HomeMy WebLinkAboutEDB 6 Request for Approval of MOU for GCSB EXECUTIVE SUMMARY
AGENDA ITEM:
Request for approval of the Memorandum of Understanding (MOU) with Clay County (the
"County"), Clay County Utility Authority (the `CCUA"), and Governor's Park Property Holdings,
LLC (the "GPPH") regarding the basis of design along property centerline for pipeline and future
roadway construction in the corridor known as the Green Cove Springs Bypass (the "GCSB").
Date: September 1, 2023
BACKGROUND:
Staff requests approval of an MOU with the County and GPPH regarding the establishment of the
centerline of a future road corridor as the basis for easements related to pipeline construction.
CCUA's contractor continues to make good progress in preparing to install water and reclaimed
mains and sewage force mains in a future roadway corridor known as the GCSB. Staff coordinated
with the County and GPPH, the landowner, on the location of the mains to locate the pipes in the
right of way of that future parkway. The County Manager requested an agreement between all parties
cu memorializing this coordination and the location of the future roadway centerline.
a)
•
ots By way of this MOU, all parties agree that the centerline of the northern portion of the GCSB from
o State Road 16 to County Road 15A is depicted in Exhibit A of the MOU. CCUA's Consultant
3 designed critical infrastructure transmission mains located offset from this centerline,positioned to
be located in the future right of way of the GCSB. CCUA's contractor is nearly ready to begin
cc
construction of those pipelines. CCUA's Consultant reviewed and coordinated with staff and
GPPH's Engineer of Record to ensure conformance with GPPH's land interests. GPPH, the
landowner, agrees to locate the roadway as shown in the Exhibit. The parties intend to minimize
conflicts in the subsequent design of the GCSB and for the mutually beneficial planning and orderly
design and construction of future roadways, utilities, and other infrastructure improvements that
may be needed for future development in this area. CCUA agrees to relocate infrastructure, as
reasonably needed,to accommodate future roadway drainage structures and crossroads.
REQUEST:
Staff respectfully requests authorization for the Executive Director to execute the attached
Memorandum of Understanding on behalf of the Authority as an agreement between the County,the
CCUA, and the GPPH as to the centerline alignment of the future Green Cove Springs Bypass and
the rights and responsibilities of parties moving forward.
ATTACHMENTS:
Memorandum of Understanding
//MB(Author)
//PS (Final)
2023-09-05 MB
Clay County Agreement/Contract No. 2022/2023-
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CLAY COUNTY, FLORIDA
AND
CLAY COUNTY UTILITY AUTHORITY
AND
GOVERNOR'S PARK PROPERTY HOLDINGS,LLC
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the day of
2023 ("Effective Date")by and between CLAY COUNTY(the"County"),a political
subdivision of the State of Florida,whose principal business address is 477 Houston Street, Green
Cove Springs, Florida 32043, and CLAY COUNTY UTILITY AUTHORITY (the "CCUA"),
an independent special district in the State of Florida whose principal business address is 3176 Old
Jennings Road, Middleburg, Florida 32076, and GOVERNOR'S PARK PROPERTY
HOLDINGS,LLC(the"GPPH"),a Delaware limited liability company,whose principal business
address is c/o BTI Partners 401 E. Las Olas Boulevard, Suite 1870,Ft. Lauderdale,Florida 33301.
The parties listed above are referred to individually as a"Party"and collectively referred to as the
"Parties".
This MOU comprises the County,the CCUA, and the GPPH's understanding as to the basic terms
and conditions pursuant to which the CCUA is to install utility infrastructure in advance of the
roadway, known as the Green Cove Springs Bypass. (the "GCSB").
In consideration of the premises and mutual covenants contained herein, and for the adequacy of
which are mutually acknowledged, the following terms and conditions are mutually covenanted,
promised, and agreed upon by the Parties:
1. GPPH is the fee simple owner of that certain tract of land (17-06-26-015574-001-00)
located in Clay County, Florida. (the "Property")
2. The Property contains a corridor for the northern portion of the GCSB from State Road
16 to County Road 15A.
3. Parties acknowledge and agree that the centerline for the northern future roadway will
be located as depicted in Exhibit A, for the mutual benefit in planning, and the orderly
design and construction of future roadways, utilities, and other infrastructure
improvements as may be needed for the future development of this area.
4. CCUA has designed and will be constructing critical infrastructure transmission mains
located offset from this centerline, positioned to be located in the future right of way
of the GCSB. These utilities are shown, relative to the mentioned centerline in Exhibit
ACTIVE:19485111.5
A and were reviewed by GPPH's Engineer of Record to ensure conformance with
GPPH's land interests.
5. Subject to permitting and site considerations and acknowledging the centerline shown
on Exhibit A, GPPH and the County agree to use commercially reasonable efforts to
minimize conflicts with the CCUA's infrastructure during the subsequent design of the
GCSB.
6. The CCUA agrees to bear the future cost associated with relocating the then-existing
utilities in areas deemed unavoidable such as roadway drainage structures or other
features.
7. The CCUA agrees to subordinate its easement along the GCSB to the County for right-
of-way once the final design is established
8. The CCUA's utility infrastructure shall be located within the future right of way of the
GCSB.
Cooperation:
Commencing on the Effective Date of this MOU,the Parties agree to cooperate and work together
in accordance with the intent of this MOU.
Remedies:
The Parties will attempt to settle any dispute arising from this MOU through negotiation and a
spirit of mutual cooperation. Each Party shall have the right to seek the judicial enforcement and
interpretation of this MOU.
Notice:
Any notice required or desired to be given hereunder, or any items required or desired to be
delivered hereunder, may be served or delivered personally or by certified mail, return receipt
requested,postage prepaid,or by any reliable and nationally recognized overnight delivery service,
addressed as follows:
COUNTY Clay County
c/o Howard Wanamaker, County Manager
477 Houston Street
Green Cove Springs, Florida 32043
2
ACTIVE:19485111.5
CCUA Clay County Utility Authority
c/o Jeremy D. Johnston, Executive Director
3176 Old Jennings Road
Middleburg, Florida 32068
j j ohnston@clayutility.org
GPPH: Governors Park Property Holdings, LLC
c/o BTI Partners LLC -Noah Breakstone
401 East Las Olas Blvd, Suite 1870
Fort Lauderdale, Florida 33301
nbreakstone@btipartners.com
with a copy to:
Governors Park Property Holdings, LLC—Marc Porosoff
300 Atlantic Street, Suite 1110
Stamford, CT 06901
mporo soff@westportcp.com
Notice may also be delivered to such other address as the Party to be served may direct by written
notice to the other Party. If such notice is sent or delivery is made by registered or certified mail,
such notice or delivery shall be deemed as served, made, and effective seventy-two (72) hours
after posting.
Amendment:
The MOU may only be modified and amended by written agreement duly authorized and executed
by the Parties hereto. No oral agreements or representation shall be valid or binding upon any
Party.
Further Assurances:
Each Party agrees that it will execute and deliver to the other promptly upon demand any and all
documents or other instruments and take such other action as is necessary to give effect to the
terms and intent of this MOU.
Recording:
This Agreement shall be recorded in the public records of Clay County, Florida. This Agreement
shall not constitute a cloud or encumbrance on title to any lands.
3
ACTIVE:19485111.5
IN WITNESS WHEREOF, the Parties hereto have duly executed this MOU effective as of the
Effective Date to indicate agreement with these terms and conditions and to proceed with the work
and efforts required to complete the installation of the utility infrastructure.
COUNTY: WITNESSES:
CLAY COUNTY,
a political subdivision of the State of Florida Print Name:
By:
Name: Howard Wanamaker Print Name:
Title: County Manager on behalf of the Board
of County Commissioners
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑
online notarization this day of ,2023,by HOWARD WANAMAKER,as
COUNTY MANAGER on behalf of the BOARD OF COUNTY COMMISSIONERS, a political
subdivision of the State of Florida, who is personally known to me.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
4
ACTIVE:19485111.5
CCUA: WITNESSES:
CLAY COUNTY UTILITY AUTHORITY,
a political subdivision of the State of Florida Print Name:
By:
Name: Jeremy D. Johnston, MBA, PE Print Name:
Title: Executive Director
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑
online notarization this day of , 2023, 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.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
5
ACTIVE:19485111.5
OWNER: WITNESSES:
Governors Park Property Holdings, LLC,
a Delaware limited liability company
Print Name:
By:
Name:
Title: Print Name:
Print Name:
By:
Name:
Title: Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑x physical presence or
❑ online notarization this day of , 2023,by
, as ,GOVERNORS PARK PROPERTY HOLDINGS,LLC,
a Delaware limited liability company, who is personally known to me.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
6
ACTIVE:19485111.5
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑x physical presence or
❑ online notarization this day of , 2023,by
, as ,GOVERNORS PARK PROPERTY HOLDINGS,LLC,
a Delaware limited liability company, who is personally known to me.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
7
ACTIVE:19485111.5
Exhibit "A"
MAP SHOWING SKETCH AND LEGAL DESCRIPTION OF
A PART OF SECTIONS 18 &28, TOWNSHIP 6 SOUTH,RANGE 26 EAST
CLAY COUNTY,FLORIDA
A PART OF SECTIONS 28, TOWNSHIP 6 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND BEING 155 FEET IN WIDTH, LYING 72.50 FEET EASTERLY AND 82.50 FEET WESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTHEASTERLY SECTION CORNER OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE 26 EAST, THENCE SOUTH 89 DEGREES 07
MINUTES 32 SECONDS WEST, 2586.52 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 03 SECONDS WEST, 59.77 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF STATE ROAD 16 AND THE POINT OF BEGINNING.
FROM THE POINT OF BEGINNING THUS DESCRIBED THENCE SOUTH 00 DEGREES 00 MINUTES 03 SECONDS WEST, 433.67 FEET TO A POINT OF
CURVATURE OF A CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE RUN IN A SOUTHEASTERLY DIRECTION
ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 1755.32 FEET TO A POINT OF TANGENCY, SAID ARC BEING SUBTENDED BY A CHORD BEARING
AND DISTANCE OF SOUTH 25 DEGREES 08 MINUTES 32 SECONDS EAST, 1699.52 FEET; THENCE SOUTH 50 DEGREES 17 MINUTES 07 SECONDS EAST,
1273.88 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4584.00 FEET; THENCE RUN IN
A SOUTHERLY DIRECTION ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 2026.43 FEET TO A POINT OF TANGENCY, SAID ARC BEING
SUBTENDED BY A CHORD BEARING OF DISTANCE OF SOUTH 37 DEGREES 37 MINUTES 16 SECONDS EAST, 2009.97 FEET; THENCE SOUTH 24
DEGREES 57 MINUTES 24 SECONDS EAST, 1361.86 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 8357.00 FEET; THENCE RUN IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 3979.70 FEET TO A
POINT OF TANGENCY, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 38 DEGREES 35 MINUTES 57 SECONDS EAST,
3942.20 FEET; THENCE SOUTH 52 DEGREES 14 MINUTES 30 SECONDS EAST, 2130.27 FEET TO A POINT OF CURVATURE OF A CURVE BEING
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3500.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC
LENGTH OF 1991.64 FEET TO A POINT OF TANGENCY, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 35 DEGREES 56
MINUTES 24 SECONDS EAST, 1964.87 FEET; THENCE SOUTH 19 DEGREES 38 MINUTES 17 SECONDS EAST, 697.56 FEET TO THE POINT OF TERMINUS
OF SAID CENTERLINE.
THE SIDELINES OF SAID CENTERLINE SHALL BE PROLONGED OR SHORTED SO AS TO TERMINATE ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID
STATE ROAD NO. 16. LESS AND EXCEPT ANY PORTION OF THE LANDS LYING WESTERLY OF THE EASTERLY RIGHT OF WAY LINE OF SPRING BANK
ROAD.
to
SURVEYOR'S NOTES
1) THIS IS A SKETCH AND DOES NOT PURPORT TO BE A BOUNDARY SURVEY.
2) BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE
26 EAST, HAVING AN ASSUMED BEARING OF SOUTH 89.27'40" WEST.
3) ALL DIMENSION SHOWN HEREON ARE IN FEET UNLESS OTHERWISE NOTED. ('
4) THIS LEGAL DESCRIPTION WAS CREATED BY THIS DRMP.
Surveyor's Certification: , ,l`llllll1gglllll—
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN -'��� 6,1 L T on1�j IIIII PROJECT
HEREOBOARDNOFEETS THE PROFESSIONALDARDS OF SURVEYORSRACTICE AS AND MAPPERSTANDRTH CONBY THETAINED IN 4. �fi else Nu ♦11 LOCATION
OCATION
CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER % 4
472.027 FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND • '' cc j
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED •• N i
UNDER MY DIRECTION. i •
Hd LS6503 a. •
♦ .e a'
•
State of 4
♦♦ J Florida '' -
//II
IIIIJIi SUrvey°i �.•'' ERapkins __ 111j',,,,,,,,,,,,,,Florida Professionaand Mapper(PSM) VICINITY MAP
No.6503 JULY 24, 2023 NOT TO SCALE _
calka
WOIndex of Survey Sheets 5 Job No.:22-0082.000
D . P 1 LEGAL DESCRIPTION (COVER SHEET) a
3 Date:05/25/2023
2 9 SKETCHSheet No.
8001 Belfort Parkway,Suite
200,Jacksonville,FL 32256 2
904-641-0123 1 OF 9
www.DRMP.com
LB#2648 No. Date Revision By I
POINT OF COMMENCEMENT
I i 1 SOUTHEAST CORNER OF SECTION 7,
I I SOUTHERLY LINE OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE 26 EAST
I TOWNSHIP 6 SOUTH,RANGE 26 EAST -
STATE ROAD 16 WEST z—
120' RIGHT—OF—WAY)
S'LY R/W LINE
—NK- POINT OF BEGINNING
m PROPOSED CENTERLIN2
ri
M
V
'Co
O
O
O
b
O
co
PC
I
\
1
\ o
0
\ 7,
13
v rn
\ \ ma
co
\ o
I
L_ 0
I \ \ (..1,
I I-
I
O \
co
0
Q w \\ \
O
J
Z
Q
m )- \
0 iw
Z
E \ \
0_
\ \
\ \
\ \
\ \
\ \
\\ e'� N
MATCHLINE
N \SHEET 3
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
2 OF 9
\ MATCHL S T 2
E
\ \
\ \
\ e- \
N
N
N
N
N N
N
N
NOFFICIAL RECORDS BOOK 4675 N
PAGE 1196 N
N N
N
N
N N
N
Nh
4;1/ N
N N
N N.
1' ,.
N
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
3 OF 9
w�J
\
C/9
\ oFo
9�F pas
Trs
s
\ \
\ \
\ \
\ \
\ \
F
MATCHLINE
SHEET 5\
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
4 OF 9
?1
SH T 4
MATCH�INE
\ \
\ \
\ \
\ \
\
\ \
\ \ \T
\ \ O
9<
\ \A��C"
9C 0
F�
\Voloo�
\ \ -
.1:-
\ $25 \
\
\ \
\ \
\ \
\
PG
\
\ \
\ \
\ \
\ 0�2 \
\ Z \
\ F \
\ \
\ \
\ \
\
\ \
\ \
\ MATCHLIN6
SHEET 6 \
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
5 OF 9
SHEET
MATCHLIN
PRO-ISED CENTERLINE
EASEMENT
OT
i
C<F
A P
9s<6 pos
96 O
O,�
\ \ RS,s
cF
2T
F \
F
N
N
CJ W
W
=
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
6 OF 9
wI
N �
\ OAT
\ r�
O
06,
NN 66bOt
N Ref
oF� \
N
\ N
\ w
\ N
N
N
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
7 OF 9
1
1
o,
w � F'°/
a 9k
Fo
A9C��O se°°�
\ Asp
\ s
1
\ N.
NN OFFICIAL RECORDS BOOK 4675
\ PAGE 1182
N.
N.
N N
N
N
\ \
N
N
OFFICIAL RECORDS BOOK 4675 N
PAGE 1182
N.
N
N
N i
N N
N. QG \
N wl
N
\z
w
N '1
a
N
\
N
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
8 OF 9
wj=\
\
OFFICIAL RECORDS BOOK 4675
\ \ PAGE 1182
sss
cs
-13
F
\ \
\
\
\ a25 \
\ \
\ \
1 \
\ \POINT OF TERMINUS
PROPOSED LIMITS OF
LIMITED ACCESS
INTERCHANGE TO STATE
ROAD 23
THIS SURVEY IS NOT
VALID WITHOUT ALL
SHEETS
Sheet No.
9 OF 9