HomeMy WebLinkAboutDA RU21.22-1 Almadon Office & Warehouse Phase 1, 4170 County Road 218 Return to:
Clay County Utility Authority R lJT2 1/22_1
3176 Old Jennings Road
Middleburg,Florida 32068-3907
ALMADON OFFICE &WAREHOUSE
PHASE 1, 4170 COUNTY ROAD
(Ravines System) '.'.,_
Name of Project
F.y
Parcel Number: 09-05-24-005954-058-01
Clay County
DEVELOPER AGREEMENT
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THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this ""��((,,����1 day of
2 22 and etween ALMADON LLC a Florida limited liabil�cm;;an
0 , by b tY P y,
hereinafter refers to as "Developer",and CLAY COUNTY UTILITY AUTHORITY,an independent _I ---..-
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,
central water and wastewater service to the Property and thereafter operate applicable facilities so tli t 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 Sollows;;
1. The foregoing statements are true and correct. 1. t u;, •
2. The following definitions and references are given for the purpose of interpreting the tei-isrs 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. y
(b) "Contribution-in-Aid-of-Construction(CIAC)" -The sum of money and/or the vane'
of property represented by the cost of the wastewater collection system,potable water distribution systemt,.
and reclaimed water distribution system constructed or to be constructed which Developer,or owr*,
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to specified roe `'
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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. ,rc,
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected witl .
the pipes of the consumer. Point of delivery for water service shall be at the consumer's side ofthe 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 requet
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages;. ;
taxes, liens and covenants. ..i'
4. Connection Charges - In addition to the contribution of any wastewater collectiont:system
and water distribution systems, where applicable, and further to induce Utility to provide-Dater and
Wastewater service,Developer hereby agrees to pay to Utility the following fees and charges, as d fliied'iri
the Rate Resolution(including Service Availability Policy),upon execution of this Agreement in order to
reserve capacity in the System:
to (a) Potable Water Capacity Charge:
($360.00 x 1.00 ERC) $ 360.00 * -.
Alternative Water Supply Surcharge: •
$365.74 x 1.00 ERC) $ 365.74 *
SJWMD Black Creek Water Resource Charge:
($100.25 x 1.00 ERCs) $ 100.25 *
Wastewater Capacity Charge:
($3,2)0.00 x 1.0Q ERC) $ 3,200.00 * ' `
Environmental Impact Charge: `),'., -A.
($410.00 x 1.00 ERC) $ 410.00 * ; v'ti'-c ' `,
Debt Service Charge:
($167.00 x 1.00 ERC) $ 167.00 ?'�','
(b) Main Extension Charge - Water $ 5,766.21 **
Main Extension Charge - Wastewater $ 11,036.57 ** ?
(c) Fire Protection Charge $ N/A
(d) Meter Installation Charge $ 450.50 ***
(e) Plan Review Fee $ 500.50
(f) Inspection Fee $ 451.09 '.
(g) Recording Fee $ 125.00 '
Total $ 22,932.86Y "
* - Includes 1.00 ERC for water and wastewater for the building,based on 2,400 square feet,a.i
in accordance with Utility's current Rate Resolution. 1 ?':< '` ''
** - See Paragraph 39 for explanation of charges. :
*** - Includes one (1) 1-inch potable water meter for the building without a meter' ok.'';`This
Agreement does not include a provision for any other separate landscape irrigation meters for
the Property.
Note: Items (e) and(g) 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 an9,.
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 Td-'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
to 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 too 't, system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specificcatioi
The Utility shall have the right to inspect all phases of construction undertaken by outside contraetbh for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburge the
Utility for its cdsts 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. 'I '
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 at
Wastewater systems for the project. The proposed electrical transformer layout of the electrib''ritiliiy
providing service must be provided to the Utility prior to commencement of construction. ' !'0
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Developer shall guarantee Utility against defects in material and workmanship for the portion of the
Oii-Site System to be owned by the Utility or County, if so designated by Utility. Developer slal-lseciire,
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 twd
(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(o tlial.tilitq
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,clafii's ;`deb'ts
or demands by reason-of defects, latent or otherwise, in the system which could not have been reas'di ably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)yea0from
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 arid
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 potalil'e
water distribution, reclaimed water distribution, and wastewater collection systems. , •
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(b) Provide copies of invoices and Release of Liens from contractor for installation of tl1 iitility
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. ;r
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering at1
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 satisfadtb,ry 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 facilitie!
in accordance with approved plans.
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6. Off-Site Installations - Developer shall further construct all transmission mauls, °pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropiiate;`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, 'a"s
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 c),3 see tlio
connection of the water distribution facility and wastewater collection facility installed by DevelopeeE, the
central facilities of Utility in accordance with all rules, regulations and orders of the appikcable
governmental authorities. Utility agrees that once it provides water and 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.
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 tlie•
Property. Should any such covenant or agreement of Developer in fact be outstanding followiri githero
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,'Upq i iuty
(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 ang
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors an L' i n5
including a Dependent or Independent Special District of Clay County, but subject to the ternis;o*.this
Agreement, the exclusive right or privilege to construct, own, maintain and operate the wate4and
wastewater facilities to serve the Property in, under,upon, over and across the present and future afireets,
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 grantor
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
Utility. All water and wastewater collection facilities, save and except consumer installations, shall b`e
covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way.Xoi•
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 44
its facilities in any of the easement areas.
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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 oiinferest
in and to such facilities or any part of them, for any purpose, including the furnishing of potable.1,ifater,
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 ofprovidirig
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 residen
building or unit constructed thereon.
to 12. Rates -Utility agrees that the rates to be charged to Developer and individual conitiOrs or
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
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adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from trine 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 iN
Property. However, all such rules and regulations so established by Utility shall at all times be reasonabfe
and subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-All commercial facilities which discharge non-domestic typer astes
into the Utility's collection system are required to meet the requirements of Resolution 1940-06
(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 stripPe;
for processing. A ermi: ee
product and waste. Upon notification, a permit application will be sent to Developer, tepn.anto.frt
Property/project ownerills:
or Lessor to be completed and submitted to Utility
not required by Utility for an Industrial Pretreatment Permit. Failure to follow these procedur6 in r
ayr, estli
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 approvi`I
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.
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15. Notice - Until further written notice byeither partyto the other, all notices rovided for
provided
herein shall be in writing and transmitted by messenger,by mail or by telegram,and if to Developer,sl all be
mailed or delivered to Developer at: s:',:•`
Mr. Don Shillcutt
Almadon, LLC
1055 Southern Hill Drive
Orange Park, Florida 32065
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and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road � 'Yfl
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
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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. .,r
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce tli.
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 incurredincludmg
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 harmleks from aiia
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorneys,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 ard;:.water
distribution system. .'x
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MISCELLANEOUS PROVISIONS
20. The rights,privileges,obligations and covenants of Developer and Utility shall survive i e
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. kerein
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 tl
others.
23. Whenever approvals of any nature are required by either party to this Agreement,it is;agreed
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that same shall not be unreasonably withheld or delayed.
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24. The submission of this Agreement for examination by Developer does not constitute ail 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 rigl}t
or power at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed:to�pr'ovide
water and wastewater services to Developer's project. Capacity reserved hereunder cannot and slial`hot 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. Theparties hereto recognize thatprior to the time Utilitymayactuallycommence up o 'tE a
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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 ariat;Odl esil'y
make the necessary proper applications to all governmental authorities and will pursue the same td1:ti4b: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 assurrance.;of
the CAD as-built survey drawings will be paid directly by Developer's licensed undergroundi;utility
contractor and shall be provided in accordance with CCUA's"As-built Specifications Standards 14 ual",
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. 1.3-1,0'i
completion of application for water and wastewater service and payment of the appropriate charges set fort`i
in Utility's then current applicable Rate Resolution,including any security deposits required,seice will b'e
initiated to customers within Developer's Property.
31. Developer shall not place any conservation easements over any of the easement lan i�'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. The landscaping for this project(new or existing) shall not include the planting.of any treks
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within seven and one-half feet (7 ft. 6 in.) of any water and wastewater mains to be owned by Utility;
34. The tap of the existing 12-inch water main, connection to Utility's system, aid tle
construction of the water service from the main to the meter location,shall be installed by Developeir'szState
of Florida Licensed Underground UtilityContractor and shall meet all of the requirements of Utili .bfror to
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Utility's acceptance for ownership and maintenance.Utility shall own and maintain the tap through thejtneter
and all facilities downstream of the meter shall be owned and maintained by Developer. All water
installations shall be in accordance with the plans prepared by Tocoi Engineering,LLC.,Project No.20.-385,
as described in Exhibit"B", or as modified in a manner acceptable to Utility.
35. Developer shall install or have installed reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's proposed 1-inch potable water meter for tic
building. Such installation shall be in compliance with the requirements of the Florida Department of Health
and Rehabilitative Services and Utility. Upon the completion of the installation of said device;,D.eveloper
shall provide to Utility for its permanent records the Make, Model, Size, and Serial Number'€` ;f said
device. Furthermore, this device must be tested and recertified by a certified backflow prevvetion
technician,annually or such other period as may be required by Utility. Proof of the annual testing aid re-
certification must be submitted to Utility for its records. This installation and annual re-certification shall be
the responsibility of the Developer or its successors and assigns. Utility shall have access to the water
meter, during normal business hours, for meter reading and maintenance purposes.
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X,tScrvice Availability\Developer Agreement Molter FdetDeveloper AgrccmcntsNMiddleburg Sen4ce AreolALMADON.OFFICE.WAREHOUSE,PHASE 1.4170 CR 218 JMG.doc
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36. Developer's wastewater facilities shall connect to the existing wastewater stub::already
provided for the Property. Developer shall own and maintain all wastewater facilities upstreain.4 that
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connection point. All service lateral lines servicing Developer's Property, which are located upst��eam of
such facilities shall be Developer's responsibility for ownership and maintenance. "'?w'
• r;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*
unintentionally drain storm water shall not connect to Utility's wastewater system. . , ia,, { ;.:, .:.�
39. The charges set forth in paragraph 4(c) "Main Extension Charge - Water" and ,'";Main
Extension Charge - Wastewater", of this Agreement, reflect Developer's pro rata share applicable td,this
project for the estimated cost to develop the entire Middleburg Service Area with water and wastewater
utilities divided by the total number of acres that can be served within that area. The intent being to evenly
divide that cost over the property that will benefit from the water and wastewater service. This cost per acre,
including carrying charges to date,is$5,582.00 per acre for water and$10,684.00 per acre for wastewater;
therefore, generating a total charge of$16,802.78 (1.033 acres x $16,266.00). i.i:
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40. In accordance with Utility's Water Conservation Policy on file with the St. Johns Rider
Water Management District,Utility is not allowed to let Developers use master meters to metermore than
one tenant or separate business. At any time during the course of Utility providing servioei,to this
development,after the effective date of this Policy,October 1,2005,Developer agrees that Utility:shathave
the right to inspect and audit the number of businesses per meter. When this inspection occuis;Af no
violation of this policy is found,there will be no charge for the inspection. However,for each violatidi•that
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.
41. The charges shown on page 2,paragraph 4(a)through(g)of this Agreement,are to assess the
charges for Almadon Office and Warehouse, Phase 1, located at 4170 County Road 218, as shown on the
plans prepared by John Mahoney, III., P.E., titled Almadon Office and Warehouse, Phase 1 (See Exhibit
"B"),and does not include any other developments (future additions,buildings and/or out parcel projectis
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:*4,,, •,':1;
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42. The construction of this project will not commence until receipt by Utility of all'necessarj':
permits and easements, and this Agreement is executed and the charges stated herein are paid. ' .,_xi,•
43. This Agreement will need to be executed by Developer and the charges paid(shown on.page
2 of Agreement),prior to October 1,2022,and the construction of the utilities shall be commenced priorto
October 1, 2022, 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, 2022; and this Agreement is subject to any material cost increases which
Utility may experience after October 1, 2022. aS ,
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)(A.S.-vice Availability\Developer Agreement Master Fi1elDeveloper Agreements\Middleburg Service Area\ALMADON.OFFICE.WAREHOUSE,PHASE 1.4I70 CR 218.1MG.doc ji,
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IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreeinent,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counteipart
shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
ALMADON, LLC, k:t
a Florida limited liability company, 41,
..._____..------ )4416
Witness: B '.'c'f"' (Seal)'
Print Name: aii5/1,,, 165 Donald D. Shillcutt, Jr.,Manager.'f:-:•n'' : r
..„,
Witness:
Print Name: JIrwel C(An A 00 0
STATE OF gOn Clei --1
COUNTY OF &VC//
._ The foregoing instrument was acknowledged before me by means of Physical presence Or-',t1bniftle
to notarization this ta.5 day of ,.,bnutctry .
, 2022, by DONALD D. SHILLCUTT,,I,11,1 as
MANAGER of ALMADON,LLC, a Florida limited liability company,who is personally known toi#e or
has produced . FOL , as identification.
A.,:iyi 'i;;,.., DENZEL JOSHUA CALINISAN Print Name:fl
Notary Public Dm 74 -04907714-a///74 I 4 r '',''zeTc":, Notary Public-State of Florida i u.
i.:3 Zr.r Commission r.-Hrl 09P046
My Comrr.Expires Fen 18,2025 State of Florida at Large
Bonded through Natiora:Notary Assr.. :- ;
My Commission Expires: 0D,fi a tac-15
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WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness: By: L. -
Print Name: V", WillaDONAL,1 ere;41,:a ohn•ton, P.E.,
x;MTP4 irec or Witness: C‘{- .
Print N Jina M. Gibbs (Corporate Seal):'
STATE OF FLORIDA
COUNTY OF CLAY
,-
The foreggillig instrume t was acknowledged before me by means of El physical presence or D onlihe
notarization this 7Ag day of , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, w • is personally known to me.
#4,
p004, Notary Public State of Florida Print Name: - 'a i1/4ANZDAlIck-Cb,:'T
Ashley Elizabeth MacDonald
•9(),cot 2 11136724
Notary Public
' - i =02
State of Florida at Large
to My Commission Expires:
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ALMADON OFFICE AND WAREHOUSE,PHASE 1
4170 COUNTY ROAD 218
Parcel Number: 09-05-24-005954-058-01
Official Records Book 4363,pages 2049 to 2054 •
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EXHIBIT "A"
Lot 20,Block 55, Jacksonville•South Unit One, a subdivision according to the plat thereof recorded in
Plat Book 10, Pages 36 through 45, of the Public Records of Clay County, Florida.
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XAService Availability\Developer Agreement Master File\Developer AgreementAMiddlebutg Service ArcaV LMADON.OFFICE.WAREHOUSE,PHASE L4110 CR 218.1MG.doc
Last printed 1/24/2022 12:58 PM
EXHIBIT 11B11
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Almadon Office and Warehouse, Phase 1
Engineer: John Mahoney, III,P.E.
714 North Orange Avenue
Green Cove Springs, Florida 32043
Date: January 7, 2022
Engineer Description " Latest
Drawing Engineer
Number Approved:
Plan-Date
1 Cover Sheet 1/10/2022
2A-2C General Notes 1/10/2022
3 Existing Condition Plan 1/10/2022
4. Geometry Plan 1/10/2022
5 Drainage Plan 1/10/2022
6 Paving and Grading Plan 1/10/2022
7 Utilities Plan 1/10/2022
8 Lighting Plan 1/10/2022--. -
9A-9E Details 17.1/10/2022
10 Erosion Control Details P/il0//202
s.4a 5
11 SWPP Contractor Requirements i i-0/202 ---"
12 SWPP Contractor Certification 1/181/2022
L1 Landscape Plan 1/10/2022
L2 General Landscaping Notes 1/10/2022
).22
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X:1Service AvaiI bilily1Developer Agreement Master File\Developer Agreements\Middleburg Service AreaIALMADON.OFFICE.WAREHOUSE,PHASE I.4170 CR 218.JMG.doc
Lost printed I/2412022 12:58 PM
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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.
J
(-1; C0V,\ Title:
` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
C
401 Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features
'a Phone 904 272-5999 ill■ Gravity Sewer Features
�t 1/26/2022,4:49:45 PM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 250 feet - Reclaimed Features