HomeMy WebLinkAboutUTILITYSCANNED
BY
St. Lucie County
Prepared by end Return to
St: _Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
JOSEPH E. SMITH, CLERK OF.THE CIRCUIT COURT
SAINT LUCIE COUNTY
FlLEO 453135202115201a08',35:59AM
OR BOOK 4233 PAGE 146-158 Ooo Type:AGR
'RECORDING: $112.00 "
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JAN & 2020
Permitting Departi-rent
SL. Lucie Counta�, FL
c.19
STANDARD POTABLE WATER, WASTEWATER AND RECLAIMED WATER
DEVELOPMENT AGREEMENT (SDA)
TEN 'AGREEMENT made and entered into this day of February, 2019, by and between
St. Lucie County Water and Wastewater Utility District, whose address is 23,00 Virginia Ave., Armex,
Fort Pierce, Florida 34982, hereinafter referred to as "Utility", and Waterstone Builders; LLC, a Florida
limited liability company, whose address is 1400 East Oakland Park Blvd.,'Suite 103, Fort Lauderdale,
FI, 33334, hereinafter referred as "Property Owner".
WITNESSETH
WHEREAS, Property Owner owns property located in St. Lucie County, Florida, and as more
fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter referred to as
"Property", :whereupon Property Owner has or is about to develop the Property by erecting thereon
residential an'dlor non-residential improvements and desires to sechrethe provision of water, wastewater
and/or reclaimed water utility service to the Property; and
WHEREAS, Property Owner acknowledges that'execution of this Agreement by Utility does not
confer nor grant any land use, zoning or site plan approvals for the Property, nor does it assure or
guarantee Property Owner that Property Owner has or will be able to obtain land Use, zoning or site plan
approvals for or be able to construct on the Property the number of ERCs for which Property Owner has
voluntarily "elected to reserve utility capacity Under this Agreement.
NOW THE, for and in consideration of these premises, the mutual undertakiggs and
agreements herein contained and assumed, Property Owner land Utility -hereby covenant and agree as
follows:
The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terns
as used in this Agreement and apply unless the context indicates a different meaning:
(a) "USP" the Utility Service Policy for water, wastewater and reclaimed water
service by the Utility, as may be amended from time to time, which is
incorporated herein by reference;
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(b) "UEP" the Utility. Extension Policy for water, wastewater and reclaimed water
service by Utility,'as may be amended frorn time to time, which is incorporated
herein by reference.
(c) "UPAP" — the Utility Extension_ Policy, Utility Service Policy, the,Utility Rate
Tariff, and other policies and procedures adopted by the St. Lucie County
(Utility), "as may be i ineaded froin time to time, which is incorporated herein by
reference.
(d), "Service" - the readiness and ability op the part of Utility to'furnishpotable water
and reclaimed water to and to, collecfwastewater from the Property;
(e) "Point of Service" -. generally, the point where the pipes or meters of Utility are
connected with p pes of the property Owner as fiuther defined in the UPAP;
(f) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit
which corresponds to the peak demand of the, single-family residential dategory
of Customer usage. This system capacity equivalency unit is utilized to establish
the system demand for various sized connections for the purpose of assessing
fees;
(g) "Equivalent Residential Irrigation Connection (ERIC)" - a system capacity
'equivalency unit which corresponds to the peak demand for reclaimed water
irrigation use by a single-family residential user. This system capacity
equivalency unit .is utilized to establish the system demand for various sized
connections for the purpose of assessing fees
(h) "Service Initiation" - the date a potable water meter is set or a wastewater
connection is made for a customer;
(i) "Guaranteed Revenue Fee" or "Guaranteed Revenues" - the mandatory fee paid
by All customers designed to recover the carrying costs of system capacity which
has b"een or is being constructed in anticipation of future service requests.
Carrying costs include a portion of the fixed operating and renewal -and
replacement expenses necessary to maintain exoess system capacity for future
use.
(j) "Total ,Accrued Amount (TAA)" - A TAA represents accrued Guaranteed
Revenue Fees payable at the time of execution of this Agreement for all ERC's
reserved.
(k) "Standard Development Renewal Agreement (SDRA)" —:an agreement between
Utility and the Property Owner extending the capacity reservation for unused
ERCs,in a Standard Development Agreement for an additional five (5) years.
(1) ".Utility Fapiities" - water, wastewater and reclaimed water facilities, including,
but not limited to, mains, pipes, lines, pump stations, lift stations, Hydrants,
laterals, meters, valves, "storage tanks, ineter fioxes; telemetry equipment, wells,
02262997.v I
signs, and SCADA systems, whether above ground, below ground or at grade
level.
3. Property Owner .hereby acknowledges that pursuant to Chapter 153, Part 11, Florida
Statutes, Utility has exclusive right and privilege to construct, own, maintain, operate, replace, add to and
expand the Utility's Utility Facilities in, under,,upon; over and across the present and future streets, roads,
easements; reserved utility sites and public places as provided and dedicated to public use in the, record
plats,.or as provided for in,agreement, dedications or grants made otherwise and ;independent of said
record plats. Utility covenants that it will attempt to ascertain and utilize, easement locations;'however,
should Utility install any of fits Utility Facilities outside a dedicated easement area, Property Owner
covenants and agrees that Utility will not be required to move or relocate any facilities lying outside a
dedicated ea-sement area as long as the facilities do not unreasonably'inteAie with the then or proposed
use of the area in which the facilities have been installed. Property Owner hereby further acknowledges
that the foregoing grants include the necessary rights of ingress and egress to any part of the"Property
which Utility requests for the maintenance, operation; repair, replacement, addition to or expansion of the
Utility Facilities; that in the event Utility is required or desires to install any of its Utility Facilitiesin
lands "within the Properly lying outside the streets and easement areas described above, then Property
Owner or the successor owner(s), as applicable, shall grant to Utility, without cost or expense to Utility;
the necessary easement or easements for such installation; provided, all such installations by Utility shall
be made in such a manner as not to unreasonably interfere with the then primary use of such Property.
Property Owner or the successor owner(s), as: applicable, shall obtain written approval from Utility prior
to installing: any structure or object, including, but not limited to, fences, gates, signs, trees, foundations,
patios or poles, within an easement area. In consideration of Utility's consent to an encroachment,
Property Owner or die successor owner(s), as applicable, shall agree to indemnify and hold Utility
harmless from and against all liabilities, damages, penalties, claims costs and expenses, including
attorney's fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any
way connected to an encroachment approved by Utility or the'renioval or destruction of such
encroachment as required by Utility. In the event Utility determines that it is necessary to construct,
maintain, repair, remove or replace any of its facilities located under, over or upon an easement, Property
Owner or the successor owner(s) of the portion of the Property affected shall immediately remove the
encroachment;from the easement upon the request of Utility at Property Owner's or the successor(s), as,
applicable, sole cost and expense. if Property Owner or the successor(s), as applicable, fails to remove
the encroachment, Utility shall have the right to remove the encroachment from the easement. Property
Owner or the successor(s), as applicable, shall pay all costs related to removing the encroachment from
the easement incurred by Utility.
Property Owner, as further consideration to Utility for this Agreement, and in order to effectuate
the foregoing grants to Utility, hereby places the following covenant, as a covenant running with the land,
upon the, Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of
Utility, as follows:
Pursuant to Chapter 153, Part 11, Florida Statutes, Utility, or its successors, has the sole
and exclusive right to provide all potable water, wastewater and reclaimed water services
to the Property described in Exhibit W. All occupants of any residence or non-
residential improvement erected or located on the Property and all subsequent or future
owners or purchasers of the Property, or any portion thereof, shall exclusively receive
their potable water and wastewater service from the aforesaid Utility and shall pay for the
same and shall abide by the terms and intent of this Agreement, and the UPAP, for as
02262997.v I
.long as the aforesaid Utility provides such services to the Property. Further, all occupants
of any residence or non-residential improvement erected or located on the Property and
all subsequent or future owners or purchasers of the Property, or any portion thereof,
agree, by occupying any premises on the Property or, by 'recording any deed of
conveyance with respec to the Property, that they will not construct or otherwise make
po available or usetable water; wastewater and reclaimed water service from any source
other than that provided by Utility. Further, all occupants of any residence or non-
residential improvement erected or located on the Property and all'subsequeat or future
owners or purchasers of the Property, or any portion thereof, agree that Utility may
require them to purchase and use a volume of reclaimed water equal to eighty percent
(80%) of the volume of wastewater discharged from the Property on an equivalent
average basis as determined by the Utility.
Any water well or water source used solely to supplement irrigation water supply for the Property
is excluded from this restriction except to the extent the Property is required to utilize reclaimed water
from Utility equal to eighty percent (SOOK) of the volume of wastewater discharged from the Property.
Further, in order to give an additional and supplementary notice to all the future Properly Owners
of any of the Property of the rights of Utility to provide the Property with potable water, wastewater and
reclaimed water facilities and services, the Property Owner hereby covenants and agrees to have the
above restrictive covenant or its equivalent included in the general subdivision restrictions and any plats
of the -Property and to place the same of record in the Public Records of St. Lucie County, Florida.
4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to
bop erlon d by the Property Owner, and subject to completion of the Utility Facilities necessary to serve
the Property, Utility covenants and agrees that it will allow the connection of the Utility Facilities
installed by Property Owner to the Utility Facilities of Utility in accordance with the terms and intent of
this Agreement and the UPAP. Such connection shall be in accordance with rules, and regulations,of the
State, the UPAP, and other governmental agencies having jurisdiction over the utility operations of
Utility. Property Owner shall connect the Property to the Utility reclaimed water distribution system in
accordance with the reclaimed water requirements set forth in the UPAP.
5. Property Owner is required to pay the TAA in order to support Utility's investment in
utility facilities, as well as the fixed costs of maintaining such facilities and the unused capacity for the
benefit of Property Owner as provided in the UPAP. The initial and continuing payment of TAAs is an
essential component of the consideration to Utility for providing utility service to the Property. Property
Owner agrees and acknowledges that the TAA is not an impact fee.
6. The Term of this Agre6rnent is five (5) years. Upon receipt of payment of the
Connection Fees and the TAA due upon execution of this Agreement, Utility agrees to initiate the
provisiim of water and wastewater utility service for 138 ERCs for Property Owner during the Term of
the Agreement. Property. Owner may extend the Tenn of this Agreement for additional five (5) year
terns, by execution of a Tenn Extension Agreement to be recorded against the Property, payment of a
TAA meeting the then current requirements • of the UPAP, curing any then existing defaults by Property
Owner under the then existing Agreement, and payment of any additional fees requited under UPAP.
This Agreement shall terminate automatically at the end of a Term,'if not extended in accordance with the
UPAP, and Property Owner.agrees that Utility may record a termination of this Agreement in the event
Property Owner has not renewed the Agreement. The termination shall extinguish all duties and
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obligations of Utility to property Owner under this Agreement, including but not limited to the
reservation of capacity or obligation to provide utility service to any ERCs not connected to the Utility
facilities at the time of termination, but shall not affect utility service to any customers who have
connected to the Utility, facilities acid established a customer agreement with Utility as of the date of
termination of this Agreement,. whose utility service shall be governed by the USP. The duties,
obligations and acknowledgements,of Property Owner as set forth in Paragraphs 3, 5, 7, 8, 9, 10, 13, 14
and 16 of this Agreement shall survive termination of this Agreement.
7. Property Owner will construct up to the Point of Service to Utility, at no cost to Utility, the
on -site potable water distribution,,on-site wastewater collection, and on -site reclaimed water distribution
systems 'up to Property Owners reclaimed water storage facilities (not including on -site water reclaimed
water distribution facilities on the consumes side of the discharge to,the reclaimed water storage facilities)
referred to herein and such off -site Utility Facilities a .determined necessary by Utility to be constrtieted
by Property Owner to connect Property Owner's on -site Utility Facilities to Utility's Utility Facilities (all
such on -site and off -site facilities referred to 'in this paragraph collectively as "Property Owner
Facilities'). Upon compliance of said Property Owner Utility Facilities with the requirements of this
Agreement and the UPAP for turnover of facilities, Utility agrees to accept ownership of the Property
Owner Facilities for operation. Property Owner shall cause to be prepared engineering plans and
specifications prepared by and sealed by a professional engineer registered in the State of Florida,
showing the Property Owner Facilities. Utility will advise Property Owner's engineer of any facilityand
sizing requirements as mandated by the UPAP. Such detailed plans may be limited to a phase of the
Property, and subsequent phases may be furnished from time to time. However, each such phase shall
conform to amaster plan for the development of the Property and such master plan shall be submitted to
Utility concurrent with or prior to submission of plans for the first phase. All such plans and
specifications,_including hard copy and electronic media, submitted to Utility's engineer shall be subject
to the approval of Utility and shall conform to Utility's standards as set forth in the UPAP, and no
construction shall commence until,Utility has approved such plans and specifications in writing. After
approval, Property Owner shall cause to be constructed, at Property Owner's expense, the Property
Owner Facilities as shown on the plans_ and specifications. Fees, as set forth in the UPAP, shall be levied
by Utility to cover the cost of plan review and inspection. No connections of ERCs will be allowed until
Property Owner has complied with the requirements of this Section.
The Property Owner shall also be required to pay the fees on hxhibit B to this Agreement.
During the construction of the Property Utility Facilities, Utility may from time to time inspect
such installations to determine compliance with the plans and specifications, adequacy of the quality of
the installation, and further, shall be entitled to direct the Property Owner, at the Property Owner's
expense, to perform standard tests for pressure, infiltration, line and grade, ;and all other normal
engineering tests to detcrrnine that the 'system has been installed in accordance with the approved plans
and specifications and the UPAP. Inspection by Utility shall in no way relieve the Property Owner of his
responsibility to install the facilities in accordance with the approved plans and specifications and the
UPAP: Complete as -built plans, including hard copy and electronic media, shall be submitted to Utility
upon completion of construction. Property Owner shall be required to re -install any Property Owner
Facilities which do not meet the requirements of the UPAP or approved plans and specifications.
Property Owner hereby agrees to transfer or cause the transfer to Utility title to all Property
Owner Facilities at no cost to Utility; Such conveyance is to take effect without further action upon the
written acceptance by Utility of the said installation. As further evidence. of said transfer of title, upon the
ne Bui_lderslWatenton_e Phase I
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completion of the installation and prior to the rendering of service by Utility, Property Owner shall
convey or cause to be conveyed to Utility by Bill of Sale in a form provided in the UEP the complete
Property Owner Facilities as approved by Utility, along with documentation of Property Owner's costs of
construction and Property Owner's No Lien Affidavit, in form provided in tfix he UEP. Subsequent to
construction. of the Utility Facilities and prior to receiving a meter(s) from Utility, Property Owner shall
convey to Utility easements and/or •rights -of way covering areas in which Utility Facilities are located
by a recordable document in a form. supplied by Utility. All conveyance of non -platted easements or
rights=of-way shall lie accompanied by a paid title policy for the benefit of Utility in a minimum amount
of
$5.0.00 per linear foot of any granted utility_ easement (based on the centerline of the
easement); and
$50,000.00 fora Utility -owned pump stations; wastewater lift station or other non -line
facilities (if not constructed within an existing utility easement).
Said title policy shall confirm the grantor's rights to convey such easements or rights -of --way, and
further, evidencing Utility's right to the continuous enjoyment of such easements or rights -of -way for
those purposes set forth in this Agreement: Utility's acceptance of the Property Owner Facilities installed
by Property Owner shall be in accordance with the provisions as set forth -in the UPAP, provided
acceptance by Utility shall not relieve Property Owner from its obligations under this Agreement. All
installations by Property Owner or its contractor shall be warranted for one (1) year (or, five (5) years in
tie case of, lift station pumps and motor assemblies) from date of final acceptance by the Utility of the last
component of -the Utility Facilities to be installed. Mortgagees holding liens on such properties shall be
required to release such -liens, subordinate their position, or join in the granting of the easements or -rights -
of -way. All Property Owner Facilities shall be located within an easement if not located within platted or
dedicated rights -of -way.
The timely and continued payment by Property Owner of all fees in accordance with the terms set
forth herein shall be considered essential to the continued performance by Utility of the terns And
conditions of this Agreement. The construction and transfer of ownership of the Utility Facilities does
not and will not result in Utility waiving or offsetting any of its fees, rules or regulations. Property Owner
shall not have any present or future right, title, claim, or interest in and to the Utility Facilities transferred
to or owned by Utility.
8. Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish
Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the
Property. Any mortgagee or lien holder having an interest in the Property shall be required to execute a
Consent and Joinder of Mortgagee/Lienholder in the.form as provided in the UEP. A Property Owner
must submit either a title policy or a letter from an attorney licensed to do business: in Florida confirming
that either there is no mortgage or lien on the property or any mortgage or lien holder has properly
executed a Consent and Joiner of Mortgagee/Lienholder. The title policy or letter must be issued within
thirty (30) days of submittal of the SDA,`or else Utility may terminate this Agreement.
0. Property Owner acknowledges with Utility that all Property Owner Facilities conveyed to
Utility for use in connection with providing potable water, wastewater and reclaimed water service to the
Property, shall at all times remain in the complete and exclusive ownership of Utility, except as otherwise
provided herein, and no entity owning any part of the Property or any residence or building constructed or
located thereon, will have any.right, title, claim or interest in and to such facilities, or any part of them,
for°any purpose.
(00074909.RTF/2)
Waterstone Builders/P/aterstone Phase I
October, 2018
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10. Notwithstanding any provision in this Agreement, pursuant to Chapter 153, Part 11,Florida
Statutes; Utility may establish, revise, modify and enforce rules, regulations an_d, fees covering the
provision of potable water and wastewater service to the Property. All rules, regulations: and fees as set
forth in the UPAP; shall be binding upon Property Owner, upon any other person or entity holding by,
through or under Property Owner, and upon any Customer of the potable water and wastewater service
provided to the Property by Utility. Said rules and regulations include, but are not limited to; Service
initiation, oversizing of facilities, use of previously oversized facilities or extension of facilities.
11. PropertyOwner or ifs assignee shall not have the right to and shall not connect any
Property Owner Facilities or ERCs to the Utility, Facilities of Utility until approval for such connection
has been granted by Utility. The parties hereto further agree that the expense of construction, operation
and maintenance of all improvements beyond,thc Point of Service (Sec. Exhibit "C"'for, Point ofSiervice)
shall be the solo cost and expanse of the. Properly Owner, upon any other'entity holding by, through or
under Property Owner, and upon any Customer of the potable water and wastewater service provided to
the Property.
11 This Agreement runs with the land and is uni4ue to the Property. This Agreement may not
be assigned without the, prior°written consent of Utility, and may only'be assigned to a successor in
interest of Property Owner to the Property: As a consequence of the unique nature of providing for utility
service to the property, no part of this Agreement may be assigned separately from the whole of the
Agreement. Notwithstanding the above, Utility may permit Property Owner to allocate the ERCs to
particular parcels or units on the Property on forms set forth in the UPAP.
13. All notices provided for herein shall be in writing and transmitted by mail or by courier
and, if to Property Ownershall be mailed or delivered to Property Owner at:
Waterston Builders, LLC
1400 East Oakland Park Blvd.
Suite 103
Fort Lauderdale, FL 33334
and if to Utility, shall be mailed to Utility at:
St. Lucie County Water and Wastewater Utility District
Public Utility Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34952
With a copy to:
St. Lucie County Attorney
2306 Virginia Avenue.
Fort Pierce, Florida 34982
14. During the Term of this Agreement, the rights, privileges, obligations and 'covenants of
Property Owner and Utility shall not be terminated by the turnover of any portion of the Property Owner
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Page 7
Facilities to Utility with respect'to.Property Owner completing the remaining portions of the Property
Owner Facilities and provision of utility services to any phased area and to the Property as a whole:
15. Unless Property Owner is requesting additional capacity for the propery described in
Exhibit"A", this Agreement shall supersede, null and.void „ all;previms agreements or representations,
either verbal or written, heretofore in effect between Property Owner and Utility, made with respect to the
matter herein contained, and when duly executed, constitutes the entire agreement between the Property
Owner and Utility. No addition's,'alteratiogs or, variations of terms of this Agreement shall be valid, nor
can provisions of this Agfeement_be waived by either parV,,briless such additions, alterations; variations
or waiver areexpressed in writing and duly signed by'the parties hereto. Properiy Owner acknowledges
that staff and employees of Utility have no authority to bind Utility'oragree to any additions,, alterations
or variations of terns of this Agreement or the UPAP, which can only be, added to, altered or varied by
the St. Lucie County'Cominigsion 'sitting as the Utility governing board. This Agreement shall be
governed by the laws of the State of Florida and shall become effective upon execution by the parties
hereto. The venue foractions arising out of this Agreement shall lie in St. Lucie County; Florida.
16. Special Conditions:
a. Property Owner has estimated that it will require the initiation of utility service
for the Property as of . Utility shall attempt to provide water; wastewater or reclaimed
water capacity for the Property, in accordance with the Property Owner's development time
schedule, subject to Property Owner compliance with Section 16(b) below. Property Owner
acknowledges that due to,environmental permitting, securing of plantand line siting rights, -public
procurement processes, financing requirements, budget constraints, force majeure events and
construction schedules, the timing of provision of capacity to the.Property is an estimate only and
cannot be guaranteed by Utility, Property Owner represents to Utility that Property Owner is not
relying upon the estimate of time set forth above, and that Utility shall not be responsible for any
damages, whether direct, indirect, special or consequential, incurred as a result of, arising out of
or related to Utility's inability to provide capacity to the Property in accordance with Property
Owner's development time schedule.
b. Certain wastewater facilities were installed, on the Property related to a prior
SDA recorded against the Property, as more fully described onExhibit"C" (the "Prior SDA
Facilities"). These Prior SDA Facilities are necessary for utility service to the Property, but were
not inspected nor accepted for ownership and operation by the Otithy at the time of installation.
Property Owner has proposed that ownership of these Prior SDA Facilities be retained by the
Waterston Community Development District ("C139). With respect to these Prior SDA
,Facilities, initiation of utility service.for the Property will be subject to execution of an Interlocal
Agreement, in form set forth on Exhibit "D". With respect to the Property Owner Facilities
described ;on Exhibit "C, the Property Owner will correct any 'identified deficiencies and
requirements, subject to inspection and approval of the Utility, prior_to initiation of utility service
to the Property, and shall provide Utility a two (2) year warrantee on.such corrected facilities, and
shall provide a five ($yyear warrantee for all wastewater pumps which are a part of the Property
Owner Facilities.
c. One Hundred Thirty -Eight (138) ERCs of water and wastewater capacity are
reserved under this Agreement solely for the Property. No additional capacity for the Property or
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for other properties of Property Owner is guaranteed until such time as modification to this
Agreement or execution of a second agreement occurs.
IN WITNESS WHEREOF; Property Owner and Utility have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed in ieveral counterparts, each of -which
counterpart shall be considered an original executed copy of this Agreement.
ST. LUCIE COUNTY WATER AND WASTEWATE ! DIS
;� a' T-,
By: _
Court y _-dminisirato,
b�..t��L( Euw s
Print Name:
STATE OF �ELkORIDA
COUNTY .S-F Lau 2,
PROPERTY OWNER:
WATERSTONE BUILDERS, LLC
a Florida limited liability company
By; wl W
Matthew Markofsky
Manager
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this 1 day of February, 2019, by
Matthew Markofsky, as Manager of Waterstone Builders, LLC, a Florida limited liability company, for
and on behalf of the company, He/she is personally known to me or has produced
M16DJ5'ab'%le41q O as identification.
;;��spr DANWAKWARD
+P'+""' Commbo nR60243716
E*l $Au0usW.2022.
j` e,nq�amaewo��'s�i01
Phase I
October, 2018
WPB 394322229v9
02262997.0
agnature of Notary
Typed, Pr,4Pr StadWfAFgiWARBfNotary Public
CommisOonN60243779
k
Serial Nu `' EiiplreeAu0utt20,2022
orn P a�rlHaeGq{faa rG.
Page 9
JOINDER AND CONSENT OF MORTGAGEE
being the holder of that certain mortgage dated the
_ day of 20_, and recorded the day of 20 , in
Official Record Book at Page , of the Public Records of St. Lucie County,
Florida, hereby consents and'subordinates its' mortgage to the utility easements contemplated in ,the
forgoing Standard Potable Water, Wastewater and Reclaimed Water Development Agreement.
WITNESSES:
STATE OF FLORIDA
COUNTY
MORTGAGE HOLDER:
By:
Title:
Print Name:
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of . 20
by of on behalf of the
He/she is personally known to me or has produced as
identification.
Phase 1
October, 2018
"B 38432222av8
02262997M
Signature of Notary
Typed, Printed, or Stamped Name of Notary Public
Serial Number
Page 10
Exhibit IWI
PROPERTY DESCRIPTION
Lots 1 through. 66, Block 1; Lots 1 through 40, Block 2; and Lots 1 through $9, Block
3, WATERSTONE — PHASE ONE, according to the Plat thereof,, as recorded in Plat
Book 52, at Page 35, of the Public Records'of St. Lucie County, Florida.
AND
Lots. l through 6, .Lot 9, Lots 14 through, 30, and Lots 118 through W, Block 5;
WATERSTONE = PHASE TWO, according to the plat thereof as recorded in Plat
Book-59, at Page 1, of the Public Records of St: Lucie'County Florida.
Phase 1
October, 2018
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02262997.vi
Page t 1
9
Exhibit B
SCHEDULE OF FEES
CONNECTION CHARGES:
138 ERCs x $7,198.00 per ERC
$
993,324.00
INITIAL GUARANTEED REVENUE FEES:
138 ERCs x 1 year x $465.00 per ERC
$
64.170.00
FPUA GUARANTEED REVENUES FEES:
$
TBD
DOCUMENT RECORDING FEE:.(13 PAGES)
$
112.00
($16.00 first page/W59 additional)
PLAN REVIEW FEE:
$
.00
Minimum oft%of Construction Costs with Actual
Additional Cost Payable Prior to Regulatory Sign -off, total
TBD Based on Engineers Certified Construction Cost.
INSPECTION FEES:
$
TBD
Minimum of I%% of Construction Costs with Actual
Additional Cost Payable Prior to Regulatory Sign -off, total
TBD Based on Engineers Certified Construction Cost.
DEVELOPER AGREEMENT FEE:
$
4,897.00
(Minimum of $4,897.00 due Upon Execution of Agreement,
with Actual Cost Payable Prior to Regulatory Sign -off)
WATERSTONECDD AGREEMENT FEE:
$
TBD
WATER METER/BACKFLOW CHARGE
$
21,700.00
(50 -'/2" at $434 each)
WATER AND SEWER SECURITY DEPOSIT
(Paid it time of Meter Sat)
$ .00
TOTAL DUE UPON EXECUTION OF AGREEMENT $ 1.OR4.203
(00074909 _RTF/2)
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02262997.0
Exhibit C
DESCRIPTION OF PROPERTY OWNER FACILITIES
Waterstone's Water and Sanitary'Sewer system has been constructed. The following.is a description of the
existing onsite utility facilities to be turned over to Utility, subject to Section 16(b), Above ("Popery Owner
Facilities"):
Potable Water System
• 11,500 feet Of 8" PVC Water Main;
• 62 Fire Hydrant assembles;
• Water Service connection; and
• Valves, fittings and apparatus:
Sanitary Sewer System
• Lift Station B; and
• 350 feet of 8"PVC Force Main.
The above excludes components of the water and sanity sewer system, which are currently in service, which
includes the backbone 16".PVC and 10" PVC water mains running along Waterstone Boulevard from
Emerson Avenue and extending.eastwards to Seminole Road, along with the existing 16" PVC sanitary
sewer Force Main and Lift Station A.
DESCRIPTION OF PRIOR SDA FACILITIES
The above also excludes the Prior SDA Facilities comprised of components of the sanitary sewer system,
including 22,700 feet of 8" PVC Gravity Sewer Mains, 152 Sewer Manholes and 401 Sewer Service laterals.
Waterstone Bgilders/Waterstone Phase I Page 13
October, 2018
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