HomeMy WebLinkAboutBOCC Joint Meeting Packet 03-30-2009 0~?~ ~~R~ CITY OF FORT PIERCE
~ 101NT MEETING WITH ST. LUCIE COUNTY S
~ I Fort Pierce Communit Center ~
I Y
~ _ ~ 600 N. Indian River Drive ' ' !
Fort Pierce, FL 34950
sUAlRls~~ Monday, March 30, 2009 -1:00 p.m. to 5:00 p.m.
I. Call to Order - Mayor Robert J. Benton, Fort Pierce City Commission; Commissioner Paula A.
Lewis, Chairman, Board of County Commissioners
II. Annexation Issues Pursuant to Chapter 171, Part II, The Interlocal Service Boundary
Agreement Act
a. Presentation of issues identified in County's Initiating Resolution
b. Presentation of issues identified in City's Responding Resolution
c. Discussion to reach consensus on issues ~
III. Discussion regarding annexation of TCERDA properties
IV. Discussion regarding obligations of the developer and County required by the Creekside
Development Agreement
V. Discussion regarding disposition of the County Utility Department i
VI. County development of Harbour Pointe property adjacent to Port of Fort Pierce
VII. County adoption of quantifiable objective mathematical formula to determine "fair share"
contributions
VIII. Paving and drainage of County roads within or adjacent to City limits
a. Sunrise Boulevard and Oleander Boulevard
b. Sheraton Plaza and Paradise Park
IX. Questions and comments
X. Adjournment
ANY PERSON SEEKING TO APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY II
MATTER CONSIDERED AT THIS MEETING IS ADVISED THAT A RECORD OF PROCEEDINGS IS REQUIRED IN
ANY SUCH APPEAL AND THAT SUCH PERSON MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
BOARD OF . : ~
COUNTY
COUNTY ~ ADMINISTRATOR
COMMISSIONERS ~ . ~ . FAYE W. OUTLAW, MPA
March 27, 2009
David Recor, City Manager
City of Fort Pierce
100 N US Hwy 1
PO Box 1480
Fort Pierce, FL., 34954-1480
Re: Resolution No. 09-06
Dear Mr. Recor:
Thank you for forwarding a copy of the City of Ft. Pierce Resolution No. 09-06. As
part of the 171 negotiations, the County is providing responses to the City's Items
(a) through (t) per the attached report. The report does not provide responses to
Items (j) and (k). The Board of County Commissioners will address these two
items with the City in the upcoming joint meeting between the City and County
scheduled to be held this Monday, March 30, 2009 at the Fort Pierce Community
Center. Upon the conclusion of the discussion on Items (j) and (k), the Board is
agreeable to further discuss the responses to the items addressed in the attached
report should the City feel it is necessary to do so.
Sincerely,
_ .
'
Faye W. Outlaw, MPA
County Administrator
c: Board of County Commissioners
Lee Ann Lowery, Assistant County Administrator
Dan McIntyre, County Attorney
Attachment
CHR1S DZADOVSKY. D~strict Tvo_ I• DOUG COWARD, D~str~ct No. 2• PAULA A_ LEWIS. District N~. CHARLES GRANBE, District No CHRLS CR.AFT. District tio_ ~
County Administrator - Faye W. Outlaw, MPA
2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-145G - TDD (772) 462-142&
FAX (772) 462-1648 - emaii: outlawf@stiucieco.org
website: ww~n~.stlucieco.orc
St Lucie County Staff Response to Issues listed in City of Ft.
Pierce Resolution 09-06 - March 30, 2009
Item (a) Disposition by the County of its ufility authority inasmuch as the
Fort Pierce Utility Authorify is able to service the customers of said
County utility in a more cost effective manner.
The County has no plans to dispose of its utility operation. In a recent
meeting, FPUA staff informed County staff that the FPUA cannot operate
the County Utility District in a more cost efficient manner than St. Lucie
County Utility Department.
Item (b) Creation by the Counfy of a clear, mafhemafica/ formulation for
compensation of fair share development contributions, amenab/e to
understanding by persons of reasonable, ordinary intelligence, so
as to conform with requiremenfs of sfate law.
Please see the attached memorandum dated March 23, 2009 from the
County Engineer to the County Administrator.
Item (c) Creafion by the County of a development plan for the 20-acre parcel
at Harbour Poinfe.
The County initiated the RFP process for this site several years ago and
at the time, received no qualified responses. It may be appropriate to
consider initiating the RFP process again.
Item (d) Conveyance by the County in fee simp/e to the Cify of park lands
heretofore discussed including, buf not limited to the fire station on
the beach, fhe boat ramp parking lot and certain other properties.
The SLC Fire District owns the Fire Station located on South Causeway,
therefore, the County cannot convey title. With regard to other park
properties owned by the County and located within the City of Ft. Pierce,
City and County staff have met and are working on a transition plan to
transfer some of the parks over a period of time. The first park identified
by City staff for transfer is Maravilla Park. Dreamland Park is posed for
transition in FY 2010, with others to be considered in the future.
Item (e) Implementation by the Counfy of a charrette regarding the
Lawnwood Regional Recreation Park, with such proceeding to
subsequenfly resu/t in creation by fhe County of a mater plan for ,
Lawnwood Recreafiona/ Park, so as to establish a united, coherenf
plan for that very important community resource.
~ SLC Staff Response to Issues Ft. Pierce Resolution 09-06
March 30, 2009
Page 2
A conceptual Master Plan for Lawnwood was presented to both the
BOCC and the Ft. Pierce City Commission as part of the Parks
Referendum Workshops in 2002. In addition to renovations of the football
stadium, the plan identified the following elements for construction:
• 4 soccer/rugby fields w/grass parking
• Gymnasium w/paved parking (Havert L. Fenn Center)
• Maintenance Building
The renovations and improvements at the football stadium and the three
elements listed above, all of which were included in the original
Lawnwood Master Plan, have been completed. Additionally construction
of the Skate Park at Lawnwood was completed in June 2008.
The elements listed below have not been completed. These proiects
would be eligible for the $1.7M estimated remaining MSTU collections
through 2022 within the City of Ft. Pierce. The County and the City have
begun a discussion on the remaining funds. That discussion needs to
continue and, if the County and City are in agreement, a charrette for the
Lawnwood Stadium can be considered. The remaining elements include:
• 2 softball fields
• Aquatics Center
• 1.5 Mile Multi-purpose trail
• 1 baseball field (rotate and rebuild existing Field 1)
• Site Improvements including:
• Additional roadways and parking
• Filing in of ditch @ Baseball
The Baseball Concession/Restroom, identified in the original conceptual
master plan, has been identified as a local economic stimulus project and
if approved will be constructed in 2009/2010.
Item (t~ Cessation by the County of any further approva/ of gated
communities within the urban service areas, inasmuch as such
communities are ultimately annexed into the City and are not
conducive to the creation of a unified whole with respect to
municipal services and prevent the inhabitants of such communities
from fully associafing and trading with others within the City,
socially and economical/y.
The County's Land Development Code does not address the "gating" of
communities but does address roadway design criteria such that PUDs or
other large developments do not create traffic congestion and requiring
the extension of existing street networks. Further restrictions on "gated"
communities or improved "urban design" standards could be considered.
' SLC Staff Response to Issues Ft. Pierce Resolution 09-06
March 30, 2009
Page 3
Item (g) Imp/ementation and enforcement by the County of its obligations
previous/y agreed to with Creekside and insistence by the Counfy
that Creekside live up to its own obligations for the provision of
utilities west of the Turnpike, wherein those agreemenfs are viewed
as nof being enforced currenfly by either the Counfy or Creekside,
wherein neither is providing for the utility services necessary so as
to support further development in that area.
The County sent a"Notice of Default" to the developer February 27, 2009
regarding the Creekside Standard Potable Water and Wastewater
Developmenf Agreement as they have not met their obligations to timely
construct the off-site utility infrastructure. The County is now working with
the Creekside CDD to reach an agreement to complete the off-site
infrastructure requirements. A new construction time line has not been
received yet.
Item (h) Correction by the County of certain deficiencies with drainage and
paving on County residenfial roads, both with the City limits and
adjacenf to City limits and adjacent to City limits, upon
understanding that once such deficiencies are cured the City may
fhen address County concerns about the City assuming
responsibility for such roads incident to annexafion of adjoining
lands of such roads.
The County is currently addressing these concerns in several
neighborhoods, including Paradise Park, Harmony Heights and Indian
River Estates. The County has leveraged its own capital budget with
several grants to assist in improving the drainage in these neighborhoods.
The County remains interested in working with the City to identify future
drainage improvements to the extent that constrained capital budgets and
access to further grants allow.
Item (i) Initiation by the County of a request for creation of an MSTU for
property north of the Research Park and south of Orange Avenue,
wherein such request may not originate with fhe City but musf be
initiated by the County.
Based on County staff review of the minutes of the City of Fort Pierce
Commission meeting of January 20, 2009, this request was initiated by a
resident who owns land on Orange Avenue near the "Meadowood"
development which is in the unincorporated County but was provided
water and sewer by the FPUA. The County has not been contacted at
this point by the residents to establish an MSTU.
Item (j) Withdrawal by the County of objecfions wifh respect to confinued
annexation by the Cify of properties wifhin the FPUA retail service
area.
SLC Staff Response to Issues Ft. Pierce Resolution 09-06
March 30, 2009
Page 4
Item (k) Support of the County for legislative annexation of various areas of
fhe FPUA retail service area inc/uding the Sheraton P/aza and
Orange B/ossom Estates subdivisions.
Item (I) Cessation by the County of any further approvals for storm water
retention/detention ponds located along public roadways unless
water features, enhanced landscaping, and ofher requiremenfs are
provided for consistency with the City's storm water
retention/detention ordinance.
County and City staff have met to discuss this issue. The County has
agreed to work with the City to address aesthetic concerns about
drainage ponds being located along public roadways. This includes
providing landscaping and screening of these facilities.
Item (m) Cessafion by the Counfy of any further approvals of al/ mefa/
buildings and implement design review standards thaf are
compatible with the City's design review standards.
The County has "Community Design Standards" in the Land Development
Code that does prohibit "corrugated metal buildings" in the CN, CO, CG, I,
RF, & all PUD districts. However, metal buildings are allowed in the other
districts, such as IL, IH, IX and Ag districts - which is primarily where
metal buildings might be used. The County is agreeable to exploring
further restrictions on metal buildings in certain districts.
Item (n) Correction by the County to improve the Site Plan and Concurrency
Review process by sending the City all site development
app/icafions to City Staff for review.
The County's practice had been to send only development plans to the
City that were adjacent to or very near existing City boundaries. That
practice has been changed to now send all plans to the City that are
within the FPUA service territory. A staff planner from the County's
Growth Management Department attends all City Technical Review
Committee meetings and comments on site plans we receive from the
City. Growth Management has also been coordinating concurrency
review with the City - Newberry Fields is a good example.
Item (o) lmplementation of the County to coordinafe and exchange G/S dafa
base information wifh fhe Cify as the City implements its G/S
system.
' SLC Staff Response to Issues Ft. Pierce Resolution 09-06
March 30, 2009
Page 5
The St Lucie County GIS Division met with the City of Ft Pierce and their
consultant, GTG, in August 2008 about their initiative to set up a GIS
Enterprise for Ft Pierce. County staff has provided the City with all of our
County maintained GIS data and have gotten them involved in the
Treasure Coast GIS User Group meetings. The County's GIS Division
has maintained a working relationship with the City over the years.
Item (p) Correction by the County to improve and update traffic counts for all
roads within the County as the current database contains outdafed
and disputed figures. Additionally, the County shall establish a joint
system to monitor and track all approved projects wifhin the County
and City to accurafe/y account for all committed trips on the
surrounding roadway network.
The TPO has in its current Unified Planning Work Program monies to
update the current traffic count system. According to the staff director, the
TPO is currently in the process of selecting a consultant to rework the
system. Growth Management and TPO staffs have had discussions
regarding creation of a County-wide traffic concurrency management
system and intend to implement the system in coordination with the
Cities.
Item (q) Correction by fhe County to improve coordination with the City on
projects that may be a part of the Greenways and Trails master p/an
re/ating to transit and pedestrian connectivity. Additionally, the
County may coordinate efforts with the City to look for additional
trails and connections within fhe City and along beach and
waterfronf properties such as Indian River Drive.
Coordination regarding sidewalks, greenways and trails will be addressed
as the County's Growth Management staff attends the City's Technical
Review Committee meetings. In addition, the County's Environmental
Lands Manager will coordinate with the City on implementation of specific
greenways and trails associated with the County's conceptual master
plan, adopted last year. Finally, the TPO Director has agreed to facilitate
a multi-jurisdictional coordinating committee for bike and pedestrian
paths. The County is providing partial funding toward a staff person to
assist with this effort.
Item (r) Resforation of County roadways located within City limits to include
drainage improvements, construction of sidewalks for pedestrian
connectivity and resurfacing of roadways in poor condition.
The City and the County have worked together to identify issues on a
"road-by-road" basis. As with any of the issues that require funding, the
County faces the same budget constraints facing all local governments.
SLC Staff Response to Issues Ft. Pierce Resolution 09-06
March 30, 2009
Page 6
Item (s) Provide maintenance and necessary improvements to drainage
facilities under County jurisdiction which are located within the City
limits.
The County needs the City to identify specific drainage maintenance
issues or problems that need to be addressed. These issues will be
evaluated by the County`s Public Works Department and a determination
will be made of how to best allocate our maintenance resources to
address each issue. As stated previously, new drainage improvements
are more difficult because of the critical funding shortage for new capital
projects. New facilities differ from maintaining existing ones because of
the expense in planning, design, and construction of the new facilities.
The County is currently leveraging its remaining capital dollars with grant
funding for the previously identified drainage improvement projects.
Item (t) Establish policy with regards to jurisdiction and maintenance
responsibilities of street right-of-ways and drainage right-of-
ways/easements for new/y annexed parcels into fhe City.
In the past, City and County staff worked together to negotiate the
maintenance of rights-of-way in newly annexed areas. Previously, the
City typically would take over the responsibility for maintaining local
streets and the County would retain maintenance of the collectors and
arterials. That process ceased several years ago and County staff would
encourage returning to that or a similar policy.
~ Dl~IISION OF ENGINEEf~ING
MEMORANDUM ~
09-47
TO. Faye W. Outlaw, MPA; County Administrator
FROM: Michael Powley, County Engineer ~Y ~P
DATE: March 23, 2009
SUBJECT: Joint Meeting with the City of Fort Pierce
Fair Share Cornribution Methodology
Please accept this memo as explanation of the Engineering Division's protocol .to address the
requirements of the Land Development Code (LDC) 7.05.07 - Fair Share Contribution for small
traffic generators. Please bear in mind that this procedure has changed over time and will
continue to do so. It is my intention to describe it as it exists today. .
Subdivisions and commercial developments are required to provide paved access ta their
develapments. However, small traffic generators (developments that generate fess than 100
vehicle trips per day} may request that they only provide a contribution to the paving of an
unimproved roadway.
The Fair Share Contribution is calculafed in two parts. First, the overall cost of paving a
roadway to County standards is calculated. This construction is analyzed as if the County were
implementing the work. The subtleties implicit in this requirement are many. County standards
dictate that all metal pipe culvert crossings be upgraded to reinforced concrete pipe and cast-in-
place headwalls; guardrail must be installed along canals that wilf pose a hazard to drivers that
will invariably be traveling at higher speeds; and road rights-of-way must be acquired to meet
the County standard right-of-way widths. Unit prices for these wark items must be based on
those received in our own bidding. As a rule oi thumb, County-stancfard, two-lane roadway '
construction costs about $900,000 to $1,000,000 per mile. The second step in the process is
for the proportionate amount of the total figure to be evaluated by analyzing three
rnethodologies: vehicle trips, driveways, and road frontage. Each of these will be discussed
further.
Vshlcle trips are calculated by using the Institute of Transportation Engineering (ITE) formulas.
ITE trip generation formulas have been de~eloped for a number of residential and comme~cial
development models and are the industry•accepted standards. It is important to note that the
existing zoning of praperties is used to evaluate potential development and not future land use
classification. The ratio of the site's trips divided by the total trips generated by akl properties
along the roadway is multiplied by the construction cast to detsrmine the proportionate amount.
, ~ Likewise, existing zoning is also used to evaluate the total number of driveways a property may
eventually possesS at maximum development. The site's totaf driveways divided by ail
driveways along the roadway is the multiplier in this case.
FinaAy, road frontage is self-expfanatory. It 'rs important to remember however that a property
generally onfy fronts along half of a road. The development total roadway frontage
measurement divided by the total length (of both sides of the roadway} is the multipfier in the
road frontage case.
All three of these methods are evalua2ed. Often times the dotlar values from each calculation
are within a reasonable range. fn those cases, the most appropriate methodology is selected
and the value derivad is identified as the. Fair Share Contribution. Sometimes though, the
evaluation will yield widely varying values. Judgment `must be used in selecting the best
methodology. In cases where the developer's consultant and County staff cannot agree, the
average af all three may be utilized. In the end though, it is the Caunty Engineer's decision on
what figure is presented to the Board.
It is my hope that you will find this information useful. Please advise if you should have any
questions.
cc: Lee Ann Lowery, Assistant County Administrator
Dan West, Public Works Directo~ :
~ Mark Satterlee, Growth Mana$ement` Director ~
~ Craig Hauschild, Assistant County Engineer:
~ Ron Harris, County Surveyor ~
John Frank, Sr. Project Engineer
r
The 2008 Florida Statutes
Title XII Chapter 171 View Entire Chapter
MUNICIPALITIES LOCAL GOVERNMENT BOUNDARIES
PART II
INTERLOCAL SERVICE BOUNDARY AGREEMENTS
171.20 Short title.
171.201 Legislative intent.
171.202 Definitions.
171.203 interlocal service boundary agreement.
171.204 Prerequisites to annexation under this part.
171.205 Consent requirements for annexation of land under this part.
171.206 Effect of interlocal service.boundary area agreement on annexations.
171.207 Transfer of powers.
171.208 Municipal extraterritorial power.
171.209 County incorporated area power.
171.21 Effect of part on interlocal agreement and county charter.
171.211 Interlocal service boundary agreement presumed valid and binding.
171.212 Disputes regarding construction and effect of an interlocal service boundary agreement.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ~ 2000-2006 State of Florida.
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171.20 Short title.--This part may be cited as the "Intertocal Service Boundary Agreement Act."
History.--s. 1, ch. 2006-218.
171.201 Legislative intent.--The Legislature intends to provide an alternative to part I of this '
chapter for local governments regarding the annexation of territory into a municipality and the
subtraction of territory from the unincorporated area of the county. The principal goal of this part
is to encourage local governments to jointly determine how to provide services to residents and i
property in the most efficient and effective manner while balancing the needs and desires of the
community. This part is intended to establish a more flexible process for adjusting municipal
boundaries and to address a wider range of the effects of annexation. This part is intended to
encourage intergovernmental coordination in planning, service delivery, and boundary adjustments
and to reduce intergovernmental conflicts and litigation between local governments. It is the
intent of this part to promote sensible boundaries that reduce the costs of tocal governments,
avoid duplicating local services, and increase political transparency and accountability. This part is
intended to prevent inefficient service delivery and an insufficient tax base to support the delivery
of those services.
History.--s. 1, ch. 2006-218.
171.202 Definitions.--As used in this part, the term:
(1) "Chief administrative officer" means the municipal administrator, municipal manager, county
manager, county administrator, or other officer of the municipality, county, or independent speciat
district who reports directly to the governing body of the local government.
(2) "Enclave" has the same meaning as provided in s. 171.031.
(3) "Independent special district" means an independent special district, as defined in s. 189.403,
which provides fire, emergency medical, water, wastewater, or stormwater services.
(4) "Initiating county" means a county that commences the process for negotiating an interlocal ~
service boundary agreement through the adoption of an initiating resolution.
(5) "Initiating locat government" means a county, municipality, or independent special district that
commences the process for negotiating an interlocal service boundary agreement through the
adoption of an initiating resolution.
(6) "Initiating municipality" means a municipality that commences the process for negotiating an ~
interlocal service boundary agreement through the adoption of an initiating resolution. '
(7) "Initiating resolution" means a resolution adopted by a county, municipality, or independent
speciat district which commences the process for negotiating a.~ interlocal service boundary
agreement and which identifies the unincorporated area and other issues for discussion. ~
~
(8) "Interlocal service boundary agreement" means an agreement adopted under this part,
between a county and one or more municipalities, which may include one or more independent ~
special districts as parties to the agreement.
(9) "Invited local govemment" means an invited county, municipality, or special district arrd any
other local government designated as such in an initiating resolution or a responding resolution
that invites the local government to participate in negotiating an interlocat service boundary
agreement.
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, (10) "Invited municipality" means an initiating municipality and any other municipality designated
as such in an initiating resolution or a responding resolution that invites the municipality to
participate in negotiating an interlocal service boundary agreement.
(11) "Municipal service area" means one or more of the following as designated in an interlocal
service boundary agreement:
(a) An unincorporated area that has been identified in an interlocal service boundary agreement
for municipal annexation by a municipality that is a party to the agreement.
(b) An unincorporated area that has been identified in an interlocal service boundary agreement to
receive municipal services from a municipality that is a party to the agreement or from the
municipality's designee.
(12) "Notified local government" means the county or a municipality, other than an invited
municipality, that receives an initiating resolution.
(13) "Participating resolution" means the resolution adopted by the initiating local government and
the invited local government.
(14) "Requesting resolution" means the resolution adopted by a municipality seeking to participate
in the negotiation of an interlocal service boundary agreement.
(15) "Responding resolution" means the resolution adopted by the county or an invited municipality
which responds to the initiating resolution and which may identify an additional unincorporated
area or another issue for discussion, or both, and may designate an additional invited municipality
or independent special district.
(16) "Unincorporated service area" means one or more of the following as designated in an
interlocal service boundary agreement:
(a) An unincorporated area that has been identified in an interlocal service boundary agreement
and that may not be annexed without the consent of the county.
(b) An unincorporated area or incorporated area, or both, which have been identified in an
interlocal service boundary agreement to receive municipal services from a county or its designee
or an independent special district.
History.--s. 1, ch. 2006-218.
171.203 Interlocal service boundary agreement.--The governing body of a county and one or
more municipalities or independent special districts within the county may enter into an interlocal
service boundary agreement under this part. The governing bodies of a county, a municipality, or
an independent special district may develop a process for reaching an interlocal service boundary
agreement which provides for public participation in a manner that meets or exceeds the
requirements of subsection (13), or the governing bodies may use the process established in this
section.
(1) A county, a municipality, or an independent special district desiring to enter into an intertocal
service boundary agreement shall commence the negotiation process by adopting an initiating
resolution. The initiating resolution must identify an unincorporated area or incorporated area, or
both, to be discussed and the issues to be negotiated. The identified area must be specified in the
initiating resolution by a descriptive exhibit that includes, but need not be limited to, a map or
legal description of the designated area. The issues for negotiation must be listed in the initiating
resolution and may include, but need not be limited to, the issues listed in subsection (6). An
independent special district may initiate the interlocal service boundary agreement for the
purposes of dissolving an independent special district or in response to a proposed annexation that
would remove more than 10 percent of the taxable or assessable value of an independent special
district.
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(a) The initiating resolution of an initiating county must designate one or more invited
municipalities. The initiating resolution of an initiating municipality may designate an invited j
municipatity. The initiating resolution of an independent special district must designate one or ;
more invited municipalities and invite the county. '
~
(b) An initiating county shall send the initiating resolution by United States certified mail to the ~
chief administrative officer of every invited municipality and each other municipality within the I
county. An initiating municipality shall send the initiating resolution by United States certified mail i
to the chief administrative officer of the county, the invited municipality, if any, and each other
municipality within the county.
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(c) The initiating local government shall also send the initiating resolution to the chief
administrative officer of each independent special district in the unincorporated area designated in
the initiating resolution.
(2) Within 60 days after the receipt of an initiating resolution, the county or the invited
municipality, as appropriate, shall adopt a responding resolution. The responding resolution may
identify an additional unincorporated area or incorporated area, or both, for discussion and may
designate additional issues for negotiation. The additional identified area, if any, must be specified
in the responding resolution by a descriptive exhibit that includes, but need not be timited to, a
map or legal description of the designated area. The additional issues designated for negotiation, if
any, must be listed in the responding resolution and may inctude, but need not be limited to, the
issues listed in subsection (6). The responding resolution may also invite an additional municipality
or independent special district to negotiate the interlocal service boundary agreement.
(a) Within 7 days after the adoption of a responding resolution, the responding county shall send
the responding resolution by United States certified mail to the chief administrative officer of the
initiating municipality, each invited municipality, if any, and the independent special district that
received an initiating resolution.
(b) Within 7 days after the adoption of a responding resolution, an invited municipality shall send
the responding resolution by United States certified mail to the chief administrative officer of the
initiating county, each invited municipality, if any, and each independent special district that
received an initiating resolution.
(c) An invited municipality that was invited by a responding resolution shall adopt a responding
resolution in accordance with paragraph (b).
(d) Within 60 days after receipt of the initiating resolution, any independent special district that
received an initiating resolution and that desires to participate in the negotiations shall adopt a
resolution indicating that it intends to participate in the negotiation process for the interlocal
service boundary agreement. Within 7 days after the adoption of the resolution, the independent
special district shall send the resolution by United States certified mail to the chief administrative
officer of the county, the initiating municipality, each invited municipality, if any, and each
notified local government.
(3) A municipality within the county which is not an invited municipality may request participation i
in the negotiations for the interlocal service boundary agreement. Such a request must be
accomplished by adopting a requesting resotution within 60 days after receipt of the initiating
resolution or within 10 days after receipt of the responding resolution. Within 7 days after adoption ;
of the requesting resolution, the requesting municipality shall send the resolution by United States
certified mail to the chief administrative officer of the initiating local government and each invited ,
municipality. The county and the invited municipality shall consider whether to allow a requesting i
municipality to participate in the negotiations, and, if they agree, the county and the municipality ~
shall adopt a participating resolution allowing the requesting municipality to participate in the
negotiations.
(4) The county, the invited municipalities, the participating municipalities, if any, and the I
independent special districts, if any have adopted a resolution to participate, shall begin
negotiations within 60 days after receipt of the responding resolution or a participating resolution, ~
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~ whichever occurs later.
(5) An invited municipality that fails to adopt a responding resolution shall be deemed to waive its
right to participate in the negotiation process and shall be bound by an interlocal agreement
resulting from such negotiation process, if any is reached.
(6) An interlocal service boundary agreement may address any issue concerning service delivery,
fiscal responsibilities, or boundary adjustment. The agreement may indude, but need not be
limited to, provisions that:
(a) Identify a municipal service area.
(b) Identify an unincorporated service area.
(c) Identify the local government responsible for the delivery or funding of the following services
within the municipat service area or the unincorporated service area:
1. Public safety.
2. Fire, emergency rescue, and medical.
3. Water and wastewater.
4. Road ownership, construction, and maintenance.
5. Conservation, parks, and recreation.
6. Stormwater management and drainage.
(d) Address other services and infrastructure not currently provided by an electric utility as
defined by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4).
However, this paragraph does not affect any territorial agreement between etectrical utilities or
public utilities under chapter 366 or affect the determination of a territoriat dispute by the Public
Service Commission under s. 366.04.
(e) Establish a process and schedule for annexation of an area within the designated municipal
service area consistent with s. 171.205.
(f) Establish a process for land use decisions consistent with part II of chapter 163, induding those
made jointly by the governing bodies of the county and the municipality, or allow a municipality to
adopt land use changes consistent with part II of chapter 163 for areas that are scheduled to be
annexed within the term of the interlocal agreement; however, the county comprehensive plan and
land development regulations shall control until the municipality annexes the property and amends
its comprehensive ptan accordingly. Comprehensive plan amendments to incorporate the process
established by this paragraph are exempt from the twice-per-year limitation under s. 163.3187.
(g) Address other issues concerning service delivery, including the transfer of services and
infrastructure and the fiscal compensation to one county, municipality, or independent special
district from another county, municipality, or independent special district.
(h) Provide for the joint use of facilities and the cotocation of services.
(i) Include a requirement for a report to the county of the municipality's planned service delivery,
as provided in s. 171.042, or as otherwise determined by agreement.
(j) Establish a procedure by which the local government that is responsible for water and
wastewater services shall, within 30 days after the annexation or subtraction of territory, apply for
any modifications to permits of the water management district or the Department of
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Environmental Protection which are necessary to reflect changes in the entity that is responsible ~
for managing surface water under such permits.
(7) If the interlocal service boundary agreement addresses responsibilities for land use planning
under chapter 163, the agreement must also establish the procedures for preparing and adopting
comprehensive plan amendments, administering land development regulations, and issuing
development orders.
(8) In order to ensure that the health and welfare of the residents affected by annexation will be
protected, all fire and emergency medical services shall be provided by the existing provider of fire
and emergency medicat services to the annexed area and remain part of the existing municipal
service taxing unit or special district unless:
(a) The county and annexing municipality reach an agreement, through interlocal agreement or
other legally sufficient means, as to who shall provide these emergency services; or
(b) A fire rescue services element exists for the respective county's comprehensive plan filed with
the state and the annexing municipality meets the criteria set forth.
(9) Each local government that is a party to the interlocal service boundary agreement shall
amend the intergovernmental coordination element of its comprehensive plan, as described in s.
163.3177(6)(h)1., no later than 6 months following entry of the interlocal service boundary
agreement consistent with s. 163.3177(6)(h)1. Plan amendments required by this subsection are
exempt from the twice-per-year limitation under s. 163.3187.
(10) An affected person for the purpose of challenging a comprehensive plan amendment required
by paragraph (6)(f) includes a person who owns real property, resides, or owns or operates a
business within the boundaries of the municipal service area, and a person who owns real property
abutting real property within the municipal service area that is the subject of the comprehensive
plan amendment, in addition to those other affected persons who would have standing under s.
163.3184.
(11)(a) A municipality that is a party to an interlocal service boundary agreement that identifies
an unincorporated area for municipal annexation under s. 171.202(11)(a) shall adopt a municipal
service area as an amendment to its comprehensive plan to address future possible municipal
annexation. The state land planning agency shall review the amendment for compliance with part
II of chapter 163. The proposed plan amendment must contain:
1. A boundary map of the municipal service area.
2. Population projections for the area.
3. Data and analysis supporting the provision of public facilities for the area.
(b) This part does not authorize the state land planning agency to review, evaluate, determine,
approve, or disapprove a municipal ordinance relating to municipal annexation or contraction.
(c) Any amendment required by paragraph (a) is exempt from the twice-per-year limitation under
s. 163.3187.
(12) An interlocal service boundary agreement may be for a term of 20 years or less. The interlocal
service boundary agreement must include a provision requiring periodic review. The interlocal
service boundary agreement must require renegotiations to begin at least 18 months before its
termination date.
(13) No earlier than 6 months after the commencement of negotiations, either of the initiating
local governments or both, the county, or the invited municipality may declare an impasse in the
negotiations and seek a resolution of the issues under ss. 164.1053-164.1057. If the local
governments fail to agree at the conclusion of the process under chapter 164, the local
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~ governments shall hold a joint public hearing on the issues raised in the negotiations.
(14) When the local governments have reached an interlocal service boundary agreement, the
county and the municipality shall adopt the agreement by ordinance under s. 166.041 or s. 125.66,
respectively. An independent special district, if it consents to the agreement, shall adopt the
agreement by final order, resolution, or other method consistent with its charter. The interlocal
service boundary agreement shall take effect on the day specified in the agreement or, if there is
no date, upon adoption by the county or the invited municipality, whichever occurs later. This part
does not prohibit a county or municipality from adopting an interlocal service boundary agreement
without the consent of an independent special district, unless the agreement provides for the
dissolution of an independent special district or the removal of more than 10 percent of the
taxable or assessable value of an independent special district.
(15) For a period of 6 months following the failure of the local governments to consent to an
interlocal service boundary agreement, the initiating local government may not initiate the
negotiation process established in this section to require the responding local government to
negotiate an agreement concerning the same identified unincorporated area and the same issues
that were specified in the failed initiating resotution.
(16) This part does not authorize one local government to require another local government to
enter into an interlocal service boundary agreement. However, when the process for negotiating an
interlocal service boundary agreement is initiated, the local governments shall negotiate in good
faith to the conclusion of the process established in this section.
(17) This section authorizes local governments to simultaneously engage in negotiating more than
one interlocal service boundary agreement, notwithstanding that separate negotiations concern
similar or identical unincorporated areas and issues.
(18) Elected local government officials are encouraged to participate actively and directly in the
negotiation process for developing an interlocal service boundary agreement.
(19) This part does not impair any existing franchise agreement without the consent of the
franchisee, any existing territorial agreement between electric utilities or public utilities under
chapter 366, or the jurisdiction of the Public Service Commission to resolve a territorial dispute
involving electric utilities or public utilities in accordance with s. 366.04. In addition, an interlocal
agreement entered into under this section has no effect in a proceeding before the Public Service
Commission involving a territorial dispute. A municipality or county shall retain all existing
authority, if any, to negotiate a franchise agreement with any private service provider for use of
public rights-of-way or the privilege of providing a service.
(20) This part does not impair any existing contract without the consent of the parties.
History.--s. 1, ch. 2006-218.
171.204 Prerequisites to annexation under this part.--The interlocal service boundary
agreement may describe the character of land that may be annexed under this part and may
provide that the restrictions on the character of land that may be annexed pursuant to part I are
not restrictions on land that may be annexed pursuant to this part. As determined in the interlocat
service boundary agreement, any character of land may be annexed, inctuding, but not limited to,
an annexation of land not contiguous to the boundaries of the annexing municipality, an
annexation that creates an enclave, or an annexation where the annexed area is not reasonably
compact; however, such area must be "urban in character" as defined in s. 171.031(8). The
interlocal service boundary agreement may not allow for annexation of land within a municipality
that is not a party to the agreement or of land that is within another county. Before annexation of
land that is not contiguous to the boundaries of the annexing municipality, an annexation that
creates an enclave, or an annexation of land that is not currently served by water or sewer
utitities, one of the following options must be followed:
(1) The municipality shall transmit a comprehensive plan amendment that proposes specific
amendments relating to the property anticipated for annexation to the Department of Community
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Affairs for review under chapter 163. After considering the department's review, the municipality
may approve the annexation and comprehensive plan amendment concurrently. The local
government must adopt the annexation and the comprehensive plan amendment as separate and
distinct actions but may take such actions at a single public hearing; or
(2) A municipality and county shall enter into a joint planning agreement under s. 163.3171, which
is adopted into the municipal comprehensive plan. The joint planning agreement must identify the
geographic areas anticipated for annexation, the future land uses that the municipality would seek
to establish, necessary public facilities and services, including transportation and school facilities
and how they will be provided, and natural resources, including surface water and groundwater
resources, and how they will be protected. An amendment to the future land use map of a
comprehensive plan which is consistent with the joint planning agreement must be considered a
small scale amendment.
History.--s. 1, ch. 2006-218.
171.205 Consent requirements for annexation of (and under this part.--Notwithstanding part I,
an interlocal service boundary agreement may provide a process for annexation consistent with this
section or with part I.
(1) For all or a portion of the area within a designated municipal service area, the interlocal
service boundary agreement may provide a flexible process for securing the consent of persons who
are registered voters or own property in the area proposed for annexation, or of both such voters
and owners, for the annexation of property within a municipal service area, with notice to such
voters or owners as required in the interlocal service boundary agreement. The interlocal service
boundary agreement may not authorize annexation unless the consent requirements of part I are
met or the annexation is consented to by one or more of the following:
(a) The municipality has received a petition for annexation from more than 50 percent of the
registered voters who reside in the area proposed to be annexed.
(b) The annexation is approved by a majority of the registered voters who reside in the area
proposed to be annexed voting in a referendum on the annexation.
(c) The municipality has received a petition for annexation from more than 50 percent of the
persons who own property within the area proposed to be annexed.
(2) If the area to be annexed includes a privately owned solid waste disposal facility as defined in
s. 403.703(33) which receives municipal solid waste collected within the jurisdiction of multiple
local governments, the annexing municipality must set forth in its plan the effects that the
annexation of the solid waste disposal facility will have on the other local governments. The plan
must also indicate that the owner of the affected solid waste disposal facility has been contacted
in writing concerning the annexation, that an agreement between the annexing municipality and
the sotid waste disposal facility to govern the operations of the solid waste disposal facility if the
annexation occurs has been approved, and that the owner of the solid waste disposal facility does
not object to the proposed annexation.
(3) For all or a portion of an enclave consisting of more than 20 acres within a designated I
municipal service area, the interlocal service boundary agreement may provide a flexible process
for securing the consent of persons who are registered voters or own property in the area proposed ,
for annexation, or of both such voters and owners, for the annexation of property within such an
enclave, with notice to such voters or owners as required in the intertocat service boundary
agreement. The interlocal service boundary agreement may not authorize annexation of enclaves I
under this subsection unless the consent requirements of part I are met, the annexation process
includes one or more of the procedures in subsection (1), or the municipality has received a ~
petition for annexation from one or more persons who own real property in excess of 50 percent of I~
the total real property within the area to be annexed. ,
(4) For all or a portion of an enclave consisting of 20 acres or fewer within a designated municipal
service area, within which enclave not more than 100 registered voters reside, the interlocal
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~ service boundary agreement may provide a flexible process for securing the consent of persons who
are registered voters or own property in the area proposed for annexation, or of both such voters
and owners, for the annexation of property within such an enclave, with notice to such voters or
owners as required in the interlocal service boundary agreement. Such an annexation process may
include one or more of the procedures in subsection (1) and may atlow annexation according to the
terms and conditions provided in the interlocal service boundary agreement, which may indude a
referendum of the registered voters who reside in the area proposed to be annexed.
History.--s. 1, ch. 2006-218; s. 11, ch. 2007-5; s. 32, ch. 2008-4.
171.206 Effect of interlocal service boundary area agreement on annexations.--
(1) An interlocal service boundary agreement is binding on the parties to the agreement, and a
party may not take any action that violates the interlocal service boundary agreement.
(2) Notwithstanding part I, without consent of the county and the affected municipality by
resolution, a county or an invited municipality may not take any action that violates the interlocal
service boundary agreement.
(3) If the independent special district that participated in the negotiation process pursuant to s.
171.203(2)(d) does not consent to the interlocal service boundary agreement and a municipality
annexes an area within the independent special district, the independent special district may seek
compensation using the process in s. 171.093.
History.--s. 1, ch. 2006-218.
171.207 Transfer of powers.--This part is an alternative provision otherwise provided by law, as
authorized in s. 4, Art. VIII of the State Constitution, for any transfer of power resulting from an
interlocat service boundary agreement for the provision of services or the acquisition of public
facilities entered into by a county, municipality, independent special district, or other entity
created pursuant to law.
History.--s. 1, ch. 2006-218.
171.208 Municipal extraterritorial power.--This part authorizes a municipality to exercise
extraterritorial powers that include, but are not limited to, the authority to provide services and
facilities within the unincorporated area or within the territory of another municipality as provided
within an interlocal service boundary agreement. These powers are in addition to other municipal
powers that otherwise exist. However, this power is subject to the jurisdiction of the Pubtic
Service Commission to resolve territorial disputes under s. 366.04. An interlocal agreement has no
effect on the resolution of a territorial dispute to be dete~mined by the Public Service Commission.
History.--s. 1, ch. 2006-218.
171.209 County incorporated area power.--As provided in an interlocal service boundary
agreement, this part authorizes a county to exercise powers within a municipality that indude, but
are not limited to, the authority to provide services and facilities within the territory of a
municipality. These powers are in addition to other county powers that otherwise exist.
History.--s. 1, ch. 2006-218.
171.21 Effect of part on interlocal agreement and county charter.--A joint planning agreement,
a charter provision adopted under s. 171.044(4), or any other interlocal agreement between local
governments including a county, municipality, or independent special district is not affected by
this part; however, a county, municipality or independent special district may avail itself of this
part, which may result in the repeal or modification of a joint planning agreement or other
interlocal agreement. A local government within a county that has adopted a charter provision
pursuant to s. 171.044(4) may avail itself of the provisions of this part which authorize an interlocal
service boundary agreement if such interlocal agreement is consistent with the charter of that
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county, as the charter was approved, revised, or amended pursuant to s. 125.64. ~
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History.--s. 1, ch. 2006-218.
171.211 Interlocal service boundary agreement presumed valid and binding.-- I
(1) If there is litigation over the terms, conditions, construction, or enforcement of an interlocal
service boundary agreement, the agreement shall be presumed valid, and the challenger has the
burden of proving its invalidity.
(2) Notwithstanding part I, it is the intent of this part to authorize a municipality to enter into an
interlocat service boundary agreement that enhances, restricts, or precludes annexations during
the term of the agreement.
History.--s. 1, ch. 2006-218.
171.212 Disputes regarding construction and effect of an interlocal service boundary
agreement.--If there is a question or dispute about the construction or effect of an interlocal
service boundary agreement, a local government shall initiate and proceed through the conflict
resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no
later than 30 days following the conclusion of the procedures established in chapter 164, the local
government may file an action in circuit court. For purposes of this section, the term "local
government" means a party to the interlocal service boundary agreement.
History.--s. 1, ch. 2006-218.
Disdaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be ,
consulted for official purposes. Copyright m 2000-2006 State of Florida.
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~ ~ ~ ` BOARD OF ~ COUNTY
. COUNTY ~ . ADMINISTRATOR
CUMMISSIONERS ~ . ~ . DOUGLAS M. ANDERSON
CERTIFIED MAIL r . .
RETURN RECEIPT REQUESTED R~E~EI~V~ED
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December 16, 2008 DEC ~ i 2008
Mr. Dnvid Recor FT. PIERCE
Ct"TY hAANAOER'S OFFICE
City Manager
City of Fort Pierce . ~
PO Box 1480 ~ '
Fort Pierce, FL 34954-1480
RE: Interlocal Service Boundary Agreement ~
Dear Mr. Recor:
Enclosed is a copy of County Resolution No. 08-382 initiuting the negotiation ~
process to adopt an Interlocal Service Boundary Agreement pursuant to Part II,
Chapter 171, Florida Statutes.
If you have any questions, please lefi me know.
~ Sincerel ~
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Douglns M. Anderson
~ ~ County Administrator
DMA/caf
Enclosure .
Capy to: Board of County Commissioners
County Attorney .
Growth Management Director
CHRIS DZADOVSKY, District No. 1• DOUG COWARD, District No. 2• PAULA A. LEWIS, District No. 3• CFiARLES GRANDE, District No. 4• CHR1S CRAFT, District No. 5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-145D - TDD (772) 462-1428
FAX (772) 462-1648 - email: andersond@stlucieco.org
websita: www.stlucieco.org
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RESOLUTION NO. 08-382 ~
A RESOLUIZON OF THE BOARD OF COUNTY COMMISSIONERS
O~ ST. LUCIE COVNTY, FLORIDA, PURSUAM" TO CHAPTER 171,
PART II, FLORI~A STAMES, THE INTERLOCAL SERVICE ~
BOVNDARY A6REEMENT ACT, INITIATIN6 THE PROCE55 FOR
NEGOTIATION OF AN INTERLOCAL SERVICE BOVNDARY
A6REEMENT PROVIDED FOR THEREVNDER FOR THE PURPOSE
OF ADDRESSING THE ISSVES MORE PARTICULARLY SET FORTH
HEREIN.
WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary
Agreement Act" (Act) provides an alternative to Part I of said Chapter for locnl governments . ,
regnrding the nnnexation of territory into a municipality and the subtraction of territory from the '
unincorporated aren of the county; nnd
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WHEREAS, the Act further intends to establish a more flexible process for ndjusting ~
municipal boundaries and to address a wider range of the effects of annexation; nnd 'I
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WHEREAS, a more flexible and clear process provides greater certainty is appropriate and
desirable within St. Lucie County; nnd
WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible
boundaries that reduce the cost of locnl government, avoid duplicating local services nnd increase , .
political transparency nnd accountnbility; nnd
WHEREAS, it is the intent of the~Board of County Commissioners of St. Lucie County, Floridn,
("Board") to initiate discussions with the City of Fort Pierce ("City") regarding the development of an .
interloca) service boundary ngreement to nddress the above referenced concerns.
NOW, THEREFORE, BE IT RESOLVE~ by the Board of County Commissioners of St. Lucie
County, Florida, ns follows;
1. The Board hereby ndopts this initiating res~olution pursunnt to the Act and invites the
City to commence the negotintions process under the Act to enter into an interlocal service boundary
agreement to nddress issues concerning planning, annexation and service delivery for the ureas ~
identified below. ,
2, The governing body of St. Lucie County hereby defines the unincorporated and
incorporated areas to be discussed as Arens A and B as defined in the map attached to this
Agreement as Exhibit "A", which map delineates the current properties within the boundaries of the
City nnd the current properties in the unincorporated County to be discussed under this resolution I
(note that the properties proposed to be annexed by the Ci.ty pursunnt to City Resolution No, OS-48 '
are not delineated on the map as current properties within the boundaries of the City, but are within
the map areas to be discussed under tF~is resolution.)
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3. The Board hereby identifies the issues to be negotiated as follows:
A. The process, definitions, and criteria for voluntary and referendum annexations
within Areas A and B in replacement or modification of the requirements of Ch.171, Part I, Fla. Stat.
(2Q07); ~ .
B. ~ Identify municipnl service areas, as defined in ~171,202(11)(a), Fla. Stat., for
the City within which the City may plan for an annex, and conversely, unincorpornted service areas, ~
as defined in ~171.202(16)(a), Fla. Stnt., which may not be annexed without the consent of the County.
The County believes that the FPUA Retai l Service Aren (a/Wa Area A) and the St. Lucie County Uti lity
Service Area (a/k/a Area 6) as identified on Exhibit 1 to the Februnry 10, 2004 Interlocal Agreement
between the parties, should form the basis for this discussion.
C. Address development of the Trensure Coast Resenrch arid Development
Authority Research Park and surrounding arens which the Board desires shall remain unincorporated;
and implementation of a planning charette with the Board, the City and the Research and Development
Authority to discuss all issues related to the development of the Pnrk. '
~ D. Address regulatory authority over the St. Lucie County Jail.
E. Address development of the St. Lucie County International Airport which the
Board desires shnll remain unincorporated.
F. Address the development of the Glades Road Landfill which the Bourd desires
sholl remain unincorporated.
G. Address the incorporation and exercise of those joint planning procedures set
forth in ~163.3171, Fla. Stat. (2007), based on boundaries established in paragraph B ubove;
H. Address the ability of the City to annex any and all unincorporated areas
contained within municipal service nreas identified in paragraph B above, regardless of whether the
areu to be nnnexed is contiguous ns defined in ~171.031(11), Florida Statutes, or compact as defined
~171.031(12), Florida Statutes;
I, Discuss the ability of the City to annex any and all County-owned Innd, including
but not limited to roads and rights-of-way, contained within municipal service areas identified in
~ parngraph B above, without further npprova) or consent by St. Lucie County. In the alternative, if no
municipal service area is agreed to, the process and criteria by which the City cnn annex County-owned
Iand, including but not limited to roads and rights-ot-way, into its municipal boundaries;
J. In the event municipal service areas~are agreed to, discuss the process and
establishment of a schedule for annexation of arens within those service nrens, pursuant to
~171.203(6)(e); ~ ~
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K, Address the appropriate length of term for the interiocnl service boundary
agreement and the process for periodic review, as required by Section 171.203(12), Floridn Statutes;
L. ' Identification of the local government responsible for delivery or funding of
services within the municipal service areas and the unincorporated service urea identified in pnrngraph
B above, pursuant to ~171.203(6), Florida Statutes, including public safety; fire, emergency rescue and
medical; water dnd wastewater; road ownership, construction and mnintennnce, conservation, parks,
and recreation; stormwater management; any other services or infrnstructure not currently provided
for by nn electric utility or natural gas transmission company, and any other service delivery issues . .
including the ability of the City to serve the areas to be annexed; discuss the procedures by which
environmental permits related to the services above shall be modified nnd transitioned to the local
government identified as responsible for provision of such service.
M. In the event of the establishment of municip4l service ureas pursunnt to
paragrnph B above, discuss the incorporation and exercise of those joint planning procedures set forth
in Ch. 163, Part II, Floridn Statutes, and in porticular ~163.3171, Florida Statutes, including the ~
establishment of procedures for preparing and •adopting comprehensive plan amendments,
administering land development regulations and issuing development orders.
N. Discuss improving coordinntion of transportation concurrency impacts on each
jurisdiction's trctnsportation network including collection of proportionnte fnir share payments.
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5. The County Administr4tor is hereby directed to provide a copy of this Resolution by
United States Certified Mnil to the Chief Administrative Officer of the City of Fort Pierce.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon
its adoption.
After motion and second, the vote on this Resolution was as follows:
Chairman Pnula A. Lewis AYE ~ ~4~ ~~~1~ ~1
Vice Chairman Charles Grande AYE ~V~~' °
Commissioner Chris Dzadovsky AYE t~~ly~f rr
Commissioner poug Coward AYE
Commissioner Chris Craft AYE ~Y
D~pt~ty OI~F ~ /d~~
I9AT~
PASSE~ AND DULY ADOPT ~,~~s~~''t~f f December, 2008.
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~r ~ ~ ~OARD OF COUNTY COMMISSIONERS ,
ATTEST: ; ~ " ~ ' • ~ , . ~ . LUCIE COVNTY, FLORIDA ~
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Deputy Clerk ~ ~ ~ ~ ~ , Chdir~an ~i
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Chaater 171, Part il. F.S.. references
1. (11) "Municipal service area" means one or more of the following as_ designated in an
interlocal service boundary agreement:
(a) An unincorporated area that has been identified in an interiocal service boundary agreement
~ for municipal annexation by a municipality that is a party to the agreement
2. (16) "Unincorporated service area" means one or more of the following as designated in an
interlocal service boundary agreement
(a) An unincorporated area that has been identified in an interlocal service boundary agreement
and that may not be annexed without the consent of the county.
3.163.3171 Areas of authority under this act.--
(1) A municipality shall exercise authority under this act for the total area under its jurisdiction.
Unincorporated areas adjacent to incorporated municipalities may be included in the area of
municipal jurisdiction for the purposes of this act if the governing bodies of the municipality and
the county in which the area is located agree on the boundaries of such additional areas, on
procedures for joint action in the preparation and adoption of the comprehensive plan, on
procedures for the administration of land development regulations or the land development code
applicable thereto, and on the manner of representation on any joint body or instrument that may
be created under the joint agreement. Such joint agreement shall be formally stated and
approved in appropriate official action by the goveming bodies involved.
(2) A county shall exercise authority under this act for the total unincorporated area under its
jurisdiction or in such unincorporated areas as are not included in any joint agreement with
municipalities established under the provisions of subsection (1). In the case of chartered
counties, the county may exercise such authority over municipalities or districts within its
boundaries as is provided for in its charter.
(3) Combinations of municipalities within a county, or counties, or an incorporated municipality or
municipalities and a county or counties, or an incorporated municipality or municipalities and
portions of a county or counties may jointly exercise the powers granted under the provisions of
this act upon formal adoption of an official agreement by the goveming bodies involved pursuant ~
to law. No such official agreement shall be adopted by the goveming bodies involved until a
public hearing on the subject with public notice has been held by each goveming body involved.
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The general administration of any joint agreement shall be govemed by the provisions of s.
163.01 except that when there is conflict with this act the provisions of this act shall govern.
(4) The state land planning agency and a local govemment shall have the power to enter into
agreements with each other and to agree together to enter into agreements with a landowner,
developer, or govemmental agency as may be necessary or desirable to effectuate the provisions
and purposes of ss. 163.3177(6)(h) and (11)(a), (b), and (c), and 163.3245.
History.-s. 5, ch. 75-257; s. 4, ch. 85-5~; s. 8, ch. 95-310; s. 1, ch. 96-416; s. 3, ch. 98-176.
4. (11) "Contiguous" means that a substantial part of a boundary of the territory sought to be
annexed by a municipality is coterminous with a part of the boundary of the muFlicipality. The
separation of the territory sought to be annexed from the annexing municipality by a publicly
owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a_body of
water, watercourse, or other minor geographical division of a similar nature, running parallel with
and between the territory sought to be annexed and the annexing municipality, shall not prevent
annexation under this act, provided the presence of such a division does not, as a practical
matter, prevent the territory sought to be annexed and the annexing municipality from becoming a
unified whole with respect to municipal services or prevent their inhabitants from fully associating
and trading with each other, socially and economically. However, nothing herein shall be
construed to allow local rights-of-way, utility easements, railroad rights-of-way, or like entities to
~ be annexed in a corridor fashion to gain configuity; and when any provision or provisions of
special law or laws prohibit the annexation of territory that is separated from the annexing
municipality by a body of water or watercourse, then that law shall prevent annexation under this
act. .
5. (12) "Compactness" means concentration of a piece of property in a single area and
. precludes any action which would create enclaves, pockets, or finger areas in serpentine
patterns. Any annexation proceeding in any county in the state shall be designed in such a
manner as to ensure that the area will be reasonably compact.
6. (e) Establish a process and schedule for ann~xation of an area within the designated
municipal service area consistent with s. 171.205.
7. 171.205 Consent requirements for annexation of land under this part.-Notwithstanding
part I, an interlocal service boundary agreement may provide a process for annexation consistent
with this section or with part I.
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(1) For all or a portion of the area within a designated municipal service area, the interlocal
service boundary agreement may provide a flexible process for securing the consent of persons
who are registered voters or own property in the area proposed for annexation, or of both such
voters and owners, for the annexafion of property within a municipal service area, with notice to
such voters or owners as required in the interlocal service boundary agreement. The interlocal
service boundary agreement may not authorize annexation unless the consent requirerrrents of
part I are met or the annexation is consented to by one or more of the following:
(a) The municipality has received a petition for annexation from more than 50 percent of the
~registered voters who reside in the area proposed to be annexed.
(b) The annexation is approved by a majority of the registered voters who reside in the area
proposed to be annexed voting in a referendum on the annexation.
(c) The municipality has received a petition for annexation from more than 50 percent of the
persons who own property within the area proposed to be annexed.
(2) If the area to be annexed includes a privately owned solid waste disposal facility as defined in
s. 403.703(33) which receives municipal solid waste collected within the jurisdiction of multiple
. local govemments, the annexing municipality must set forth in its plan the effects that the
annexation of the solid waste disposal facility will have on the other local governments. The plan
must also indicate that the owner of the affected solid waste disposal facility has been contacted
in writing concerning the annexation, that an agreement between the annexing municipality and •
the solid waste disposal facility to govern the operations of the solid waste disposal facility if the
annexation occurs has been approved, and that the owner of the solid waste disposal facility
does not object to the proposed annexation.
(3) For all or a portion of an enclave consisting of more than 20 acres within a designated
municipal seniice area, the interlocal senrice boundary agreement may provide a flexible process
for securing the consent of persons who are registered voters or own property in the area
proposed for annexation, or of both such voters and owners, for the annexation of property within
such an enclave, with notice to such voters or owners as required in the interlocal service
boundary agreement. The interlocal service boundary agreement may not authorize annexation
of enclaves under this subsection unless the consent requirements of part I are met, the
annexation process includes one or more of the procedures in subsection (1), or the municipality
has received a petition for annexation from one or more persons who own real property in excess
of 50 percent of the total real property within the area to be annexed.
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.
(4) For all or a portion of an enclave consisting of 20 acres or fewer within a designated '
municipal service area, within which enclave not more than 100 registered voters reside, the .
interlocal service boundary agreement may provide a flexible process for securing the consent of
persons who are registered voters or own property in the area proposed for annexation, or of both
such voters and owners, for th~ annexation of property within such an enclave, with notice to
such voters or owners as required in the interlocal service boundary agreement. Such an I
annexation process may include one or more of the procedures in subsection (1) and may allow
annexation according to the terms and conditions provided in the interlocal service boundary
agreement, which may include a referendum of the registered voters who reside in the area
proposed to be annexed. ~
History.-s. 1, ch. 2006-218; s. 11, ch. 2007-5; s. 32, ch. 2008-4.
8. (12) An interlocal service boundary agreement may be for a term of 20 years or less. The
interlocal senrice boundary agreement must include a provision requiring periodic review. The
interlocal service boundary agreement must require renegotiations to begin at least 18 months ~
~ before its termination date.
I
9. (6) An interlocal service boundary agreement may address any issue concerning service ~
delivery, fiscal responsibilities, or boundary adjustment. The agreement may include, but need
not be limited to, provisions that:
(a) Identify a municipal service area.
(b) Identify an unincorporated service area.
(c) Identify the local government responsible for the delivery or funding of the following services
within the municipal service area or the unincorporated service area:
1. Public safety. li
2. Fire, emergency rescue, and medical. i
3. Water and wastewater. ~ '
i
4. Road ownership, construction, and maintenance. ;
5. Conservation, parks, and recreation. I
6. Stormwater management and drainage.
i
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~d) Address other services and infrastructure not currently provided by an electric utility as
defined by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4).
However, this paragraph does not affect any territorial agreement between electrical utilities or
public utilities under chapter 366 or affect the determination of a territorial dispute by the Public
Service Commission under s. 366.04. .
• (e) Establish a process and schedule for annexation of an area within the designated municipal
service area consistent with s. 171.205.
(fl Establish a process for land use decisions consistent with part II of chapter 163, including
those made jointly by the goveming bodies of the county and the municipality, or allow a
municipality to adopt land use changes consistent with part II of chapter 163 for areas that are
scheduled to be annexed within the term of the interlocal agreement; however, the county
comprehensive plan and land development regulations shall control until the municipality annexes
the property and amends its comprehensive plan accordingly. Comprehensive plan amendments ~
to incorporate the process established by this paragraph are exempt from the twice-per-year
limitation under s. 163.3187.
(g) Address other issues concerning service delivery, including the transfer of services and
infrastructure and the fiscal compensation to one county, municipality, or independent special
district from another county, municipality, or independent special district.
(h) Provide for the joint use of facilities and the colocation of services.
(i) Include a requirement for a report to the county of the municipality's planned service delivery,
as provided in s. 171.042, or as otherwise determined by agreement.
Q) Establish a procedure by which the local govemment that is responsible for water and
wastewater services shall, within 30 days after the annexation or subtraction of territory, apply ~or
~ any modifications to permits of the water management district or the Department of
Environmental Protection which are necessary to reflect changes in the entity that is responsible
~ for managing surface water under such permits.
10.163.3171 Areas of authority under this act.-
(1) A municipality shall exercise authority under this act for the total area under its jurisdiction.
Unincorporated areas adjacent to incorporated municipalities may be included in the area of
municipal jurisdiction for the purposes of this act if the governing bodies of the municipality and
~ P9
the county in which the area ~is located agree on the boundaries of such additionai areas, on
procedures for joint action in the preparation and adoption of the comprehensive plan, on
procedures for the administration of land development regulations or the land development code
applicable thereto, and on the manner of representation on any joint body or instrument that may
be created under the joint agreement. Such joint agreement shall be formalfy stated and
approved in appropriate official action by the governing bodies involved.
(2) A county shall exercise authority under this act for the total unincorporated area under its
jurisdiction or in such unincorporated areas as are not included in any joint agreement with
municipalities established under the provisions of subsection (1). In the case of chartered
counties, the county may exercise such authority over municipalities or districts within its I
boundaries as is provided for in its charter. i
(3) Combinations of municipalities within a county, or counties, or an incorporated municipality or
municipalities and a county or counties, or an incorporated municipality or municipalities and
portions of a county or counties may jointly exercise the powers granted under the provisions of
this act upon formal adoption of an official agreement by the goveming bodies involved pursuant
to law. No such official agreement shall be adopted by the governing bodies involved until a
public hearing on the subject with public notice has been held by each goveming body involved.
The general administration of any joint agreement shall be governed by the provisions of s. ~
163.01 except that when there is conflict with this act the provisions of this act shall govem. '
(4) The state land planning agency and a local government shall have the power to enter into
agreements with each other and to agree together to enter into agreements with a landowner,
developer, or govemmental agency as may be necessary or desirable to effectuate the provisions
and purposes of ss. 163.3177(6)(h) and (11)(a), (b), and (c), and 163.3245.
History.-s. 5, ch. 75-257; s. 4, ch. 85-55; s. 8, ch. 95-310; s. 1, ch. 96-416; s. 3, ch. 98-176.
i
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P10 ~ il
RESOLiTTION NO. 09-06
• A RESOLUTION OF THE CITY COIVIlVIISSION OF THE CITY OF
FORT PIERCE, ST. LUCI~ COUNTY, FLORIDA, PURSUANr TO
CHAPTER 171, PART II, FLORIDA STATUTES, THE ~'Rr.OCAL
SERVICE BOUNDARY AGRFF~r•N'i' ACT; RESPONDING TO AN
INTiTATING RESOLUTION OF ST. LUC~ COUNTY AND SETTING
OUT IN ACGORDANCE WITH FLA. STAT. § 171.203 CERTAIN
ALTERNATIVE OR ADDTITONAL ISSUES FOR NEGOTTATION
' AND DISCiTSSION.
• WHEREAS, Part II, Chapter 171, Florida Statutes, entifled the "Interlocal Service
Boundary Agreement Act" (Act) provides an altemative to Part I of said chapter for local
governments regarding the annexa#ion of territory to a municipality ' and the subtraction of
territory from the unincorporated area of the County; and
WHEREAS, the Act provides as its principal goal the encouragement of local
governments to joinfly determine how to provide services to residents and property in the most
efficient and effective manner while balancing the needs and desires of the community and is
further intended to encourage intergovernmental coordination and planning, service delivery,
and boundary adjushnents and to reduce intergovemmental conflicts and litigation between local
governments; and
WHEREAS the Act is intended to prevent inefficient service delivery and an insufficient
tax base to suppert the delivery of those services; and
~ WH~~REAS, there is in hand St Lucie Coimty Resolution No. 08-382, as initiated by
the Board of County Commissioners in accordance with the Act, wherein said resolution
proposes for discussion certain issues, the majority of which the CITY believes ate adequately
addressed heretofore by policies and procedures existing or put into place by the CTTY and with
the consent and agreement of St, Lucie County, including but not limited to, an Interlocal
Agreement dated Februazy 10, 2004, as agreed to between the FPUA, St Lucie County and Fort
Pierce, and the City's Comprehensive Plan which provides for annexation of properties within
the Fort Pierce Utilities Authority boundary in an orderly manner promoting efficiency of public
service provision and economic vitality, wherein St Lucie County participated in a review of the
Ciiy's 2007 Comprehensive Plan rewrite without raising objections and thus consented to
annexation by the CTTY of properlies within the utban service area; and
WHEREAS, Fla. Stat § 171203 (2) provides that the City's responding resolution in
reply to the initiating resolution of SL Lucie County may include as additional issues certain
P1
Resolution No. 09-06
Page 2
concems including but not necessarily limited to delivery or funding of services such as public
safety, fire, emergency rescue, medical, waste and waste vvater, road ownership, conshuction and
maintenance, conservation, parks and recreation, storm water management and dtainage, and
other services and infrastruciiue; and
WHEREAS, it is the intent of the City Commission of the City of Fort Pierce, Florida, to
respond to the Couxrty's initiating resolution with discussion so as to address the immediately
above-referenced concems.
NOW, THER~FORE be it resolved by the City Commission of the City of Fort Pierce,
Florida, as follows:
1. The City Commission hereby adopts this responding resolution pursuant
to the Act• and invites the County, by reply, to commence negotiations
pursuant to the Act so as to enter into an Interlocal Service Boundary
Agreement addressing those certain issues concerning planning and
~ service delivery for the areas identified below
2. The governing , body of the City of Fort Pierce hereby defines the
unincorporated and incorporated areas to be discussed as Areas A and B
. as defined in the ma.p and documents attached to the County's initiating
resolution, which map deIineates the cusent properties withiu the
boundaries of the City and the cunent properties in the unincorporated
County to be discussed imder this resolution.
3. The Commission hereby identifies the issues to be negotiated as follows:
(a) Disposition by the County of its utility authority inasmuch
as the Fort Pierce Utility Authority is able to service the
customers of said County utility authority in a more cost
effective manner.
(b) ~ Creation by the County of a clear, mathematical
formulation for computation of fair share development
contdbutions, amenable to understanding by persons of
- reasonable, ordinary i~telligence, so as to conform with
requireme~ts of state law.
(c) Creation by the Coimty of a development plan for the 20-
acre parcel at Harbour Pointe. '
(d) Conveyance by the Colmty in fee simpie to the City of park
lands heretofore discussed including, but not limited to the
fire station on the beach, the boat ramp parldng lot and
certain other properties.
(e) Impiementation by the Coimty of a chaaette regarding the
Lawnwood Regional Recreationai Park, with suah
proceeding to subsequenfly result in creation by the County I
of a master plan for Lawnwood Recreational Park, so as to
~ establish a united, coherent plan for that very important
community resoiuce.
~
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p2 I
Resolution No. 09-06 .
Page 3
(e) Implementation by the County of a chasette regarding the
Lawnwood Regional Recreational Park, with such
proceeding to subsequenfly result in creation by the County
. of a master plan for Lawnwood Recreational Park, so as to
establish a imited, coherent plan for that very important
community resoisce. "
(fl Cessation by the Couniy of any further approval of gated
' communities within the urban service areas, inasmuch as
such communities are ultimately annexed into the City and
aze not conducive to the creation of a unified whole with
respect to mimicipal services and prevent the inbabitants of
such communities from fiilly associating and trading with
others within the City, socially and economically.
(g) Implementation and enforcement by the County of its
obligations previously agreed to with Creekside and
insistence by the County that Creekside live up to its own
obligations for the provision of utilities west of the
Turnpike, wherein those agreements aze viewed as not
being enforced currenfly by either the Coimty or Creekside,
wherein neither is providing for the utility services
necessary so as to support fiuther development in that area.
(h) Correction by the County of certain deficiencies with
drainage and paving on County residential roads, both
within the City limits and adjacent to City limits, upon ,
understanding that once such deficiencies are cured the
City may then address County concerns about the City ~
assuming responsibility for such mads incident to
annexation of adjoining lands of such roads.
(n Initiation by the County of a request for creation of an
MSTU for property north of the Reseazch Pazk and south of
Orange Avenue, wherein such request may not originate
with the City but must be initiated by the County.
(j) Withdrawal by the County of objections with respect to
continued annexation by the City of properties within the
FPUA retail service azea. '
(k) Support of the Couniy for legislative annexation of various
area of the FPUA retail service area including the Sheraton
Plaza and Orange Blossom Estates subdivisions.
(1) Cessation by the Coimty of any further approvals for storm
water retentionldetention ponds located along public ~
roadways unless watet feat~ses, enbanced landscaping, and
other requireme~is are provided for consistency with the
City's storm water retention/detention ordinance.
(m) Cessation by the County of any further approvats of all
metal buildings and implemefft design review st~ndards
that are compatible with the City's design review
standards.
P3
Resolution No. 09-06 ,
Page 4 •
,
(n) Correction by the County to improve the• Site Plan and
Concurrency Review process by sending the City all site
development applications to City Stafffor.review.
(o) Implementation of the County to coordinate and exchange
GIS database information with the City as the City
• implemeIIts its GIS system.
(p) Correction by the County to improve and update tra.ffic
counts for all roads within the County as the current
database contains outdated and disputed figures.
Additionally, the County sball establish a joint system to
. monitor anct track all apptoved projects within the County
and City to accurately account for a11 committed trips on
_ the surrounding roadway network.
(cil Correction by the County to improve coordination with the
City on all project4 tha# may be part of the Greenway and
TraiLs master plan relating to iransit and pedestrian
connectivity. Additionally, the County may coordinate
efforts with the City to look for additional traiLs and
connections within the City and along beach and water&ont
properties such as Indian River Drive.
(r) Restoration of County roadways located within City limits
• to include drdinage improvements, construction of i
sidewalks for pedestrian connectivity and resiufacing of
roadways in poor condition.
(s) Provide maintenance and necessary improvements to
drainage fabilities under County jisisdiction wluch are
located withi.n the City limits.
(t) Establish policy with regazds to jurisdiction and maintenance
responsibilities of slreet right-of-ways and drainage right-
of-ways/easements for newly annexed pazcels into the City.
4. The City MSII'Ager or lus designee is hereby directed to provide a copy of
this Resolution by United States Certified Mail to the County
Administrator for St, Lucie County, as the Chief Administrative Officer of
• the County in its initiating capaciiy.
BE TT F[JRTHER RESOLVED that this Resolution is and the same sball become
effective immediately upon adoption.
. IN WITNESS R'H~REOF, this Resolution has been duly adopted on the 2nd day of
February, 2009. .
. • • , c~ ~
~ Ro . enton, Ma.yor
ATTEST: STATE OF FLORIDA
5T. LUCtE COUNTY ~
~ . CITY OF FORT PIERCE ~
~ TH1S IS TO CERTIFY THAT I
Cassandra Steele; City Clerk THIS 15 A TAUE AND
CORRECT COPY OF THE
(CTTY SEAL) gf ORDS ON.FtLE !tV ~HIS
, _ FFi E. . i
. . CITY CLERK.~,~.q I
DATE~o _ I - II
(CiTY SEAL) ~ I
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rs • ~~1~iwM`~{~~ ~ . J~ ~ "_~I • ' r • S f 1 ~.I
~ EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 2880643 OR BOOK 2590 PAGE 1430, Recorded 06/15/2006 at 03:47 PM
Cd ~ - 03 ~ l7~
Prepared by and Retum to
St. Lucie County
Attn: County Attorney
~ 2300 Virginia Avenue
Fort Pierce, FL 34982
STANDARD POTABLE WATER AND WASTEWA'TER
DEVELOPMENT AGREEMENT (SDA)
TffiS AGREEMENT made and entered iTrto thisdJ day of~, 2006, by
and between St. Lucie County, hereinafter referred to as "Utilit}~', and D. R. Horto-
n,1nc., hereinafter
refe~red to as "Property Owner".
WITNESSETH
WHEREAS, the Properiy 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 devetop the Property by erecting
thereon residenfia! or non-tesidential improvements and desires to secure the provision of utility
service to the Properiy; and
WHEREAS, in the interest of public health and to encoarage the use of central water and
wastewater facilities, Utility des'ves to enter into this Agreemen~ and
WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility
does not confer nor grant any land use or zoning approvals for the Property, nor does it assure or
guarantee Property Owner that Property Owner has or will be able obtain land use or zoning
approvals for or be able to construct on the Property the number of 's for which Property Owner
has voluntarily elected to reserve utility capacity under this Agreeme .
NOW T'HEREFORE, for and in consideration of the premise e mutual undertakings
and agreements herein contained and assumed, Property by venant and
agree as follows;
1. The foregoing statements are true and correct.
2. The following definitions and references are giv for the p e of interpreting the terms as
used in this Agreement and apply unless the co t act indicat differeM meaning:
(a) "USP" - the Utility Service Policy for water, was and med water service by the
Utility, as may be amended from time to time, which is ' d herein by reference;
(b) "LTEP" - the Utility Extension Po ' astewat d reclaimed water service by
Utility, as may be amended fro to time, w' is incorporated herein by reference.
(c) "IJPAP" - the Utility Extensi Policy, Udliry S'ce Policy, and other policies and
procedures adopted by the St. ie County (Utili , as may be amended from time to
time, which is incorporated herein ference.
~
OR BOOK 2590 PAGE 1431 '
(d) "Service" - the readiness and ability on the part of Utility to furnish potable water to and to
collect wastewater from the Property;
(e) "Point of Service" - generally, the point where the pipes or meters of Utility are connected
with pipes of the Property Owner as further defined 'm the UPAP;
"Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which
corresponds to the peak demand of the single-family residential category of Customer
usage. This system capacity equivalency unit is utili~ed to estabtish the system demand for
various sized connections for the purpose of assessing fees;
(g) "Service Initiation" - the date a potable water meter is set or a wastewater connection is
made for a customer;
(h) "Guaranteed Revenue Fee" or "Guaranteed Revenues" - the mandatory fee paid by all
customers designed to recover the cazrying costs of system capacity which has been or is
being constntcted in anticipation of future service requests. Carrying costs include fixed
operating and renewal and replacement expenses necessazy to maintain excess system
capacity for future use.
(i) "Tota] Accrued Amount (TAA)" - At the time of execution of this Agreement, a TAA
equal to sixty months of Guaranteed Revenue Fees paid per each ERC shall be due and
payable.
(j) "Standard Development Renewal Agreement {SDRA)" - an agreement between Utility and
the Property Owner e~ctending the capacity reservation for unused ERCs in a Standard
Development Agreement for an additional five (5) years.
(k) "FPGR" - Guaranteed Revenues required by Ft. Pierce Util' Authority (FPUA) pursuant
to the terms of the Bulk Service Agreement Between FP and Utility, to recover the
carrying costs of FPUA system capacity.
3. Property Owner hereby gants and gives to Utility the excl 've right d privilege to construct,
own, maintain, operate and expand the potable water and ''ties ' der, upon,
over and across the present and future streets, roads, e ents, reserved ' and public
places as provided and dedicated to public use in the record plats, or as ovided for in
agreement, dedications or grants made otherwise and ' ndent of said r rd plats. Utility
covenants that it will use due diligence in ascertai ' a ent locadons; however, should
Utility install any of its facilities outside a dedi easeme t ea, Property Owner covenants
and agrees that Utility will not be required to ve or rel te any facilities lying outside a
dedicated easement azea as long as the faciliti inte with the then or proposed use of
the area in which the facilities have been inst led. Owne ereby further agrees that
the foregoing grants include the necessary rights of ingress o any Fart of the Property
which Utility reasonably requests for the maintenance, operah r expansion of the potable
water and wastewater facilities; that in t ' is requi or desires to install any of its
potable water and wastewater faciliti ' tands with Property lying outside the streets and
easement areas described above, the operty Owner o e successor ownec(s), as applicable,
shal! grant to Utility, without cost or pense to Utility, th ecessary easement or easements for
such installation; provided, all such allations by Util' shall be made in such a manner as
not to interfere with the then primary of such Pro . Property Owner or the successor
owner(s), as applicable, shall o' writte UtiGtyprior to installing any structure
P2
~ OR BOOK 2590 PAGE 1432
or object, including, but not timited to, fences, gates, signs, trees or poles, within an easement
area In consideration of Utility's consent to an encroac}unent, propei.ty, Owner or the successor
owner{s), as applicable, shall agree to indemnify and hold Utility harmless from and against all
liabilities, damages, penalries, 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 co~nected to
an encroachment approved by Utility. In the evont Utility determines that it is necessary to
construct, maintain, repair, remove or replace any of its facilities located upder, over or upon an
easement, Property Owner or the successor owner(s) of the portion of the Propeity 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 pwner or the
successor(s), as applicable, fails to remove tlte 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 of 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:
Utility, or its successors, has the sale and exclusive right to provide all potable
water, wastewater and reclaimed water services to the Property described in Exhibit
"A". AIl occupants of any residence or non-residentia! improvement erected or
located on the Property and all subsequent or future owneis or purohasers of the
Property, or any portion theteof, shall exclusively receive their potable water,
wastewater and reclaimed water 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 long as the aforesaid Udlity provides such services to the Property. Further,
all occupants of any residence or non-residenti~ improvement erected or located on
the Property and all subsequent or future owners or purchase of the Property, or
any portion thereof, agree, by occupying any premises o e Property or by
recording any deed of conveyance with respect to the Pr , that they will not
construct or otherwise make available or use potable wate wastewater and
reclaimed water service from any source other t pro i ed by Utility.
Further, all occupants of any residence or non-reside ' t e or
located on the Property and all subsequent or firtur wners or purc the
Property, or any pottion thereof, agree that Utility may require them to chase
and use a volume of reclaimed water equal volume of ewater
discharged from the Property on an equivalent age is as determined by the
Utility.
Any water well or water source used solely lem irrigation water supply for the
Property is excIuded from this restriction except to t the Pr rty is required to utilize
reclaimed water equal to the volume of wastewater disc e Property.
Further, in order to give an additio entary n' e to all the future Property '
Owners of any of the Property of the ts of Utility ovide the Property with potable water,
wastewater and reclaimed water fa 1'es and services, Properiy pwner hereby covenants
and agrees to have the above r ' ive covenant or i equivalent included in the general
subdivision restrictions and to plac e same of reco n the Public Records of St. Lucie
County, Florida.
3
3
' OR BOOK 2590 PAGE 1433 I'
~
~
i
I
~
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4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be ~
performed by the Property Owna, and subject to completion of the water, wastewater and I
reclaimed water facilities necessary to serve the Properiy, Utiliry covenants and agrees that it ~
will allow the connection of the potable water distribution, wastewater collection, and reclaimed j
water distribution facilities installed by Property Ownet to the potable water, wastewater and I
reclaimed water facilities of Utility in accordance with the terms and irnent of this Agreement ~
and the UPAP. Such connection shall be in accordance with niles, and tegulations of the Health ~
Department, the UPAP, and other govemmental agencies having jurisdiction over the utility ~
operations of Utility. Utifity has a bulk utility service agreemerrt with the FPUA to provide
water and wastewater ta Utility for provisi~ to Pmperty Owners. Provision of service to the
Property Owner is subject to availability af capacity to Utility from the FPUA. Urility makes no
guarantee or representation that utility capacity from FPUA will be available as and when
requested by Property Owner. 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 investment in utility facilities, as
well as the fixed costs of maintaining such facilities and the unused capacity it represents as
provided in the UPAP. I
6. Upon receipt of payment of the Connection Fees and the TAA due upon execution of this
Agreement, Utility agrees to initiate the provision of water and wastewater utility service for
265 ERC's for Property Owner for a term of five (5) years, which term may be extended in
accordance with the UPAP, as may be amended from time to time, and upon payment of
applicable fees.
7. Property Owner hereby agrees to construct and to transfer ownership and control up to the Poirrt
of Service to Utility, at no cost, the on-site potable water distribution, on-site wastewater
collection, and onsite reclaimed water distributioa systems up Property Owners reclaimed
water storage faciGties (not including on-site water reclaimed w t distribution facilities on the
consumer side of the discharge to the reclaimed water storag i'ties) referred to herein and
such off-site systems as necessary to connect Property Owner's site systems to Utility's
master planned facilities (all such on-site and off-site fa ' ities re d to in this paragraph
collectively as `~roperty Owner Facilities." Upon accep rty O er Facilities,
Utility hereby agrees to accept ownership of the Prop er Faci peration and
maintenance purposes. Property Owner shall cause to be prepazed engi ing ptans and
specifications prepared by and sealed by a profe ' engineer register in the State of
Florida, showing the Property Ovmer Facilities. vise Property Owner's engineer
of any sizing requirements as mandated by the . Such iled ptans may be limited to a !
phase of the Property, and subsequent phases be fumi d from time to time. However, j
each such phase shall conform to a master p e d opment of the Property and such
master plan shall be submitted to Utility concurrent ' prior to bmission of plans for the
first phase. All such plans and specifications, inclu d py and elechonic media, II
~ submitted to Utilit}rs engineer shall be subject to the approv tility and shall conform to
Utility's standards as set forth in the , constrvcti shall commence until Utility
has approved such plans and specif ions in writ . After approval, Property Owner shall I
cause to be constructed, at Pro er's expense, Property Owner Facilities as shown '
on the plans and specifications. F, as set forth in UPAP, shall be levied by Utility to li
cover the cost of plan review and ins ion. I
~
The Property Owner shall al requi on Ezhibit B to this Agreement. 'I
P4 I
(
~ OR BOOK 2590 PAGE 1434
During the constivction of the potab]e water distribution, wastewater collection and reclaimed
water distribution systems by Property Owner, Utility may from time to time inspect such
installation to determine compliance with the ptans and speclfications, adequacy of the quality
of the installation, and further, shall be entitled to perform stsndard tests for pressure,
infiltration, line and grade, and all other norma] engincering tests to determine that the system
has been installed in accordance with the approved plans and specifications and the UPAp.
Inspection by Utility s6a11 m no way relieve the Properiy Owner of his responsibility to install
the facilities in accordance wit6 the approved plans and specifications and the UPAP. Complete
as-buih plans, including hard copy and ele~tronic media when utili~ed, shall be submitted to
Utility upon completion of construction.
Property Owner hereby agrees to transfer to Utility title to all potable water distribution,
wastewater cotlection and reclaimed water distribution systems installed by Property Owner's
contractor pursuant to the provisions of this Agreement. Such conveyance is to take effect
without further action upon the acceptance by Utility ofthe said installation. As further evidence
of said transfer of title, upon the completion of the installation and prior to the rendering of
service by Utility, Property pwner shatl convey to Utility by Bill of Sale in a form provided in
the [1EP the complete on-site and off-site potable water distribution and wastewater collection
system as constructed by Property Owner and approved by Utility, a(ong with documentation of
Property Owner's costs of construction and Property Owner's No Lien Affidavit, in form
provided in the UEP. Subsequent to construction of the facilities and prior to receiving a
meter(s) from Utility, Property Owner shall convey to Utility all easements and/or rights-of-way
covering areas in which potable water, wastewater and reclaimed water lines are instalied by a
recordable docurneni in a form supplied by Utility, All conveyance of non-platted easements or
rights-of-way shall be accompanied by a paid title policy for the benefit of Utility in a minimum
amount of:
• $50.00 per linear foot of any granted utility easement on the centerline of the
easement); and
•$50,000.00 for a Utility-owned wastewater lift station ot constructed within an
existing utility easement).
Said title policy shall confirm the Grantor's rights to con ts or ' ts-of-way,
and further, evidencing Utilit~s right to the continuous e' yment of such e ts or rights-
of-way for those purposes set forth in this Agreemen~ The use of easem s) granted by
Property Owner may be used by other utilities as lon h is appmved b tility. Utility's
acceptance of the potable water distribution, ate ltection and reclaimed water
distribution systems installed by Property Owner ll be in ordance with the provisions as
set forth in the UPAP. All installafions by Pro Owner o' s contractor shall be warranted
for one year (or five years in the case of lift ps motor assemblies) from date of
Final DEP Certification. Mortgagees holding iens pro 'es shal( be required to
release such liens, subordinate their position, or jom in the the easements or rights-
of-way. All potable water distribution, wastewater collection reclaimed water facilities
shall be located within an easement if no 'n platbed o edicated rights-of-way,
The timely payment by Property O of all fees in a ance with the terms set forth herein
shall be considered essential to the ' ued performance Utility of the terms and conditions
of this Agreement. The construction h~ansfer of owner ip of the potable water distribution,
wastewater collection and roclaimed w stem does d will not result in Utility waiving
or offsetting any of its fees, ru r regu ' Owner shall not have any present or
5
5
OR BOOK 2590 PAGE 1435 I
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future right, title, claim, or interest in and to the potable water, wastewater and reclaimed water
facilities transferred to or owned by Utility.
8. Upon submission of this Agreement, Property Owner, at his expense, agrees to fumish Utility
with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the
Properiy. Aay mortgagee or lien holder having an interest in the Property shall be required to I
execute a Consent and Joinder of Mortgagee/L,ienholder in the form as provided in the UEP. A
Property Owner must submit either a tifle policy or a leiter from an attorney licensed to do
business in Florida confirming that either there is no mortgage or lien on the pmperty or any
mortgage or lien holder has properiy executed a Consent and Joiner of Mortgagee/Lienholder.
The title policy or letter must be issuerl within thirty (30) days of submittal of the SDA.
9. Property Owner agrees with Utility that all potable water, wastewater and reclaimed water
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 I
ownership of Urility, and any entity owning any part of the Property or any residence or
building constructed or located therecxi, shall not have the right, title, claim or interest in and to I
such facilities, or any part of them, for any purpose. In addition, Utility shall have the exclusive I
right and privilege to pravide potable water, wastewater and reclaimed water services to the I
Pm e and to the occu ~
p rty pants of each residence or building constructed thereon.
10. Notwithstanding any provision in this Agreement, Utility may establish, revise, modify and
enforce rules, cegulations and fees covering the provision of potable water and wastewater
service to the Properiy. Such rules, regulations and fees are subject to the approval of Utility. I
Such rules, regulations and fees shall be reasonable and subject to regulation as may be
provided by law or contract. Fees charged to Propecty Owner or Customers located upon the
Property shatl be identical to fees charged for the same classification of service by Utility. All I
rules, regulations and fees as set forth in the UPAP, shall be binding upon Property Owner,
upon any other entity holding by, through or under Property Owner, and upon any Customer of
the potable water, wastewater and reclaimed water service pro ' d to the Property by Utility.
Said rules and regulations include, but are not limited to, e~ Initiation, oversiting of
facilities, use of previously oversized facilities or exteasion of facil' '
1 i. Property Owner or its assignee shall not have the right to t onnect the potable
water, wastewatet and reclaimed water facilities of Util' approv connection
has been granted by Utility. The parties hereto further agree that the expens construction,
operation and maintenance of all improvements beyon e Point of Servi all be the sole
cost and expense of the Property Owner of its assi than Utility.
12. The sale, conveyance, transfer or assignment o is Agree t by the Property Owner shall
only be performed in accordance with the pro f UP
13. Ali notiees provided for herein shall be in writing and ail or by courier, and, if
to Property Ovmer shall be mailed or delivered to Property
Paul Romanowsk'
Vice President
D.R. Horton, In
1245 S. Military il
Suite 100
Dee~eld ch, FI
6
P6
OR BOOK 2590 PAGE 1436
and if to Utility, shall be mailed to U61ity at:
St. Lucie County Utilities Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attomey
2300 Virginia Avenue
Fort Pierce, Florida 34982
14. The rights, privileges, obligatians and covenants of Property Owner and Utility shaIl survive the
complefion of the work of Property Owner with respect to completing the potable water,
wastewater and reclaimed water facilities and services to any phased area and to the Property as
a whole.
15. Unless Property Owner is requesting add'Rional capacity for the property described in Exhibit
"A", this Agreement shall supersede, nu11 and void, all previous 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 eacecuted, constihrtes the entire agreement
between the Property Owner and Utility. Notwithstanding the above, this Agreement shal! not
supersede any County Comprehensive Plan requirements, any County Development Orders or
any County Ordinances with respect to the Property. No additions, alterations or variations of
terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by
either party, unless such additions, alterations, variations or waiver aze expressed in writing and
duly signed by the pacties hereto. 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 for actions
arising out of this Ageement is in St Lucie Coanty, Florida.
16. Special Conditions:
a. Best Efforts. Utility shall use its best efforts to pro i waste ter capacity
for the Property in accordance with Properiy Owner's pment ti e. Property
Owner acknowledges that due to environmental permitting, public procurem processes and
construction schedules, and securing water and was water capacity fr the Ft. Pierce
Utility Authority, the timing of provision of capac' roperty canno e guaranteed by
Utility. Property Owner further acknowledges the pro ''on of service to the Property is
contingent on Property Owner's completion o e PMPFs provided below. Utility shall
not be responsible for any damages incurred 'sing o f or related to Utility's inability
to provide capacity to the Property in accor ce perty er's development time
schedule.
b. In order to provide service to the , additional tion of Utility's water and
wastewater transmission system, a 'onal wate rage tank and repump facility, and a
master wastewater repump station st be constructe e capacity of which facilities must
be sized to meet the demands of Property and the ticipated future utility demands as
identified in the Utility Master Plan e"PMPFs'~.
7
OR BOOK 2590 PAGE 1437 '
Developer's current estimates of the cast for the design and construction of the PMPFs,
which estimates may not be representative of actual costs, are as follows:
(i) Engineering cost of the Design criteria package (Spec Package) $20,OOU.00.
(ii) Engineering Design and CEUCMS of the water storage tank and associated high
service pumps (Tank Plans) $131,000.00.
(iii) Cost of construction of the water storage tank and high service pumps
$2,500,000.00.
(iv) Engineering Design and CEUCMS of the Master Wastewater Re-pump Station
$56,500.00.
(v) Cost of construction of the Master Wastewater Re-pump Station $500,000.00.
(vi) Engineering Design and CEUCMS of the Water transmission lines $265,000.00.
(vii) Engineering Design and CEUCMS of the Wastewater transmission lines $9,650.00.
(viii) Cost of construction of the Water transmission lines $82,500.00.
(ix) Cost of construction of the Wastewater transmission lines $1,840,000.00.
Total Estimate of all PMPFs is $5,404,650.00.
Property Owner was provided the option to defer development of the Property until such time
as Utility received sufficient contributioas from other property owners to construct the
PMPFs necessary to serve the Property or to construct the PMPFs on behalf of Utility in
accordance with the provisions of the UPAP. Property Owner has elected and agrees to
construct the PMPFs in accordance with the following terms and conditions:
(i) Except with respect to the Fairgrounds Storage Tank and High Service Pump
("Tank") which is addressed in subsection (ii) below, Utility's consulting engineer ("Utility
Engineer") shall prepare a design criteria package setting forth performance-oriented
specifications of the PMPFs to be designed and constructed by Property Owner ("Spec
Package'~. Upon receipt of the Spec Package, Property Owner shall cause to be prepared, at its
expense, engineering plans and specifications (the "Plans r pared by and sealed by a
professional engineer registered in the State of Florida (the " Engineer"), showing the
PMPFs. Property Owner shall include in its ageetnent with th roject Engineer a clause
specifying that Utility is an intended ihitd party benefiei of th ontract with the Project
Engineer. The Project Engineer shall submit the Plans to eview comments
prior to finalization. The Project Engineer shall make ges t as may be
necessary to obtain final written approval of the Plans from the Utility.
(ii) With respect to the Tank, Utility Eng' pare the eng~neering plans and
specifications ("Tank Plans'~ and deliver to the Engi r for integration into the PMPFs
Plans.
(iii) The Properly Owner, at its expe , s permi nd permit modifications
es necessary to construct the PMPFs, including the Tank, e artment of Environmental ;
Protection and other applicable environmental regulatory agen ' e`Termits'~. Utility shall
cooperate with the Property Owner in ob ' ermits. operty Owner shall provide
copies of the Permits to Utility upon ' of the
(iv) Property Owner, at its e nse as approved Utility, shall obtain all real property
interes7s necessary for location of th Fs, including, not limited to, fee simple interests,
easements, and public rights-of-way proved by f ity (the "Real Property Interests").
Property Owner shall grant U'' such o e erests on, under and over the Property
P8
OR BOOK 2590 PAGE 1438
as may be necessary for location of the PMPF's, in accordance with the provisions of Section 7
above. Utility shall cooperate with Pmperiy Owner in obtaining the Real Property Interests.
Utility shall provide the Real Property Interests for location of the Tank.
(v) Upon receipt af the Pertnits, Property Owner shall hire a contractor and cause to be
cons~ructed, at its expense, the PMPFs as shown on the Plans, the Tank Plans and the Permit and
within the Real Property Interests, naming Utility as an intended third pariy beneficiary of the
construction contract. UtiGty shall have the right to approve the contractor hired by Property
Owner and the conshvction contract, which appmvais shall not be unreasonably withheld.
Property Owner shal! obtain performance and payment bonds to assure completion of the
PMPFs, naming Utility as an intended third party beneficiaries of such bonds. Property Owner
shall be responsible for obtaining building permits and all other required permits and approvals
for construction of the PMPF's. Property Owner shall further include within its construction
contract the following contractual provisions:
(a) ndemni
Contractor agrees to pay of behalf of, protect, defend, reimburse,
indemnify and hold the County, its agents, employees, . elected officers and
representatives and each of them, (hereinafter col(ectively and for the purposes of
this paragraph, referred to as "County"), free and harmless at all times &om and
against any and aq claims, liability, expenses, (osses, costs, fines and damages,
including attorney's fees, and causes of action of every kind and character against
County by reason of any damage to property or the environment, or bodily injury
(including death) incurred or sustained by any party hereto, or of any party
acquiring any interest hereunder, any agent or employee of any party hereto or of
any party acquiring an interest hereunder, and any third or other pariy
whomsoever, or any govemmental agency, arising out of or ia incident to or in
connection with Contractor's performance under this Contract, the condition of
the premises, Contractor's acts, or omissions or operati hereunder, or the
performance, non-performance or purported performan e the Contractor of
any breach of the terms of this Contract; provided however t Contractor shall
not be responsible to County for damages resultin out o odily injury or
damages to property which Contractor can establis 'butable the
sole negligence of County, its respective agents, se , p oye s.
Contractor further agrees to pay on behalf of and hold h ess and
indemnify County for any fines, citations, ents, insuran e claims,
restoration costs or other liability resultin rom its tivities on the project,
whether or not Contractor was negligent even kno edgeable of any events
precipitating a claim or arising as a resu situ i n involving Contractor's
activities.
Said indemnification by Contractor shatl be ed to inctude all
deliverers, suppliers, furnishers of n anyone act' for, on behalf of, or
at the request of Contractor. tractor r izes the broad nature of this
indemnification and hold h ss clause and ntarily makes this covenant.
This indemnificadoa and hold umless survives eptance of the Work. This
clause of the Contract will exte beyond the term the Agreement for a period
of ten (10) years after the date o acceptance of e Work by the COLTNTY.
9
OR BOOK 2590 PAGE 1439 -
b Insurance
Commercial General Liabilitv: I
The Contractor shall maintain and, prior to commencement of this
contract, provide the County with evidence of commercial general liability
insurance to include: t) premises/operations, products/completed operations,
(including XCU hazards) and personal and advertising injury for limits of not . I
less than $1,000,000 per occurrence; 2) fire damage for limits of not less than
$100,000 per occurrence; 3) medical payments for limits not less than $5,000 per
person and 4) a general, per contract/project, aggregate limit of not less than
$2,000,000. The policy shall also provide the County wili be given a thirty (30)
day written notice of cancellation or non-renewal and include County as an
additional insured.
Business Automobile Liabilitv:
The Contractor shall maintain and, prior to commenceraent of this
contract, provide the County with evidence of business automobile liability
insurance to include: 1) coverage for any automobile for timits of not less than
$1,000,000 combined single limit (bodily injury 8c property damage) per accident
and 2) Personal Injury Protection (Florida no-favlt) with full statutory limits.
The policy shall also provide the County will be given a thirty (30) day written
notice of cancellation or non-renewal and include County as an additional
insured.
Workers' Compensation and Emplo~ers Liabilitv: I
The Contractor shall maintain and, prior to commence of this contract,
provide the County with evidence of workers' compensat' insurance providing
Florida statutory (F.S. 440) limits to cover all employee include Employers
Liability coverage with limits of not less than $500,000 for idents or disease.
The policy shall also provide the County wi[l be ~iv n a thi (30) day written
notice of cancellation or non-renewal.
(vi) The Utility Engineer shall act as project enginezr for the Tank stracfion, shall ~
provide engineering construction management servic d inspection se ' es for tfie Tank ~
construction, and shall review and process all re hange orders, ield directives and 'i
progress and fina) payments from the contrac s) ' g the Tank, subject to the prior I
written approval of Utility. i
i
(vii) The Project Engineer shall act proj eer for PMPFs conshvction (not
including the Tank) and shall provide, at Ptoperty x e, engineering construction
management services and inspeetion services for the PMPFs ction. The Project Engineer
shatl review and process all requests ders, fteld ' tives and progress and final
payments from the contractor(s), sub' to the prio 'ttea appmval of Utility. '
(viii) During the constructi of the PMPF's, ility may from time to time inspect I
such installation to determine com 1 ce with the Pla and Permits, adequacy of the quality
of the installation, and further, sha entitled to r ire performance of standard tests for '
pressure, i~ltration, line ade, al engineering tests to determine that ;
P10 I
~ OR BOOK 2590 PAGE 1440
the system has been installed in accordance with the approved Plans and Permits, Inspection
by Utility shall in no way relieve the Property Owner of its responsibility to install the
PMPFs in accordance with the Plans and Permits. Property Owner shall correct, at its
expense, any deficiencies identified by Utility in its inspection and testing. Utility shall
invoice Property Owner monthly for any cost of tesbing (the "Utility Testing Invoices'~.
Property Owner shall pay Utility the amount of each Utility Testing Invoice within thirty (30)
days of receipt of an invoice. In the event Properiy Owner disputes a Utility Testing Invoice,
such dispute shall be provided in writing to Utility within the time period for payment of such
invoice. Utility shall resolve all such disputes, which resolu6on may be submitted to arbitration.
(ix) Complete as-built plans, including hard copy and electronic media, shall be
submitted by the Property Owner, at its expense, to Utility upon completion of construction.
All installarions by Property Owner shall be warranted to Utility by Property Owner's
contractor(s) for one year (or five years in the case of lift station pumps and motor
assemblies) from date of Final DEP Certification.
(x) Property Owner hereby agrees to transfer to Utility title to all PMPFs installed by
Property Owner's contractor(s) free and clear of all liens and encumbrances. Such conveyance
is to taEce effect without further action upon the acceptance by Utility of the said installation. As
further evidence of said transfer of title, upon the completion of the instaliation, Property Owner
shall convey the PMPFs to Utility by Bill of Sale, along with documentation of Property
Owner's actual costs of construction of the PMPFs (the "PMPFs Cost'~ and Property Owner's
No Lien A~idavit, in form provided in the LJEP. PMPFs Costs shall be limited to the actual
cost of the design, permitting, property rights acqvisition, construction management,
inspection, construction, testing and start-up of the PMPFs, including, but not limited to, the
reasonable fees and costs of engineering and environmental consultants, permit application
fees, non-Utility County imposed costs and fees, Utility Engineer fees, construction
management fees and costs, laboratory fees, and Utility approved change order and work
directive costs. PMPFs Costs shall not include any administrative or altocated overhead of
Property Owner or Property Owner tegal, accounting or fn ' g costs. Utility shall have the
right to audit the PMPFs Cost for accuracy.
(xi) Prior to cotnmencement of construction, Util' and P riy Owner shall agree on
a time table within which Property Owner will ca of con ction of the
PMPFs. In the event that Property Ovmer does no mp ete such ion within the
time table provided, as revised pwsuant to change orders and force ~eure events as
approved in writing by Utility Engineer, Utility provide writte otice to Property
Owner of Utility's intent to complete such P u which Utility may complete such
PMPFs at Property Owner's expense, which e nse, wh n paid by Property Owner, shall be
included within the PMPFs Cost. Utility sh ave no r nsibility or liability for Property
Owner's costs, damages, claims, obliga ' ex es arising from, resulting from,
incident to or related to Utility's completi of s as p vided in this subparagraph
(xi) ("Property Owner Ciaims"), including, but no ' ed any contract claim from
Property Ovmer's contractor. Property Owner Claims m t be included in the PMPFs
Cost.
c. In consideration for roperiy Owner nstructing the PMPFs necessary to
provide service to the Property, e Property Owne ill receive a credit of $2,578.00 per
ERC, which based on 265 ERC's als $683,170.00 " F CrediY') against Property Ow~er's
connection charges of $5,630.00 C, which b e on 265 ERC's equals $1,491,950.00.
The remaining portion of connect ered by the CF Credit, which based on
1
11
OR BOOK 2590 PAGE 1441 "
$3,052.04 per ERC equals $808,780.00, shatl be payable by Property Owner to Utiiity at the
time of execution of this Agreement.
d. In consideration for Property Owner constructing the portion of the PMPFs to
provide service to other future utility customers, Developer will receive an oversizing credit
in the amount equal to the following calculation: Subtract the CF Credit from the approved
PMPFs Cost (the "Oversize Credit'~. The Oversize Credit will be reimbursed to Property
Owner as a participant in an AMFP Pool in accordance with Section 3(C} of the UEP (See
excerpt of UEP attached as Exhibit C). The AMFP Funding Pool geographic limit shall be all
mainland properties in the Utiliry service area south of the C-25 Canal (not including the
Indian River Estate MSBU area). Utility makes no representation or wartanty as to if or
when sufficient ERC's will be connected to the Utility System to reimburse Property Owner
the full AMFP Funding and accrued interest.
[remainder of page intentionally left blank]
P12
OR BOOK 2590 PAGE 1442
IN WTTNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed in several cowterparts, each
of which counterpart shall be considered an original executed copy this Agreement.
ST. LUC'IE C , FLORIDp:
By:
ou Administrator
Approved t ~ o ctness:
County Attomey ,
WITNESSES: PROPERTY OWNER:
D. A. AORTON, INC.
/~~G~i4e~ Capv~o
Print Name:
By:
Paul Romanowski
Print Name: Its: Vice President
Subject to the provisions of Section 6 above, the limitations on provision of wastewater setvice
listed below, and the payment of guaranteed revenues for FPUA ERC's as provided on
Exhibit B below, FPUA agrees to reserve 265 ERC's of water and wastewater plant capacity
("FPUA ERC's") for Utility and Property Owner pursuant to the Terms of the Bulk Service
Agreement Between St Lucie Couaty and the Ft. Pierce Utili uthority:
FT. PIERCE UTILITY AUTHORITY:
By: ~~--~'i/ ~ ~ ~
Its: ~i~t-cMr1 L~~~
Limitations on Provision of FPUA Wastewater Serv' erty Owner vi St. Lucie County
Wastewater Transmission System:
l. A developer-funded and developer-const d project onstruct a 12-inch force main on
Orange Avenue from the Tumpike to Ki ' way a 16-inch force main in the
Moore's Creek right-of-way and other p lic - ays fro 39°i Street to 7~' Street
must be completed before the Property Owner's pro' b nnected to the FPUA
system. Though FPUA has no direct control over the sc 1 for completion of this force
main project, the developer is requ" ecuted Wa e and Wastewater Supply
Agreement with FPUA to com e construc ' by December 2l, 2005 (or as amended).
2. A second developer-funded an eveloper-cons project to construct a 16-inch force
main adjacent to Orange Aven in public right-of- y or private easements between
Jenkins Road and 39'" Strcet m also be complet fore the Property Owner's project
can be connected to the FPUA s t. The contra 1 arrangements for design and
construction of this force in had n f d as of the signature date above.
3
13
OR BOOK 2590 PAGE 1443 ~
P14
~ OR BOOK 2590 PAGE 1444
NOTARY CERTIFICATE
STATE OF RIDA
cou~v~ r v c~u ~r d
The foregoing instrument was acknowledged before me this day of
2006 by Paul Romanowski, on beha(f of the company. she is perso
to me or has produced as i ntification.
t !`'e.cN~~E n
~ Typed, Printed, or Stamped Name of
~,E~'"-~~,= ALLEN No
~ MY ~P
~ ~pry Notary Public
~dTh"'""~"~~~~ Seria1Number
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 and Wastewater
Development Agreement.
WITNESSES: MORTGAGE HOLDER:
By:
Title:
Print Name:
NOTARY CERTIF'I TE
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowled before m is day of
, 20 by of , ,
on behalf of the corporation. He/she is personal or has p oduced
as identitication.
Signa f Notary
ed, Printed, or Stamped Name of
~Y
tary Public
'al Number
5
15
OR BOOK 2590 PAGE 1445
_ _ _
~
EXHIBIT "A"
PROPERTY DESCRIPTION
TRACT I i
THAT PART OF THE NORTHWEST 1/4 OF SECTION 26 LYING SOUTH OF STATE ROAD
#70 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST Z/2 AND THE
SOUTHWEST 1/4 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND NORTH OF
TEN MILE CREEK; ALL IN TOWNSHIP 35 SOUTH, RANGE 39 EAST, IN ST. LUCIE
COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM:
a) THE EAST 475.5 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION
26 LYING NORTA OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL
#71.
b) THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 27, LYING WEST AND SOUTH OF THE FOLLOWING
DESCRIBED LINE; BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER
OF SAID SOUTHWEST 1/4 OF SOUTHWEST 1/4 THENCE RUN SOUTH 00°92'20"
WEST ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST
THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29°48'25" EAST, 84.45
FEET; THENCE SOUTH 48°31'15" EAST, 93.71 FEET; THENCE NORTH 89°00'OS"
EAST 399.31 FEET; THENCE SOUTH 75°O1'30" EAST 436.70 FEET; THENCE
NORTH 47°47'95" EAST 496.34 FEET TO A POINT ON THE EAST LINE OF, AND I
349.06 FEET SOUTH OF, THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST
i/4 OF THE SOUTHWEST 1/4 OF SECTION 27.
c) THE NORTH 1/2 OE THE NORTHEAST 1/9 OF SECTION 27, NORTH OF STATE
ROAD #70.
d) THE FOLLOWING DESCRIBED BARN AND UTILITY EA; COL~IENCING AT THE
NORTHEAST CORNER OF SECTION 27, TOWNSfiIP 35 0 TH, RANGE 39 EAST, ST.
LUCIE COUNTY, FLORIDA; THENCB RUN SOOTH 0 00" EAST, ALONG THE
EAST LINE OF SECTION 27 A DISTANCE OF 208.39 FEE O THE SOOTH RIGHT-
OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ONG THE SAID SOUTH
RIGHT-~F-WAY ALONG A CURVE TO THE LEFT HAV A S OF 2 30.79 FEET; ~
A CENTRAL ANGLE OF 9°46'46" AN ARC DIST . TO E POINT OF
BEGINNING; THENCE ON A TANGENT BEAR G SOUTH 69 " WEST RUN I
386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO TH IGHT; THENCE
RUN WESTERLY AI,ONG THE CURVE HAVING A OF 7684.0 FEET THROUGH A
CENTRAL ANGLE OF 9°12'36" AND ARC D CE 564.61 FEET; THENCE RUN I
SOUTH 00°41'25" EAST A DISTANCE 243.7 FEET; THENCE RUN NORTH
89°33'35" EAST A DISTANCE OF 52 . FEET; ENCE RUN NORTH 27°48'35"
EAST A DISTANCE OF 720.0 FEET TO POINT F BEGINNING. ;
e) RIGHTS OF WAY FOR OKEECHOBEE ROAD . #7 , GENTILE ROAD, AND
NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT N0. 50 AND 51. I
f) A STRIP OF LAND 34.00 FEE , LOCATE IN SECTION 27, TOWNSHIP 'I~
35 SOUTH, RANGE 39 EAST, S. LUCIE CO , FLORIDA. SAID STRIP OF LAND I
LIES 17.00 FEET ON EACH SI OF THE FOLL NG DESCRIBED CENTERLINE WITH
THE S2DELINES EXTENDING R CONTRACTI AS NECESSARY TO FORM A I
CONTINUOUS LINE AND TO TE NATE NORTHER AT THE SOUTHERLY RIGHT-OF- ~I
WAY LINE OF STATE ROAD 70 TO TERMI E AT THE SOUT[iERLY END WITH
THE LINE PARALZEL WITH ND 56. EET OF A CONCRETE BRIDGE: I
I
16 I',
P16
~ OR BOOK 2590 PAGE 1446
CO[~RIENCE AT THE INTERSECTION OP THE SOUTH RIGHT-OF-WAY LINE OF STATE
ROAD 70 AND THE WEST LINE OF THE EAST 1/4 OF SAID SECTI~N 27, SAID
INTERSECTION POINT BEING A POZNT ON THE ARC OF A CURVE IN SAID SOUTH
RIGHT-OF-WAY LINE (RADIAL LINE THROUGH WHICH BEARS SOUTH 21°45'15"
EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
5863.58 FEET AND A CENTRAL ANGLE OF 00°20'S6", THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 35.71 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 00°38'06" EAST, ALONG A LINE PARALLEL WITH AND
17,00 FEET WEST OF (AS MEASURED AT RZGAT ANGLE TO) THE WEST BOUNDARY
LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN
EXHIBIT "A" IN OFFICIAL RECORDS BOOK 0959, PAGE 0721, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 239.59 FEET; THENCE SOUTH
45°38'06" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 84.88 FEET; THENCE
SOUTR 00°16'26" EAST, CONTINUING Ai~ONG SAID CENTERLINE, A DISTANCE OF
2474.77 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
g) ALSO LESS AND EXCEPT FROM TRACT 2 THOSE PORTIONS CONVEYED TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE
1841 AND DESCRIBED ON EXHIBIT A-1 ATTACHED HERETO.
TRACT II
THAT PART, IF ANY, OF THE SOUTA 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING
SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70)
LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND
DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LYING IN THE SOBTHWEST QC7ARTER OF SECTION 27, TOWNSHIP
35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, SEING MORE
PARTICULARI,Y DESCRIBED AS FOLLOWS:
TRACT GI-100-001
COMMENCE RT THE SOUTH QUARTER CORNER OF S 27, T ENCE SOUTH
89°57'32" WEST, ALONG THE SOUTH LINE OF S ISTANCE OF
38.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT- - AY LINE OF
CANAL N0. 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LU RIVER WATER
CONTROL DISTRICT INFORMP.TION MAP, DAT 1991, AN THE POINT OF
BEGItVNING; THENCE SOUTH 89°57'32" T, NG SAID SOUTH LINE OF
SECTION 27, A DISTANCE OF 1283.33 TO T SOUTHWEST CORNER OF THE
EAST HALF OF THE SOUTHWEST QUARTER SAID S TION 27;
THENCE NORTH 00°30'37" WEST, ALON TH LINE F SAID EAST HALF OF
THE SOUTHWEST QUARTER A DISTANCE OF 99 . FEE TO THE ZNTERSECTION
WITH THE APPROXIMATE NORTHERLY EDGE OF THE LE CREEK" TREE LINE,
AS NOW EXISTING AND LOCAT ENCE, GE LY FOLLOWING SAID
APPROXIMATE NORTH EDGE OF T - CREEK TREE LINE, THROUGH THE
FOLLOWING COURSES:
NORTH 88°34'48" EAST, A DIS NCE OF 109.43 EET;
NORTH 99°45'27" EAST, A DIS CE OF 339.50 EET;
NORTH 82°O1'30"EAST, A DIST OF 306.98 ET;
NORTH 10°98'09" WEST, ISTAN 90 EET;
7
17
OR BOOK 2590 PAGE 1447 "
SOUTH 84°36'S4" EAST, A DISTANCE OF 132.04 FEET;
SOUTH 53°34'52" EAST, A DISTANCE OF 104.68 FEET;
SOUTH 65°03'23" EAST, A DISTANCE OF 100.36 FEET;
SOUTH 89°41'10" EAST, A DISTANCE OF 72.20 FEET;
NORTH 67°36'38" EAST, A DISTANCE OF 133.18 FEET;
SOUTH 84°39'O1" EAST, A DISTANCE OF 113.63 FEET;
THENCE NORTH 60°38'17" EAST, CONTINUING ALONG SAZD TREE LINE, A
DISTANCE OF 31.98 FEET TO THE INTERSECTION WITH THE AFURESAID WEST
RIGHT-OF-WAY LINE OF CANAL N0. 93; THENCE SOUTH 00°99'00" EAST, ALONG
SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1310.58 FEET TO THE
INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 27 AND THE POINT
OF BEGINNING. .
TOGETHER WITH;
TRACT GI-100-004 A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION
26, THE EAST HALF OF SECTION 27, THE NORTHEAST QUARTER OF SECTION 34,
AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 35 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORZDA. SAID PARCEL OF LAt3D BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CO[~IENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE NORTH
89°57'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DZSTANCE OF
38.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CANAL
N0, 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT INEORMATION MAP, DATED MAY 1991, AND THE POINT OF
BEGINNING; THENCE NORTH 00°05'33" EAST, ALONG SAID EAST RIGHT-OF-WAY
LINE, A DISTANCE OF 0.21 FEET; THENCE NORTH 00°49'00" WEST, CONTINUING
ALONG SAID EAST RIGHT-OF'-WAY LINE, HEING A LINE PARALLEL WITH AND 38.00
FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE
EAST HALF OF SAID SECTION 27, TO THE INTERSECTION WITH THE APPROXIMATE
NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND
LOCATED, A DISTANCE OF 1352.74 FEET; TAENCE, GENERALLY FOLLOWING SAID
APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CR K" TREE LINE, THROUGH
THE FOLLOWING COURSES:
NORTH 60°38'17" EAST, A DISTANCE OF 117.01 FEE •
NORTH 41°90'21" EAST, A DISTANCE OF 154.40 FEET;
NORTH 66°23'44" EAST, A DISTANCE OF 383.09 FEET;
NORTH 71°02'30" EAST, A DISTANCE OF 934.92 ET•
THENCE NORTH 78°55'96" EAST, CONTINU ID PPROXIMATE
NORTHERLY EDGE OF THE "TEN-MILE CREE " TREE LINE, DISTANCE OF
244.28 FEET TO THE INTERSECTION WITH A LINE PARALLEL TH AND 50.00
FEET WEST OF (AS MEASURED AT RIGHT AN ) THE CENT INE OF A 13
FOOT WIDE CONCRETE BRIDGE SPANNING S "T MZLE CREEK"; THENCE NORTH
00°56'41" WEST, ALONG SAID LINE, A TANCE 51.53 FEET; THENCE NORTH
89°03'19" EAST, PERPENDICULAR TO PRECED G COURSE AND ALONG A LINE
PARALLEL WITH AND 50.00 FEET NOR (AS SURED AT RIGHT ANGLES TO)
THE NORTH EDGE OF THE AFORESAID RI , DIS NCE OF 100.00 FEET;
THENCE SOUTH 00°56'41" EAST, PERPENDICUL TH RECEDING COi3RSE AND
ALONG A LINE PARALLEL WITH AND 50.00 FE OF (AS MEASURED AT
RIGHT ANGLES TO) THE AFORES NTERLINE BRIDGE, A DISTANCE OF
118.74 FEET TO THE INTERSE E APPR IMATE CENTERLINE OF THE
AFORESAID MAIN CHANNEL OF EN-MILE C " AS ESTABLISHED BY THE SOUTH
FLORIDA WATER MANAGEMENT TRICT AND OWN ON MAP TITLED: "TEN-MILE
CREEK CROSS SECTIONS"; D ING N0. TMC- 0, SHEET 1 OF 7, DATED 18
FEBRUARY 1998; THENCE GENE LY FOLLOWIN AID APPROXIMATE CENTERLZNE
OF THE MAIN CHANNEL OF "TEN- E CREEK", OUGH THE FOLLOWING COURSES:
NORTH 72°53'13° EAST, DSST F 22 FEET;
ig
P18
~ OR BOOK 2590 PAGE 1448
NORTH 31°27'25" EAST, A DISTANCE OF 182.46 FEET;
NORTH 38°12'17" EAST, A DISTANCE OF 164.70 EEET;
NORTH 47°30'25" EAST, A DISTANCE OF 191.'72 FEET;
NORTH 24°44'45" EAST, A DISTANCE OF 343.88 FEET;
NORTH 72°56'07" EAST, A DISTANCE OF 289.86 FEET;
THENCE NORTEi 64°44'57" EAST, CONTINUING ALONG SAID APPROXIMATE
CENTERLINE OF THE MAIN CHAI3NEL OF "TEN-MILE CREEK", A DISTANCE OF
300.83 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID
EAST HALF OF SECTION 27, BEING ALSO THE WEST LINE OF THE AFORESAID WEST
HALF OF SECTION '1Ei THENCE NORTH O1°25'29" WEST~ ALONG SAID WEST LINE
OF SECTION 26, A DISTANCE OF 70.43 FEET TO THE INTERSECTION WITH THE
APPROXIMATE SOUTAERLY EDGE OF AN APPROXIMATE 10 FOOT WIDE FARM ROAD
LYING NORTH OF THE AFORESAID "TEN-MILE CREEK"; THENCE, GENERALLY
FOLLOWII3G SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, THROUGH THE
FOLLOWING COURSES:
NORTH 44°30'32" EAST~ A DISTANCE OF 55.73 FEETi
NORTH 02°14'35" EAST, A DISTANCE OF 29.17 FEET;
NORTH 29°10'24" WEST, A DISTANCE OF 102.31 FEET;
NORTH 51°00'19" WEST, A DISTANCE OF 36.96 FEET;
NORTH BO°32'09" WEST, A DISTANCE OF 30.54 FEET;
SOUTH 67°25'07" WEST, A DISTANCE OF 42.20 FEET;
50UTH 76°40'29" WEST, A DISTANCE OF 41.64 FEET;
SOUTH 52°13'22" WEST, A DISTANCE OF 94.16 FEET:
SOUTH 58°05'95" WEST, A DISTANCE OF 143.59 FEET;
SOUTH 87°51'97" WEST, A DISTANCE OF 178.12 FEET;
NORTH 79°O1'57" WEST, A DISTANCE OF 42.90 FEET;
NORTH 65°24`32" WEST, A DISTANCE OF 58.11 FEET;
NORTH 56°22'17" WEST, A DISTANCE OF 189.29 FEET;
NORTH 38°18'17" WEST, A DISTANCE OF 28.49 FEET;
NORTH 22°12'16" WEST, A DISTANCE OF 50.22 FEET;
NORTH 09°O1'50" WEST, A DISTANCE OF 130.42 FEET;
NORTH 02°19'37" EAST, A DISTP.I3CE OF 78.29 FEET;
NORTA 04°07'04" EAST, A DISTANCE OF 53.23 FEET;
NORTH 38°42'S1" EAST, A DISTANCE OF 156.53 FEE ,
NORTH 51°52'07" EAST, A DISTANCE OF 77.02 FEET~
NORTH 58°34'12" EAST, A DISTANCE OF 53.43 FEET;
NORTH 69°22'S7" EAST, A DISTANCE OF 70.21 FEET;
NORTfi 89°26'92" EAST, A DISTANCE OF ?6.27 T•
NORTH 15°16'12" EAST, A DISTANCE OF 112.4 ,
NORTH 37°46'94" EAST, A DISTANCE OF 94.36 FEET;
NORTH 57°16'14" EAST, A QISTANCE OF 39.20 FEET;
SOUTH 88°96'18" EAST, A DISTANCE OF 93 T;
SOUTH 53°30'16" EAST, A DISTANCE OF .35 T;
NORTH 86°37'30" EAST, A DISTANCE OF .97 FE ;
SOUTH 52°08'24" EAST, A DISTANCE 0 00.75 F T;
SOUTH 72°00'O1" EAST, A DISTANCE .34 T;
SOUTH 83°19'20" EAST, A DISTANCE 8 T;
NORTH 75°32'07" EAST, A DISTANCE OF 71.7 T;
NORTH 23°93'31" WEST, A DISTANCE OF 89.51 F ,
NORTH O1°00'12" EAST, A DISTAN 7.48 FEET
NORTH 24°04'05" EAST, A DIS . 4 FEE ,
NORTH 57°15'08" EAST, A DI NCE OF 15 6~FEET;
NORTH 37°07'16" EAST, A DI ANCE OF 105. FEET;
I30RTH 02°11'21" EAST, A DI ANCE OF 155.1 FEET;
NORTH B3°24'17" WEST, A DI CE OF 193.6 FEET;
NORTH 00°31'06" EAST, A DIS CE OF 27.5 EET;
NORTH 88°39'50" EAST, DIST F 5 FEET;
19
19
I
OR BOOK 2590 PAGE 1449 i
~
.
. . I
NORTH 87°11'S1" EAST~ A DISTANCE OF 472.35 FEETi
SOUTH 77°03'S1" EAST, A DISTANCE OF 64.97 FEET;
NORTH 66°06'47" EAST, A DISTANCE OF 135.09 FEET;
SOUTA 87°06'16" EAST, A DISTANCE OF 161.10 FEET;
SOUTH 73°32'28" EAST, A DISTANCE OF 163.92 FEET;
SOUTH 76°54'12" EAST, A DISTANCE OF 415.28 FEET;
THENCE SOUTH 75°14'll" EAST, CONTINUING ALONG SAID APPROXIMATE ~
SOUTHERLY EDGE OF A FARM ROAD, A DISTANCE OF 41.96 FEET TO THE I
INTERSECTION WITH THE WEST LINE OF THE EAST 475.5 FEET OF THE EAST HALF ~
OF THE NORTHWEST QUARTER OF AFORESAID SECTION 26; THENCE CONTINUE SOUTH
75°19'll" EAST,. DEPARTING SAID SOUTH LINE OF ROAD AND BEGIN FOLLOWING
THE APPROXIMATE NORTHERLY BANK OF THE MAIN CHANNEL OF "TEN-MILE CREEK",
A DISTAI3CE OF 341.02 FEET; THENCE SOUTH 79°04'29" EAST, CONTINUII3G
ALONG SAID APPROXIMATE NORTH BANK OF "TEN-MILE CREEK", A DISTANCE OF
118,12 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF
CANAL NO. 95 (67.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST
LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH
00°38'll" EAST ALONG SAID RZGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH
AND 33.50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) TO THE EAST LINE
OF THE AFORESAID WEST NALF OF SECTION 26, A DISTANCE OF 3924.30 FEET TO
THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTZON 26; THENCE NORTH
89°39'14" EAST, ALONG SAID SOUTH LINE OF SECTION 26, BEING ALSO THE
SOUTH RIGHT-OF-WAY LINE OF SAID CANAL NO. 95, A DISTANCE OF 33.50 FEET '
TO THE SOUTH QUARTER CORNER OF SAID SECTION 26; TFIENCE, DEPARTING SAID
CANAL RIGHT-OF-WAY LINE, BEAR SOUTH 00°11'08" EAST, ALONG THE EAST LINE
OF THE AFORESAID NORTHWEST QUARTER OF SECTION 35, R DISTANCE OF 2581.47
FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF CANAL 101
(98.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST. LUCIE RIVER
WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 89°45'23" WEST,
ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LIt3E PARALLEL WITH AND
49.00 FEET NORTH OF {AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF
THE AFORESAID NORTHWEST QUARTER OF SAID SECTI 35, A DISTANCE OF
2667.20 FEET; THENCE N~RTH 00°O1'15" EAST, G SAID WEST LINE OF
SECTION 35 AND CONTINUING ALONG SAID CANAL RIGHT-OF-WAY LINE, A
DISTANCE OF 13.93 FEET; THENCE SOUTH 89°53'33" EST, DEPARTING SAID
WEST LINE OF SECTION 35, ENTERING INTO AFORE D SECTION 34 AND
CONTINUING ALONG THE SAID NORTH RIGHT-OF F CAN N0. 101,
BEING A LII3E PARALLEL WITH AND 63.00 F S EASURED AT
RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORT QUARTER OF
SECTION 34, A DISTANCE OF 2607.86 FEET TO THE INTERS ION WITH THE i
AFORESAID EAST RIGHT-OF-WAY LINE O NO. 93 THENCE I30RTH I
00°05'33" EAST, ALONG SAID EAST RI -OF- LINE OF CANAL NO. 93, i
BEING A LII3E PARALLEL WITH AND 36.00 EET E~ OF (AS MEASURED AT RIGHT
ANGLES TO) THE WEST LINE OF THE AE SAID N HWEST QUARTER OF SECTION
34, A DISTANCE OF 2565.84 FEET TO INT BEGINNING. I
TOGETHER WITH: ~I
COMMENCING AT THE NORTHEAST C F SECTIO 7, TOWNSHIP 35 SOUTH, I
RANGE 39 EAST~ ST. LUCIE Y, DA; T CE RUN SOUTH O1°19 00"
EAST, ALONG THE EAST LINE F SECTION A DISTANCE OF 208.39 EEET TO i~
THE SOUTH RIGHT-OF-WAY OF ATE ROAD 70, HENCE RUN WESTERLY ALONG THE
SAID SOUTA RIGHT-OF-WAY AL G A CURVE TO THE LEFT HAVING A RADIUS OF
2730.79 FEET; A CENTRAL ANG OF 9°96'96" N ARC DISTANCE OF 466.10 TO
THE POINT OF BEGINNING; TH ON A T NT BEARING SOUTH 64°03'35" j
WEST RUN 386.92 FEET A PO C URE OF A CURVE TO THE RIGHT; '
20 II
P20 'i
i
' OR BOOK 2590 PAGE 1450
THENCE RUN WESTERLY ALONG THE CDRVE HAVING A RADIUS OF 7684.0 FEET
THROUGH A CENTRAL ANGLE OF 4°12'36" AND ARC DISTANCE OF 564.61 FEET;
THENCE RUN SOUTH 00°41'25" EAST A DISTANCE OF 243.75 FEET; THENCE RUN
NORTH 89°33'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH
27°48'35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEING A TRACT OF LAND SN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 35
SOUTH. RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 27,
TOWNSHIP 35 SOUTH RANGE 39 EAST; THENCE N 69°49'26" W ALONG THE SOUTH
LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 1,862.86 FEET, TO THE EAST
LINE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1516, PAGE 647, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 00°10'35" E,
ALONG SAID EAST LINE, A DISTANCE OF 990.29 FEET, TO THE SOUTHERLY RIGHT
OF WAY LINE OF STATE ROAD 70 (ALSO KNOWN AS OKEECHOBEE ROAD); THENCE
ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND
DISTANCES;
THENCE N 75°57'58" E A DISTANCE OF 344.24 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17,322.74 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.66
FEET THROUGH A CENTRAL ANGLE OF 00°06'17" TO THE WESTERLY LINE OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 283, PAGE 2566, ST. LUCIE COUNTY,
ELORIDA; THENCE ALOI3G THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES
OF SAID LANDS BY THE FOLLOWING COURSES AND DISTANCES;
THENCE S 12°95'10" E A DISTANCE OF 202.41 FEET;
THENCE N 76°30'S0" E A DISTANCE OF 154.69 FEET;
THENCE N 12°45'10" W A DISTANCE OF 209.6'7 FEET;
TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE, CONCAVE TO THE
NORTEIEAST HAVING A RADIUS OF 17,322.74 FEET, THE CHORD OF WHICH BEARS
N 79°37'3Q" E, AND BEING THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70
(OKEECHOBEE ROAD); THENCE NORTHEASTERLY ALONG T ARC OF SAZD CURVE, A
DISTANCE OF 438.14 FEET THROUGH A CENTRAL OF O1°26'57" TO THE
INTERSECTION WITH THE WESTERLY LINE OF T LANDS DESCRIBED IN
OFFICZAL RECORDS BOOK 1907, PAGE 2822, OF THE BLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY SOUTHERLY BOUNDARY
OF SAID LANDS BY TAE FOLLOWING COURSES AND STAN ,
THENCE S 20°51'45" E A DISTANCE OF 170.74 ,
THENCE N 64°08'45" E A DISTANCE OF 100.00 FEET TO THE WEST CORNER
OF THOSE LANDS DESCRIBED ZN OFFICIAL RECORDS BOOK 1408 AGE 0031, OF
THE PUBLIC RECORDS OF ST. LUCIE CO FLORIDA; T CE ALONG THE
WESTERLY, SOUTHERLY AND EASTERLY BOU IES OF LASTLY AFORESAID
LANDS BY THE FOLLOWING COURSES AND TANCES;
THENCE S 05°53'26" E A DISTANCE OF 3.78 FE ;
THENCE N 64°04'49" E A DISTANCE OF 83 F ;
THENCE f1 00°23'15" W A DISTAN .89 F T TO THE POINT OF
INTERSECTION WITH THE SAID SOUTH RIGHT- - Y E OF STATE ROAD 70
(OKEECHOBEE ROAD); THEI3CE N 71°5B'22" E, AL ID SOUTH RIGHT-OF-WAY
LINE, A DISTANCE OF 255.10 FE HE INTERS ION WITH THE EAST LINE
OF SAID NORTHWEST 1/4; TH S °'94" E, ALONG SAID EAST LINE A
DISTANCE OF 1524.65 FEET T HE POINT EGINNING.
TOGETAER WITH THE FOLLOWIN TRACT:
TRACT NO. GI-100-004 INGRES RESS ROAD
~ 21
21
I
OR BOOK 2590 PAGE 1451 j
I
A STRIP OF LAND 34.00 FEET IN WIDTH, FOR INGRESS AND EGRESS PURPOSES,
LOCATED IN SECTION 27, TOWNSHZP 35 SOCiTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA. SAID STRIP OF LAND LIES 1'7.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING OR i
CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO TERMINATE I
NORTHERLY AT THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD "]0 AND TO ,
TERMINATE AT THE SOUTHERLY END WITH THE LINE PARALLEL WITH AND 50.00
FEET NORTEi OF A CONCRETE BRIDGE:
CONIlr1ENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ~
ROAD 70 (A 200.00 FOOT WIDE RIGHT-OF-WAY) AND THE WEST LINE OF THE ~
NORTHEAST 1/9 OF THE NORTHEAST 1/4 OF SAID SECTION 27, SAID ~
INTERSECTION POINT BEING A POINT ON TIiE ARC OF A CURVE ON SAID SOUTH I
RZGHT-OF-WAY LINE (A RADIAL LINE TO SAID POINT BEARS SOUTH 21°52'08"
EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
7684.00 FEET AND A CEI3TRAL ANGLE OF 00°15'S7", THENCE SOUTHWESTERLY !
ALONG TAE ARC OF SAID CURVE, A DISTANCE OF 35.66 FEET TO TFiE POINT OF j
BEGINNING; THENCE SOUTH 00°41'25" EAST, ALONG A LINE PARALLEL WITH AND ~
17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST BOUNDARY 'I
LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN
EXHIBIT 'A IN OFFICIAL RECQRDS BOOK 0959, PAGE 0721, PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 239.59 FEET; THENCE SOUTH
45°41'25" EAST, ALONG SAID CENTERLINE~ A DISTANCE OF 84.88 FEET; THENCE
SOUTH 00°19'45" EAST, CONTZNUING ALONG SAID CENTERLINE, A DISTANCE OF
2478.30 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
CONTAINING 2.186 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWZNG TRACT:
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTI 6; THENCE SO1°25'29"E
A DISTANCE OF 1374.42 FEET; THENCE N88°39'S0"E DISTANCE OF 311.97
FEET TO THE POINT OE BEGINNII3G OF THE FOLLOWING DE IBED PARCEL;
THENCE CONTINUE N88°39'50"E A DISTAN F T TO THE
INTERSECTION WITH A NON TANGENT CURVE CO CAVE TO THE EST, HAVING
A RADIUS OF 325.00 FEET, THE CHORD OF WAICH BEARS S30° '26"W; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID A DISTAt3C OF 20.37 FEET
THROUGH A CENTRAL ANGLE OF 03°35'29 0 INTERSECTION WITH A NON
TANGENT CURVE CONCAVE TO THE NORTH , HAVI A RADIUS OF 275.00 FEET,
THE CHORD OE WHICH BEARS S38°10' W; THE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE~ A DISTANCE OF . 5 FEE THROUGH A CENTRAL ANGLE OF
19°11'56" THENCE N02°11'21"E D OF 33.93 FEET; THENCE
N83°24'17"W A DISTANCE OF 193.64 FEET; T NO 1'06"E A DISTANCE OF
27.52 FEET TO THE POINT OF HEGINNII3G.
CONTAINING 0.254 RCRES, MOR
22
P22
~ OR BOOK 2590 PAGE 1452
EXHIBIT B
SCHEDULE OF FEES
CONNECTION CHARGE3
265 ERC's x$5630.00 per ERC $1,491,950.00
(Al~UNT DUE UPON E7~CUTION OF AGREII~NT. -$683,179.00
SUBJECT TO $683,170.00 CREDIT PER $808,780.00
3ECTZON 16 ABOVE)
GUARANTEED REVENVE FEES:
TAA 265 ERC's x$360.00 per ERC $129,600.00
(AMOUNT DUE UPON E3~CUTION OF AGREEMENT)
FPUA GVARANTEED REVENUE F'EES: $152.28/ERC/year
In accordaaco with FPUA'a currant poliaiae,
fee shown is to be paid to the Utility (for
aubsequent payment to FPUA)on each saniveraary
date of thia agreemant for all ERCs not yet
conneeted to the water and wastewater syatema.
SEMI130LE TRIBE REFUND CHARGES '
265 ERC's x$1200.00 per ERC $318,000.00
(AMOUNT DUE UPON E}~CUTION OF AGREEMENT)
SPEC PACKAGE INVOICE $20,000.00
(AMOUNT DUE UPON S}~CIITION OF AGREEMENT)
TI~NK PLANS and TANK CZ~l.S INVOICE $131, 0 0 0. 0 0
(AMOUNT DUE UPON EXECUTION OF AGREEt~NT)
DOCUMENT RECORDING E'EE: (25 PAGES)
($10.00 first page/$8.50 additional 214.00
(AMOUNT DUE UPON E~CUTION OF A6RE NT)
p~ gE~~ ~g $1,000.00
(MINIIlUM OF $1,000.00 DUE UPON
OF AGREEI~NT, WITH ACTUAL COS AY
PRIOR TO REGUI,ATORY SIGN-OFF
INSPECTION F'EES $55,073.00
(2~ OF THE PROJECT ENGINEER'S CERT
CONSTRUCTION COST E3TILD~TE NOT INCL
TANK, WITH AMOUNT DUE REGULATO
SIGN-OF'F)
ADMINISTRATZON FEE: $20,000.00
(MIN2MUM OF $20,000. DUE UPON E}~ TION
OF AGREEMENT, WITH A COST PAY
PRIOR TO METER SET FO IRST USER)
23
23
OR BOOK 2590 PAGE 1453 ~
WATER METER/BACKFLCIW CHARGE:
(TO BE PAID PRIOR TO METBR SST E'OA EACH USER:
UTILITY WII+L PROVIDB RADIO-READ WATER METERS
FOR ALL t~TER 5ET3 WITHIN THE PROPERTY. PROPBRTY
OWNER TO PROVID& APID INSTALL I~TER BO~S)
WATER SECURITY DEPOSIT:
(TO BE PAID PRIOR TO METER SET FOR EACH USER)
WASTEWATER SECURITY DEpOSIT:
(TO BE PA2D PRIOR TO METER SET FOR BACH USER)
AMOUNT REQUIRED TO BE PAID AT E7~CUTION OF AGREEI~,NT $1,428,594.00
24
P24
, OR BOOK 2590 PAGE 1454
EXHIBIT C
UNIFORM EXTENSION POLICY EXCERPT
3 C. REIMBURSEMENT FOR ADVANCE MASTER PLAN FUNDING PROGRAM
In order to ex~dite construction of Master Plan utility facilities to provide service to a
Property Owner in advance of the time when the demand for such facilities would make
such construction financially feasible, a Property Owner may elect to participate in an
Advance Master Plan Funding program (an "AMPF'~. Upon receipt of a request to
participate in an AMPF, Utility shall determine the amount of funding which the Property
Owner would be required to fund ("AMPF Funding Requirement'~ to participate in the
ANIPF. The AMPF Funding shall be included as a Special Condition in the SDA to be
entered into between the Property Owner and Utility.
Utility shall reimburse a Property Owner's AMPF Funding, plus simple interest on the
outstanding balance of the AMPF Funding at the rate of 5°/a, in accordance with the
following terms. Utility shall establish an AMPF Funding Reimbursement Pool
("Reimbursement Pool") on which Utility shall account for all Property Owners who have
participated in a particulaz round of AMPF funding (including the County to the extent that
County has loaned Utility monies to advance fund master plan utility facilities). Property
Owners participating in the same AMPF shall have their AMPF Funding placed in the Pool
on an equal pro rata basis. Pool reimbursements shall be made on a first in time basis, with
full reimbursement being made to the first Pool in time before reimbursement begin on a
second or subsequent Pools in time.
Utility shail reimburse AMPF Funding within a Pool by crediting the Pool with the "Net
Water and Sewer Connection Charges" (as defined bel ) collected by Utility from
Property Owners entering into SDA after the date of estab ' nt of the Pool (or if no SDA
is required, initiating service aRer the date of establishment the Pool). The term "Net
Water and Sewer Connection Chazges" means the tal Wa and Sewer Connection
Charges actually collected from a Property Own b the ol geographic
boundary established by Utility, less any amounts req ired to be pai t. Pierce Utility
Authority (or other wholesale utility capacity provider to Utility), less any amount
required by Utility to extend the master planne such Prop wner. Utility shall
pay each AMPF Funding participant within ool a Rata Shaze of the Net Water and
Sewer Connection Charges received by U'' on a erly basis. The term "Pro Rata
Share" means the ratio of each AMPF F p~ ant's AMPF Funding to the total
amount of AMPF Funding within the Po~ . For e, if Pool had two participants,
one with an AMPF Funding and accrued interest of 0 d the second with an AMPF
Funding and accrued interest of $200.00 'cipant one's Rata Share would be 1/3 and
pazticipant rivo's Pro Rata Sh 2/3. tility shall continue making
reimbursement until no fiuther ce due to F Funding participants remains in the
Pool.
25
25
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E Thia map is a conceptual tool utilized (or project development N
F°P qOe \ only.Though the infortnation prmided by this map is accepted
~ ~ ` to be accunte for the City's Administrative purposes, it is not
1~ to be used Tw technical purposers. Any informatlon, includinq ~~~1~ W E
but not limited to software and data, received trom City of FL ~BOUR POINTE C11~IL~
I Pieree in fulfillment of a public records request is provided
d1a / "AS IS" without warranty of any kind. Any information c
~ e~~yE, provided by this map to be used for purposes other than
reference must be confirmed by Beld survey. Aerial photo ~RCH 2 ~ 0 g 1"= 450 ~
taken Jan 2008 Ci of Ft Pierce En ineerin De t
Public Facility Fiscal Level of Service
Year
Fishing Pier Ongoing 1,600 linear feet/25,000 population
Multi-Purpose/Soccer Ongoing 1 field/3,000 population
Field
Picnic Area Ongoing 1 acre/2,500 population
Recreation Trail Ongoing 1.22 mile/10,000 population
Swimming pool Ongoing 1 pool/50,000 population
Tennis Ongoing 1 court/2,000 population
10.3 Objective:
The Ciry of Fort Pierce Planning Department will be responsible for determining
the concurrency for all applications of development orders for certificate of use,
final site plans andlor final subdivision plans.
10.3.1 Policy:
When reviewing applications for plans far such development orders, the
Planning Department shall perform a Concurrency Assessment to ensure
that public facilities are available concurrent with the impacts of the
proposed development.
10.3.2 Policy:
A Concurrency Assessment will determine if there is adequate capacity in
each of the public facilities to accommodate the impact of the existing
population, vested and exempt development projects, previously
permitted development projects and the proposed new development
project at or above the adopted Level of Service.
10.3.3 Policy:
A Certificate of Concurrency may be issued when a concurrency
evaluation and test has been conducted and that the tests indicate that
facility capacities for the proposed development are available at the
adopted Levels of Service.
10.3.4 Policy:
If a public facility is not meeting level of service standazds or if the
proposed development will cause the facility to fail its level of service
standards, the City may enter into an agreement for proportionate fair
shaze mitigation.
10.3.5 Policy:
Upon execution of a proportionate fair share agreement, applicants for
development shall be entitled to receive a Conditional Certificate of
Concurrency. The Conditional Certificate of Concurrency and related
development order will be conditioned on the satisfactory execution of
the provisions of a development agreement.
City of Fort Pierce Comprehensive Plan Page 10-9 Concurrency Management
May 2007
P1
~
10.3.6 Policy:
The Certificate of Concurrency, whether or not it's conditioned, shall
have a term equivalent to the term of the related development order,
unless a different term is agreed by the City and specified in the
development order.
10.3.7 Policy:
A Certificate of Concurrency and the related development order may be
applicable to more than (1) phase of a multi-phase development. T'he
Certificate shall specify the amount of capacity reserved and the
scheduled build-out date for each phase.
10.3.8 Policy:
The Certificate of Concurrency may include conditions of approval,
which are deemed necessary for concurrency to be ensured.
10.4 Objective:
Assess new development and redevelopment a proportionate fair share of the
public faciliry costs necessary to accommodate the impacts of new development
at the adopted levels-of-service through the enforcement of existing public
facility funding mechanisms and impact fees. Public facilities include potable
water, sanitary sewer, solid waste, drainage, parks and roadways.
10.4.1 Policy:
A development may proceed if the City agrees to include required
facilities to the Schedule of Capital Improvements.
10.4.2 Policy:
Coordinate with other agencies whose facilities aze impacted by
development on proportionate fair share obligations.
10.4.3 Policy:
Transportation improvements shall mitigate the overall network, be
financially feasible, mutually agreed upon and be in place concurrent with
the impacts of development as per policy 10.5.1.
10.4.4 Policy:
The City shall continue to enforce regulations in the City's land
development code regazding proportionate fair share mitigation.
10.4.5 Policy:
All payments for proportionate fair share contributions are due in full
prior to issuance of the final development order or recording of the final
plat.
10.5 Objective:
Monitor and ensure adherence to the adopted level of service standards and the
availability ofpublic facility within appropriate timeframes.
City of Fort Pierce Comprehensive Plan Page 10-10 Concurrency Management
May 2007
P2
Transportation
10.5.1 Policy:
Prior to the issuance of any development order for new development or
redevelopment, transportation public facilities needed to support the
development at adopted LOS standazds must meet one of the following
timing requirements:
• The necessary facilities and services are in place or under
construction; or
• The development order includes the conditions that the necessary
facilities and services needed to serve the new development are
scheduled to be in place or under actual construction not more
than three years after issuance of a building permit or its
functional equivalent as provided in the adopted Five-Year
Schedule of Capital Improvements.
. The necessary facilities and services are guaranteed in an
enforceable development agreement, pursuant to Section
163.3220, F.S., to be in place or under actual construction no
more than three years after the issuance of a building permit or it
functional equivalent.
• The necessary facilities and services are guaranteed in an
enforceable proportionate fair share agreement pursuant to Section
1633180. F.S. and the City of Fort Pierce's Code of Ordinances.
Sanitary Sewer, Solid Waste, Drainage and Potable Water
10.5.2 Policy:
Prior to the issuance of any development order for new development or
redevelopment, sanitary sewer, solid waste, drainage and potable water
facilities needed to support the development at adopted LOS standards all
must meet one of the following timing requirements:
• The necessary facilities and services are in place or under
construction; ar
• The development order includes a condition that at the time of the
issuance of a certificate of occupancy or its functional equivalent,
the necessary facilities and services are in place and available to
serve the new development; or
• The necessary facilities and services are guaranteed in an
enforceable development agreement, pursuant to Section
163.3220, F.S., or an agreement or development order issued
pursuant to Chapter 380, F.S., to be in place and available to serve
new development at the time of the issuance of a certificate of
occupancy.
• Prior to approval of a building permit, the City shall consult with
the Fort Pierce Utility Authority to determine adequate water
supplies to serve the new development will be available no later
than the issuance of a certificate of occupancy.
City of Fort Pierce Comprehensive Plan Page 10-11 Concurrency Management
May 2007
P3
ARTICLE XIV. CONCURRENCY MANAGEMENT Page 12 of 15
a. The city adopts, by resolution or ordinance, a commitment to add the
improvement to the five-year schedule of capital improvements in the CIE no
later than the next regularly scheduled update. To qualify for consideration under
this section, the proposed improvement must be reviewed by the city
commission, and determined to be financially feasible pursuant to F.S. §
163.3180(16)(b)1, consistent with the comprehensive plan, and in compliance
with the provisions of this ordinance. Financial feasibility for this section means
that additional contributions, payments or funding sources are reasonably
anticipated during a period not to exceed five (5) years to fully mitigate impacts
on the transportation facilities.
b. If the funds allocated for the five-year schedule of capital improvements in the
city's CIE are insufficient to fully fund construction of a transportation
improvement required by the CMS, the city may still enter into a binding
proportionate fair-share agreement with the applicant authorizing const~uction of
that amount of development on which the proportionate fair-share is calculated if
the proportionate fair-share amount in such agreement is sufficient to pay for one
or more improvements which will, in the opinion of the governmental entity or
entities maintaining the transportation facilities, significantly benefit the impacted
transportation system. The improvement or improvements funded by the
proportionate fair-share component must be adopted into the five-year capital
improvements schedule of the comprehensive at the next annual capital
improvements element update.
c. Any improvement project proposed to meet the developer's fair-share
obligation must meet applicable design standards of the jurisdiction which
controls.
d. It shall be in the city's sole discretion whether the requested addition to the
CIE shall be added.
(b) Intergovemmental coordination. Pursuant to policies in the Intergovernmental Coordination
Element of the city's comprehensive plan and applicable policies in the strategic regional policy
plan for the treasure coast, the city shall coordinate with affected jurisdictions, including St.
Lucie County and FDOT, regarding mitigation to impacted facilities not under the jurisdiction of
the local government receiving the application for proportionate fair-share mitigation. An
interlocal agreement may be established with other affected jurisdictions for this purpose.
(c) Determining proportionate fair-share obligation.
(1) Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and construction
and contribution of facilities.
(2) A development shall not be required to pay more than its proportionate fair-share.
The fair market value of the proportionate fair-share mitigation for the impacted facilities
shall not differ regardless of the method of mitigation.
(3) The methodology used to calculate an applicant's proportionate fair-share obligation
shall be as provided for in F.S. § 163.3180(12), as follows:
"The cumulative number of trips from the proposed development expected to reach
roadways during peak hours from the comp/ete build out of a stage or phase being
approved, divided by the change in the peak hour maximum service volume (MSV) 01
roadways resulting from construction of an improvement necessary to maintain the
adopted LOS, multiplied by the construction cost, at the time of developer payment, 01
the improvement necessary to maintain the adopted LOS."
OR
http://library6.municode.com/default-test/DocView/ 103 03/ 1/ 146/ 160?hilite=proportionate;... 3/27/2009
ARTICLE XIV. CONCURRENCY MANAGEMENT Page 13 of 15
Proportionate Fair-Share =>~((Development Trips i)/(SV Increase i)J X Cost i]
TABLE INSET:
Where:
Deve/opment Those trips from fhe stage or phase of development under review that
are assigned to roadway segment "i" and have triggered a deficiency per
Trips i= the concurrency management system;
SV /ncrease i Service volume increase provided by the eligible improvement to
= roadway segment "i" per section E;
Adjusted cost of the improvement to segment "i'; Cost shall include all
improvements and associated costs, such as design, right-of-way
Cost i= acquisition, planning, engineering, inspection, and physical development
costs directly associated with construction at the anticipated cost in the
year it will be incurred.
(4) For the purposes of determining proportionate fair-share obligations, the director of
planning shall determine improvement costs based upon the actual and/or anticipated
cost of the improvement as obtained from the capital improvements element, the MPO
transportation improvement program or the FDOT work program. Where such
information is not available, improvement cost shall be determined using one of the
following methods:
a. If the city has accepted an improvement project proposed by the applicant,
then the value of the improvement shall be based on an engineer's certified cost
estimate provided by the applicant and approved by the director of planning.
(5) If the city has accepted right-of-way dedication for the proportionate fair-share
payment, credit for the dedication of the non-site related right-of-way shall be valued on
the date of the dedication at one hundred twenty (120) per cent of the most recent
assessed value by the county property appraiser or, at the option of the applicant, by fair
market value established by an independent appraisal approved by the city and at no
expense to the city. The applicant shall supply a drawing and legal description of the
land and a certificate of title or title search of the land to the city at no expense to the
city. If the estimated value of the right-of-way dedication proposed by the applicant is
less than the city estimated total proportionate fair-share obligation for that development,
then the applicant must also pay the difference. Prior to purchase or acquisition of any
real estate or acceptance of donations of real estate intended to be used for the
proportionate fair-share, public or private partners should contact the FDOT for essential
information about compliance with federal law and regulations.
(d) Impact fee credit for proportionate fair-share mitigation.
(1) Where mitigation is occurring on county roads, proportionate fair-share contributions
shall be applied as a credit against impact fees to the extent that all or a portion of the
proportionate fair-share mitigation is used to address the same capital infrastructure
improvements contemplated by the St. Lucie County impact fee ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed
development. Impact fees owed by the applicant will be reduced per the proportionate
fair-share agreement as they become due per the county's impact fee ordinance. If the
applicant's proportionate fair-share obligation is less than the development's anticipated
road impact fee for the specific stage or phase of development under review, then the
applicant or its successor must pay the remaining impact fee amount to the county
pursuant to the requirements of the St. Lucie County impact fee ordinance.
http://library6.municode.com/default-test/DocView/ 10303/1 /146/ 160?hilite=proportionate;... 3/27/2009
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~ but not limited M software and daW, received from City of Ft pLEANDER AVE
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\ r "AS IS" wiMout warranty of any kind. Any informatlon
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reference must be confirmed by Reld survey. Aerial photo ~
taken Jan 2006, City of FL Pierce Engineering Dept ~1RCH 2 0 0 9 - 00~ ~
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