Law Offices 311 South Second Street Suite200 Fortl Pierce,FL34950 NEILL GRIFFIN MARQUIS OSKING, PLLC Richard V.N Neill (1934-2023) Richard' V.Neill,r.+* Renéel Marquis-Abrams Ian) Eielson Osking Brandon! M.I Hale Matthew C.I London Mailing/ Address: Post Officel Box 1270 Fortl Pierce, FL34954-1270 Telephone: (772) 464-8200 Fax: (772)464-2566 *Board Certified Wills, Trusts, and Estates Lawyer Certified Circuit Civil/County Court Mediator +Board Certified Civil" Triall Lawyer Mayor William G. Thiess 2512 Lightlewood Lane Fort Pierce, Florida 34946 Ms. Ingrid M. Van Hekken 304 Anchor' Way Fort Pierce, FL 34946 Mr.. Jimmy Freitas 473 Waters Drive Fort Pierce, FL: 34946 October 8, 2024 Mr. Dale Reed 2811 North Indian River Drive Fort Pierce, FL 34946 Mr.. John Langel 2511 North Indian River Drive Fort Pierce, FL 34946 Ms. Lisa K. Price 2601 N. Indian River Drive, Apt 1 Fort Pierce, FL34946 RE: Town of St. Lucie Village - October meeting Mayor Thiess and Board Members: Please accept the following as our attorney's report for the September 23rd meeting. 1. 4301NUS1 (Country Cove MHP)-P Presentation/Dscusion of annexing parcel west of US1. Tod Mowery, Redtail Design Group Inc., has asked to present the idea of annexing this property into the Village. A copy of the emails and his presentation is enclosed. 2. Resolution 2024-8 - James Grimes Appreciation Day (10/26/24). Enclosed is the current 3. State Unemployment Tax Act (SUTA). Paulette had queried whether she should be paying SUTA and/or FUTA for municipal employees. An email from Jim Hartley's office's 4. Clerk'sBond. Paulette has pointed out that the Charter says the Clerk should be draft of the resolution. comments is enclosed. bonded. Anyproposal(s) will be separately forwarded. Mayor and Board of Aldermen Page 2 September 10, 2024 5. Informational items. The following are for your information and will only carry forward inr my report ift they remain pending for my further attention/nvolvement. Zoningo queries. Nothing new. ii. Lien queries. Nothing new. iii. Ordinance 2024-5 regarding Building Permits. No update. iv. Heritage Preserve Boundary Issue. No update. V. St. Lucie School Boundary/Yard Waste Issue. Iwould hope to bring forward a proposed resolution in November, after getting input from both the School vi. Occupational Licenses. Moving forward with an updated ordinance on licenses vi. Appointment to Vacant Board of Adjustment Position. Iwas not able to generate a timely notice, sO we'llt try to put this to rest in November. viii. Memorandum of Understanding with FPUA. The MOU's current version ix. Code enforcement. Enclosed are copies of the orders from the first code Doi feel free to call ift there's anything you want to discuss with me before the meeting. Board and the neighbors. and zoning compliance is on my list. enclosed. enforcement hearings. With best regards. Richard V. Neill,r. t RVNjr/dw Enclosures CC: Paulette T. Burgess, Acting Clerk (w/encls.) Carl Peterson, Building Official (w/encls.) Cathy Townsend (w/encls.) Wesley Taylor (w/encls.) Leon Ghougasian, Marshal (w/encls.) Richard Neill From: Sent: To: Cc: Subject: William Thiess Red Tail Friday, September 13, 20241 10:59AM Vlada Peterka; Paulette Burgess; Richard Neill RE: Annexation proposal Will do. We will have you on the October agenda and Iwill try to get you toward the top oft the business agenda. From: Red Tail todm@redtalag.com> Sent: Friday, September 13, 202410:46AM To: William Thiess willam.thiess@stluclevllaget.gov2 richard.neill@stlucievllageflgov Subject: Re: Annexation proposal Have a great weekend Tod Mowery, AICP President Redtail DG www.redtaldg.com 772.742.15550 561.262.6304c Cc: Vladal Peterka Vada@redtaldg.com; Paulette Burgess pauetebugessestudewlagellgoe,Rcanl Neill Yes. Thank you. Please put me down for the meeting. From: William Thiess wlam.thiesestlucevilaget.gov Sent: Friday, September1 13,2024 10:28:17 AM To: Red Tail todm@redtaldg.om Subject: RE: Annexation proposal Cc: Vlada Peterka Vlad@redtaldg.come Paulette Burgess pauete-burgessestucevlpget.go; Richard Neill Tod, Aslindicated when we discussed this a while ago, the St. Lucie Village Board of Aldermen has been hesitant to pursue annexations ont the west side of US1, and they have turned down at least one such request that Ican recall. That being said, there is no policy, ordinance, or other firm directive that would prohibit such annexations. The best way to get the Board'si input on this annexation concept would bet to come to one of our meetings and give a short presentation on your project. Wer meet thet third Tuesday of every month, and the earliest we would be able to putt this on the agenda would bei the October meeting. Please let me knowi ify you would like to be on the October agenda or a later one to give a brief presentation ofy your project. Bill 1 From: Red Tail todm@redtaldg.com> Sent: Monday, September,024220PMA To: William Thiess willam.thess@stlueviaget.gov Cc: Vlada Peterka Vlada@redtaldg.com> Subject: Annexation proposal Good afternoon Bill- - Hope you're having a great day. lam sending you this email regarding a potential annexation that could occur adjacent toi the Village Limits. Realizing the airport is and will continue to be an issue for the Village, Iwas thinking this would be a solid strategy to better allow the Village some additional leverage when dealing with noise and other airport operation complaints. The airport's property is directly to the west and north oft this site. The only 2 other developments within this vicinity are the old antique mall building and Country Cove Mobile Home park. There is no other development nearby and due tot the County owning the property toi the west and north, no other development could happen, sO again, it would seem like an easier annexation piece to consider. The other typical advantages (ie.-additional tax revenue, low need for services due to the type of use, etc.) are included ini the attached letter. Please let me knowi ifi it would be helpful to present any oft thei information in person, via zoom or other. Have a great week, TodI Mowery, AICP President REDTAIL 100 S. 2nd Street Fort Pierce, FL34950 Learn more about us here 772.742.1555 (w) 561.262.6304 (c) todm@redtal.dg.com OG) 2 Redtail DG 100S.2 2nd Street Fort Pierce, Florida 34950 (772)7421555 redtaildg.com todm@redtalidg.com REDTAIL: September 9: 2024 William G. Thiess 2841 N. Old Dixie Hwy., Ft. Pierce, FL34946 RE: Proposal for Annexation of Recreational RVI Park Property Dear Mayor Thiess, Ihope this message finds you well. lam writing to discuss a potential opportunity for St. Lucie Village that could align with our community's interests while enhancing your village's profile. We are exploring the possibility of annexing a property for a recreational RVI park located west of US1. To provide you with a clearer picture, Ihave attached two exhibits: 1. Village Boundaries with Aerial View and Subject Property = This exhibit displays the current village 2. Site Plan of the Proposed RV Park - This PDF outlines the layout and design of the proposed recreational vehicle park. It will give you an understanding oft the project's scale and the planned amenities and also shows how the stormwater was addressed along with the large preserved area on boundaries, highlighting the location oft the proposed site. the west. Here are some key reasons why annexing this property could be advantageous for St. Lucie Village: Low"' Traffic Generation: The RVI Park is designed to be al low traffic generator, which means minimal No School Demand: The park does noti include any facilities for school-age children, sO there willl be Seasonal Use: The park will operate seasonally, which aligns with the city's goals of managing growth Aesthetic and Environmental Benefits: The development will feature attractive landscaping along US Minimal Service Demands: The park will have its own internal private roadway and will source utilities from either the City of Fort Pierce or St. Lucie County, ensuring no additional demand on the city's impact on the city's roads and transportation systems. noa additional demands on the local schools. and maintaining the quality of life for the residents. 1,e enhancing the visual appeal of the area. services. And here is the property's basic information: Parcel number: Acreage: Owner's name: Property address: 1420-141-0002-000-1 16.05 acres Country Cove MHP LLC 4301 N US HIGHWAY 1 Number of proposed RV Lots: 74 (4.6 RVI lots per acre) We believe this project represents a positive addition to our community and aligns with the city's goals for thoughtful and sustainable growth. Iwould be happy to discuss this further and answer any questions you might have. Best regards, al Tod Mowery, President Redtail DG Thank you for your time and consideration. lay St. Lucie Village, Florida St. Lucie Villageli limits Proposeds Site 1,000 Fest MONARCHIN DUSEF RD REDTAIL: LODS Piero,FL34950 Zadstréot RIVERP DODR. ATERS 2,000 SITE, FAIRWINDS DR SPINNAKERCT ANCHOF WAYI MLTONRD OUTRIGGERCT NMILTONRD Indians Rivers Lagoon ORNERS CHAMBERLINIBEVD. CHARLES WAY LIGHTLEWOOD LN EXHIBIT 1 Location of the proposed site el INI CIT 5 A6 88 LUCIE RESOLUTION: 2024-8 Al RESOLUTION OF THE) BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA, TOI PROCLAIM OCTOBER 26, 2024, AS "MR. JAMES GRIMES APPRECIATIONI DAY" WHEREAS, the Board of Aldermen of the Town of St. Lucie' Village, Florida, desires toj pay tribute to and recognize Mr.. James Grimes, on the completion ofhis 36; years of outstanding volunteer service ont the Town ofSt. WHEREAS, the Town of St. Lucie Village Board of Aldermen recognizes Mr. James Grimes and his lifelong generous contributions tot this community as aj prominent resident, businessman, leader, and volunteer. WHEREAS, the Town of St. Lucie Village Board of Aldermen acknowledges Mr.. James Grimes as a respected resident, neighbor, friend and volunteer, who so generously contributes his time, knowledge, resources, and creative WHEREAS, The' Town of St. Lucie Village Board of Aldermen recognizes Mr. James Grimes' generous contributions tot the preservation andj protection oft the historical resources oft the' Town of St. Lucie Village, the beautification of the Town and the advocacy for thel health, safety and welfare ofi its residents. WHEREAS, The' Town of St. Lucie Village Board of Aldermen recognizes Mr. James Grimes inl his role as Vice- Mayor to thel Board of Aldermen of the' Town of St. Lucie' Village often referred to our community as' "Our little slice of! paradise that we call St. Lucie Village," and iti is the intention of this Board of Aldermen to continue to NOW, THEREFORE, BEI ITI RESOLVED BY THEI BOARD OF ALDERMEN OF THE TOWNOF: ST.LUCIE This Board does hereby proclaim and designate Saturday, October 26, 2024, as "Mr. James Grimes Day" in St. PASSED AND APPROVED by the Board of Aldermen oft the Town of St. Lucie Village on this 15th day of Lucie Village Board of Aldermen. talents toward enriching the lives of residents ofthe Town of St. Lucie Village. preserve our: slice of paradise. VILLAGE, FLORIDA, that: Lucie Village, Florida October, 2024. BOARD OF ALDERMEN OF THE' TOWN OF ST. LUCIE VILLAGE, FLORIDA. By: By: By: By: By: By: William G. Thiess, Mayor Ingrid Van Hekken, Alderman James Freitas, Alderman Dale Reed, Alderman John Langel, Alderman Lisal K. Price, Alderman ATTESTED: By: Paulette T. Burgess, Acting Clerk Richard Neill From: Sent: To: Cc: Subject: Good Morning, Shannon Smith smth@dmnocpacom, Monday, August 12, 202410:47AM FW: St Lucie Village SUTA FUTA Richard Neill Jim Hartley; Whine/0helgrifincom: Paulette Burgess; William Thiess Ify you aret taxe exempt, you are exempt from FUTA. SUTA1 for Floridai is not required, however, it's usually to your benefit to1 file and pay the SUTA. If an employee files an unemployment claimy youwill have to payt the claimsi in full. Ifyouf file and pay SUTAyouwill; pay upi to $189 pere employee annually for the 1t2years. After whichy your rate could be as low as 0.10% or upt to $7.00 ane employee. The mostyouwould; pay would be! 5.4% (penalty rate) upi to $378.00 per employee annually. Thanks, Shawnow Swith Bookkeeper DiBartolomeo, McBee, Hartley & Barnes 2222 Colonial Road, Suite: 200 Fort Pierce, FL 34950 772-461-8833; x111 Office 772-461-8872 Fax Any U.S. tax advice contained int the! body oft this e-mail was noti intended orv writtent tol be used, and cannot beu used, by ther recipient fort the purpose of avoiding Thei information containedi int this message may bep privileged and confidential and protected from disclosure. Ifthe reader oft this message is nott thei intended recipient, or ane employee or agent responsible for delivering this message tot thei intended recipient, youa arel hereby notified that any dissemination, distribution or copying oft this communication is strictly prohibited. Ifyouh have received this communication! ine error, please notify usi immediately by replying to ther message and penalties that may! bei imposed under thel Internal Revenue Code ora applicable state orl localt taxi lawp provisions. deletingi itf fromy your computer. From: Richard Neill richard.nell@stlucevllagef.gov> Date: August 6, 2024 at: 2:01:26 PME EDT To: Jim Hartley arleyeamabcpa-om Cc: David Whitney DwhtneyPnelsrfincm, Paulette Burgess pauete.purgessestucevlpget.go, William Thiess willam.thess@stlucevlaget.gov Subject: Stl Lucie Village SUTAFUTA Jim, Paulette Burgess, our Acting Clerk has queried your office on whether or not we are supposed to be paying SUTA or FUTA. We've not had a response and a quick check online suggests that SUTA would generally apply to municipal employees, sO I'm following up. gather that Paulette does not: see a record of the Village payment of unemployment. And, frankly, Ihave no recollection of thati issue being discussed in the past; however, Ihave to believe that it was considered at one point, and a decision was made presumably with your advice--maybe based on the distinction between employees and independent contractors...? Please confirm and provide us Also, please consider whether our apparent decision not to pay unemployment should be revisited and, ifso, how we would properly what documentation you can for our file. address that. Thank you for your attention to this matter. Regards, Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 richard.nell@stlucievillagef.goy Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are publicrecords available to the public and media upon request. Iti is the policy of St. Lucie Village that all Village records shall be open for personal inspection, examination and/or copying. Your e-mail communications will be subjectto public disclosure unless an exemption applies to the communication. Ify you received this email in error, please notify the senderby reply e-mail and delete all materials from all computers. LUCIE Town of St. Lucie Village PO BOX3878-F FORT PIERCE, FLORIDA 34748-(72).466.1900 VC. 19b) SPECIAL MAGISTRATE TOWN OF ST. LUCIE VILLAGE STATE OF FLORIDA CASE #: 0110-2023 VIOLATOR: Tax Id #: Tax Id? #: RE: VIOLATIONS OF TOWNOFS ST.] LUCIE VILLAGE ZONINGORDINANCE Sun Camper Liquidators, LLC Fort Pierce, FL 34946 1428-210-0011-000-2 Fort Pierce, FL34946 1428-210-0013-000-6 Property Address: 3507 Old Dixie Highway AND 3532Old) Dixie Highway Fort Pierce, FL34946 1428-210-0010-000-5 Property Address: 3462N.US Highway 1 Legal Description: 28 3440 FROM Al PT726F FTSOFI NW COR OF E%OFI NW'AOFSEC28 RUN E: 553.68 FT.THNELY7.51 FTI FOR POB, THI E247.12 FTTO W R/W OF OLD DIXIE HWY.THNWLY ALGE HWY R/W176.271 FT.TH W247.12) FT.THSELY17627 FTTOPOB- BEING PART OF GOVTLOT2 AND 28 34 40 THAT PART OFS322.51 FTOF N 718.5 FTOFI EKOFNWY YLYG BTWN WI R/W OLDI DIXIEI HWY AND ER/WUSI-LESS) TACTRACIZPTIXIAZ FTINSECOR- BING PARTOF GOVTLOT22.75 AC) AND 2834401 BEG ON W] R/W OF OLD DIXIE HWY ATNLIOF $3301 FT OFN N1048.SFTOFE % OF NW %4, TH SELY ON R/W 20.1FT.TH W 133.6 FT, TH $215.911 FT,TH W3 315.4 FT MLTOER/WOFI USI,THNWLYALGI RVTONLIOFS3301 FTOFNIDSSFTOFEK OF NW Y4, THE ETO POB-BEING FARIOECQNVTIOTZISAOI ORDER DETERMINING VIOLATION and IMPOSING FINE THIS CAUSE came before the Special Magistrate, JENNIFER D. PESHKE, pursuant to Florida Statutes $162.07 and the St. Lucie Village Code Enforcement Ordinance, on the 30th day of September, 2024, upon request of the Code Inspector/ Marshall. The Violator did not attend said hearing. Having heard testimony and having considered the exhibits submitted while being otherwise advised in the premises, it is accordingly found and determined the Code Inspector/Marshal properly and timely served a Notice of Violation Notice of Hearing, all as required by the St. Luce Village Code Enforcement Ordinance, upon Sun Camper Liquidators, LLC, and that Sun Camper Liquidators, LLC, has maintained a fence that isi in excess of4 feeti in height and which is in the front yard of residentially zoned property (specifically parcels 1428- 210-0010-000-5 and 1428210-0011-000-2): has permitted a commercial structure to be located upon residentially zoned property (parcel 1428-210-0010-000-): has developed commercially zoned property (parcel 1428-210-0010-000-5 and 1428-210-0013-000-6) without obtaining an administrative review or site plan approval; and has demolished a fence or wall that separates parcels 14-210-0010-000-5: and 1428-210-0013-000-6 and has expanded the commercial of those parcels across each other as result thereofa all without obtaining administrative review or a site plan approval. Accordingly, Sun Camperliquidators, LLC, has violated Section 3.2.3 (a) ofthe St. Lucie Village Zoning Ordinance by permitting commercial property tol be access via residentially zoned property; has violated Section 3.2.1(c) of the Town of St. Lucie Village Land Development Code (hereinafter the "LDC") by utilizing residentially zoned property for a commercial purpose; has violated Section 3.5.4 (A) of the LDC by permitting a fence to be located in the front yard of residentially zoned property thati is in excess of4 feet inl height; has violated Section 5.3.0 oft the LDC by developing commercially zoned property without an administrative review or site plan review approval for any such development; and has violated Section 5.3.0 of the LDC by failing too obtain administrative review or site plan approval for the development of commercial property (specifically by demolishing aj portion oft the: fence that separates and by permitting traffic to: freely traverse that area). In the event that the violations stated here in above are not remedied by not later than November 1,2024, there shall be imposed a fine pursuant to Fla. Stat. $162.09 and the St. Lucie Village Code Enforcement Ordinance at the daily rate of $250.00 per violation. Further, in the event that the violations are: not timely remedied as provided herein, the Town ofSt.] Lucie Village shall be awards those costs incurred inj prosecuting this matter, the amount of which costs shall be determined at a subsequent hearing and date. This Order may be recorded in the Public Records of the County of St. Lucie and shall constitute notice to any subsequent purchasers, successors in interest, or assigns wherein the violation concerns real property, and subsequent purchasers, successors in interest or assigns. If this Order is not complied with timely, then there shall be issued an Order pursuant to Florida Statutes 162.09 imposing the fine provided for herein. The violator is responsible for notifying the Code Inspector promptly at (772)332- 0940 when the violation is corrected. The violator has 30 days in which to file an appeal of the Special Magistrate's decision to the Circuit Court ofSt. Lucie County. DONE AND ORDERED this 3p'aye ICERTIFYTHATTHE ABOVE ORDER WAS MAILED TOTHE: RESPONDENT ON f THIS DAYOF. 20_ Paulette Burgess, Clerk oft the Town of St. Lucie Village LUCIE Town of St. Lucie Village PO BOX 3878 - FORT PIERCE, FLORIDA 34948 - (772).466.6900 NC, 1961 SPECIAL MAGISTRATE TOWN OF ST. LUCIE VILLAGE STATE OF FLORIDA CASE #: 0101-2024 VIOLATOR: Tax Id #: 2566) RE: VIOLATION OF TOWN OF ST.] LUCIE VILLAGE NUISANCE ORDINANCE87-7 Debra Embry a/k/a Deba Lester Fort Pierce, FL34946 1421-601-005-000-6 Property Address: 400 Peninsular Drive Legal Description: RIVERSIDE HARBOR S/D BLK2LOT 1 AND W % OF LOT2 (OR641- ORDER DETERMINING VIOLATION THIS CAUSE came before the Special Magistrate, JENNIFER D. PESHKE, pursuant to Florida Statutes $162.07 and the St. Lucie Village Code Enforcement Ordinance, on the 30th day of September, 2024, upon request oft the Code Inspector/ Marshall. Having heard testimony and having considered any exhibits while being otherwise advised in the premises, it is accordingly found and determined that Debra Embry a/k/a Debra Lester has permitted an unregistered vehicle tol bel located in the front yard oft the Property and has failed to: remove the same in violation of the Town ofSt.Lucie Village Code ofOrdinances as specified above, on property located at the above described location. In the event the violation is not remedied by not later than 4 pm, October 4, 2024, hereinafter, there shall be imposed a fine pursuant to Florida Statutes 162.09 which shall accrue: from September 30, 2024, at ai rate to be set at al later hearing. This Order may be recorded in the Public Records of the County of St. Lucie and shall constitute notice to any subsequent purchasers, successors in interest, or assigns wherein the violation concerns real property, and subsequent purchasers, successors in interest or assigns. If this Order is not complied with timely, then there shall be issued an Order pursuant to Florida Statutes 162.09 imposing the: fine provided for herein. The violator is responsible for notifying the Code Inspector promptly at (772).332- 0940 when the violation is corrected. The violator has 30 days in which to file an appeal of the Special Magistrate's decision to the Circuit Court of St. Lucie County. DONE. AND ORDERED this 30 day of Spnkm24 ICERTIFY THAT THIS ABOVE THE. DAY OF Khylhs ORDER 20 WAS MAILED TO THE RESPONDENT ON Paulette Burgess, Clerk of the Town of St. Lucie Village INTERLOCAL AGREEMENT ST. LUCIE VILLAGE SEWER PROJECT THIS AGREEMENT made and entered into this day of 2024, by and between The Town of St. Lucie Village, a political subdivision of the State of Florida (the Village"), the Fort Pierce Utility Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the City of Fort Pierce, a municipality organized under the laws of the State of Florida. WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing sanitary sewer service for the Village; and, WHEREAS, the Village intends to pursue grants to fund the cost of providing a wastewater collection system to serve properties in the Village ("St. Lucie Village Sewer Project" or "this project"). A figure showing properties in the Village to be served by this wastewater collection system is attached hereto and made a part hereof as Exhibit "A". A list of the current parcel numbers within this proposed wastewater service area is attached hereto and made a part hereof as Exhibit "B"; and, WHEREAS, The Village is located within the boundaries of WHEREAS, the parties believe that it is in their mutual best interest to cooperate in providing sanitary sewer service to the FPUA's Utility Service Area; and, Village. NOW, THEREFORE, FPUA, the City, and the Village hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. FPUA RESPONSIBILITIES. this Agreement are as follows: FPUA's responsibilities under a. FPUA shall review the design plans and specifications for the wastewater collection system prepared by Kimley-Horn, the Village's consulting engineer for design and permitting of this project, to assure that the design and installation of the System shall be done in accordance with all applicable FPUA standards, policies, and procedures. FPUA shall also provide inspection services for construction of the wastewater collection system in conjunction with inspection services by the Village's consultant for construction engineering and inspection (CEI) services, with inspection responsibilities mutually agreeable by both inspecting parties. The Village reserves the right to review and approve the utilities plans before utilizing one of FPUA's Unit Price Contractor to perform the wastewater construction. b. If easements are required, FPUA shall review such C. FPUA shall assist the Village in administering a easements to make sure they are satisfactory to FPUA. project to install the System to include but not limited to inspection services during construction, assisting the Village's CEI consultant with shop drawing approvals, change order approvals, project certification, and review of record drawings. d. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. e. Intentionally Deleted. f. If the Village is not able to fund this project, FPUA shall be responsible for the cost of all design or other staff work done by FPUA related to this project, or the phase not funded. The Village shall use its best efforts to notify FPUA as soon as possible of any change in the status of funding. g. FPUA shall make a monetary contribution up to $1,102,095, or the cost necessary to offset any Capital Improvement Charges, towards the construction cost of the project. 3. VILLAGE: RESPONSIBILITIES. 2 a. The Village has received $1,700,000 in funding from an Indian River Lagoon Water Quality Grant for constructing force mains in Phase 1 of this project. Grant funding will also be pursued for construction of force mains in Phases 2 and 3 of this project, which will complete the project. The Village shall pay the Contractor's invoices upon receiving advanced funds from grant administrators. All other applicable fees and charges for connection to the FPUA wastewater collection system will be the responsibility of the landowners unless additional grant funding is received to cover home-to-main connection costs. The amount of the capital improvement charge shall reflect the current FPUA charges on the date of the submission of the Final Estimated Cost to the Village. b. The Village shall be responsible for the acquisition of easements necessary for the installation and maintenance of the System. 4. TERMINATION. Unless terminated by the mutual written agreement of all parties, this agreement shall remain in full force and effect until all of its terms and conditions have been met. 5. Village. NOTICE OF CITY ANNEXATION REQUIREMENT. The following notice is required by the City and should not be construed in any way as an endorsement of the City's annexation policies by the As a condition precedent for connection to the FPUA wastewater collection system, FPUA requires all users to sign an annexation agreement whereby the user consents to and requests that his or her property be annexed into the city limits of Fort Pierce whenever such annexation may legally occur and that the FPUA will refuse to allow connection to its wastewater system unless and until the referenced annexation agreement is signed. Since the Village is an incorporated municipality, properties in the Village cannot be legally annexed unless the Village ceases to be an incorporated entity or a property is de-annexed. Any required annexation agreement shall be in the form which recognizes and incorporates this limitation on annexation. The annexation agreement shall be irrevocable and shall be binding on the heirs, successors and assigns of all such users. 6. SYSTEM RELOCATION. If within five (5) years after installation of the pipes, mains and appurtenances comprising the System, the Village shall require FPUA to relocate any portion thereof, then the Village shall be responsible for the costs and 3 expenses, and for obtaining any easements, associated with such relocation so long as the original system was installed as designed and per Village right-ot-way permit conditions. 7. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to Village: William G. Thiess St. Lucie Village Mayor 2512 Lightlewood Lane Pierce, Florida 34946 With a copy to: Richard V. Neill, Jr. St. Lucie Village Attorney 311 South 2nd St., Ste200 Fort Pierce, Florida 34950 If to FPUA: With a copy to: FPUA Attorney P.O. Box 3191 Director of Utilities Fort Pierce Utilities Authority P.O. Box 3191 Fort Pierce, Florida 34948 Fort Pierce, Florida 34948 If to the City: City Manager City of Fort Pierce 100 North U.S. One Fort Pierce, Florida 34950 With a copy to: Fort Pierce City Attorney P.O. Box 3779 Fort Pierce, Florida 33448 This Agreement constitutes the entire 8. ENTIRE AGREEMENT. Agreement between the parties with respect to the subject matter and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by written document, property authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. thereto shall be filed with the Clerk of Court of St. Lucie County 9. FILING. This Agreement and any subsequent amendments pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. 4 ATTEST: TOWN OF ST. LUCIE VILLAGE, FLORIDA BY: ACTING CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: Village Attorney ATTEST: FORT PIERCE UTILITIES AUTHORITY BY: Chairperson APPROVED AS TO FORM AND CORRECTNESS: Attorney for FPUA ATTEST: City Clerk CITY OF FORT PIERCE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS: City Attorney 5