HomeMy WebLinkAboutCONNECTION FEE WORKSHEETr 06/,01/2018 00:39
TT, MVM'
954�7"3391
CORP PROP SF,P-'?CES
Alunoo aionj 'IDrtSL were utifitr Systems Depertirient
Ike connection Kee worksheet
43NNVOS MSEagaF VM
PortSLUCIP FL3490
Mom: (7f2) 34"M
nw: (M) 071.7615
PAGE 02/19
RECEIVED
JUN 0 6 2010
Permitting Department
St. Lucie County
Purled NamC: anger D
01BM Me NO.: 11:&I-E
pla Mnut-- WA..
0vm�a CpetaSt Peron: leoman
PMOW /7nntr: P®I Ndd LLC
cexxaet Ptm MM! 954-
41
MaIWO AddrM: 117 Wow Gkn W
cmWCE-MaS Addem: lore.
rna
?RVMn.4bbame 363M
.� RftFe WaP+ERCs / une clmrM Rexr od; 15.7
Anon(n) Rm. CMMiy
Waslevaler ERC4 /ling Conks Re anal: 1S.7
tNo,
unitprke
Quabby
Ddkw
Amount
I
.. prcvlps WAerRlent C0Pe.'ty Reap.+:d
$0.00
x t5.7
ERCa
0100
2
Wppex QM l[ den:
SM.00
x lA
Fadt
SS0.00
3
Baddkm Pm crypn A4se"InsWlWon Pp:- r mete:
Sa3mo
x 1.0
Each
SB30.00
4
**PmousWa*."V TPgPt'.bpaay PF W4;
$0.00
x 15.7
ERG
$a.00
S
Water MA lrJnMtia, Fee -2'o4mpu.A mete:
$7,450A0
x 1.0
Eadl
52,450.00
6
Kl R� anm bspa*ng (am Fee)
3743.OP
x S.D ac .. rm
3743.00
7
Plpn Re*" and lmyetlimc(W FAQ
$69.00
x 117
FRCS
31100330
0
Pftefte4t Remtdiml tee6: s12 Omt Pepe, S0.500ereaftw
x Mo
Papa
1131,00
9
AMnodfo t Foe;
S763.00
x 1.0
exb
S r w
la
NMO- -MmudaOWAmetOlrc Fm;
9W.00
x 1.0
Ead�
40M.00
11
Watlx OepoSY. -r Meta Sr
3425A0
x 1.0
Each
$425.09
12
ck4n ftu A• r Mew San.
51,175.D0
x 1-0
Each
f1,175.p1
Total
$7f10330
'&M Wmd Renetem Oaid I"" OCaemba3l, 7me.
"55 ERCO of 00lPp Am*paid pah UFKy Aq,epnaA eatmeed II -WA* ary t0.2 ERCsd was mpxRyaty1�L7FRGufepst w
mR1dW Prewl * PW VM+ Cbmnallal Sere Agnpftwx*PermR to Cornet! tecx*d Pn 7-0 ", OR Book 1233, Page Z
01,W Paid:
73%Swchamb Out
Name: I Esbrx prQxrpg
Adder: 117,Hidft C4M
0mhan A1aArrw_i43W
f4iwv: 454.. 41
06/01/201B 00:39 9547-9391 CORP PROP SP"'"CES PAGE 03/19
PAID
Invoice
d.., Port St Lucie Utility Systems Department Date: 03/1912018
900 SE Ogden Lane Invoice No.: 10320
Port St Lucie, FL 34983 Due Date: 04/18/2018
0y '�'pp, ^ Project No.: 11-601.00
Burger King - US#1
Seven Rea? Estate Holdings, LL
0
117 Hidden Glen Way
Dothan, Alabama 36306
Quantity
Description
Unit Price
Total
1
Lump Sum Amount (See worksheet attached)
$7,463.30
$7,463,30
Total $7,463.30
Paid $7,463,30
06/01/2018 00:39 954917019391 CORP PROP SFPIITCES PAGE 04/19
SEVEN REAL ESTATE HOLD11�r LLC 1 In a G
eava coMRass tTiNK 1095
JACKSONVILL E. FLORIDA
SEVEN REAL ESTATE HOLDINGS LLC 03-139=0
It 7 HIDDEN GLEN WAY
DOYHAN, AL 36303 DATE AMOUNT
3/2312018 $7,463.30. $
PAY
Seven Thousand Four Hundred Sbq Three Dollars And 30 Cents
TO THE 8
ORDER Port St Lucie Utility Syatema Department
of 900 SE Ogden Lane
Port St. Lucie FL 34953 ARM SCkAMM
11400109SIll 1:0630139240 G?50868736m6
06/01/2018 00:39 954FZR3391 CORP PROP SFFIITCES PAGE 05/19
JOSEPH E. SMITH, CLERI: ,? THE CIRCUIT COURT — SAINT —__IB COUNTY
FILE 0 4420988 OR BOOK 4117 PAGE 432, Recorded 04/06/2018 03:53t30 PM
Repined Or and return to:
Port% Lucie Utility Sy-ftTa oeM
M SE Ogden tans, Port St Lode, FL 34M
11
Projed name: Burger long
Service Address: 6598 S us Hwy 1
Port SL Lude, Fbdd a349S2
PrOPM Omer & Seven heal Estate Holdings, LLC
Principal Address: 117 Hidden Glen Way
Billing Address Seven Real Estate Hordings, LLC
Dothan, Alabama 36306
117 Hidden Glen way
Dothan, Alabama 363%
Contact Name: Leo Leon
Contad Phone No.: 954-909-8141
Attxhments:
WibitA—Legal Desatptlen
Exhibit B — property Map
_
T1HLS UUUrrY SERVICE AGREEMENT ("Agreement') is made by and between the CITY OF PORT
Sy- LUCIE, a Florida Nunldpal Corporation ("CTIY'), and SEVEN REAL ESTATE MOLDINGS, LiA a
Delaware Limited Liabi ft Company ("APPUCANr1.
W4*Frrc�
WHEREAS, the CITY owns, opemts and maintains public water and wastewater utility systems through
the City Councills establishment and creation of the Port St. Lucie Utility Systems Department ("PSLUSDI; and
WHEREAS, the APPLICANT Is the record fee simple owner of certain lands (the "Property's looted
within CITY'S utility service area in St. Lude County, Florida, the legal description of which together with a
Property Map are attached hereto and incorporated herein as Exhibits "A" and "B,'r respectively; and
WHEREAS, the APPLICANTS Property has been developed for use as a Restaurant in the past and Is
now being re -developed for another Restaurant, which Is identified as Burger I(ing CProjectj, and
WHEREAS, the APPLICANT and/or its predecessors) in Interest have previously entered into utility
service agreements for the procurement of water, wastewater and/or Irrigation services from the 117Y for the
Project that continues to be developed on the Property; and
WHEREAS, APPLICANT and/or APPUCANT'S predeCessor In interest purchased and reserved water and
wastewater plant capacity for the development of the Project on the Property and the surrounding lands by
virtue of the following agreements, contracts, invoices and documents:
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'OR BOOK 4117 PAGE a"
1. General Development Utilities, Inc Agreement executed on November 26, 1986, and
2. City of Port St. Lucie Utility Systems Department Commercial Service Agreement / Permit to Connect,
executed on June 25,1999, recorded on July 06, 1999 at Book 1233, Page 2307 in the official records of St.
Lucie County; and
WHEREAS, the APPLICANT desires to upgrade the meter size, and
WHEREAS, the parties desire to enter into this Agreement, which Agreement amends and restates any
and all known, unknown, recorded, and unrecorded prior agreements, contracts, arrangements and
understandings, including all of those listed herelnabove, and shall control all future obligations and enforcement
with regard thereto, by and between the APPLICANT, APPLICANT'S predecessors) in interest, and the CITY
regarding gn-YS supply of utility services to APPLICANT for APPLICANT'S Property and Project.
WrMESSETH
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.
3. Project — The APPLICANT shag accept and use CITY'S utility services by connecting to CIMS existing
water distribution and/or wastewater collection lines, which the APPLICANT, its Engineer of Record CEOR'), 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 fines and systems
("Utility Fdcillties') 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 ApplicabbLaws,Codes, Regulations and Policim— The APPLICANTshailabide
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 APPLICANT'S Project, under the terms and conditions of this Agreement: In addition,
the worts 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 krydrants, gravity flow mains, force mains, pump stations, lift stations, interceptors, and otter utility facilities,
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OR BOOK 4117 PAGE
shall be performed in accordance with the policies, technical spedficatons and construction standards of
PSWSD.
4. Water and/or WaMwaW7realmentPfantCapacity_7betermEquivalentResidentialConnection
MCI, 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 Row of one ERC shall be 250 gallons per day of potable
water usage and up to 250 gallons per day of usage for wastewater service. The CCTY shall reserve for
APPLICANT ERCs of water plant gpadty/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 pay to the CITY
the applicable water and/or wastewater capital charges, which consist of plant Capacity charges, and water
and/or wastewater Iine charges, at the rates In effect when due and as amended from time to time.
5. Prevlously Reserved and/or Allocated EM for the Property -- The amount of ERCs reserved
and/or allocated to service a particular property or establishment runs with the land. When tide to real property
that is located within the CIITY'S utility service area I6 transferred, sold, or otherwise Conveyed, the quantity of
ERCS that are reserved, allocated and/or connected for that particular property are also transferred. Accordingly,
the parties agree that the total amount of previously reserved ERCs for the Property for water plant
capacity/service and for wastewater plant capacity/service is shown below.
6. Mod MICENNOnS to Reserved ERCs and/or Line Charges — Under this Agreement the APPLICANT
desires to modify the quantity of the reserved ERCs and/or Line Charges. Therefore, total amount of ERCs and/or
Line Charges reserved and/or allocated for the Property, including any previously reserved, if applicable, Is as
follows:
ERC
Line Charge
14,1 41LI-uu per ERC
D.0 Wastewater Lire Charge $ 355.00 1 per ERC
Therefore, the total amount of ERC; and/or Line charges reserved and /or allocated for the Property, Induding
any previously reserved ERCs and/or Line Charges If applicable, Is as follows:
- ERCs
RRCs Previously Reserved
Water
15.7
Wastewater
15.7
ERCs Modification Under this Agreement
0.0
Q.0
TOTAL ERCs RESERVED
15.7
15.7
Page 3 of13 1160100/030918
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OR BOOK 4117 PAGE
""X U"RK92M Water Wastewater
Line Charges Previously Paid 0.0 0.0
Una Charges Modification Under this Agreement 0.0 l].0 �..�.....-..- ----- -
The parties agree that any subsequent future requests for modifications to the quantity of reserved ERGS and/or
Line Charges shall be handled administratively by the MY of Part St. Lucie Utility systems Department pursuant
to the Departrnent's procedures and processes, and APPLICANT agrees to be bound thereto by the Department's
final decision.
7. Adelftfol Usage --The CITY has the right to review and monitor APPLICANT, actual usage of the
water and/or wastewater services. APPLICANT agrees the C1Ty may perform such an audit of APPLICANT'S
actual flows, as compared to the flows expected to be generated by the amount of ERGS reserved and allocated
by APPLICANT for its Projert If APPLICANT'S actual usage exceeds the expected flows based on AppLICANT'S
reserved ERCs under this Agreement then APPLICANT shall be required to (i) promptly pay the applicable,
additional water and/or wastewater plant rapacity charges, line charges, and administrative fees within 30 days
or receiving written notice from CITY of such adi
to reserve the additional amount of water and/i
cover the excess usage. Further, if the actual, fL
a redesign or replacement of any water and/or
not limited to a wastewater pumping station, thr
shall be responsible for any and all costs and exF
Facilities.
S. Guaranteed Revenue — Annual guarar
of Ordinances, shall be assessed and paid by API
rates In effete when due, as amended from tin
APPLICANT shall pay to CITY any guaranteed rep
in the current calendar year that this Agreement
APPLICANT shall promptly pay, within 30 days n
revenue fees. However, the CITY shall issue a a
any ERCS are connected during a calendar year
Further, If any payment of guaranteed revenue fi
CTfY shall send a Notice of Delinquency to AP
Agreement should APPLICANT%ll to submitto CI
days of APPLICANT'S receipt of the Notice of De
wastewater plant capacity, and associated fees na
Tonal usage, and M execute an amendment to this Agreement
wastewater ERCs, that CITY will determine to be sufflcient to
re water and/or wastewater flows increase enough to warrant
astewater Utility Facilities serving the Property, including but
APPLICANT or APPLICANT'S successors in interest or assigns,
rases associated with the design and replacement of said Utility
ed revenue fees, pursuant to Section 61.1S of C1Ty's Code
[CANT to CITY for all reserved and unconnected ERCs at the
to time. Upon APPLICANTS execution of this Agreement
rue fees due, based upon the number of months remaining
executed by the parties. For each calendar year thereafter,
APPLICANT'S receipt of an annual invoice, the guaranteed
lit for those ERCs on the invoice for the subsequent year if
r which APPLICANT has paid the guaranteed revenue fees.
required by this Agreement is more than 30 days late, the
ICANT. APPLICANT shall be considered in default of this
'the required full payment of guaranteed revenue within 30
iquency, and any and all remaining reserved water and/or
shall be forfeited by APPLICANT.
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.OR BOOK 4117 PAGE 4,
. T
9. Construction Plans — The APPLICANT or Its LOR shall furnish to CRY a complete set of design and
construction drawings, plans, specifications, arx other net>essary engineering data (hereinafter ^Construction
Plans") of the proposed thility Facilities for the
PSLUSD of APPLICANrs Construction Plans sl
APPLICANT has commenced construction of the
activity where there has been no documented in
of the associated bugding permit(s), whichever
submittal of the Construction Plans and furt
resubmission of said documents for approval. T
utility service to the Property for the Project shall
are approved In writing by PSLUSD.
10. points of Service - The points of servio
the appropriate Construction Plans, and shall be
eject for review and approval by PSLUSD. The approval by
be valid for one year from the date of such approval, If
eject but there has been either (i) a cessation of construction
ctions by CITY for a period of 12 months or (ii) an expiration
:curs first, then CITY reserves the right to requite the re-
payment of applicable review fees upon APPLICANT'S
work to be performed by APPLICANT for the furnishing of
until all Construction Plans regarding such work
to the Property for the Project shall be shown and labeled on
s follows:
assembly.
ice-
The first cleanout upstream of the existing wasEewat er pumping sWen.
For p= MR ghkm Rizim.,
The pull -box at the base of the power pole South of the pump station.
U. Maintenance of utility Padlities onZy
Propeft — The APPLICANT shall own, operate, and
maintain, at no cost or expense to the C1TY, all iFacilities on the APPLICANT'S side of the designated point
of service, or that of the future user's, where API
Is connected to the CITYS water and/or wash
connections, and other neomwry equipment on
turned aver to CITY S ownership, which are occ
other users of CITY'S ublity, services for the Proi
working order and condition at no cost, liability, a
12, Meters and ERC Mocation -Y The APPI
and backflow preventer changes and deposits thal
— CITY'S water and/or wastewater fbcilt'tles. If A
meters) that are larger than 2 inches, then such
and installed at the sole cost and expense of APPL
allocation of APPLICANT'S reserved ERCs shall be I
and processes, and APPLICANT agrees to be bout
SCANi'S Property and the development constructed therew
rater facilities. All pipes, service lines, cleanouts, fixtures,
ie developed premises and not specifically accepted by and
pied by the APPLICANT, tenants, Customers, consumers or
rty (hereinafter "Project Oceupantn, shall be kept in good
responsibility to CITY for their maintenance or operation.
CANT agrees to pay In full, when due, the applicable meter
;hag be assessed at the time the APPLICANT connects to the
MCANT'S Project requires any water and/or wastewater
rgailzed meters and bxMtow preventers shall be furnished
ANT. The size, allocation, and assignments of meters and/or
indied adrninistratively by PSLUSD pursuant to its procedures
thereto by PSWSD'S final decision. Further, no meter shall
ge 5 or13 1160100/030918
06/01/2618 00:39 954F; w77391 CORP PROP SE77CES PAGE 10/19
OR BOOK 4117 PAGE 4�1
be removed, relocated, bypassed, or altered in airy way or manner whatsoever by anyone except the CITY or
CITY•S authorized employee, agerK, consultant Old. contractor.
13. Easements and Acem to die PremlM s - prior to Cn Y'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 satisraciory 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 orepand 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 Genholder a release of the rnortgageiYs or lienholder's interest in the easement
and Utility Facilities located within the granted easements. If required by CITY, the APPLCCANT 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
costs and expenses associated with the graWng 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,
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 CITYS 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 sh811 be directed to the following persons and places designated
by the parties:
FOR THE CITY:
FOR THE APPLICANT:
PORT 5T. LUCIE IfTILIiY SYSTEMS DEPARTMENT
SEVEN RFJ1L ESTATE HOLDINCIS, LLC
900 S.E. Ogden Lane
117 Hidden Glen Way
Port St. Lucie, FL 34983
Attn: Jesus A. Merejo, Utility Systems Dkmtr
Dothan, Alabama 36306
Attention: Leo Leon
With tAX
OFFICE OF THE CITY ATTORNEY
mah a cocv to:
CITY OF PORT ST. LUCIE
C T CORPORATION SYSTEM
121 S.W. Port St Lucie Boulevard
1200 South Pine Island Road
Port St. Lucie, FL 34984
Plantation, Florida 33324
Attn-. Utilities Attorney
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OR BOOK 4117 PAGE i� �
15. As-Built/R MIrd Survey — The APPLICANT, at its sole cost and expense, shall have prepared, by a
Florida registered Surveyor and Mapper, and furnish to the CITY an as -built survey in a=rdance with the
standards and specifications of PSLUSD. The as -built survey shall be cettified and sealed by APPLICANT'S FOR
and require the written approval of PSLUSD prior to the CITrS acceptance of APPLICANT'S transfer and
conveyanoe 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 surfaoe 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 rre' lating b0
said facilities for C1TYS supply of utility services to APPLICANT.
1& Turnover of Utility Mcilttles — Prior to CLTY'S acceptance of APPLICANTS Utility Fadlities 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 PSUUSDS checidists 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 fights-cf-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 CM 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 oorrect, 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 defidencles, APPLICANT agrees to
reimburse the CITY for such work within 30 days of receipt of a request for payment from the CITY.
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OR BOOK 4117 PAGE +'
18. Payment of Fees and Charges —The APPLICANT agrees m submit to CrrY Rip 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 APPLICANTshall 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 CrTY.
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
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 salted in the invoice, notice, or bill.
e. The CTTIY 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 C]TY'S failure to seek any remedy
shall not constitute a waiver of sold remedy.
20. Disclaimer — Any Interruption or temporary cessation in CITY'S supply of utility services to the Property
that is caused by any Act of God, fire, hurricane, windstorm, strike, acclOeM power failure, necessary
maintenance work, breakdown, collapse, damage to equipment or service lines or maims, 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 Omupants.
21, IMeroePtors — 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 regulatfons 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
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OR HOOK 4117 PAGE
constraints, or gradient imposed upon APPLICANT shall not be sufficient cause ror CLTYS waiver of requirements
concerning the interceptors for the anticipated Project
22. Control of Crass Connection and ftck[bw — 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 alV size approved by PSLUSD. The service of water
to APPLICANTS Property shall be denied or discontinued by CITY if a baddtow prevention assembly is not
properly installed, tested, and maintained in a properly functioning condition that meets the satisfaction of
PSLUSD.
23. 4rft SbMDn Gener4Qrs — 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 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 APPLICANTS 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. Pump Station Power ResponsibMW - The Applicant shall be reesponsibie for the application and
installation, and all additional costs associated therewith, to provide electrical power to the pump station, At
this time, the power is In the Ciity's name and the City shall be responsible for power and the oasts associated
therewith.
25. 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 pay a surcharge in the amount of twenty-five
percent (25%) of the rate paid by customers inside the City limits for the same or similar water and/or
wastewater service, as authorized by Section 180.191, Ronda Statutes.
The Applicant further agrees that the foregoing shall non 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 term of this Agreement upon Its heirs, successors or assigns.
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 APPLIIm 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,
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then the CM shall require the subordination of any mortgage or lien held by any mortgagee or lienholder having
an interest in the Properly. APPLICANT shall be responsible at its sole cost and expense for obtaining the
execution of a Consent and Joinder of Mortgagee/Uenholder, in a form approved by CTTy, by any such
mortgagees or lienholders, or submitting to CITY one of the folowing documents: (i) an Affidavit No Lien, (Ii)
a Release and/or Sausfamon of Mortgage or Lien, or (iii) a letter from an attorney, with a valid Rorida 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,
27• Assi91111mant of Agreement — This Agreement shall run with the Property and be binding upon
APPLICANTS heirs, legal representatives, members, assigns, and sucoesors in interest. The assignment or
transfer of APPLICANT'S rights and obligations hereunder to another parcel of land is prohibited unless all of the
following acts are performed:
a. APPLICANTS 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 CITYS approval of which shall not be
unreasonably withheld; and
c- APPLICANT shall remain liable to the (ITY 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 Crf{icial Public Records of the Clerk of the
Court of St. Lucie County, Florida shall be paid by APPLICANT to CITY, In advance of a 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 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 CIrys customers and
users, including the APPLICANT and the Project Occupants) who shall become customers and users under this
AgreemeriL 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
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APPLICANT shall be responsible fior 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 temps 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 maybe 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 LOW —This Agreement is governed by and will be construed in accordance with the laws of
the State of Mrida, and in the event of any litigation concerning the terms of this Agreement Proper venue
thereof will be in St. Lucie County, Florida.
U 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, Rorida, and may be recorded by CITY in the minutes of the Clerk
of the City Council for Port St. Lucie, St Lucie County, Rorida. All preparation, review and recording flees for this
Agreement shall be the responsibility of the APPLICANT.
33. Effective gate — This Agreement is not binding and of no force and effect until fully executed by both
the CM and APPLICANT
34, Filth+@ 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.
n 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 father has been expressly given and received and accepted
authority to 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 Seance Agreement to be
executed on behalf of themselves and/or their respective entities, their successors and assigns, and shall run
with the Property on the day and year the last party signs this Agreement,
AGREED To oy AP 22 day of March
Signature:.
Print Name: Leo Leon
Title: Managing Owner
WMWSSes: (Two Repaired)
Print Name:_ t- %u�r
Signature:_
STATE OF �r9!a
ss
COUNTY OF Dekaj lb
ZO18 r
Signature:
Print Name:
Title:
Print Name:_ Myna 64G%�q�t4pi' ar,
Signature: to*�{-.-�_
The foregoing Instrument was acknowledged before me this 22 day of March. 20 18
by Leo Leon as Managing Owner
for Seven Real Estate Noldinas LLC (x) personally known to me or
( ) proven by producing the following identification
Robin Joseph
Milt MR* of Nemy
[SIGNATURES CONTINUE ON NEKT PAGCI
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ux 9VrJK 4117 PAGE { R+_
aG a d"of
�i"Punt e:c1—
rMe-
STATE OF FLOPMA )
)SS
COUNTY OF ST. LUCIE )
The foregoing.Instrament was admowledgod before me this 3 day of RAc,,�, 20 A'
by
_ _ as lir 11s'e � for Port St Lucie Utility Systems
Department of the City Of port St. Luce, wha is personally known to me.
1EAKETTE woupsex PrMt NBft a a �• .
Ilntmy PeeOc . SIZIR of Elorid7
COMISSIN • 08 037061
• MY COMM. E*M 0a 14.2020
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Exhibit A
Legal Description
Project Name: Burger King
ParcelI.D, # 3415-502-0011.000-4, 3415-502-0014-000-5 and 3415-507--0015-000-2
LOTS it, iZ, 13, 14 AND 15, WHITE CITY GARDENS, AN UNRECORDED PLAT IN
SECTION IS, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN IN DEED RECORDED
IN DEED BOOK 187, PAGES 408 THROUGH 410, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, BEING A SUBDIVISION OF LOTS 9 AND 10, BLOCK 1, MODEL LAND
COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF Si. LUCIE COUNTY, FLORIDA.
LESS AND EXCEPT ADDITIONAL RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 1831, PAGE 305, AND OFFICIAL RECORDS BOOK 2569, PAGE 2121, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
Page 1 of 1
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Utility File #11-G01-00