HomeMy WebLinkAboutDA CU22.23-16 - FCE Storage Return to:
Clay County Utility Authority CU22/23-16
3176 Old Jennings Road
Middleburg,Florida 32068-3907
FCE STORAGE
1661 BLANDING BOULEVARD
(Clay Utility System)
Name of Project
Parcel Number: 32-04-25-008103-004-00
Clay County
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this 3 0 day of
, 2023, by and between MIDDLEBURG SS, LLC, a Florida limited liability
compan , 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");
aWHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,
+05 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 water and/or, 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,potable water distribution system,
and reclaimed 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 and 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 water service 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, where applicable, and further to induce Utility to provide 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:
(a) Potable Water Capacity Charge:
($360.00 x 3.00 ERCs) $ 1,080.00 *
Alternative Water Supply Surcharge:
($376.71 x 3.00 ERCs) $ 1,130.13 *
SJWMD Black Creek Water Resource Charge:
($108.77 x 3.00 ERCs) $ 326.31 *
Wastewater Capacity Charge
($3,200.00 x 3.50 ERCs) $ 11,200.00 *
Environmental Impact Charge:
($410.00 x 3.50 ERCs) $ 1,435.00 *
Debt Service Charge:
($149.00 x 3.00 ERCs) $ 447.00
(b) Main Extension Charge- Water $ N/A
Main Extension Charge- Wastewater $ N/A
(c) Fire Protection Charge $ 12,157.89 **
(d) Meter Installation Charge $ 1,110.47 ***
(e) Plan Review Fee $ 539.00
(f) Inspection Fee $ 635.96
(g) Recording Fee $ 125.25
Total $ 30,187.01-,'"'
* - Includes 3.00 ERCs for water and 3.50 ERCs wastewater, based on the number of storage
units and fixture unit count, all in accordance with Utility's current Rate Resolution.
** - Based on 769 GPM of internal fire flow @$15.81 per gallon.
*** - Includes one 1 1/2-inch potable water meter for the building(w/o meter box).Developer will
use the existing well on the property for landscape irrigation.
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 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.
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 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.
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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.
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:
to (a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable
water distribution, reclaimed 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, reclaimed water, and wastewater systems are installed,with adequate legal
access to same, by recordable document satisfactory to Utility.
(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.
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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 water distribution facility and wastewater collection 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 water and wastewater service to the customers
within the Property,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.
The covenants and agreements of Developer contained in paragraphs 5,6 and 7 hereof shall survive
to 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,
including a Dependent or Independent Special District of Clay County, but subject to the terms of this
Agreement, the exclusive right or privilege to construct, own, maintain and operate the 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 water and wastewater collection facilities, save and except consumer installations, 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 shall be adequate legal access to same.
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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,reclaimed 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,reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed 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,
reclaimed 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.
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 21/22-05
(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.
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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.
15. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by mail or by electronic mail,and if to Developer,shall be mailed
or delivered to Developer at:
Middleburg SS,LLC
7880 Gate Parkway, Suite 300
Jacksonville,Florida 32256
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.
o 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.
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 wastewater and water
distribution system.
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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
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.
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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
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.
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.
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29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water and wastewater systems installed by Developer or Utility, in accordance with Utility's standard
specifications,details and notes,which are to be accepted by Utility for ownership and maintenance,as set
forth in paragraph 5(d)herein;and the Utility's charges associated with the review and quality assurance of
the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility
contractor and shall be provided in accordance with CCUA's"As-built Specifications Standards Manual",
which can be obtained from the Utility's website(www.clayutility.org).It shall be Developer's responsibility
to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the
required as-built drawing procedures.
30. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water and wastewater service within Developer's project,to apply to Utility for service after the
installation of the water and wastewater utilities have been completed and accepted by Utility. Upon
completion of application for 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.
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water,wastewater, or reclaimed facilities for the project covered by this Agreement.
32. 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.
33. Water and wastewater services for FCE Storage at 1661 Blanding Boulevard are contingent
upon the receipt and recording of the grant of easement from 1671 Blanding Boulevard.
34. The landscaping for this project(new or existing)shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.) of any water or wastewater mains to be owned by Utility.
35. Connection to Utility's existing 10-inch water main, the construction of the water main
extension, and the construction of the water services from the main to the meter location, 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. Utility shall own and
maintain the tap through the meters and to the upstream side of the fire main.All facilities downstream of
such facilities shall be owned and maintained by Developer.
36. Developer shall install or have installed a reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's 1 1/2-inch potable water meter for the building
Developer shall also install a double check backflow prevention device,which shall be located immediately
downstream of the 3/4-inch bypass meter on the 6-inch double detector check valve for the fire suppression
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 the installations of said devices,Developer
shall provide to Utility, for its permanent records, the Make, Model, Size, and Serial Number of said
devices. 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-
certifications 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.
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37. The charges set forth herein do not include any provision for the capacity charges associated
with the landscape irrigation system, as Developer will use the existing on-site well for that purpose.
Developer shall coordinate with Utility to establish that there are no cross-connections between the Utility's
potable water system and the privately-owned landscape irrigation water supply system.
Should the Developer choose to abandon its existing well and have irrigation water provided by
Utility, then abandonment of the existing well are to meet all regulatory requirements, and shall be at
Developer's responsibility and expense. A separate agreement will be prepared for the additional capacity
and/or water meter requirements, should this occur.
38. Utility agrees to provide minimum fire flows of 769 GPM to the point of connection to
Utility's fire main stub, subject to acts of God and temporary emergency conditions.
39. Connection to Utility's existing 4-inch wastewater force main and the construction of the
force main extension,and the construction of the wastewater infrastructure 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. Utility shall own and maintain the tap through
the connection point. All facilities downstream of such facilities shall be owned and maintained by
Developer.
40. The wastewater connection point being constructed is a pressure force main connection point
and will require the Developer's installation and maintenance of a grinder pump station and piping,capable
to of pumping Developer's flow at the required pressure condition, and connection of said piping to Utility's
system at the valve box within Utility's proposed easement on the front of the Property, in order for
Developer's flow to be pumped into Utility's system for treatment and disposal. In addition, Developer
hereby agrees to install and maintain a Flowmatic ball check valve, Model 508 (epoxy coated cast iron
body),on the discharge side of the Developer's grinder pump station. The Flowmatic ball check valve shall
be placed in a protective valve box with a lid. The check valve and valve box shall be positioned on a
horizontal segment of pipe at least two linear feet outside of the grinder pump station.
Prior to the start-up of the grinder pump station,Developer will be required to pull the grinder pump
for Utility's inspection to ensure the proper grinder pump and check valve have been provided. If the proper
grinder pump and check valve have been provided,the system start-up will be allowed to proceed. If not,
Developer shall correct the pump station and check valve and call for a follow-up inspection. An additional
service charge will be assessed for the follow-up inspection.Developer will own and maintain the private
pumping station and check valve on the Property,and in the event of an electrical power outage, it shall be
Developer's responsibility to provide backup power, if continuous service is desired. Utility is in no way
responsible for damages or injury,either directly or indirectly,related to sanitary sewage overflows,spills or
stoppages related to loss of electrical power or any malfunction of the privately owned facilities.
41. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain, 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.
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42. 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.
43 All water and wastewater installations/connections shall be in accordance with the plans
prepared by Matthews Design Group,Inc. entitled 1661 Blanding at FCE Storage.,Project No.21160, as
described in Exhibit"B", or as modified in a manner acceptable to Utility.
44. This Agreement does 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.
45. The construction of this project will not commence until receipt by Utility of all necessary
permits and easements, and this Agreement is executed and the charges stated herein are paid.
46. 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 be commenced prior to
October 1, 2023, or this Agreement will be subject to any Service Availability charge increases currently
approved,which may be 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.
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[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:
MIDDLEBURG SS,LLC,
a Florida limited liability company,
By: NOUVEAU MANAGEMENT GROUP,
LLC, a Florida limited liability company,
its Manag
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Witness:�-'G /� � By: ' 4 CI R._ (Seal)
Print Name: went( D.Ashourian,Manager
Witness: 4•%Q.-"'-
Print Name: , 074i/gt. �f
STATE OF 9'? ri do
COUNTY OF ,t�v ✓q/
to The foregoin ins rument was acknowledged before me by means of I I physical presence or❑online
notarization this GS day of 6',1 ,s 2023,by ELAINE D.ASHOURIAN,as MANAGER
of NOUVEAU MANAGEMENT GRO CP,LLC;a Florida limited liability company,as MANAGER of
MIDDLEBURG SS, LLC, a Florida limited liability company, who ispersonally known to me or has
produced , as identification.
Print Name: r-o/- 3- , '
Notary Public
State of Fla,r`JrA at Largee..,. TERESA BURKE
My Commission Expires: * (_% * Commission#HH 336155
is z'oF�OQ� Expires March 23,2027
-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness. �.. �� r Z By: 1• _ �.� ''
Print Nara : Wet M Stit& Je , y ►, John ton,P.E.,M.B.A.
I ,ecut'l b ire - or
(Corporate Seal)
Witness: AaliirraPci ----
Print Name: Summer P. Berndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online
notarization this _)Sday of / )jUSj' , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
• Notary Public State of Florida Print Name: ummer e
�� �4`'`� Summer P E Berndt
@ My Commission GG 950878• Notary Public
aFd" Expires min/2024
State of Florida at Large
My Commission Expires: Oi/9W&LI
FCE STORAGE •
1661 BLANDING BOULEVARD
Parcel Number: 32-04-25-008103-004-00
EXHIBIT "A"
Aparcel of land situated in the South 1/2,ofthe Northeast 1/4,of Section 32,Township 4 South,
Range 25 East,Clay County,Florida;said parcel being more part iaulerly described as follows:
Commence at the.Southwest corner of said South 1f2,of the Northeast 1/4;thence on the South
line thereof,run North 88 degrees 57 minutes 10 seconds East 1,477.18 feet;thence North 40
degrees 52 minutes 30 seconds West 518.31 feet,to the Point of Beginning;thence continue North
40 degrees 52 minutes 30 seconds West 600.00 feet to the Southeasterly line of State Road No.
2!,(as.per State Road,Department Right of Way Map,Section No,7 107 0-251 8);thence on last
said line,North 55 degrees 02 minutes 30 seconds East 400.00 feet;thence South 40 degrees 52
minutes 30 seconds East 600.00 feet;thence South 55 degrees 02 minutes30 seconds West400,00
feet,to the Point of Beginning
The Real Property or its address is commonly known as: •
1661 Blanding Blvd,Middleburg,Florida 3206E
to
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30Scndce AaailabilityMeeeloper Agreement Master FileNeceloper AgreemrnLctBlanding Boule aMlAGR.FCE Storage 1661 Blending Boulevard jmg.doe
Last pooled 6/122023 10:36 AM
EXHIBIT "B
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: 1661 Blanding at FCE Storage
Engineer: Alex R.Acree,P.E.
Matthews Design Group, Inc.
7 Waldo Street, Suite 102
St.Augustine, Florida 32084
Job Number: 21160
Date: December 22, 2021
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
1 Cover Sheet 01/28/2022
2 General Notes Sheet 01/28/2022
3 Utility Notes 01/28/2022
4 Survey , 01/28/2022
5 Demolition Plan 01/28/2022
to 6 Site Plan 01/28/2022_
7 Paving and Drainage Plan , 01/28/2022
6 Utility Plan 01/28/2022
9 Landscape Plan 01/28/2022
10 , Landscape Specifications 01/28/2022
11 Tree Mitigation Plan , 01/28/2022
12-17 Construction Details 01/28/2022
19 SWPPP 01/28/2022
XAService Availabilty\Developer Agreement Master Fit elDeveloper Agreements\Blandmg BoulevanMMAGRFCE Storage 1661 Blanding Boulevard jmg.doo
Last printed 6/12/2023 10.56 AM
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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 i
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
,.r. 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
W which may be present in this drawing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field II
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
'.,/ / CCUA
illillillC
0 C0UN Title:
` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
�� Middleburg, Florida 32068-3907 Prepared by CCUA GIS Portal Water Features
'a Phone 904 272 5999 Ill■ Gravity Sewer Features
t8/31/2023,2:46:26 PM
�� Conservation.Commitment.Commundy. Forced Sewer Features
�TYAUTN� 1 inch = 200 feet - Reclaimed Features