPSDS checklists for Utility Final Inspection and Utility Acceptance Turnover, as revised or Page 6 of 12 041916/5112 amended from time to time. APPLICANT shall transfer to CITY by Bill of Sale, all of APPLICANT'S right, title and interest in and to all of the water and/or wastewater supply lines, mains, pumps; connections, pipes, meters, valves and equipment installed up to and within granted easements and rights -of -way within the Property and off -site lands (IF applicable) that were constructed and installed for the purpose of supplying. utilityservices for APPLICANT'S Project. The APPLICANT shall also fumish to CITY an- affidavit asserting that ail- persons, firms, corporations orother entities who fumished labor, equipment and/or materials -used -directly or indirectly In the execution of the work to be performed under this Agreement and for the Project have been paid. However, in the event of a dispute between APPLICANT and any contractor, subcontractor, orotherperson or`entity who fumished such labor or materials, APPLICANT shall provide CITY with a bond in the amount that is in dispute and in a form acceptable to CITY. 1.7. Warranty — APPLICANT shall assign to CITY all warranties pertaining to the subject Utility Facilities and improvements upon the final acceptance and/or certification by PSLUSD and transfer of ownership to CITY of all such applicable facilities for the supply of utility services to the Property. APPLICANT further agrees that for a period of one year after said acceptance and transfer, the APPLICANT will cdnvM upon receipt of written notice, any deficiencies in the design, materials .or installation of the Utility Facilities and other subject improvements. Such repair work undertaken pursuant to this paragraph of the -Agreement shall'beat the Applicant's sole cost and expense, and in accordance with the standards and specifications'of-PSL.USD. In the event CITY, for whatever reason, should have to perform repairs to correct deficencies, APPLICANT agrees to reimburse the CITY for such work within 30 days of receipt of a request for'payment from the -CITY.: Is. Payment of Fees and Charges —The APPLICANT agrees to submit'to CITY full payment of any and all fees and charges due and owing to the CITY upon APPLICANT'S execution of this Agreement:." The total amount due to CITY is detailed in the Utility Invoice, that has been separately provided to APPLICANT,' and which APPLICANT acknowledges the receipt thereof. CITY shall riot execute this -Agreement until It receives APPLICANT'S full payment and the processing of the payment is complete. - 19. Default — if APPLICANT shall be in default of any provision of this Agreement; •m addition to any remedy otherwise specifically provided for herein, APPLICANT agrees and acknowledges that CITY shall have the right to exercise one or more of the following sanctions or penalties: a. Any remaining reserved but unconnected water and/or wastewater plant capacity, and all fees paid, may be rescinded and forfeited. b. No inspections or certification shall be approved by CITY. c. No Building Permit shall be issued by CITY for any unit or structure developed on the Property. d. There shall be an interest penalty equal to the maximum rate allowed under Florida law on any outstanding balance due to CITY from APPLICANT. When applicable, this penalty, unless -otherwise Page 7 of 12 G41816/5112 t provided for in this Agreement or in the CITY'S Code of Ordinances, as amended from time to, time, shall accrue from the date the payment is due, as stated in the invoice, notice, or bill. e. The CITY shall be entitled to place a statutory lien against the Property and foreclose the lien in satisfaction of any payments due and owing to COY under this Agreement. f. The CITY shall be entitled to any other remedy at law, and C1TY'S failure to seek any remedy shall not constitute a waiver of said remedy. 20. Disdaimer — Any interruption or temporary cessation in arVS supply of utility services to the Property that is caused by any Act of God, fire, hurricane, windstorm, strike, accident, power failure, necessary maintenance work, breakdown, collapse, damage to equipment or service lines or mains, civil or military orders, riots, or other cause or casualty beyond the control of the CITY shall not constitute a breach -of this Agreement nor impose liability upon the CITY for any consequences or ramifications experienced by the APPLICANT, its successors or assigns, or the Project Occupants. 21. Interceptors — If the current or future use of the Property requires the installation, upsizing, relocation, repair, or replacement of new or existing grease, oil and/or sand interceptors, then said -interceptors shall be sized adequately, based on the requirements and regulations of PSLUSD, to serve the Project and subject Property, and any establishments located thereon. The design and installation -of any required-intercepior shall be at no cost or expense to the CITY. In addition, the APPLICANT understands and acknowledges that the construction, installation or relocation of additional interceptors may require the demolition of the waAs and floor slabs to re -plumb the bays for the Interceptors and for obtaining separate water utility services. Thee, space constraints, or gradient imposed upon APPLICANT shall not be sufficient cause for CITY'S waiver of requirements concerning the interceptors for the anticipated Project. 22. Control of Crow Connection and Baddiow — The parties agree that the public water supplyand systems shall be protected against actual or potential aim connections and baddiow by isolating contamination or pollution that has occurred or may occur within the Property and establishments or development constructed thereo n. No water service connection shall be installed or accepted by the r_TGM unless:the water utility systems are protected by a badcflow prevention assembly of a model and size approved by PSLUSD. The service of water to APPLICANT'S Property shall be denied or discontinued by CITY if a baddlow prevention assembly, is not properly- installed, tested, and maintained in a properly functioning condition that meets" the satisfaction of PSWSD. 23. Lift Station Generators — Pursuant to Section 63.17 of the CITY'S Code of Ordinances, if APPLICANT'S Project plans propose the construction of a wastewater pumping station (or lift station), then APPLICANTS construction plans shall include the provision of an emergency electrical power`supply. The APPLICANT shall satisfy this requirement by a portable generator, the cost of which -shall be -borne by APPLICANT, and the cost for the appropriate generator shalt be paid to CITY upon- APPLICANTS execution°of Page 8 of 12 041816/5112 this Agreement. The portable generator acquired for APPLICANT'S lift station shall be the CITYS personal property and incorporated into its generator inventory, which shall be utilized at the discretion of PSLUSD. 24. Service Outside City Limits — APPLICANT desires to procure water and/or wastewater services to its Property which lies outside the limits of the City of Port St. Lucie. APPLICANT acknowledges that the provision of the water/wastewater service to the Property is contingent upon the ability of the City to supply the demand requested. As consideration for the application to receive water and/or wastewater service to the Property as set forth herein, the Applicant hereby elects to be voluntarily annexed into the City upon determination by the City to do so. The Applicant understands and agrees that this document shall be considered a written approval for annexation of the Property in the event that an area, including the Property, is proposed for annexation. The Applicant further agrees that the foregoing shall run with the land and be binding upon'its,heirs, successors or assigns, and that this document may be recorded in the Public. Records of St. Lucie County, Florida, for.the purpose of serving as notice of the terms of this Agreement upon its heirs, successors or assigns. 25. Water Meter — The APPLICANT will install a private meter to monitor the building water usage. All water usage records shall be made available to PSLUSD upon request 26. Trtte - Upon APPLICANT'S execution of this Agreement and at its sole cost and expense, a`copy of the recorded conveyance documents for the purpose of establishing APPLICANT'S ownership of fhe Prb`pertyshall be provided to CITY. In addition, if the APPLICANT shall be required'to convey any utility easements to the CITY, then the CITY shall require the subordination of any mortgage or lien held by any mortgagee or iiertholder having an interest in the Property. APPLICANT shall be responsible at its sole cost and expense for 'otitaining the execution of a Consent and Joinder of Mortgagee/Lienholder, in a form approved by GI71',`tij+ any such mortgagees or lienholders, or submitting to CITY one of the following documents: (i) an Affidavit of No Lien, (ii) a Release and/or Satisfaction of Mortgage or Lien, or (iii) a letter -from an attomey,4mth alvaUdlFlprida•Bar license to practice lawn confirming that that there is no mortgage or lien on-the:,Property APPLICANT r rust proviide CITY with said Affidavit, Release and/or .satisfaction, or attorney letter upon APPLICANTS execution of this Agreement, as the CITY shall not execute this Agreement without -receiving said.,title-related documents. from APPLICANT. 27. Assignment of Agreement — This Agreement shall run with the Property and. be Mriding-upon APPLICANT'S heirs, legal representatives, members, assigns, and successors in interest. The assignment or; transfer of APPLICANT'S rights and obligations hereunder is prohibited unless all of the 'follbWing acts are performed: Page 9 of 12 041816/542 a. APPLICANT'S assignment is in writing and entered into with the same formality as th"Weement; and b. The CITY shall be a party to said assignment, and C1TY'S approval of which shall not be unreasonably withheld; and c. APPLICANT shall remain liable to the CITY for APPLICANTS responsibilities and obligations under this Agreement unless such an assignment is made in strict compliance with this paragraph; and d. Provided that this. Agreement is properly assigned, the CITY will exearte , a ."Satisfaction of Assignment," and the costs for the recording of which in the Official Public Records of the Clerk of the Court of St. Lucie County, Florida shall be paid by APPLICANT to CITY, in advance,of gTrY S execution of the Satisfaction of Assignment 28. Repeal- of Prior Agreements — Any and all- prior agreements pertaining .too --the -supply of_utility services to the Property are hereby cancelled and declared of no force and effect upon the`subjectreal property or the parties that are subject to this Agreement. 29. Rules and Regulations of Utility Services —The CITY shall have the right to promulgates and adopt rules and regulations, from time to time, relating to the supply of utility services to the CI VS aistomers and users, including the APPLICANT and the Project Occupant(s) who shall become customers and users under this Agreement. Such rules and regulations may relate to, but are not limited to, rates, deposits, connection charges; capital charges and other fees, and the right to discontinue or terminate services under certain circurristiances. APPLICANT hereby acknowledges and agrees that the rates and regulations are subject to change' and APPLICANT shall be responsible for full payment of any fees and charges assessed pursuant to the promulgated rates and regulations governing at the time. 30. Invalid Provisions — In the event any term or provision of thus Agreement is held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions will not affected thereby, but will be valid and remain in full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. 31. Governing Law —This Agreement is governed by and will be construed in accordance with the laws of the State of Florida, and in the event of any litigation concerning the terms of this Agreement proper venue thereof will be in St Lucie County, Florida. Page 10 of 12 04181615112 32. Recording —This Agreement or notice thereof shall be recorded by CITY in the Official PublirRecords of the Clerk of the Courtof St. Lucie County, Florida, and may be recorded by CITY in the minutes of the Cierk of the City Council for Port St. Lucie, St. Lucie County, Florida. All preparation, review and recording fees for this Agreement shall be the responsibility of the APPLICANT. 33. Effective Date — This Agreement is not binding and of no force and effect until fully executed by both the CITY and APPLICANT. 34. Entire Agreement — This Agreement contains the entire agreement between the parties hereto as it pertains to the subject matter contained herein and shall supersede and take precedence over any -and all prior and contemporaneous agreements and understandings between the parties hereto, unless otherwise stated. No additions, alterations, or variation of the terms of this Agreement shall be valid. IN WITNESS WHEREOF, the CITY and APPLICANT have caused this Utility Service Agreement to be executed on behalf of the respective entities, their successors and assigns, and shall run -with the -Property on the day and year written, which shall be the date the last party signs this Agreement-: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 11 of 12 041816/5112 wide. rwaSeauired) 1' pe a li 1 1 ce I eel a - �� _ _ , — day. of Y: for Palm Park Center LLE 'personamv Mown to me or ( ) proven by producing the: fulloWng identification AGREEQ°TO BY GI7'Y this ,.day=of°. 2@�: gy: Print [Varrre a Tithe SS t. —O'k "e,2C The foregoinginstmmentwas.admowl ycif. nca edged before me this da by .IDtuc Arn , a5% Oirr��n� for`PcatSt ,LtxaeiC�fYy Departrnentoftfse'Ms -of Pat St Wde, who is persanaity knawn-tb me..:: i ARY SEAL%STA.MP mid ' cif 1lEiiE,il1 /x � Nid{tiYPt�t1C:. -OLt42618, Page 12 of`12 041816)SM _.1 Uhity File #5112 Exhibit A Legal Description Project Name: Coastal Floors and Granite Parcel I.D. # 3414-501-1903-200-7 A TRACT OF LAND LOCATED IN ST. LUCIE GARDENS SUBDIVISION, SECTION-26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BLOCK 3, AND THAT PART OF LOTS 3-AND 4, WHICH ARE -DESCRIBED AS FOLLOWS: BEGINNING -AT THE POINT, OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 1 AND THE WESTERLY LINE OF SAID LOT 3, THENCE, RUN NORTH 00'O1'49" EAST, ALONG THE WEST LINE'OF SAID LOT 3, FOR A DISTANCE OF 238.43 FEET TO THE' NORTH LINE OF. THE. SOUTH .HALF_;OF. LOT- 3; THENCE SOUTH 89042'11" EAST, ALONG THE SAID NORTH LINE OF THE SOUTH HALF OF,.SAID LOT 3, FOR A. DISTANCE OF 271.03 FEET; THENCE NORTH 27031'40" WEST, FOR A DISTANCE OF 205.85 FEET TO A POINT; THENCE SOUTH 62028'20""WEST, FOR ADISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH THE SAID EASTERLY RIGHT=OF- WAY LINE OF U.S. HIGHWAY No. 1; THENCE SOUTH 27°31'4Q"'EA' ST, AL0_&G SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 290.72 FEET TO THE POINT OF BEGINNING. Paae 1 of 1 _. _. ',ore St. Lucie Utility Systems Depar it Utility Services Summary N. 900 SE Ogden Lane h:`ay Port St. Lucie, FL 34983 xrnrw�u Phone: (772) 873-M Fax. (772) 871-7615 Pm)ect Name: Coastal Room and Granite Utility File No.: 5112 Plaza Name: N/A Owner's Contact Person: Rick EOiott Property Owner: Patin Park Center Ux Contact Phone No.: 772-971.7900 Mailing Address: 850 South US Highway 1 Contact E-Ma0 Address nck coastaldeve(wmentmm.corn Fort St Lucie, Florida 32952 Potable Water ERC's/Line Charges Reserved: 0.0 Action(s) Requested: Adding Sewer Capacity Wastewater ERCs/Lme Charges Reserved: 1.0 This project is a new building, no water meter to bill and use fixed rate for sewer billing. Customer Service does not need to collect any fees. For all meter she charges, the Property Owner shag be responsible for sizing, Installation and mrff[=UM of all new baddicw Prevention assemblies. Further, a signed, odglnal bads low certification shall be provided to PSLUSD for any new installation of a baddlow prevention assembly. The undersigned declares, under penalty of pedury, that s/he is the owner, or a duly authorized elite, agent or representative of the owner, of the Property identified above, and that the Informlion provided herein is accurate and true to the best of hislher knowledge. It Is understood that it Is the responsibility of the property owner requesting the above descnbed action(s) to verify that the requested meter size and/or ERC allocation change(s) well provide sufficient flow, pressure and capacity to comply with arty rode requirements and meet the needs of the occupants of the property. It is also understood that should subsequent changes to meter she and MC allocation be desired and requested, Urea additional charges and fees for the review and proving of said future request(s) stall be pald prior to their Implementation. By signing below, the undersigned authorizes, confirms and agrees to the Projects ERC allocation and identified locations of the metes, including size and opacity assigned to each meter as shown on the above table. Further, the undersigned agrees to pay any and all fees des to the Cdy, as sham on the aaatttlac hed Involve, and said fees must be Paid prior to impiementatlon of new %"too and/or allocation, and before any refund a vbe appj _ tt� qgccqurhgs wilb 116litles Grsiomer ServfrPlBlNng Departrnenu. / n 50n brc UUftyxumnon-greet-cam-Inv=e Page 1 of 1 Pia USD or- No. 150 it Lucie Utility Systems Oepac6nenl_ • , V Invoice 900 SE Ogdentane . •..kg/ PartSt. lade, FL 34983 Mcas+a.r.r' Patera: (772) 873-6400 Fax. (772) 871.7615 Invoke No: SIIZM42616 Invoice Data: 4r2UM16 - Project: Name: Coastal Floors and Granite UMW File No.: 5112 .. - P=Name: WA Owner's Contact Person: Nick 0ctt Property Owner: Palm Dark CRW LIC Contact Plane Na.: 772-VI-79W Mailing Address: 8569 South US Nbtnvav 1 Contact E-Ma0 Address. .cote Port St. Luce, Fiaorda 32M Pote14e Water ERCs Reserved: 0.0 Acpar(s) Reputed: Adding, Sewer Capacity Wastawater ERCs Reserved: L0 . . Item DescripOion Unit Price Quantity Definer AnlolNlt Pro. 1 Wastewater Ptant Capacity Reserved: $2,131M 1.0 ERCs $7v131.0D 2 Wastewater Une Charge: $197.00 1.0 ERCS $197M 3 B Months of WastewazM Gtaranteed Revenue: $14.26 1.0 ERCs $14.26 4 Ran Review and Inspections (Base Fee) $743.00 1 Base Fee $743.00 S Pan Review and irspetSoris (Per M PrevwuslyPad: $69.00 1.0 ERCS 99M 6 Ageenvert Recwdhq Fees: $12 firs page, $850 thereafter 14 Pam $12250 7 PSL115D Wastewater ConsttuNon Permit Fee: $450.00 1 Each $45= 8 Sewer Deposit- 518x 314"Meter Six $125.D0 1 Eadi $MX0 Total Due Upon Receipt $3,851.76 Data Pat 5 X Westport 25% Surdtarge Da of City limits B YES % NO Glades Information: Name: Palm Park Cemer UC Address: 8569 Wh US Nbhwav 1 Pon St. Lurie, Fbft 32952 Phone: 772-971.79M ALM PARK CENTER LLC ;' Ifstream Business Bank ' Check No. 1106 "i400 SE Monterey Road Stuart FL 34996 jjjt 1 / Dam Pay to the Order of Aemu 5ll f 0�3� 050011060, 1:067014712+: 01SOOSOS74n■ Record of Payment Cheek:1106 Payee: /a PALM PARK Receipt #- 0 8 7 8 8 Account City of Port St. Lucie Utility Engineering Department Project Name: Service Address: $s?a S_uS IAWy Billing Name: Lam. File 11� {i a Billing Address: $ � N Wy I c�4 U-y 1= Legal Description: + 4r�(1 uuz pgrry-N t;�>; Application Fee: /� Agreement Fee Other Fee: SAD/USA: Received by: /7 (�lii Yn Date: t Amount: J sI:-' O EXHIBIT B PROPERTY MAP PROJECT NAME: COASTAL FLOOR AND GRANITE Project Location SECTION 26. TOWNSHIP, 36S, RANGE40E BLOCK 3 e WZ--(Q —A— = I SP d LOT 3 ❑ m 1.253 ACRES Q W U co a I SANDPINE CIRCLE G S, 4 TRACT D-2 ' iCy� I ' I all TPACTA-1 j v O ;r SAVANNA CLUB ROAD 4 ` \t 1 t+ I METER ADDRESS: 8532 South US Highway 1 St. Lucie County, Florida 34952 Prepared By return to: Port St Lude Utility Systems Dept 900 SE Ogden lane, Port St Lude, FL 34983 Project Name: Property Owner & Principal Address: Contact Name: Attachments: UTILITY. SERVICE AGREEMENT Coastal Floors and Granite Palm Park Center LLC 8569 South US Highway 1 Port St Lude, Florida 32952 Nick Elliott Exhibit A — Legal Description Exhibit B - Properly Map Service Address:, Billing Address: Contact Phone No.: 8532 South.US.Hlghway 1 _ Port St Wde, Flbri 34952 Palm Park Center LLC " 8569 South US Highway 1 Port St Lucie, Florida 32952 772-871-7900 THIS UTILFdY SERVICE AGREEMENT ("Agreement") is made and entered,:irttorby and -between the CITY OF PORT ST tUCIE, a Florida.Municipal Corporation ("CI1Y'J,:.and-Palm-P -Center LLC, a Florida Limited1lability Company rAPPLICANT'J. RECITALS WHEREAS, the CITY owns, operates and maintains public water and wastewater ubTiiy systemstiirough the City Council's establishment and creation of the Port St. Lucie Utility `Systems Department (TtWL Djand WHEREAS, the APPLICANT is the record fee simple owner of certain lands (the"Prdpeity J' located within CITYS utility service area in St. Lucie County, Florida, the legal description of which together with a Property Map are attached hereto and incorporfed therein as Exhdbit(s) noted'; and WHEREAS, the APPLICANT is planning to develop the Property as'Retail<Busirtes's, which is identified as Coastal Floors and Granite CProject'j; and WHEREAS, the APPLICANT desires to procure water ,and/or wastewater servides and reserve plant capacity from the CITY for the proposed Project that is to be developed on the Property; and - WHEREAS, the parties desire to enter into this Agreement, setting forth the mutual -understandings and undertakings regarding CITVS supply of utility services to APPLICANT forthe Project' Page1 of 12 041816/5112 NOW THEREFORE, in consideration of the foregoing premises, the undertakings and mutual agreements herein contained and assumed, and other good and valuable consideration, the parties hereby covenant and agree as follows: 1. Recitals —The foregoing recitations are true and correct and are incorporated herein by reference. 2. Project — The APPLICANT shall accept and use CITY'S utility services by connecting t o,CIW Sexisting water distribution and/or wastewater collection lines, which the -APPLICANT, its Engineer of Record ("EOR'), and CITY have determined are required to serve the Project. The APPLICANT, at APPLICANT sole cost and expense, shall design, construct and install all necessary water distribution and/or wastewater collection lines and systems ("Utility Facilities l over, through, under, and across the Property and any other lands required for off -site improvements in accordance with the plans, specifications and engineering data submitted by the FOR and approved by the appropriate governmental regulatory agencies and PSLUSD. 3. Compliance w"rth Applicable Laws, Gates, Regulations and Policies, -The abide by and be in compliance with any and all rules and requirements of the regulatory agencies ihathave jurisdiction over the subject matter of this Agreement as well as all applicable federal'and`slate laws, regulations; and CITY ordinances and other policies. In addition, the partiesagree that the policies, ordinances, rules and regulations that are adopted :by --the CITY pursuant to general law, as same may be amended from time to time, shall have the full force and effect of law, which shall govern -the legal relationship between the APPLICANT ancKITYt with: respect to each patty's obligations, including but not.. limited to. arY'S-supply; distribution and detiyerysoCublity services to the Property for APPLICANTS Project, under the tenor and conditions of this Agreement In addition, the work to be performed by APPLICANT, at APPLICANTS sole cost and expense, as required for the furnishing of utility service to the Property, which may include but shall not be limited to the installation of water mains, fire hydrants, gravity flow mains, force mains, pump stations, lift stations, interceptors, and other utility facilities, shall be performed in accordance with the policies, technical specifications and construction standards of PSWSD. 4. Water and/or Wastewater Treatment Plant Capacity - The tens 'Equivalent Residential Connection ("ERC'J, referred to in this Agreement and in.the applicable codes,.rules, standards and regulations of the CITY and PSLUSD, is the unit of measure used to reserve water and/or wastewater treatment plant capacity based on an expected average daily flow: The average daily flow of one ERC shall be up to 250 gallons per day of potable water usage and up to 250 gallons per day of usage for wastewater service. The CITY shall reserve for APPLICANT ERCs of water plant capacity/service and/or ERCs of wastewater plant capadty/service upon the receipt of all sums due and owing to the CiIY pursuant to this Agreement and the Agreement's execution by all parties hereto. If and when APPLICANT reserves any amount of ERCs then the APPLICANT shall Page 2 of 12 041816/5112 pay to the CITY the applicable water and/or wastewater capital charges, which consist of plant capacity charges, and water and/or wastewater line charges, at the rates in effect when due and as amended from time to time. S. Previously Reserved and/or Allocated ERC9 and/or Line Charges for the Property — The amount of ERCs and/or line charges reserved and/or allocated to service a particular property or establishment runs with the land. When title to real property that is located within the CIIY'S utility service area is transferred, sold, or otherwise conveyed, the quantity of ERCs and/or Line Charges that are reserved, -allocated and/or connected for that particular property are also transferred. Accordingly, the -APPLICANT, APPLICANTS predecessor(s) in interest, may have previously reserved and/or allocated ERCs and/or Linetharges=for-the Property. 6. Modifications to Reserved ERCs and/or Line Charges -The quantity of APPLiCANTSreserved ERCs and/or Une Charges and the fees imposed per ERC for plant Capacity and/or line `charges by CITY, which are due and payable by APPLICANT upon APPLICANTs execution of this Agreement, shall be as'foliowk ERC§ ' CAPITAL CHARGES RA rf 0.0 Water Treatment Plant Capacity $ 1; 0FT. per€RC 0.0• Water -Line Charge $ _ .535110 per,ERG 1.0 Wastewater Treatment Plant Capacity $I 2,131.00 per ERC 1.0 Wastewater Une Charge $ 197.00 per ERC Therefore, the total amount of ERCs and/or Line Charges reserved and /or allocated'for the Property, including any previously reserved ERCs and/or Une Charges if applicable, is as follows: ERCs and Line Charges Water• I Wasteriiater >; ; Other' ERCs and Line Charges Previously Reserved 00 00. i ERCs and-Urte Charges:P9odification Under this.Agreement 0.0 1,0 ' TOTAL ERCs:AND,LINE,CHARGES.RESERYED 0.0 L0,.0,0 The parties agree that any subsequent future requests for modifications to the quantity of reserved ERCs and/or Une Charges shall be handled administratively by the City of Port St. Lude Utility Systems Department pursuant to the Departments procedures and processes, and APPLICANT agrees to be bound thereto by the Department's final decision. 7. Additional Usage — The CITY has the right to review and monitor APPLICANT'S actual usage of the water and/or wastewater services. APPLICANT agrees that after 6 months of using and being connected to the CrMs utility services, the CITY may perform such an audit of APPLICANTS actual flows, as compared to the flows expected to be generated by the amount of ERCs reserved and allocated by APPLICANT for its Project. If APPLICANT'S actual usage exceeds the expected flows based on APPLICANTS reserved ERCs under this Agreement, then APPLICANT shall be required to (i) promptly pay the applicable, additional water and/or wastewater plant capacity charges, line charges, and administrative fees within 20'days of receiving written Page 3 of 12 04181615112 notice from CITY of such additional usage, and (ii) execute an amendment to this Agreement to reserve the additional amount of water and/or wastewater ERCs, that CITY will determine to be sufficient to cover the excess usage. Further, if the actual, future water and/or wastewater flows increase enough to warrant a redesign or replacement of any water and/or wastewater Utility Facilities serving the Property, including but not limited to a wastewater pumping station, then APPLICANT or APPLICANT'S successors in interest or assigns, shall be responsible for any and all costs and expenses associated with the design and replacement of said Utility Facilities. 8. Guaranteed Revenue —Annual guaranteed revenue fees, pursuant to Section 61.15 of Cr Y'S Code of Ordinances, shall be assessed and paid by APPLICANT to CITY for all reserved and unconnected ERCs at the rates in effect when due, as amended from time to time. Upon APPLICANTS execution of this Agreement, APPLICANT shall pay to CITY any guaranteed revenue fees due, based upon the number of months remaining in the current calendar year that this Agreement is executed by the parties. For each calendar year thereafter, APPLICANT shall promptly pay, within 30 days .of APPLICANTS receipt of an annual invoice,. the guaranteed revenue fees. However, the CITY -shall -issue a credit for those ERCs on the invoice;for the subsequent year if any ERCs are connected during a calendar year for which APPLICANT has paid the guaranteed revenue fees. Further, if any payment of guaranteed revenue fees required by this Agreement is more than 30 days late, the CITY shall send a Notice of Delinquency to APPLICANT. APPLICANT shall be considered in default of this Agreement should APPLICANT fail to submit to CITY the required full payment of guaranteed revenue within 30 days of APPLICANTS receipt of the Notice of Delinquency, and -any and all remaining reserved. water -and/or, wastewater plant capacity, and associated fees paid, shall be forfeited by APPLICANT. 9. Consb uction.P.lans — The APPLICANT or its FOR shall furnish to. CITY a;corriplete set of: design and construction drawings, plans, specifications, and -other necessary engineering data (hereinafter "Construction Plans'l of the proposed Utility Facilities for the Project for reviewand approval by PSLUSD..The approval by PSLUSD of APPLICANTS Construction Plans shall be valid for one year from the date of such approval. If APPLICANT has commenced construction of the Project but there has been either (1) a cessation of constu(tion activity where there has been no documented inspections by CITY for a period of 12 months or CA) an expiration of the associated building pennit(s), whichever occurs first, then CITY reserves the right to require the re - submittal of the Construction Plans and further payment of applicable review fees -upon APPLICANTS resubmission of said documents for approval. The work to be performed by APPLICANT fce'the firriiehingr'of utility service to the Property for the Project shall not commence until all Construction Plans regarding such work are approved in writing by PSLUSD. Page 4 of 12 D41816/5112 10. Pants of Service - The points of service to the Property far the Project shall be shown -and labeled on the appropriate Construction Plans, and shall be as follows: For wastewater. service: The first cleanout of the service lateral, upstream of the gravity main. 11. Maintenance of Utility Facilities on the Property — The APPLICANT shall own, operate, and maintain, at no cost or expense to the CITY, all Utility Facilities on the APPLICANT'S side of the designated point of service, or that of the future user's, where APPLICANT'S Property and the development constructed thereon is connected to the CITY'S water and/or wastewater facilities. All pipes, service lines, clearnuuts, fixtures, connections, and other necessary equipment on the developed premises and not specifically accepted by and turned over to CIMS ownership, which are occupied by the APPLICANT, tenants,, customers,_consumers or other users of U S utility services for the Property (hereinafter "Project Occupants�,.shail be,kept in.,good working order and condition at no cost, Lability, or responsibility to. CITY for their maintenance or operation. 12. Meters and ERC Allocation —The APPLICANT agrees to pay, in full, when due,.ihe applicable meter charges and -deposits that shall be assessed at the time the APPLICANT connects to the;C1T'S water and/or wastewater facilities. If APPLICANTS Project requires any water and/or wastewater meters) that,.are-larger than 2 inches, then such large -sized meters shall be, furnished and installed.at the sole cost andexpense,of APPLICANT. The size, allocation, and assignments of meters and/or allocation of APPLICANT'S reserved ERCs shall be handled administratively by PSLUSD pursuant to its procedures and processes, and APPLICANT agrees to be bound thereto. by PSI.USD'S final decision. Further, no meter shall be removed, relocated, bypassed, or altered in any way or manner whatsoever by anyone except the CITY,or C1T"S authorized employee, agent, consultant or contractor. 13. Easements and Access to the Premises — Prior to ar Y'S acceptance and/or certification, through pertinent regulatory agencies, of the Utility Fadlities•and other, improvements constructed for the Project, APPLICANT shall grant and convey to CITY and its successors and • assighs, in a. form satisfactory to CITY,. perpetual, exclusive rights, privileges and easements on APPLICANT'S Property and, if required, on lands lying outside the Property, to access, construct, operate, maintain, repair, replace gr expand all water and wastewater utility facilities transferred to CITY for ownership and/or maintenance in connection with CITY'S supplying of water and wastewater services to APPLICANT and/or the Project Occupants of the Property. APPLICANT shall secure from each mortgagee and. lienholder a release of the mortgagee's -or lienhotder's.interest.inthemsement and Utility Facilities located within the granted easements. If required.by CITY, the APPLCIANT. shalisalso grant; or cause to be granted, in a form acceptable -to. CITY, utility easements that shall be wminimum:of 10;feet:wide for the length of the Property along all rights -of -way not owned by the CIT'. APPLICANT shall>pay: any and:aL costs and expenses associated with the granting of said easements to the CITY for CIT"S supply of utility services to APPLICANTS Property. Further, APPLICANT shall. grant or perrut CITY, its;authorized employees, Page 5 of 12 041816/511-2 agents and contractors, access to APPLICANT'S Property and any development upon the Property during all reasonable hours, or any time in the event of an emergency, for the purposes of -maintaining, Inspecting, repairing, installing or removing CI Y'S utility facilities. 14. Notice — All notices, requests, consents, and other communications required or.permitted:under this Agreement shall be in writing and shall be (as. elected by the party giving such notice)"hand. delivered by messenger or courier service, by regular United States Mail with postage prepaid, or by, certified mail, return receipt requested (Airmail if international), and shall be directed to.the following persons and places: designated by the parties: FOR THE CITY: FOR.THE APPLICANT: PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT PALM PARK CENTER LLC 900 S.E. Ogden Lane 8569 South US Highway 1 Port St. Lude, FL 34983 Port St Lude, Rorida 32952 Attn: Jesus A. Merejo, Utility Systems Director Attention: Nick Elliott With a comt to: OFFICE OF THE CITY ATTORNEY With a coov to: CITY OF PORT ST. LUCIE ROY MILDNER 121 S.W. Port St. Lude- Boulevard 423.Delaware Avenue Port St. Lude, FL 34984 Ft Pierce, Rorida 34950 Attn: Utilities Attorney 15. As-Built/Record Survey — The APPLICANT, at its sole cost.and,expense, shall haveprepared,.by,a Florida registered. Surveyor and Mapper, and furnish to the CITY an as -built survey in accordance. with the standards and specifications of PSLUSD. The as -built survey shall be certified and sealed by,APPLiCANTS FOR and require the written approval of PSLUSD prior to the CITYS acceptance of..APPLICAhffS,transfer and conveyance of its Utility Facilities pursuant to the terns of this Agreement The as-built,sury'W. shall show. all pertinent information as to all mains, services and appurtenances beiortging to,.,anq'.,aftec©ing. the, .Water distribution, wastewater collection, and other utility lines and systems, constructed,to service the Propertyand the Project developed thereon. As -built survey shall also be signed and sealed by a. Florida registered surveyor as to the actual locations of all surface features of the Utility Facilities, easements and rights -of --way ,which are part of or adjacent to the Property, and shall include all constructed paving and. drainage facilities relating to said facilities for CITY'S supply of utility services to APPLICANT. 16. Turnover of Utility Faalitles — Prior to aWS acceptance of APPLICANT'S Utility Facilities and the provision of utility services to the constructed Project improvements, APPLICANT shall fully execute and provide all necessary drawings; reports, affidavits, release of liens, certifications, bills of sale, and any other documents identified in PSLUSDS.checldists for Utility Final Inspection and Utility Acceptance Turnover, as revised or Page 6 of 12 041816/5112 amended from time to time. APPLICANT shall transfer to CITY by Bill of Sale, all of APPLICANT'S right, title and interest in and to all of the water and/or wastewater supply lines, mains, pumps; connections, pipes, meters, valves and equipment installed up to and within granted easements and rights -of -way within the Property and off -site lands (if applicable) that were constructed and installed for the purpose of supplying ub'fityservices-for APPLICANT'S Project. The APPLICANT shall also furnish to CITY an affidavit asserting that all persons, firms, corporations or -other entities who furnished labor, equipment and/or materials used- directly or indirectly in the execution of the work to be performed under this Agreement and for the Project have been paid. However, in the event of a dispute between APPLICANT and any contractor, subcontractor, or ,other person or entity -who furnished such labor or materials, APPLICANT shall provide CITY with a bond in the amount that is in dispute and in a form acceptable to CITY. 17. Warranty — APPLICANT shall assign to CITY all warranties pertaining to the subject Utility Facilities and improvements upon the final acceptance and/or certification by PSL'USD and transfer of ownership to CITY of all such applicable facilities for the supply of utility services to the Property. APPLICANT further agrees that for a period of one year after said acceptance and transfer, the APPLICANT will correct, upon receipt of written notice, any deficiencies in the design, materials .or installation of the Utility Facilities and other subject improvements. Such repair work undertaken pursuant to this paragraph of the•Agreiement`shall be 'at the Applicant's sole cost and expense, and in accordance with the standards and specifications of-PSLUSD. In the event CITY, for whatever reason, should have to perform repairs to correct deficiencies, APPLICANT agrees to reimburse the CITY for such work within 30 -days of receipt of a request for payment from the CITY: is. Payment of Fees and Charges — The APPLICANT agrees to submit td CITY full payment of -any and all fees and charges due and owing to the CITY upon APPLICANT'S execution of this Agreement' The total amount due to CITY is detailed in the .Utility Invoice, that has been separately provided to APPLICANT, and which APPLICANT acknowledges the receipt thereof. CITY shall riot execute this'Agreement'until it receives APPLICANT'S full payment and the processing of the payment is complete. 19. Default — If APPLICANT shall be in default of any provision of this Agreement;; in addition to any remedy otherwise specifically provided for herein, APPLICANT agrees and acknowledges that CITY shall' have the right to exercise one or more of the following sanctions or penalties: a. Any remaining reserved but unconnected water and/or wastewater plant capacity; and'atl fees paid, may be rescinded and forfeited. b. No inspections or certification shall be approved by CITY. c. No Building Permit shall be issued by C11 Y for any unit or structure developed on the Property: d. There shall be an interest penalty equal to the maximum rate allowed under Florida law on any outstanding balance due to CITY from APPLICANT. When. applicable, this penalty, unless otherwise Page 7 of 12 04181615112 provided for in this Agreement or in the CITY'S Code of Ordinances, as amended from time to'time, shall accrue from the date the payment is due, as stated in the invoice, notice, or bill. e. The CITY shall be entitled to place a statutory lien againstthe Properly and foreclose the lien in satisfaction of any payments due and owing to CTY under this Agreement. f. The CITY shall be entitled to any other remedy at law, and CITYS failure to seek any remedy shall not constitute a waiver of said remedy. 20. Disclaimer — Any interruption or temporary cessation in CTTYrS supply of utility services to the Property that is caused by any Act of God, fire, hurricane, windstorm, strike, accident, power failure, necessary maintenance work, breakdown, collapse, damage to equipment or service lines or mains, civil or military orders, riots, or other cause or casualty beyond the control of the CITY shall not constitute a breach of this Agreement, nor impose liability upon the CITY for any consequences or ramifications experienced by the APPLICANT, its successors or assigns, or the Project Occupants. 21. Interceptors — If the current or future use of the Property requires the installation, upsizing, relocation, repair, or replacement of new or existing grease, oil and/or sand interceptors, then said interceptors shall be sized adequately, based on the requirements and regulations of PSLUSDr to serve -the' Project and subject Property, and any establishments located thereon. The design and installation of any required interceptor shall be at no cost or expense to the CITY. In addition, the APPLICANT understands and acknowledges that the construction, installation or relocation of additional interceptors may require the demolition'ofthe wails And -floor slabs to re -plumb the bays for the interceptors and for obtaining separate water utility services; The costs, space constraints, or gradient imposed upon APPLICANT shall not be sufficient cause for CITYS waiver of -requirements concerning the interceptors for the anticipated Project 22. Control of Cross Connection and Backflow — The parties agree that the public water supply and systems shall be protected against actual or potential cross connections and backflow by isolating contamination or pollution that has occurred or may occur within the Property and establishments ordevelopment'constructed thereon. No water service connection shall be installed or accepted by the d—rY unless.the water utility systems are protected by a baddiow prevention assembly of a model and size approved by PSLUSD. The service of water to APPLICANTS Property shall be denied or discontinued by CITY if a bacldiow prevention assembly is not properly installed, tested, and maintained in a properly functioning condition that meets- the satisfaction of PSLUSD. 23. Lift -Station Generators — Pursuant to Section 63.17 of the CITY'S Code of Ordinances, if APPLICANTS Project plans propose the construction of a wastewater pumping station (or lift'statiorr), then APPLICANTS construction plans. shall include the provision of an emergency electrical power -supply. The APPLICANT shall satisfy this requirement by a portable generator, the cost of which shall be -borne by APPLICANT, and the cost for the appropriate generator shall be paid to CITY upon APPLICANTS execution of Page 8 of 12 041816/5112 this Agreement. The portable generator acquired for APPLICANT'S lift station shall be the CITY'S personal property and incorporated into its generator inventory, which shall be utilized at the discretion of PSLUSD. 24. Service Outside City Limits — APPLICANT desires to procure water and/or wastewater services to its Property which lies outside the limits of the City of Port St. Lucie. APPLICANT acknmledges that the provision of the water/wastewater service to the Property is contingent upon the ability of the City to supply the demand requested. As consideration for the application to receive water and/or wastewater service to the Property as set forth herein, the Applicant hereby elects to be voluntarily annexed into the City upon determination by the City to do so. The Applicant understands and agrees that this document shall be considered a written approval for annexation of the Property in the event that an area, including the Property, is proposed for annexation. The Applicant further agrees that the foregoing shall run with the land and be binding. upon its.heirs, successors or assigns, and that this document may be recorded in the Public. Records. of St. Lucie Courrty,.Horida, for.the . purpose of serving as notice of the terms of this Agreement upon its heirs, successors or assigns. 25. Water Meter — The APPLICANT will install a private meter to monitor the building water usage. All water usage records shall be made available to PSLUSD upon request 26. Title - Upon APPLICANT'S execution of this Agreement and at its sole cost and expense, a'copy'of the recorded conveyance documents for the purpose of establishing APPLICANT'S ownership of the Property shall be provided to CITY. In addition, if the APPLICANT shall be required'tn convey any utility easements to the CITY, then the CITY shall require the subordination of any mortgage or lien held by any mortgagee or lienholder having an interest in the Property. APPLICANT shall be responsible at its sole cost and expense for of taming -the execution of a Consent and Joinder of Mortgagee/Lienholder, in a form approved by CITY, by any such mortgagees or lienholders, or submitting to CITY one of the following documents: (i) an Affidavit of No Lien, (ii) a Release and/or Satisfaction of Mortgage or Lien, or (ill) a letter from an-attomey 4aith a: uaiid4Fi6rida Zu license to practice laws confirming that that there is no mortgage=or•lieh onrthe Property APPLICANT -must provide CITY' with said Affidavit, Release and/or Seitisfaction, or attorney letter upon APPLICANT'S execution of this Agreement, as the CITY shall not execute this Agreement without receiving said- title -related.. documents from APPLICANT. 27. Assignment of Agreement — This Agreement shall run with the Property and, be hindirig_ upon APPLICANT'S heirs, legal representatives, members, assigns, and successors in interest. The assignment or, transfer of APPLICANT'S rights and obligations hereunder is prohibited unless all of the following ads are performed: Page 9 of 12 041816/5312 a. APPLICANT'S assignment is in writing and entered into with the same formality as tt"reement; and b. The CITY shall be a party to said assignment, and CITY'S approval of which shall not be unreasonably withheld; and c. APPLICANT shall remain liable to the CITY for APPLICANTS responsibilities and obligations under this Agreement unless such an assignment is made in strict compliance with this paragraph; and d. Provided that this Agreement is properly assigned, the CITY will execute.a ."Satisfaction of Assignment," and the costs for the recording of which in the Official Public Records of the perk of the Court of St. Lucie County, Florida shall be paid by APPLICANT to CITY, in advance of CIIY'S execution of the Satisfaction of Assignment. 28. Repeal -of Prior Agreements — Any and all, prior agreements pertaining to -the supply..of:.utility services to the Property are hereby cancelled and declared of no force and effect upon thembjectreal property or the parties that are subject to this Agreement. 29. Rules and Regulations of Utility Services — The CITY shall have the right to promulgate and adopt rules and regulations, from time to time, relating to the supply of utility services to the CITY'S customers and users, including the APPLICANT and the Project Occupant(s) who shall become customers and users under this Agreement. Such rules and regulations may relate to, but are not limited to, rates, deposit;; cohnecdon charges; capital charges and other fees, and the right to discontinue or terminate services under certain -circumstances. APPLICANT hereby acknowledges and agrees that the rates and regulations are subject to change and APPLICANT shall be responsible for full payment of any fees and charges assessed pursuant to the promulgated rates and regulations governing at the time. 30. Invalid Provisions — In the event any term or ,provision .of this ,Agreement is held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions will not ie:;affected thereby, but will be valid and remain in full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. 31. Goveming Law —This Agreement is governed by and will be construed in accordance with the laws of the State of Florida, and in the event of any litigation concerning the terms of this Agreement proper venue thereof will be in St. Lucie County, Florida. Page 10 of 12 041816/5112 32. Recording —This Agreement or notice thereof shall be recorded by CITY in the Official Public'Records of the Clerk of the Court of St. Lucie County, Florida, and may be recorded by CITY in the minutes of the Clerk of the City Council for Port St. Lucie, St. Lucie County, Florida. All preparation, review and recording fees for this Agreement shall be the responsibility of the APPLICANT. 33. Effective Date — This Agreement is not binding and of no force and effect until fully executed by both the CITY and APPLICANT. 34. Entire Agreement — This Agreement contains the entire agreement between the parties hereto as it pertains to the subject matter contained herein and shall supersede and take precedence over, any and all prior and contemporaneous agreements and understandings between the parties hereto, unless otherwise stated. No additions, alterations, or variation of the terms of this Agreement shall be valid. IN WITNESS WHEREOF, the CITY and APPLICANT have caused this Utility Service Agreement to be executed on behalf of the respective entities, their successors and assigns, and shall run -with the Property on the day and year written, which shall be the date the last party signs this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 11 of 12 041816/5112 witnesses::ffwo iMMjMd) Print itrument was admowledgedbefore me this S day. of Q I/I:ll A -Tr __ MA.n�en M�aii �nB for Palm Park Center LLG M perwrrally known: to. me or ( ) proven by producing, the following on AGREEMTO BY CrTY:thb .day of- JI&4 29-1(o-e UblilV Fite #5112 Exhibit A Legal Description Project Name: Coastal Floors and Granite Parcel I.D. # 3414-501-1903-200-7 A TRACT OF LAND LOCATED IN ST. LUCIE GARDENS SUBDIVISION,, SECTION- 26, TOWNSHIP 36.SOUTH, RANGE 40 EAST, BLOCK 3, AND THAT PART OF LOTS. IAND 4, WHICH ARE -DESCRIBED AS FOLLOWS:. BEGINNING -AT THE POINT OF INTERSECTION OF THE -EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 1 AND THE WESTERLY LINE OF SAID LOT 3, T.HENCE, RUN NORTH 00001'49" EAST, ALONG THE WEST LINE'OF'SAID LOT 3, FOR A DISTANCE OF 238.43 FEET TO THE NORTH LINE OF. THE. SOUTH .HALF ,OF. LOT 3; THENCE SOUTH 89042'11" EAST, ALONG THE SAID NORTH LINE OF THE SOUTH HALF OF.SAID COT 3, FOR A. DISTANCE OF 271.03 FEET; THENCE NORTH 27031'40" WEST, FOR A D16TANCE OF 205.85 FEET TO A POINT; THENCE SOUTH 62028'20"`WEST; FOR A DISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH THE SAID EASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY No. 1; THENCE SOUTH 27°3S'40"'EAST_,'ALON&=SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 290.72 FEET TO THE. POINT OF BEGINNING. PaneIof1 1 Port St. Lucie Utility Systems Department Utility Services Summary 900 SE Ogden lane Port St. Lucie, FL 349113 Moya.�rMa- Phone: (772) 873-M Fax: (772) 571-7615 Project Name: Coastal Roots and Granite Utility File No.: 5112 Plaza Name: N/A Owner's Contact Person: Nick Elliott Property Owner. Patin Park Center llc Contact Phone No.: 772-871.79W Mailing Address: 5559 South US Highway 1 Contact E-Mall Address: nickaccastaldevelmnemcorp.com Port St Luce, Florida 32952 PoMbte Water ERCWL!ne Charges Reserved: 0.0 Action(s) Requested: Addirm Sewer Capacity Wastewater ERC'sitne Charges Reserved: 1.0 ME= — � --_i♦ This project project is a new building, no water meter[» bill and use fixed rate for sewer billing. Customer Service does not need to collect any fees. For all meter size changes, the Property Owner shall be res MIWe for siring, installation and certification of all new baddlow prevention assemblies. Further, a signed, original baddiow certification shall be provided to PSLUSD for any row installation of a baddlow prevention assembly. The undersigned declares, under penalty of pejury, Lotsihe is the owner, or a duly authorized officer, agent or representative of the owner, of the property identified above, and that the irdpmtetion provided herein is accurate and true to the best of his/her bnowledge. It is understood that it is the responsbTly of the property owner requesting the above-0esa0hed arlion(s) to verify that the requested mar size and/or ERC allmt[on change(s) writ provide suffident flow, pressure and capacity to comply with any code requirements and meet the needs of the occupants of the property. It's also understood that should subsequent changes to meter stze and ERC a0oaUon be desired and ram, then additional charges and fees for the review and processing of said future request(s) shall be paid prior to their impleme[htaum. By signing below, the undersigned authorizes, confirms and agrees to the Projecfs ERC allocation and ide rdfed locations of the meters, including size and opacity assigned to each meter as shown on the above table. Further, the undersigned agrees to pay any and an fees due to the Cily, as shcv m the a�,died invoice, and said fees must be paid prior to Implementation of new service and/or allocation, and before any refund a jmay apP�(1 . tl� apZ% l�gjed q[�mgf with Miles Customer Servio011ing Depamnem �,,,yl tj(,tjti[ni Nf.(PrL I- Number IPoin amorery3heet-wd-Imdre Page 1 of 1 F51USI) Doc Na tap r Y(uIbABAprf "rt St. Lucie Uti ty Systems Department Invoice .. 900 5E Ogdan Lane Port St. Lu7e, FL 34983 Phone: (772) M-6400 Fax: (772)871.76LS Invoice No: 511ZM42626 Protect Nana: Coastal Floors and Granite Pam Name: WA property Owmer: Palm park Center LLC MaUM9 Address: 8569 South US Hamway 1 Port St. Lutle. Flmxka 32952 AM*s) Requested: Addmp Sewer C0036M Item Description No. 1 Wastawmer Pont Capacity Reserved: 2 Wastewater Line Charge: 3 8 Months of Wastawater Guaan2eed Revenue: 4 Ran Review and Inspe¢krrs (base Fee) 5 Plan Revew and Inspectlors (per ERG) Pn tit* Pail: 6 Agreement Remrfing Fear: 7 PSUsD Wastewater Construction Permit Fee: 8 Sewer DepMe- SIB x 314"Meter Sim ]mrace Dam: 4r4fiMI6 - lMBtyFile Ne.:5112 Owneh Contact Person: NICk El= Contact Prone No.: 772-871-7900 Contact EMail Addres: nitl me+dvwnemmromrrr Potable Water ERC's Reserved: 0.0 Wastesseter EXs Reserved: LO . . Unit Price Quantity Deforer Amount $2,131A0 LO ERCs $2,131.00 $197A0 1.0 ERCS $197.00 $14.26 1.0 ERGS $14.26 $743.00 1 Base Fee $743.00 $69.00 1.0 ERCS $69A0 $12 fits page, $8.50 thereafo:r 14 Paget $12250 $450.00 1 Each $MOO $125.D0 I Each $125AD Toil Due Upon Receipt $3,851.76 WWTF: x westogrt 25% Surdtaige Cut of City Limns e YES Received x 5y: No Glades ltirtq Irdomiatfen: Name: Palen Park Center UC Addrest: 8569 South US Nmhwav I Port St. Luce FbPda 32M Ptwne: 772-871.70M �?iLM PMRK CENTER LLC ullst earn Business sank Check No. I r 2400 SE Monterey Road 106 Smart FL 34996 DamJ'�J��IG . Pay to the Order of Demo ki�e 4� 5t 1 z rc��p8�� n■OOii06u1 1:067014712►: 0&S00S0S749, Record of Payment Check: 1106 Payee- "4 F� PALM PARK Receipt * 08788 Project Name: Account # City of Port St. Lucie Utility Engineering Department _ A Service Address: gs3g Sl1S IA WM I File # I 1 a Billing Name: YI>1r % Vc�(lC C,Y\7hzl Billing Address: $Cjzct �� Wy I %i � �� I Legal Description: 4�!06, l-& lg-id cx44` aLtz,.-K. , 4S[1m -z pgrr1-,A Application Fee: E3 Agreement Fee: Other Fee: SAD/USA: Received by: /7n &_fin _ Date: !SS 16 Amount: JSLsC'(d <—� 1 II r EXHIBIT B PROPERTY MAP PROJECT NAME: COASTAL FLOOR AND GRANITE Project Location SECTION 26, TOWNSHIP, 36S, RANGE40E BLOCK 3 o W = 1 5"' CPGPP�� a LOT ❑ W 1.263ACRES ZQ Q 0) co 1 1 SANDPINE CIRCLE G V y 4 Y — TRACT o-2 .may 1 9 i TRACTAA t v I 2 i O 1. 14 1 U 0 s SlkVANNA CLUB ROAD 4 2 1 1 I METER ADDRESS: 8532 South US Highway 1 St. Lucie County, Florida 34952