HomeMy WebLinkAboutUTILITY SERVICE AGREEMENT,JOSEPH E. SMITH, CLERK ',THE CIRCUIT COURT - SAINT L" 7,E COUNTY
FILE # 4329210 OR BOON, 1.18 PAGE 1918, Recorded 07/, „'2017 09:42:11 AM
Prepared By return to:
Port St Lucie Uglily Systems Dept
900 SE Ogden Lane, Port St Lucie, FL 34933
This Instrument was prepared under the direction of:
The Office of the City Attorney for the City of Port St. Lucie
Project Name:
Property Owner &
Principal Address:
Contact Name:
Attachments:
Wawa Prima Vista
SCANNED
BY
St. Lucie County
UTILITY SERVICE AGREEMENT
SW Prima Vista Floresta, LLC.
370E W. Swann Avenue, Suite 200
Tampa, Florida 33609
Bradford G. Douglas
Exhibit A — Legal Description
Exhibit B - Property Map
Service Address: 260 SE Prima Vista Blvd
Port St. Lucie, FL 34983
Billing Address: Wawa Florida, LLC — Store #5220
P.O. Box 1028
Mandan, ND SB554
Contact Phone No.: 813-874-1700
THIS UTILITY SERVICE AGREEMENT ("Agreementl is made by and between the CITY OF PORT
ST, LUCIE, a Florida municipal corporation ("CITY'), and BW Prima Vista Floresta, LLC., a Florida
Limited Liability Company ("APPLICANT').
RECITALS
WHEREAS, the CITY owns, operates and maintains public water and wastewater utility systems through
the City Councils establishment and creation of the Part St. Lucie Utility Systems Department ("PSLUSD'); and
WHEREAS, the APPLICANT is the record fee simple owner of certain lands (the `Property's 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 incorporated herein as Exhibits "A" and "B," respectively; and
WHEREAS, the APPLICANT is planning to develop the Property as a convenience store and gas station,
which is identified as Wawa Prima Vista (Project'); and
WHEREAS, the APPLICANT owned property has 10.0 ERCs and Line Charges of water plant capacity
and 10.0 ERCs and Line Charges of wastewater plant capacity previously reserved for the previous 10 residential
homes on this property, 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 CITY'S supply of utility services to APPLICANT for the Project.
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WITNESSETH
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 CITYS utility services by connecting to CITY'S existing
water distribution and/or wastewater collection lines, which the APPLICANT, its Engineer of Record ("EOR'l, and
CITY have determined are required to serve the Project. The APPLICANT, at APPLICANT'S sole 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 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 with Applicable Laws, Codes, Regulations and Policies —The APPLICANT shall abide
by and be in compliance with any and all rules and requirements of the regulatory agencies that have 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 shall govern the legal relationship between the APPLICANT and CITY with
respect to each party's obligations, including but not limited to CITY'S supply, distribution and delivery of utility
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
PSLUSD.
4. Water and/or Wastewater Treatment Plant Capacity - The term 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 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
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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 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 Line Charges for 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 APPLICANT's execution of this Agreement, shall be as follows:
ERCs
CAPITAL CHARGES
RATE
0.0
Water Treatment Plant Capacity
$1
1360.00
1 per ERC
0.0
Water Line Charge
$1
700.00
1 per ERC
0.0
Wastewater Treatment Plant Capacity
$1
2080.00
1 per ERC
0.0
Wastewater Line Charge
$1
350.00
1 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 Line Charges if applicable, is as follows:
ERCs AND LINE CHARGES
Water
Wastewater
Other
ERCs and Line Charges Previously Reserved
10.0
10.0
0.0
ERCs and Line Charges Modification Under this Agreement
0.0
0.0
0.0
TOTAL ERCs AND LINE CHARGES RESERVED
10.0
10.0
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. Lucie Utility Systems Department pursuant
to the Department's procedures and processes, and APPLICANT agrees to be bound thereto by the Departments
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 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 APPLICANT'S
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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 30 days
of receiving written 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 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 APPLICANT'S 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 APPLICANT'S 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 APPLICANT'S 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. Construction Plans —The APPLICANT or its FOR shall furnish to CITY a complete set of design and
construction drawings, plans, specifications, and other necessary engineering data (hereinafter "Construction
Plans') of the proposed Utility Facilities for the Project for review and approval by PSLUSD. The approval by
PSLUSD of APPLICANT'S 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 (ii) an 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 APPLICANT'S
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 Cohstrucfion Plans regarding such work `
are approved in writing by PSLUSD.
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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 domestic water service:
The discharge side of the backflow assembly.
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 APPLICANTS 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, 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'1, shall be kept in 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 CITY'S water and/or
wastewater facilities. If APPLICANT'S Project requires any water and/or wastewater meter(s) that are larger
than 2 inches, then such large -sized meters shall be fumished 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, 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 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 assigns, 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 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 lienholdei's interest in the easement
and Utility Facilities located within the granted easements. If required by CITY, the APPLCIANT shall also grant,
or cause to be granted, in a form acceptable to CITY, utility easements that shall be a minimum of 10 feet wide
for the length of the Property along all rights -of -way not owned by the CITY. APPLICANT shall pay any and all
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costs and expenses associated with the granting of said easements to the CITY for CMS supply of utility
services to APPLICANT's Property. Further, APPLICANT shall grant or permit CITY, its authorized employees,
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 CITY'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
17][& SYSTEMS DEPARTMENT
900 S.E. Ogden Lane
Port St. Lucie, FL 34983
Attn: Jesus A. Merejo, Utility Systems Director
With a copy to:
OFFICE OF THE CITY ATTORNEY
CITY OF PORT ST. LUCIE
121 S.W. Port St. Lucie Boulevard
Port St. Lucie, FL 34984
Attn: Utilities Attorney
FOR THE APPLICANT:
BW PRIMA VISTA FLORESTA, LLC
3708 W. Swann Avenue, Suite 200
Tampa, Florida 33609
Attn: Austin Simmons
With a copy to:
TIMOTHY A. SIMMONS
3708 W. Swann Ave., Suite 200
Tampa, FL 33609
15. As-Built/Record Survey — The APPLICANT, at its sale cost and expense, shall have prepared, 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 APPLICANT'S FOR
and require the written approval of PSLUSD prior to the CITY'S acceptance of APPLICANT'S transfer and
conveyance of Its Utility Facilities pursuant to the terms of this Agreement. The as -built survey shall show all
pertinent information as to all mains, services and appurtenances belonging to, and affecting the 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 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 Facilities — Prior to CrWS acceptance of APPLICANT'S Utility Facilities and the
provision of utility services to the constructed Project Improvements, APPLICANT shall fully execute and provide
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all necessary drawings, reports, affidavits, release of liens, certifications, bills of sale, and any other documents
Identified in PSLUSD'S checklists for Utility Final Inspection and Utility Acceptance Turnover, as revised or
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, 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 utility services 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 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 Agreement 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 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 not 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 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.
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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
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 CITY under this Agreement.
f. The CITY shall be entitled to any other remedy at law, and CrI Y'S failure to seek any remedy
shall not constitute a. waiver of said remedy.
20. Disclaimer — Any Interruption or temporary cessation in CFMS 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 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 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 CITY'S 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 or development constructed
thereon. No water service connection shall be installed or accepted by the CITY unless the water utility systems
are protected by a backflow 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 backflow 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
APPLICANT'S Project plans propose the construction of a wastewater pumping station (or lift station), then
APPLICANT'S construction plans shall include the provision of an emergency electrical power supply. The
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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 APPLICANT'S execution of
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. 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 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 and expense for obtaining 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, (if)
a Release and/or Satisfaction of Mortgage or Lien, or (iii) a letter from an attorney, with a valid Florida Bar
license to practice law, confirming that that there is no mortgage or lien on the Property. APPLICANT must
provide CITY with said Affidavit, Release and/or Satisfaction, 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.
25. 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 acts are
performed:
a. APPLICANT'S assignment is in writing and entered into with the same formality as this Agreement;
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 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 execute 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.
26. 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.
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27. 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, 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.
28. 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 be 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.
29. 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.
30. 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.
31. Effective Date — This Agreement is not binding and of no force and effect until fully executed by
both the CITY and APPLICANT.
32. 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.
33. Authority to Sign — Each Individual signing this Agreement directly and expressly warrants that
he/she has been given and received and accepted authority to sign and execute the documents on behalf of the
Party for whom it is indicated he/she has signed, and further has been expressly given and received and accepted
authorityto enter into a binding agreement on behalf of such Party with respect to the matters concerned herein
and stated herein.
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IN WITNESS WHEREOF, the CITY and APPLICANT have caused this Utility Service Agreement to be
executed on behalf of themselves and/or their respective entities, their successors and assigns, and shall run
with the Property an the day and year first above written, which shall be the date the last party signs this
Agreement.
AGREED TO BY
day of 2,)X)-P 20-1�L:
Print Name:/ yAustin Simmons
Title: VP of Briohtwork Real Estate, Inc.. Manager of
BW PRIMA VISTA FLORESTA, LLC
Witnesses: (Two Required)
Print Name: '-'rdlev 014�
Signature:
STATE OF FLORIDA
Print
Print Name:
Signature: e:
) ss
COUNTY OF HILLSBOROUGH)
The foregoing instrument was acknowledged before me this day of June 2017,
by T. Austin Simmons; as VP of Brighwork Real Estate, Inc. , as the Manager of BW Prima Vista Flonasta, LLC
for BW Prima Vista Floresta, LLC. By Brightwork Real Estate, Inc., T. Austin Simmons
, (00 personally known to me or ( ) proven by producing the following
identification
fN'
ASHLEY P RUTHERFORD
MY COMMISSION fit 13131080791
EXPIRES March 08, 2021
[SIGNATURES CONTINUE ON NEXT PAGE]
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t-
AGREED /is a l day of TV& 2011: .t /
By: Print Name: Btan
Title: r. /fJJsd ldn f u9.%F . �trecfdr
STATE OF FLORIDA )
)SS
COUNTY OF ST. LUCIE )
The foregoing instrument was acknowledged before me this a1 day of \Tuju 20
by a�itcot as Sk. Aw)shld 94 AihkDy-, for Port St. Lucie Utility Systems
Department of the City of Port St. Lude, who is personally known to me.
t
No slgnahue
��-t72'{� ((2O12tD5O1'�
Print Name of Notary i
E
JEANETTE THOMPSON
Notary Public - Slate of Florida
Commission d OO 037064
d,, My Comm. Expires Oct 14. 7020
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Page 12 of 12 061517/5209
OR BOOK 4018 PAGE 1-'7
EXHIBIT A
Legal Description
Project Name: Wawa Prima Vista
ParcelID# 3419-540-0055-000-4
LOTS 1, 2, 3, 4, 5, 46, 47, 49, 49 AND 50, BLOCK 45, RIVER PARK- UNIT FIVE, ACCORDING TO THE PLAT
OR MAP THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
CONTAINING 98,967 SQUARE FEET OR 2.272 ACRES, MORE OR LESS.
,OR BOOK 4018 PAGE 17-
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LOICATION MAP
PROJECT NAME: WAWA PRIMA VISTA & FLORESTA
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