HomeMy WebLinkAboutDA KU22.23-21 - Jacksonville Marine Center Return to:
Clay County Utility Authority
3176 Old Jenning's Road
Middleburg,Florida 32068-3907
KU22/23-21
Parcel No. 33-03-26-018442-040-01 JACKSONVILLE MARINE CENTER
Clay County 1521 WELLS ROAD
(Kingsley System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this 1t day of
,2022 by and between CORSAIR POWERSPORTS OF JACKSONVILE,INC.,
a Florida corporation, hereinafter referred to as "Developer", and CLAY COUNTY UTILITY
AUTHORITY,an independent special district established under Chapter 94-491,Laws of Florida,Special
Acts of 1994, hereinafter referred to as "Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in
Exhibit"A",attached hereto and incorporated herein by reference (hereinafter"Property");
a
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
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distribution service and/or central wastewater collection,treatment and disposal service for the Property;
a
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement,
central water and wastewater,service to the Property and thereafter operate applicable facilities so that the
occupants of the improvements on the Property will receive adequate water and wastewater service from the
Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of potable water and wastewater, service by the Utility to the
Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of property represented by the cost of the wastewater collection system and potable water distribution
system constructed or to be constructed which Developer or owner transfers,or agrees to transfer,to Utility,
if so designated by the Utility,at no cost to Utility to provide utility service to specified Property.
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(c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day
(GPD)which is used to convert a given average daily flow(ADF)to the equivalent number of residential
connections. For this purpose the average daily flow of one potable water ERC is (450) GPD, one
wastewater ERC is (311)GPD.
(d) "Point of Delivery"-The point where the pipes or meter of Utility are connected with
the pipes of the consumer. Point of delivery for potable water shall be at the consumer's side of the meter
and for wastewater service at the lot or Property line. Utility shall,according to the terms and conditions
hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appurtenances inside the point of delivery shall belong to others.
(e) "Service" -The readiness and ability on the part of Utility to furnish and maintain
water and wastewater,service to the point of delivery for each lot or tract pursuant to rules and regulations
of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges- In addition to the contribution of any wastewater collection systems
and water distribution systems, and further to induce Utility to provide potable water and wastewater
service, Developer hereby agrees to pay to Utility the following fees and charges, as defined in the Rate
Resolution (including Service Availability Policy), upon execution of this Agreement in order to reserve
capacity in the System:
to (a) Potable Water Plant Capacity Charge:
($360.00 x 4.50 ERCs) $ 1,620.00 *
Alternative Water Supply Surcharge:
($376.71 x 4.50 ERCs) $ 1,695.20 *
SJWMD Black Creek Water Resource Charge:
($108.77 x 4.50 ERCs) $ 489.47 *
Wastewater Plant Capacity Charge:
($3,200.00 x 2.00 ERCs) $ 6,400.00 *
Environmental Impact Charge:
($410.00 x 2.00 ERCs) $ 820.00 *
Debt Service Charge:
($149.00 x 2.00 ERCs) $ 298.00
(b) Main Extension Charge-Water $ N/A
Main Extension Charge-Wastewater $ N/A
Main Extension Charge-Reclaimed $ N/A
(c) Fire Protection Charge $ 9,359.52 **
(d) Meter Installation Charge $ 1,585.51 ***
(e) Plan Review Fee $ 385.00
(f) Inspection Fee $ 583.11
(g) Recording Fee $ 116.507
Total $ 23,352.31
*- Includes 2.00 ERCs for water for the building,and 2.00 ERCs for wastewater for the
building,based on a fixture unit count. 2.50 ERCs for potable irrigation water service based
on 975.89 AGPD.
** - Based on 592 GPM of internal fire flow @$15.81 per gallon.
***- Includes one 1 1/2-inch-inch potable water meter for the building and one 1-inch potable water
meter for irrigation(meter boxes not included).
Note: Items(e)and(f)are estimates and are subject to adjustment based on actual cost incurred.
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Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated,Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise,are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
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Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water and
wastewater systems for the project. The proposed electrical transformer layout of the electric utility
providing service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects,latent or otherwise,with respect to workmanship,materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility
on or before such date. The Developer shall also provide to the Utility, at Developer's sole expense,such
maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,
which by its or their express terms protect and indemnify Utility against any loss, damage, costs, claims,
debts or demands by reason of defects, latent or otherwise,in the system to be and remain in effect for two
(2)years from the date of the system acceptance by Utility.
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In addition to any other promises,guarantees or warranties to be provided by Developer to the Utility
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,claims,debts
or demands by reason of defects, latent or otherwise, in the system which could not have been reasonably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)years from
the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed
shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable
water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors
during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which potable water and wastewater systems are installed,with adequate legal access to same,by
recordable document satisfactory to Utility.
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(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy. The same construction standards, warranty requirements,
maintenance bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as
provided under paragraph 5 of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof,and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility and potable water distribution facility, installed by
Developer to the central facilities of Utility in accordance with all rules, regulations and orders of the
applicable governmental authorities. Utility agrees that once it provides potable water,and/or wastewater
service to the customers within the Property that it will continuously provide such service, at its cost and
expense,but in accordance with the other provisions of this Agreement,the then current Rate Resolution in
effect for Utility, and the requirements of the governmental authorities having jurisdiction over the
operations of Utility. Utility shall not be liable for any temporary interruptions in service as a result of
equipment failure, emergencies or Act of God.
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The covenants and agreements of Developer contained in paragraphs 5,6,and 7 hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water and wastewater,facilities to serve the Property in,under,upon,over and across the
present and future streets, roads, alleys, utility easements, reserved utility strips and utility sites.
Mortgagees, if any, holding prior liens on the Property shall be required to release such liens,subordinate
their position or join in the grant or dedication of the easements or rights-of-way,or give to Utility assurance
by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee would continue to
recognize the easement rights of Utility. All potable water and wastewater collection facilities, save and
except installations owned by Developer, or its successors or assigns, shall be covered by easements or
rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there
to shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of
these easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such
non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby
agrees that all easement grants will be utilized in accordance with the established and generally accepted
practices of the potable water,and wastewater industry with respect to the installation of all its facilities in
any of the easement areas.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water, and wastewater facilities accepted by Utility in connection with providing potable water, and
wastewater services to the Property,shall at all times remain in the sole,complete and exclusive ownership
of Utility, and any person or entity owning any part of the Property or any residence, building or unit
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, including the furnishing of potable water, and wastewater services to other
persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from time to
time.However, notwithstanding any provision in this Agreement,Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
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Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property.However,all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract. •
13. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 19/20-06
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner or Lessor must inform Utility of its intent to discharge any floor finish stripper
product and waste. Upon notification, a permit application will be sent to Developer, tenant or the
Property/project owner or Lessor to be completed and submitted to Utility for processing. A permit fee is
not required by Utility for an Industrial Pretreatment Permit. Failure to follow these procedures may result
in termination of water and wastewater service.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing
that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
to 15. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger,by mail or by email,and if to Developer,shall be
mailed or delivered to Developer at:
Corsair Powersports of Jacksonville, Inc.
Attn: Don Passell
1515 Wells Road
Orange Park, Florida 32073
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
or such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto,subject to any approvals
which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees-In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
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18. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party,including,but not
limited to Act of God or of the public enemy,war,national emergency,allocation or of other governmental
restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster
or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities,
governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree, judgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
19. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's potable water and wastewater
systems.
MISCELLANEOUS PROVISIONS
20. The rights,privileges,obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
21. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
to and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
23. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall not be unreasonably withheld or delayed.
24. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right
or power at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water,and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall
not be assigned by Developer to Third Parties without the written consent of Utility,except in the case of a
bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours,have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
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28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
29. It shall be Developer's responsibility or Developer's customers'responsibility, utilizing the
project's potable water, and wastewater service within Developer's project, to apply to Utility for service
after the installation of the potable water, and wastewater utilities have been completed and accepted by
Utility. Upon completion of application for potable water, reclaimed water, and wastewater service and
payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution,including
any security deposits required, service will be initiated to customers within Developer's Property.
30. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water or wastewater facilities for the project covered by this Agreement.
31. Developer shall grant an easement to Utility covering any portion of the potable water,and
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility.
32. The landscaping for this project(new or existing)shall not include the planting of any trees
to within seven and one-half feet (7 ft. 6 in.) of any of the water and/or wastewater mains to be owned by
Utility.
33. Utility shall own and maintain all facilities upstream of the downstream side of the meters
and all facilities upstream of the upstream side of the 6-inch double detector check valve,and such facilities
shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all
of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. All facilities
downstream of the downstream side of the meters and downstream of the upstream side of the 6-inch double
detector check valve shall be owned and maintained by Developer. Utility shall have access to all of the
water meters during normal business hours, for meter reading purposes.
34. Developer shall install or have installed a reduced pressure type backflow prevention device,
which shall be located immediately downstream of Utility's proposed 1 1/2-inch potable water meter for the
building,the proposed 1-inch potable water meter for irrigation,and the 3/4-inch bypass meter on the 6-inch
double-detector check valve for the sprinkler system. Such installations shall be in compliance with the
requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the
completion of each installation of said device,Developer shall provide to Utility,for its permanent records,
the Make,Model,Size and Serial Number of said device.Furthermore,these devices must be tested and
recertified by a certified backflow prevention technician annually or such other period as may be required by
Utility. Proof of the annual testing and re-certification must be submitted to Utility for its records. These
installations and annual re-certifications shall be the responsibility of the Developer,or its successors and
assigns.
35. Developer's wastewater facilities shall be connected to the existing 8-inch gravity main.
Developer shall own and maintain all wastewater facilities upstream of those connection points. All service
lateral lines servicing Developer's Property, which are located upstream of such facilities, shall be
Developer's responsibility for ownership and maintenance.
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36. Developer shall not discharge automotive oils and/or greases,intentionally or unintentionally,
into Utility's wastewater system,and such discharge of any oils or greases into Utility's wastewater system is
strictly prohibited by Utility.Developer shall install a 1,250-gallon oil/water separator of the type and at the
location as shown on the approved plan.Tank shall be H-20 load rated.Developer shall be responsible for
the continued maintenance and cleaning of the oil/water separator and shall be subject to periodic
unannounced inspections by Utility.
37. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain in the facilities,in accordance with Utility's requirements for same. Developer
shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors,and such
interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff
shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors.
Developer shall maintain records of maintenance and cleaning.Those records shall be made available to the
Utility upon request.
38. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain storm water shall not connect to Utility's wastewater system.
39. In accordance with Utility's Water Conservation Policy on file with the St. Johns River
Water Management District,Utility is not allowed to let Developers use master meters to meter more than
one tenant or separate business. At any time during the course of Utility providing service to this
development,after the effective date of this Policy,October 1,2005,Developer agrees that Utility shall have
the right to inspect and audit the number of businesses per meter. When this inspection occurs, if no
violation of this policy is found,there will be no charge for the inspection. However,for each violation that
to is found a charge of$500.00 will be assessed to recover the cost of this surveillance program. In addition,
the Developer/Owner will be given ninety (90) days to correct the metering problem. Failure to comply
with this notice within the time allowed will be cause to discontinue service to this development.
40. Utility agrees to provide minimum fire flows of 592 GPM to the point of connection to
Utility's fire main stub,subject to acts of God and temporary emergency conditions.
41. The charges shown in paragraphs 4(a) through (g), of this Agreement are to assess the
charges for Jacksonville Marine Center, as shown on the plans prepared by Goodson, Bergen and
Associates,Consulting Engineers Inc.,Project No. 19095 (See Exhibit"B"),and do not include any other
developments(future additions,buildings and/or out parcel projects,etc.)that are planned for this Property.
A separate agreement will be prepared for the additional requirements of each future development on the
Property when such development is initiated.
42. The construction of this project will not commence until receipt of all permits and easements,
if necessary, and this Agreement is executed and the charges stated herein are paid.
43.' This Agreement will need to be executed by Developer and the charges paid(shown on page
2 of Agreement) prior to October 1, 2023, and the construction of the utilities shall commence prior to
October 1, 2023,or this Agreement will be subject to any Service Availability charge increases currently
approved which maybe applicable or which may be approved by Utility's Board of Supervisors for the next
fiscal year beginning October 1,2023; and this Agreement is subject to any material cost increases which
Utility may experience after October 1, 2023.
[Signatures Begin Next Page]
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IN WITNESS WHEREOF,Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
Corsair Powersports of Jacksonville, Inc.
a Florida corporation
Witness: C-✓ B lJ
Print Name: . ipliZ70" 2,»`! Donald H. Passell, President
Witness: 8/12- (Corporate Seal)
Print Name: % Pa),Jc `\
STATE OF Vi.toite Der
COUNTY OF 6(.14c41
The foregoing instrument was acknowledged before me by means of El physical presence or 0
online notarization, this 4b day of [l€tcwth.., , 2022, by DONALD H. PASSELL, as
PRES ORSAIR POWERSPORTS OF JACKSONVILLE,INC.,a Florida corporation,who
is rsonally known o me or who has produced ,as identification.
to
►sr "'•• ROSALINE SIAU•LING E3ERiIART Print a e: �1Sat5.vt,L
ve : Notary Public-State of Florida My Notary Pub is in and for the
. My Comm.Expires Nov 23,2025 County and State Aforesaid
Bonded through National Notary Assr. My Commission Expires: if/2.5(2s
,
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•
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY,
an Independent Spec'. !' 'ct of the State of Florida
e
Witness: .; gy. _ �:��-�
Print Name: Summer P. Bemdt rem i ns .n,P.E.,M.B.A.
ec recJr.
• (Corporate Seal)
Witn • M •
1
Prin Name: .`ina �1i . tii� s+
STATE OF FLORIDA
COUNTY OF CLAY .
The foregoing instrument was acknowledged before me by means of®physical presence or 0 online
notarization this Q1 day of December, 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,an Independent Special District of the
State of Florida,who is personally known to me.
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ItNotary Public Slate of Floritla Print Name: Summer P. Berndt
summer P E eemdt Notary Public
k,, My Commission GG 950878.
,, Expires 01/26/2024 State of Florida at Large
My Commission Expires: Ol/ab/ati
JACKSONVILLE MARINE CENTER- 1521 WELLS ROAD
Parcel No. 33-03-26-018442-040-0 1
Official Records Book 4254, Page 981, Clay County, Florida
EXHIBIT "A"
Parcel A
A portion of Section 4, Township 4 South, Range 26 East, together with a portion of Section 33,
Township 3 South,Range 26 East,all lying within Clay County,Florida(also being a portion of Lot
1,Section 5,Orange Park,according to the plat thereof as recorded in Plat Book 1, Page 23, of the
Public Rccords of Clay County,Florida and being more particularly described as follows:
Commence at the Northwest corner of said Section 4; thence North 89"37'20" East,along the North
line of said Section 4, a distance of 162.98 feet to the POINT OF BEGINNING; thence North 00
degrees 31 minutes 10 seconds East, 408.28 feet to the Southerly right-of-way line of Interstate
Highway No. 295 (a 300 foot right-of-way); thence North 89 degrees 33 minutes 33 seconds East,
along said Southerly right-of-way line, 292.08 feet; thence South 00 degrees 26 minutes 27 seconds
East, 48.14 feet; thence North 89 degrees 33 minutes 33 seconds East, 13.50 feet; thence North 00
degrees 26 minutes 27 seconds West, 48.14 feet to the Southerly right of way line of Interstate
Highway No.295;thence on said southerly line, North 89 degrees 33 minutes 33 seconds East,215.44
feet to a point situated on said Southerly right-of-way line; thence South 00 degrees 31 minutes 10
seconds West,411.86 feet to the Northerly right-of-way line of Wells Road(100 foot right-of-way,as
now established); thence South 89 degrees 37 minutes 20 seconds West, along said Northerly
right-of-way line, 200.00 feet to a point situate on said Northerly right-of-way line; thence North 00
degrees 31 minutes 10 seconds East, 3.00 feet to the said Northerly line of Section 4, Township 4
South, Range 26 East; thence South 89 degrees 37 minutes 20 seconds West, along said Northerly
line,321.02 feet to the POINT OF BEGINNING.
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Parcel B
A parcel of land situated in Section 4,Township 4 South, Range 26 East,Clay County, Florida also
being a portion of Lot 1,Section 5,Orange Park.according to plat thereof recorded in Plat Book I,
page 23 of the public records of said county) said parcel being more particularly described as
follows:
Commence at the northwest corner of said Section 4; thence on the north line thereof, North 89
degrees 37 minutes 20 seconds East, 162.98 feet to the point of beginning; thence continue on said
north line, North 89 degrees 37 minutes 20 seconds East, 321.02 feet; thence South 00 degrees 31
minutes 10 s'cconds West,3.00 feet to the north line of Wells Road; thence on said north line,South
89 degrees 37 minutes 20 seconds West,321.02 feet; thence North 00 degrees 31 minutes 10 seconds
East,3.00 feet to the point of beginning.
Reserving unto Griffin Limited Partnership Ltd. and Clear Channel Outdoor Inc. and their
successors and assigns benefiting a continguous billboard parceol of proerpty an easement for
Ingress and egress over the following described property thereof:
Commence at the northwest corner of said Section 4,thence North 89 degrees 37 minutes 20 seconds
East,along the North line of said Section 4, 162.98 feet,thence continue along said North line,North
89 degrees 37 minutes 20 seconds East,321.02 feet; thence South 00 degrees 31 minutes 10 seconds
West, 3.00 feet to the North line of Wells Road, thence on said North line, North 89 degrees 37
minutes 20 seconds East, 8.33 feet to the point of beginning; thence continue on said North line,
North 89 degrees 37 minutes 20 seconds East. 10.00 feet, thence North 00 degrees 26 minutes 27
seconds West, 33.34 feet; thence North 21 degrees 51 minutes 10 seconds West, 80.43 feet; thence
North 00 degrees 26 minutes 27 seconds West,255.24 fret; thence South 39 degrees 33 minutes 33
seconds West, 10.00 feet; thence South 00 degrees 26 minutes 27 seconds East, 257.13 feet; thence
South 21 degrees 51 minutes 10 seconds East, 80.43 feet; thence South 00 degrees 26 minutes 27
seconds East,31.44 feet to the Point of Beginning.
EXHIBIT"B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Jacksonville Marine Center— 1521 Wells Road
Engineer: Jeffrey E.Bergen,P.E.
Goodson Bergen& Associates Consulting Engineers, Inc.
10175 Fortune Parkway, Suite 403
Jacksonville, Florida 32256
Project No.: 19095
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
Cover
Topographic Survey
C 1.0-C2.0 General Notes
C3.0 Pre-Development Drainage Plan
C4.0 Post Development Drainage Plan
C5.0 Demolition Plan
to C6.0 Paving&Geometry Plan
C7.0 Drainage&Grading Plan
C8.0 Utility Plan
C9.0—C11.0 Construction Details
C12.0 Control Structure Details
C 13.0 Maintenance of Traffic
C14.0 Stormwater Pollution Prevention Plan
C 15.0 Erosion Control Details
C16.0—C17.0 NPDES Detail Sheet 1 &2
S-SPD Technical Specifications
WAT 01 Standard SCH80 and Polyethylene Water Service Details
WAT 02 Standard Water Casing,Crossing Type and Pipe Restraint Details
WAT 03 Standard Water Misc Details
WAT 04 Standard Fire Hydrant and D.D.C.V Backflow Preventer Details
LW-STD Standard Locator Wiring Installation
S-SEW Standard Sewer Details
L 1.0 Landscape Index
L1.1; Landscape Plan
L1.2 Landscape Plan
L2.1 Landscape Details
L2.2 Landscape Specifications
LW-STD Standard Locator Wiring Installation
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
COUNI Title:
Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
Middleburg, Florida 32068-3907 Info:Prepared by CCUAGIS Portal - Water Features
Phone 904 272-5999 Gravity Sewer Features
J t 12/28/2022,9:07:14 AM
\ Conservation.Commitment.Commundy. Forced Sewer Features
YAUTN� 1 inch = 100 feet - Reclaimed Features