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HomeMy WebLinkAboutDA KU21.22-52 - Baptist Health Clay Campus Expansion - 1771 Baptist Clay Drive Record&Return to: Clay County Utility Authority KU21/22-52 3176 Old Jennings Road D E 1 L U E Middleburg,Florida 32068-3907 FEB - 1 EMT' Sy $• 'TIST HEALTH CLAY CAMPUS EXP• SION- 1771 BAPTIST CLAY DRIVE Parcel ID No. 09-05-26-014266-999-00 (Kingsley System) Clay County Name of Project DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT("Agreement"), is made and entered into this \ day of , 2022, by and between SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., a Florida not-for-kofit corporation, hereinafter referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY,an independent special district established under Chapter 94-491,Laws of Florida,Special Acts of 1994, hereinafter referred to as "Utility". WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter "Property"); WHEREAS, Developer desires that the Utility provide central potable water, pumping, treatment and distribution service; central wastewater collection and reclaimed water, treatment and disposal service for the Property; co 0 WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central potable water,wastewater and reclaimed water service to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive adequate potable water,wastewater service,and reclaimed water 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, wastewater, and/or reclaimed water 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 by Developer,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 the Property. -2 - (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 water ERC is(450)GPD and one wastewater ERC is(311)GPD,and one reclaimed water ERC is (275) GPD. (d) "Point of Delivery" - The point where the pipes or meter of Utility are connected with the pipes of the consumer. Point of Delivery for potable water and reclaimed 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 furnishing of potable water,wastewater,and reclaimed water service by the Utility to each Point of Delivery for the Property pursuant to rules and regulations of applicable regulatory agencies. 3. Assurance of Title-Developer represents and warrants that Developer 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,potable water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide potable water,reclaimed 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 Utility's system: (a) Potable Water Capacity Charge: ($360.00 x 55 ERCs) $ 19,800.00 * Alternative Water Supply Surcharge: ($365.74 x 55 ERCs) $ 20,115.70 * SJWMD Black Creek Water Resource Connection Charge ($100.25 x 55 ERCs) $ 5,513.75 * Wastewater Capacity Charge ($3,200.00 x 82 ERCs) $ 262,400.00 ** Reclaimed Water Capacity Charge: ($300.00 x 153 ERCs) $ 45,900.00 *** Debt Service Charge: ($167.00 x 55 ERCs) $ 9,185.00 (b) Main Extension Charge- Water $ N/A Main Extension Charge- Wastewater $ N/A (c) Fire Protection Charge $ 15,810.00 **** (d) Meter Installation Charge $ 12,297.28 ***** Reclaimed Meter Installation Charge $ 1,206.21 ***** (e) Plan Review Fee $ 924.00 (f) Inspection Fee $ 2,011.54 (g) Recording Fee $ 150.00 Total $ 395,313.48-' * - Includes 55 ERCs for potable water, based on 104 hospital beds ** - Includes a total of 82 ERCs for wastewater. This total includes 55.00 ERCs for the building, based on 104 hospital beds and 27 ERCs based on cooling tower make up water/excess returned as wastewater. See paragraph 40 for further explanation of charges. *** - Includes 153 ERCs for reclaimed water, based on 42,148.80 average gallons per day for cooling tower. **** - Based on 1,000 GPM @ 15.81 per gallon. ***** - Includes one-3-inch potable water meter and one 6-inch potable water meter for the building,and one 3-inch reclaimed meter for the cooling tower and one 8-inch meter for the cooling tower discharge lines(does not include meter boxes). Note: Items(e)and(f) are estimates and are subject to adjustment based on actual cost incurred. -3 - Payment of the above charges does not and will not result in Utility waiving any of its rates or rules and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making payment of same. Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges paid. Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any of the Property by,through or under Developer, or otherwise, shall have any present or future right,title, claim or interest in and to the charges paid or to any of the potable water 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,reclaimed 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. to 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 potable water service connections. The On-Site System shall be constructed in compliance with all regulatory requirements and the specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved Developer's contractor and the plans and specifications for construction of the potable water,reclaimed water,and wastewater systems for the project. The proposed electrical transformer layout of the electric utility providing service must be provided to the Utility prior to commencement of construction. Developer shall guarantee Utility against defects in material and workmanship for the On-Site System to be owned by the Utility, for a period of two (2) years from the date of On-Site system acceptance by the Utility. Developer shall secure from its contractor a written and fully assignable warranty that the On-Site System 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. -4 - The Developer shall also cause its contractor to 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 On-Site System to be and remain in effect for two (2)years from the date of the On-Site System's 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 On-Site 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 On-Site System's acceptance by Utility. Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution,reclaimed water and wastewater collection systems installed by Developer or Developer's contractor, which the Utility has agreed shall be owned and maintained by it pursuant to the provisions of this Agreement and shall: (a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water distribution,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 On-Site System which may have been caused by other subcontractors during construction. to (c) Assign any and all warranties and/or maintenance bonds as set forth herein. (d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's specifications,and other documents required for operation of the utility system. (e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all areas in which potable water and wastewater systems are installed, with adequate legal access to same, by recordable document satisfactory to Utility. (f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility, fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents. (g) Provide a copy of the Project Engineer's final certification of completion to the Florida Department of Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with approved plans. 6. Off-Site Installations-Developer shall further construct all transmission mains,pump stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's transmission system, as determined by Utility. Utility may require Developer to oversize off-site transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The costs associated with construction of over-sized facilities which provide Utility with excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy,as then in effect. 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. - 5 - 7. Agreement to Serve - Upon the completion of construction of the On-Site System and Off-Site facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and Utility's Service Availability Policy,Utility will allow connection or oversee the connection of the wastewater collection facility, potable water distribution facility, and/or reclaimed water facility installed by Developer to the central facilities of Utility in accordance with all rules, regulations and orders of the applicable governmental authorities.Notwithstanding the foregoing,Utility shall commence Service upon completion of the On-Site System and Off-Site facilities excluding the improvements to the lift station.Developer shall complete the lift station improvements as soon as practicable upon receipt of all equipment and materials necessary therefor. Utility agrees that once it provides potable water, reclaimed water, and/or wastewater service to the customers within the Property that it will continuously provide such Service,at its cost and expense,but in accordance with the other provisions of this Agreement,the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions in Service as a result of equipment failure, emergencies or Act of God. The covenants and agreements of Developer contained in Paragraphs 5,6 and 7 hereof shall survive Utility's acceptance of any portion of the On-Site System or Off-site facilities and Utility's commencement of service to the Property. Should any such covenant or agreement of Developer in fact be outstanding following either or both of such dates, then, notwithstanding any contrary provision contained herein, Utility may, upon thirty (30) days advance written notice and demand for cure mailed to Developer,temporarily interrupt Service to the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in Service as a result of any action authorized or permitted by this paragraph. 8. Application for Service-Developer,or any owner of any parcel of the Property,or any occupant of any residence, building or unit located thereon shall not have the right to and shall not connect any consumer installation to the facilities of Utility until formal written application has been made to Utility by the prospective user of Service,or either of them,in accordance with the then effective rules and regulations of Utility and approval for such connection has been granted. 9. Easements-Developer hereby grants and gives to Utility, its successors and assigns,but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable water and wastewater facilities to serve the Property in,under,upon,over and across the present and future streets, roads,alleys,utility easements,reserved utility strips and utility sites. Mortgagees,if any,holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the grant or dedication of the easements or rights-of-way,or give to Utility assurance by way of a"non-disturbance agreement",that in the event of foreclosure, mortgagee would continue to recognize the easement rights of Utility. All potable water and wastewater collection facilities,save and except installations owned by Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same. The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive easements by third parties shall not interfere with Utility's utilization of same.Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the potable water, 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. - 6 - 11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable water services, reclaimed water service or sanitary wastewater services to the Property during the period of time Utility provides potable water,reclaimed water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to provide potable water,reclaimed 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 potable water, reclaimed 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 potable water,reclaimed 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-No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the Utility. Should any non-domestic wastes,grease or oils,including,but not limited to,floor wax,paint,chlorides,or salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for payment of the cost and expense required in correcting or repairing any resulting damage to the system or property to of third parties. In the event Utility determines that the Property to be served poses a threat of introducing chlorides, salt water, or similar constituents into the collection or transmission system at levels determined by the Utility to be harmful to the wastewater system, including, but not limited to, the system's ability to provide effluent meeting reclaimed water standards as an irrigation supply source, the Utility has the right, in its reasonable discretion,to decline or discontinue service to such property or customer and to require such pretreatment or other measures as are necessary to protect the integrity of Utility's system and the ability to serve its members 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 messenger, by mail or by electronic mail,and if to Developer,shall be mailed or delivered to Developer at: Southern Baptist Hospital of Florida, Inc. Attn.: Scott Baity, General Counsel 841 Prudential Drive, Suite 1802 Jacksonville,FL 32207 and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 or at such other address as specified in writing by either party to the other. - 7 - 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;provided,however,that this indemnification provision shall not extend Developer's liability for damages or claims arising from any defects in material,installation or workmanship,to the Onsite System whether latent or otherwise,beyond the two(2)year warranty period set forth in Section 5 of this Agreement. This indemnification provision shall survive the actual to connection to Utility's potable water, reclaimed water, and wastewater distribution system. 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 subject to any limitations expressly set forth in this Agreement. 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. 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. - 8 - 26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable water and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the case of a bona-fide sale of Developer's Property. 27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer. 28. The parties hereto recognize that prior to the time Utility may actually commence upon aprogram to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval from various state and local governmental authorities having jurisdiction and regulatory power over the construction,maintenance,and operation of Utility.The Utility agrees that it will diligently and earnestly make the necessary proper applications to all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such approval.Developer agrees to provide necessary assistance to Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may require the payment of a reasonable fee to defray Utility's legal, engineering, accounting, and administrative and contingent expense. 29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water, reclaimed water,wastewater systems and fire mains installed by Developer, 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 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 to 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,utilizing the project's potable water, reclaimed water, and wastewater service within Developer's project, to apply to Utility for service after the installation of the potable water, reclaimed water, and wastewater utilities, have been completed and accepted by Utility. Upon completion of application for potable water,reclaimed water,and wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any security deposits required, service will be initiated to customers within Developer's Property. 31. Developer shall grant an easement to Utility covering any portion of the potable water,wastewater and reclaimed water facilities that Utility agrees to own and maintain, and Developer shall be responsible for providing the legal description for such easement, or Developer may provide a Blanket Easement covering the aforementioned utilities to Utility. The easement for the onsite portion of the potable water, wastewater, and reclaimed water facilities shown on the approved project plans, shall be granted to Utility prior to the commencement of that work taking place. 32. The landscaping(new or existing)for this project shall not include the planting of any trees within seven and one-half feet(7 ft. 6 in.) of any of the water, wastewater or reclaimed mains that Utility will own and maintain,and Developer agrees to adhere to all of Utility's rules and regulations regarding the installation of root barrier when required. 33. The Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water meter and the potable water meters, with the exception of those facilities listed in paragraph 40 of this Developer Agreement;and such facilities shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance.All facilities downstream of the downstream side of the reclaimed water meter and the potable water meters shall be owned and maintained by Developer. - 9 - 34. Developer shall install or have installed a reduced pressure type backflow prevention devices which shall be located immediately downstream of Utility's 6-inch and 3-inch potable water meters for the building,and the 3/4-inch bypass meter on the 8-inch double detector check valve for the fire sprinkler system, which are proposed to service Developer's facility and 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 installation 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 recertification must be submitted to Utility for its records. The installation and annual recertification shall be the responsibility of the Developer or its successors and assigns. Utility shall have access to all of the water meters during normal business hours, for meter reading purposes. 35. Utility agrees to provide minimum fire flows of 1,000 GPM to the point of connection to Utility's fire main stub, at 20 PSI, subject to acts of God and temporary emergency conditions. 36. Developer shall connect to Utility's existing sanitary sewer manhole and the connection to Utility's system shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. All mains and service lateral lines servicing Developer's Property,which are located upstream of the connection to the existing sanitary sewer manhole, shall be Developer's responsibility for ownership and maintenance and Utility shall own and maintain all facilities downstream of Developer's connection to the existing sanitary sewer manhole. to 37. The Utility will participate in the cost of electrical upgrades to the lift station that is currently situated on the Property. This cost share participation in the amount of$195,435.28 will be due and payable to Developer once all of the onsite water, wastewater, reclaimed water and pump station system are completed, tested and accepted by Utility. 38. 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. 39. Where food preparation facilities or other facilities that are subject to discharge greases into the wastewater collection system are part of the development of the Property,or where floor drains are connected to the wastewater collection system,Developer shall install or have installed a grease/sand interceptors for each building, meeting the requirements of the Clay County Department of Health & Rehabilitative Services and the Florida Building Code,which shall be designed and constructed in accordance with Utility's specifications for same. Such installation shall be provided by a Florida Licensed Plumbing Contractor. The grease/sand interceptor shall be designed for the facilities connected to same,however,in no event shall be the capacity be less than 5,000 gallons(4 - 1,250 gallons).Developer shall also be responsible for the continued maintenance and cleaning of said grease/sand interceptor facility,and such facility shall be subject to periodic unannounced inspections by Utility. In addition,all floor drains shall be connected to the grease/sand interceptor. 40. Elevator and/or 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.This provision does not apply to cooling tower discharge lines. - 10 - 41. Utility will provide the 8-inch meter to the Developer's State of Florida licensed Underground Utility Contractor for installation for the purpose of metering the flow being returned as wastewater through the 4" drain line from the facility's cooling towers,which utilizes reclaimed water as make up water,and Developer shall own and maintain all facilities both upstream and downstream of this 4"meter,including the 4"meter vault,Utility shall own and maintain the 4"meter.Developer is responsible for having their design engineer provide a design plan for the aforementioned meter, meter vault, all applicable valves and appurtenances necessary to provide a complete metering system,which meets all of Utility's requirements and necessary approvals.Developer shall provide Utility with an easement,and provide access to the easement,around the meter vault of sufficient size to allow the Utility to perform any needed maintenance work required. 42. The Utility shall have access to all of the potable water meters, reclaimed water meters and the cooling tower wastewater discharge meter, during normal business hours, for meter reading and maintenance purposes. 43. All water,reclaimed,and wastewater installations/connections shall be in accordance with the plans prepared by England-Thims&Miller,Inc.,Project No. 17-252-20-01 ("Plans"),as described in Exhibit"B",or as modified in a manner acceptable to Utility. 44. Developer shall be required to install all on-site reclaimed systems, as utilized for irrigation and cooling tower in full compliance with Utility's Reclaimed Water Policy (i.e., "Reuse Policy"), an excerpt, in its current form,is attached hereto as Exhibit"C".Developer shall require that this system be operated and maintained in accordance with the rules and regulations of Utility,as well as all governmental agencies having jurisdiction over such reclaimed water system, and all parcels lying within the Property are hereby so restricted. to 45. All elements of the Florida Department of Environmental Protection rules and regulations regarding the use of reclaimed water within the project will be adhered to at all times. This specifically pertains to the Public Notice(posting of signs)provisions of the Florida Department of Environmental Protection rules and regulations,as well as all specific requirements pertaining to the use of reclaimed water in public areas and on roadways. 46. No wells,other than the wells included in the Plans, shall be permitted within or upon the Property for any reason. 47. All irrigation contractors employed by Developer to install reclaimed water irrigation systems within the Property shall be registered with Utility.The criteria for registration is included in Utility's Cross-Connection Control Policy. Once registered,such irrigation contractor shall comply completely with Utility's Cross-Connection Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted for irrigation contractors that are not registered with Utility. 48. The construction of the On-Site System will not commence until receipt of all permits,easements if necessary, and this Agreement is executed, and the charges stated herein are paid. 49. This Agreement is to assess the charges for only Baptist Health Clay Campus Expansion,as shown on the Plans, and does not include any other developments(future additions, buildings and/or out parcel projects, etc.) that are planned for this Property. A separate Developer Agreement will be prepared for the additional requirements of each future development on the Property when such development is initiated. 50. 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 for this total project shall commence by 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. - 11 - 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: SOUTHERN BAPTIST HOSPIT O FLORIDA, INC., a Florida not-for-prof t rp t Witness: By: Print Name: dam- 6 5el° • Witness: Print Name: LA7 (Corporate Seal) STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me by means of I1 physical presence or ❑ online to notarization this ,21a day of Li , 2022, by Keith Tickell as Vice President of SOUTHERN BAPTIST HOSPITAL OF FLORIDA,INC.a Florida not-for-profit corporation,who is personally known to me. o Notary Public State of Florida ;p Jill R Cassette • My Commission GG 351844 P Name: TL M1osp Expires 07/04/2023 Notary Public State of Florida at Large My Commission Expires: 7.4`t'",.210.Z� - 12 - WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY Witn `sr'-- --- th'!\- 7 By: Prin aj 9 a _ ,� er y . Joh stop,P.E.,M.B.A. xe e Dir ctor it (Corporate Seal) Witness: A Print Name: STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this 3 day of FE"l'Q!►) 2022, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILI Y AUTHORITY, who i- k1ersonally known to me. to ,off'v Notary Public State of Florida Print Name: ( ?N A4Jj +9 4 Ashley Elizabeth MacDonald My Commission NH 136724 Notary Public ofn.° Expires06/01n025 State of Florida at Large My Commission Expires: •I . 2,02 S BAPTIST HEALTH CLAY CAMPUS EXPANSION 1771 BAPTIST CLAY DRIVE EXHIBIT "A" :A-pari of'Se:ction.9;`Cownsliip 5,South,Range=26 East,,Clay,Count ,Florida; ogether;with a_part of Tract'"A",,as- shown on the plat of ChathamVillage Unit Two,according to:Plat Book 38,'Pages 55through 59 of the Public Records.of said ClayCounty,Florida,all being more:particularly described-as follows: :Tor a point ofiefetence commence at``the:interse ction.of the:Westerly iightbf way line-of U,S Highway Nq.•17 (State Road No 15,`;a variable width right of way)with tine centerline.:of Village Square'Parkway(a I00 foot right of vr.4 as Ah.own on th pl e� at of Fleming Plantation 6 111oadway plat recorded in Plat Book 34 Pages;1.through 9,off the currant Public ki*di of said County)and run North 8.7°08'37"-West,along said centerline of Village Square Parkway,a distance.ef 165 00-feet;thence departing;said centerline run South 02°51'23',West,a distance•of5000- feet to a point on the;$00.1 t right of way line'of said Village Square Parkwayfoe the:point of beginning.. -From the point of beginning thus described continuing`Southf:02°51'23"West,a distance of 152.00`feet;run.thence South 87°08'37"East,a distance of 3.0 00 feet;run thence South 02°s;1'23"•West,a distance of 3000 feet,run thence. South 87°08'37"East;a distance of 80 00 feet;run thence Sorith 02°5.1'23"West;,a distance.of 130 00'feet;.run thence South 87°08'37"East,a.distance of 15'00 Peet;-tun thence South 02°51'23"West,a-distance of 419.84 feet; run tfienceNorth 87'08'37"'West,to and along the Northerly line of Tract"A", •as shown,,on the plat Of Chatham • Village UnitThree,according to Plat Book 41,Pages=27 through 31 of said Public Records,and along Northerly line of said Tract"A' of Chatham Village;Unit Two,a distance of 635 34 feet;thence:South 77°23'46"West,a distance of 144 i 1 feet to a point of:curvature;run thence• in a'Westerly direction along the airc;of a curve concave Northerly and•having'a radius of 80 00 feet,an arc distance of 65 10 feet to the point of tangency of said curve,said arc.being subtended',by a chord bearing and distance of North-79°I7'25"West,63.32.feet;thence North 55°58'35" West,a d•ista•nce of.18•4 92 feet to a.point•of curvature;run'th.ence in a:Weste ly direction along the arc of a cu'rve concave Southerly and having a radius of 200 00 feet an arc distance of 12123:feet.to the point:Oita_ curve;said arc being;subtended by a:cltord bearing and distance ofNorth 73°20'27"West,1,19.38 feet;`thence South 89°042"West,a distance of 340;66'feet to a point Of tiiiiiStOtt.l run'thence'in a Northerly direction along the'.arc of a curve concave Northeasterly and having a radius of 150.00 feet,an'arc distance of 155 62'feet to thepoint of.' tangency of said curve,said are being subtendeby ad: chord bearing and distance of North 60°59'04"West,148.73 feet;;thence:North 3I°l5'49"West,a;distance of 207 41 feet to a poin~t,ofcurvature;run thence in a Northerly direction along the a ofrc a curve concave-Easterly:,and having a radius,of 125.00 feet,an arc distance of 78 81 feet td the of tangency of said curve,said arc being subtended by.a chord bearing and distance of North 13°12'05" West,,77 SI.feet;thence North 04°51'39"East,a distance of368 77 feet to a point of curvature;rurr thence in.a Northeasterly direction along:the arc,'ofa curve concave Southeasterly and having a radius 180 00 feet,,an arc- distance of l83 34 feet to tire.point of:tangency'of.said curve,said ate.being subtended by.a`chord bearing and. distance ofNorth 34'02'23"=East, 175.51 feet;thence=North63°13'06"•East,a distance.of 159 81 feet,thence North 69i171-23"East,a distance of462 50;feet to a point on:a curve'in Vig.00910utlY,mentioned Southerly right of rimy line:`of Village Square:Parkway;run tlience.in a Southeasterly:directionnlong;the arc of a curve m said:,Southerly rightof way line,:said.curve.being cor eave Northeasterly and'having ay radius o•f 75,0`00-fe at,:an arc distance.of' 853 92 feet to.the point of tangencyofsaid curve,said arc being subtended bya'chord bearing:and'distance.of South. .WI i'14,"East,608.54 feet;'ru•n thenc• e South 87°48'37"East;continuing along said Southerly right bf w ay line,'a distance-Of 249:it feet to the-point of beginning- Less and except lands described and recorded in the Official Records ofsaid,County,iii Book 1893,Page 22. EXHIBIT "B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Baptist Health Clay Campus 1771 Baptist Clay Drive Engineer: Lyndsay Keller,P.E. England-Thims&Miller,Inc. 14775 Old St.Augustine Road Jacksonville,Florida 32259 Project No.: 17-252-20-01 Date: July 9,2021 Engineer Description Latest Engineer Drawing Approved Plan Date Number 1 COVER SHEET 06/15/2021 2 GENERAL NOTES 06/15/2021 3A-3E DEMOLITION PLAN 01/04/2022 4 MASTER SITE PLAN 01/04/2022 5A-5E SITE GEOMETRY PLAN 01/04/2022 6 PRE-DEVELOPMENT DRAINAGE PLAN 06/15/2021 7 POST-DEVELOPMENT DRAINAGE PLAN 06/15/2021 8A-8E PAVING AND DRAINAGE PLAN 01/04/2022 to 9A-9F PAVING AND DRAINAGE DETAILS 01/04/2022 10 MASTER UTILITY PLAN 06/15/2021 11A-11E WATER SEWER REUSE PLAN 01/04/2022 S-SPD CCUA DETAILS 06/15/2021 LW-STD CCUA DETAILS 06/15/2021 WAT 01 CCUA DETAILS 06/15/2021 WAT 02 CCUA DETAILS 06/15/2021 WAT 03 CCUA DETAILS 06/15/2021 WAT 04 CCUA DETAILS 06/15/2021 S-SEW CCUA DETAILS 06/15/2021 S-RE1 CCUA DETAILS 06/15/2021 S-RE2 CCUA DETAILS 06/15/2021 S-UTC 1 CCUA DETAILS 06/15/2021 S-UTC2 CCUA DETAILS 06/15/2021 S-PCON CCUA DETAILS 06/15/2021 S-ELEC4 CCUA DETAILS 06/15/2021 13 FIRE MAIN RESTRAINT SCHEDULE 06/15/2021 14 SEDIMENT AND EROSION CONTROL PLAN 06/15/2021 15 SEDIMENT AND EROSION CONTROL DETAILS 06/15/2021 16 STORMWATER POLLUTION PREVENTION PLAN 06/15/2021 17 SWPP CONTRACTOR CERTIFICATION PLAN 06/15/2021 18 MAINTENANCE OF TRAFFIC PLAN 06/15/2021 19 MAINTENANCE OF TRAFFIC DETAILS 06/15/2021 EXHIBIT "C" REUSE POLICY PAGE 1 OF 2 Effective Date- Thirty (30) days after Board's approval of the policy, for all developments that have not met the filing requirements of the County's Zoning Department,which requires each new development to be reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed timely for the prior policy to apply. If the developer has not commenced substantial construction on his project, which was filed with DRC prior to the effective date of this policy,within fifteen months after the effective date of the policy, then said development shall come under the provisions of this policy. Applicability - This policy will be applicable to all developments that file for a Development Review Committee review after the effective date of this policy. This shall include: A. Developments occurring under Development of Regional Impact(DRI) agreements which may not be technically required to install residential reuse,but who choose to do so in settlement of minor and/or major modifications to the structure and composition of developments within the DRI.These shall be regulated and charged under this proposed policy and effective date criteria the same as all other developments. B. Exceptions to the applicability of this policy and/or effective date are as follows: 1. Developments occurring under DRI agreements or Florida Quality Development to (FQD) agreements, which are not required by said agreement to install residential reuse and who do not volunteer to provide residential reuse piping systems. 2. Developments which, as of the date of enactment of this policy, own and maintain their own reuse pumping plant and purchase bulk service from the CCUA. 3. Developments which have prepaid connection fees prior to January 1, 1998, at a prior approved rate and still have an inventory of prepaid connections, shall be exempt until such prepaid connections are used up. 4. Developments and/or communities that own, operate and maintain their own reuse infrastructure as of January 1, 1998. Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water When it is Available-All developments occurring after the effective date of this policy will be reviewed by the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall include commercial,public facilities, industrial, as well as residential developments. Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will be Required - (1) Financial feasibility of extending a trunk main to an area at that time,or some planned future date, to provide reuse water to the proposed reuse system. This item shall consider the size of the development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining developable property in the area,complexity of existing development of area which trunk mains must pass through, natural geographical barriers (or obstacles), environmental damage, etc. XV'ROIECfSVob Fries\CmrmtVA11-09i DapGsl Health Clay Campus Expansioo\C Developer AFnsmenIWGR Floplut CWv Explosion 121._Final.doe EXHIBIT "C" REUSE POLICY PAGE 2 OF 2 (2) Remaining developable land in the area(new area with very little existing development and much growth potential will be considered more feasible than an already built-out area). (3) Availability of adequate reuse water within a reasonable time to service the reuse system. (4) CCUA's budgetary restraints. (5) Length of time before a reuse plant or pump station is expected to be built in the area. Surcharge for Developments not required to Install Reuse Piping Systems-Due to the built-out condition of certain geographical areas and the other evaluation of feasibility considerations noted above, it will not be practical to require all areas to install reuse piping systems. All developments that are not required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse system installations at a rate set forth in the "proposed charges for service availability". Requirement for Installation of an Automatic Sprinkler System - All developments where reuse piping systems are required shall install or require the installation of an automatic sprinkler irrigation system acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site systems shall utilize color-coded pipe for reuse water, functional rain sensors, and automatic controllers and timers. to Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems in an effort to eliminate any potential cross connection with the potable water system. In this regard,all irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of insurance, acceptable to CCUA, naming the CCUA as an additional insured shall be on file at all times with the CCUA. Requirement for Payment of Reuse Base Facility Charge - All customer classes that have reuse piping systems available shall be required to pay the Base Facility Charge for reuse water whether they use the reuse water or not. Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for the installation of a reuse meter at the same time the domestic meter is requested. Wells -All developments where reuse piping systems are installed shall prohibit the installation of wells for irrigation purposes. Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications and details, shall apply to these reuse piping systems, the same as the potable water distribution systems and wastewater collection systems. X:WROJECTSVob Files\Current\2021-095 Baptist Health Clay Campus ExpansionlC Developer Agreement\AGA Baptist Clay Expansion.1.21.22.Final dos • • I II. tM M i © IX ,• • I) ON ell ,• C © •• M c 1 1.:.) 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M Y V M M'7•�M rn l.:^•' 4A M 'yam . _j ♦`. jr'.'�il 1 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. Y; 1- CO( NT Title: _._ ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: C �� Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features 'a Phone(904)272-5999 III■ Gravity Sewer Features 't21412022,9:51:18 AM�" Conservation.Commitment.Commundy. III■ Forced Sewer Features /TYAUTN� 1 inch = 375 feet m Reclaimed Features