Suggested Provision for Inclusion in any Developers Agreement

Regarding Marina Area Housing

 John Capece

May 8, 2007 

Port LaBelle Utility System is prepared to provide water and wastewater service to a 490-unit multifamily development at the Port LaBelle Marina property (insert legal description) under the following conditions: 

  1. SFWMD approves the currently-pending PLUS application for a new water use permit of 1.2 mgd to supply the soon to be completed 0.9 mgd membrane softening water treatment plant.
  2. DEP approves the currently pending PLUS permit modification request for the concentrate effluent from the new water treatment plant to bypass the wastewater treatment plant and instead be directed to the existing percolation ponds.
  3. The developer agrees to pay PLUS the combined water and wastewater connection fees according to a schedule referenced to the “DATE” of final DCA approval of the comprehensive land use plan amendment allowing for the 490-unit project on the Marina property:
    1. 100 units on DATE+ 6 months
    2. 100 units on DATE+ 12 months
    3. 100 units on DATE+ 18 months
    4. 100 units on DATE+ 24 months
    5.   90 units on DATE+ 30 months

  4. Failure to pay the connection fees by the stated deadlines releases PLUS of any service obligation for that portion of the units corresponding to the missed connection fee payment deadline. 
  1. The developer shall pay the PLUS monthly carrying fees after payment of the connection fees for those number of units.  As of May 2007, those fees are fifteen dollars per unit per month.
  1. Upon the completion of units construction, not to occur sooner than the above-stated schedule, the developer shall pay the difference between the connection fees previously paid and the connection fee in force on the date of issuance of the certificate of occupancy for those units.
  1. Upon issuance of this letter, the developer pays xxxxxx dollars towards PLUS expenses for infrastructure planning and design.
  2. In addition to the developer designing and constructing the project according to county and state storm water management requirements and other applicable regulations, the developer further agrees to construct and manage the project in accordance with UF-IFAS Florida Yards and Neighborhood standards to achieve and maintain IFAS program certification for water conservation and water quality protection.