Prepared by and Return To: Revised 8-9-2017

Prepared by and Return to: Revised 8-9-2017 Fort Pierce Utilities Authority Attn: R. N. Koblegard, III Courthouse Box 145

WATER AND WASTEWATER SUPPLY AGREEMENT

THIS AGREEMENT is made and entered into this ___ day of ______, ______, by and between FORT PIERCE UTILITIES AUTHORITY (hereinafter referred to as “FPUA”), and ______(hereinafter referred to as “Customer”), and ______hereinafter referred to as “Project Engineer”). The Project name is ______hereinafter referred to as the “Project”).

WITNESSETH:

WHEREAS, FPUA is the governing body authorized to enter into agreements relating to the use of water and wastewater supply to the City of Fort Piece; and

WHEREAS, the Customer owns property located in St. Lucie County, Florida, as more fully described in Exhibit A attached hereto and made a part hereof and hereinafter referred to as “Property”, whereupon the Customer is contemplating the development of the Project; and

WHEREAS, FPUA has determined that it is in the best interests of FPUA, its customers and the City of Fort Pierce to extend water and wastewater facilities to the Project;

NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby covenant and agree as follows:

1. The foregoing statements are true and correct.

2. System - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter “the System) are required to serve the entire Project: ______, in accordance with the approved plans for the System prepared by ______and submitted and accepted by FPUA. The customer requires an allocation of ______water Equivalent Residential Connections (hereinafter ERCs) at 300 gallons per day and an allocation of _____ wastewater ERCs at 240 gallons per day and shall contribute to the FPUA emergency generator fund for the proposed lift station(s). Capital Improvement and Emergency Generator Charges as follows: ______Water ERCs at $920.5 per ERC = $______Wastewater ERCs at $2,815 per ERC = $______Lift Station Generator(s) at $5,000/ea. = $______

Payment of these Capital Improvement Charges and Emergency Generator Fee in the total amount of $______shall be submitted with this signed Agreement (Check No. ______, paid ______, 201_). In the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, including, but not limited to, Capital Improvement Charges required for the additional demand.

3. Service Contingency - The Customer understands that at the execution of this Agreement, the Customer shall be granted an interim capacity to connect at the FPUA’s discretion ______

[Consult you FPUA Project Manager for project specific service contingencies]

Build out capacity for the Project shall be contingent upon;

A. ______List items required ______

FPUA shall make its best efforts to construct or cause to be constructed the aforementioned improvements in a timely manner. FPUA shall be held harmless for the construction time frames of these improvements. The Customer shall have the right to construct any improvements listed above to facilitate the Project’s schedule contingent on approval to do such by FPUA.

4. Permits - Upon execution of this Agreement by FPUA, FPUA will sign FDEP general permits for the Project. FPUA will sign FDEP Permit certifications when all applicable terms and obligations of this Agreement have been met by the Customer.

5. Title - Upon execution of this Agreement, the Customer, at its expense, agrees to furnish FPUA with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Agreement. The Customer must either submit a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or lien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder.

2 The title policy or letter must be issued within thirty (30) days of the execution of this Agreement by FPUA.

6. Project Engineer - The Customer shall retain a registered professional engineer (“Project Engineer”) to perform all duties defined by this Agreement. The Project Engineer shall adhere to all FPUA Standards and Specifications provided to the public by FPUA in reference to construction of utilities and connection to FPUA’s water and wastewater systems.

7. Easements - The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in Agreement, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event FPUA is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easement(s) for such installation, which easement(s) shall be recorded in the Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain written approval from FPUA prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA’s consent to an encroachment, Customer or the successor owner(s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, the Customer or successor owner(s) of the portion of the Property affected shall immediately remove the encroachment from the easement upon the request of FPUA at Customer’s or successor owner(s)’ sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the easement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement. All easements shall be prepared and recorded by FPUA’s attorney. All preparation, recording fees, etc. for Easements that are for the benefit of the Customer shall be paid for by the Customer directly to FPUA’s attorney at the time of execution.

8. Construction - The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review and acceptance by FPUA. Approval of the design documents, plans and specifications is valid for one year from 3 the date of approval. FPUA reserves the right to require the resubmittal of the design documents, plans and specifications if construction of the project has not commenced within six months. The accepted design documents will serve as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. If FPUA determines there are deficiencies in the contract documents, materials or installation of materials, the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies. The review and evaluation of bids or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. In the event that the Project is to be constructed in phases, the Customer and Project Engineer shall furnish a complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow phasing or may require modification to the submitted phasing plan to ensure that no negative effects are placed on the FPUA water or wastewater system.

9. Submittals - Customer and Project Engineer will furnish to FPUA accepted shop drawings, change orders, Project certifications, record drawings and reports of construction inspection by a FPUA-approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications.

10. Record Drawings - Preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole responsibility of the Project Engineer. Record drawings, signed and sealed by the Project Engineer, must be provided in accordance with FPUA Standards and Specifications. Should major discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a notice with the Florida Board of Professional Engineers.

11. Offsite Improvements – [If no offsite improvements are proposed, then delete the remainder of this section and insert N/A] Customer agrees to construct the System in accordance with the approved plans and specifications at its sole expense up to acceptance of the System by the FPUA, including but not limited to, fees and costs associated with the Project for consultants, testing, permitting, utility connections, surveying, legal, construction, construction management, certification, bonds, warranties, record drawings or any other fees and costs required to complete the Project. The timely payment by Customer of all fees and costs in accordance with the terms set forth herein shall be considered essential to the continued performance by FPUA of the terms and conditions of this Agreement. In order to ensure construction of the offsite improvements required for the System, the Customer shall provide FPUA with Security Exhibit “D” in the amount of $______, which represents one hundred percent (100%) of the estimated construction costs of the required offsite improvements. Attached Exhibit "C" sets forth the materials and installation costs of the offsite improvements. Customer shall provide the Security within sixty (60) days of 4 the execution of this Agreement by FPUA. If Customer fails to commence construction of the offsite improvements as defined in Exhibit "B" and more specifically defined in the approved plans provided by ______within 180 days from the date of execution of the Agreement, FPUA may claim all monies secured by Exhibit "D", the approved offsite design provided by______, and all permits executed in conjunction with the Project in order to construct the offsite improvements without recourse from Customer or its successors or assigns. Any funds in excess of the actual construction cost shall be to the benefit of the Customer and shall be returned to Customer within sixty (60) days of the certification and acceptance by FPUA of the offsite improvements. The Customer will be liable and responsible for any cost overruns or other amounts in excess of contract price.

12. Upsizing by FPUA - [If no upsizing is proposed, then delete the remainder of this section and insert N/A] In the event that the Project is upsized or extended to the benefit of FPUA, as follows: ______as described in Offsite Improvements, Exhibit “B”; FPUA, at its sole discretion, shall contribute an amount not to exceed $______to the Project. The parties acknowledge that, in the event that FPUA contributions exceed $25,000.00, FPUA Board approval is required. Payment of the FPUA contribution shall be made to the Customer within sixty (60) days of acceptance of the offsite improvements by FPUA.

13. FPUA Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Complete as-built plans, including hard copy and electronic media when utilized, will be submitted to FPUA upon completion of construction.

14. Project Engineer Inspections - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications.

15. Transfer of System to FPUA - Customer and Project Engineer will provide final cost and quantities to FPUA prior to FPUA’s acceptance of the System. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of the System for operation and maintenance purposes. Such conveyance is to take effect upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer. As further evidence of the transfer of title, upon the completion of the installation and prior to the rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form 5 approved by FPUA’s counsel, the complete on-site and off-site potable water distribution and wastewater collection system as constructed by Customer and approved by FPUA, along with documentation of Customer’s costs of construction and Customer’s No Lien Affidavit, in form approved by FPUA’s counsel. Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA all easements and/or rights-of-way covering areas in which potable water and wastewater lines are installed by a recordable document in a form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable water and wastewater facilities transferred to or owned by FPUA. The Customer, through its counsel, will certify that the Customer has the right to convey such easements or rights-of-way and further certifying FPUA’s right to the continuous enjoyment of such easements or rights-of-way for those purposes as set forth in this Agreement.

16. Warranty - The Customer agrees to assign to FPUA a one-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the design, materials or installation. The warranty will begin on the date of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as possible or reimburse FPUA for any work performed by FPUA to correct the deficiencies.

17. Ownership of System - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property shall at all times remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA shall have the exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of each residence or building constructed thereon.

18. Meters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer is connected to the facilities. Customer agrees to notify purchaser of lots, if applicable, of the provisions of this paragraph.

19. Guaranteed Revenue Charges - Annual Guaranteed Revenue Charges (GRCs), as described in the current FPUA Resolution, will be assessed to all units not connected to water/wastewater services within one (1) year from the date of execution of this Agreement signed by FPUA. Failure to promptly pay FPUA invoiced GRCs is cause for Termination. (also took out resolution number) Customer agrees to notify purchaser of lots, if applicable, of the provisions of this paragraph.

20. Annexation Agreement or Evidence Thereof [If Project lies within the boundaries of the City of Fort Pierce then insert “N/A” and delete the remainder of this section.]- The Customer shall, simultaneous with the execution of this Agreement, execute an 6 Annexation Agreement in the form attached hereto as Exhibit “E” providing that the Property will be annexed into the city limits of the City of Fort Pierce, Florida, whenever such annexation may legally occur. The Customer further agrees, for itself, its successors and assigns, that it will sign any and all necessary documents to effectuate the annexation upon request of the City of Fort Pierce or FPUA. The Customer waives any and all objections to such annexation by the City of Fort Pierce and agrees that this document, along with the Annexation Agreement in the form attached hereto as Exhibit “E”, shall be construed to satisfy requirements of law for consent or approval of such annexation now or hereafter required. In the event that individual lots are sold, the Customer shall be responsible for informing the purchasers of such lots, in writing, that these lots are subject to the terms of annexation into the City of Fort Pierce as defined in this Agreement. All Annexation Agreements shall be prepared and recorded by FPUA’s attorney. All preparation fees, recording fees, etc. for Annexation Agreements shall be paid for by the Customer directly to FPUA’s attorney at the time of execution.

21. Termination - The Customer can terminate this Agreement by written request at any time. With a minimum 30-day written notification, FPUA may terminate this Agreement due to Customer’s failure to pay GRC invoices. In the event of termination by the Customer or FPUA, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent (100%) of the Capital Improvement Charges that were paid at the time of execution of this Agreement, without interest, minus an amount equivalent to five years Guaranteed Revenue Charges. The refund calculation applies only to Capital Improvement Charges for unconnected units at the time of termination. The Customer shall be entitled credit for any Guaranteed Revenue Charges already paid at the date of termination. Termination will also result in the forfeiture of reserved capacity and may result in cancellation of the Florida Department of Environmental Protection Permit. If construction of the Project has not commenced within five years of the date of execution of this Agreement by the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall be null and void and funds shall be disbursed based upon the formula stated previously in this section.

22. FPUA Regulation - Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regulation as may be provided by law or contract.

23. Notices - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set forth below:

FPUA: John K. Tompeck Director of Utilities P.O. Box 3191 Fort Pierce, FL 34948-3191 7 Customer: Name: _ Address: Telephone: ______Fax: E-Mail:

Project Engineer: Name: Address: Telephone: ______Fax: E-Mail:

24. Agreement - This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement shall be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties 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 Agreement is in St. Lucie County, Florida. This Agreement shall run with the property in which it is proposed to serve and the terms of this agreement shall be considered binding to any assigns or heirs. This Agreement shall be recorded by FPUA’s attorney. All preparation and recording fees, etc., for the Agreement shall be paid for by the Customer directly to FPUA’s attorney at the time of execution.

8 JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER

______, being the holder of that certain lien or mortgage dated the ______day of ______, ______, recorded on ______in O. R. Book ______, Page ______, Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easements contemplated in the foregoing Water & Wastewater Supply Agreement.

LIEN OR MORTGAGE HOLDER:

______By: Signature of Witness Title: Print Name: ______Printed Name of Witness

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by______, who is the ______of______, Lien or Mortgage Holder, on behalf of said company. He (she) is personally known to me.

______Signature of Notary

______Printed Name of Notary

9 [SIGNATURE PAGE – UNDER $25,000.00]

IN WITNESS WHEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement.

Witnesses: FORT PIERCE UTILITIES AUTHORITY

______Signature of Witness By______John K. Tompeck, Director ______Printed Name of Witness

______Signature of Witness Signature of Customer

______Printed Name of Witness Printed Name of Customer

______Signature of Witness Signature of Project Engineer

______Printed Name of Witness Printed Name of Project Engineer

(FPUA) STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by ______on behalf of Fort Pierce Utilities Authority, who is personally known to me. ______Signature of Notary

______Printed Name of Notary

10 (Customer) STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by______, who is the ______of______, the Customer, on behalf of said company. He (she) is personally known to me.

______Signature of Notary

______Printed Name of Notary

(Project Engineer) STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by______, who is the ______of______, Project Engineer, on behalf of said company. He (she) is personally known to me.

______Signature of Notary

______Printed Name of Notary

11 [SIGNATURE PAGE – OVER $25,000.00]

Witnesses: FORT PIERCE UTILITIES AUTHORITY

______By: ______Signature of Witness Chairman-Signature & Printed Name

______Printed Name of Witness Secretary-Signature & Printed Name

______Signature of Witness Signature of Customer

______Printed Name of Witness Printed Name of Customer

______Signature of Witness Signature of Project Engineer

______Printed Name of Witness Printed Name of Project Engineer

(FPUA) STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by ______on behalf of Fort Pierce Utilities Authority, who are personally known to me. ______Signature of Notary

______Printed Name of Notary (Customer) 12 STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of ______, ______, by______, who is the ______of______, the Customer, on behalf of said company. He (she) is personally known to me.

______Signature of Notary

______Printed Name of Notary

(Project Engineer) STATE OF FLORIDA COUNTY OF ______

______Signature of Notary

______Printed Name of Notary

13 List of Exhibits:

Attached NA

A Property Legal Description

B Offsite Utilities & Location Map

C Offsite Cost Estimate

D Example Bond (Security)

E Annexation Agreement

F FDEP Form Letter

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