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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