HomeMy WebLinkAboutDA RU21.22-2 - OPMC Free Standing Emergency Room Return to: RU21/22-2
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
ORANGE PARK MEDICAL CENTER
FREE STANDING EMERGENCY ROOM
2560 BLANDING BLVD.
(Ravines System)
Name of Project
Parcel Number: 14-05-24-021380-001-00
Clay County
DEVELOPER AGREEMENT
HIS DEVELOPER AGREEMENT("Agreement"), made and entered into this (tD day of
t->�fl1a ,2022, by and between ORANGE PARK MEDICAL CENTER, INC., a Florida
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 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,
ce
central water and wastewater service to the Property and thereafter operate applicable facilities so that the
occupants of the improvements on the Property will receive adequate water and wastewater service from the
Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the
Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of property represented by the cost of the wastewater collection system,potable water distribution system,
and reclaimed water distribution system constructed or to be constructed which Developer or owner
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to specified property.
-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 potable water ERC is (450) GPD and one
wastewater ERC is f 311) GPD.
(d) "Point of Delivery"-The point where the pipes or meter of Utility are connected with
the pipes of the consumer. Point of delivery for water service shall be at the consumer's side of the meter
and for wastewater service at the lot or property line. Utility shall,according to the terms and conditions
hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain
water and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of
applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges- In addition to the contribution of any wastewater collection systems
and water distribution systems, where applicable, and further to induce Utility to provide water and
wastewater service,Developer hereby agrees to pay to Utility the following fees and charges,as defined in
the Rate Resolution(including Service Availability Policy), upon execution of this Agreement in order to
reserve capacity in the System:
(a) Potable Water Capacity Charge:
($360.00 x 1.50 ERCs) $ 540.00 *
Alternative Water Supply Surcharge:
($365.74 x 1.50 ERCs) $ 548.61 *
SJWMD Black Creek Water Resource Charge:
($100.25 x 1.50 ERCs) $ 150.38 *
Wastewater Capacity Charge
($3,200.00 x 0.00 ERCs) N/A *
Environmental Impact Charge:
($410.00 x 0.00 ERCs) $ N/A. *
Debt Service Charge:
($167.00 x 1.50 ERCs) $ 250.50 *
(b) Main Extension Charge- Water $ 16,762.19 **
Main Extension Charge- Wastewater $ 38,749.80 **
(c) Fire Protection Charge $ 6,924.78
(d) Meter Installation Charge $ 1,155.11
Irrigation Meter Charge $ 988.26 ****
(e) Plan Review Fee $ 539.00
(f) Inspection Fee $ 522.89
(g) Recording Fee $ 133.50
Total $ 67,265.0
* - Includes 1.50 ERCs for water, based on one doctor and eleven employees, and 7.50 ERCs
for irrigation water service, based on 3,155.62 AGPD, Credit of 7.50 water and 5.50
wastewater ERCs paid for in prior Developer Agreements, has been applied.
** - See Paragraph 43 for explanation of charges.
*** - Based on 438 GPM of internal fire flow @$15.81 per gallon.
**** - Includes one 2-inch potable water meter for the building and one 1 1/2-inch potable water
meter for irrigation water service(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 water or wastewater facilities and
properties of Utility,and all prohibitions applicable to Developer with respect to no refund of such charges,
no interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the water and
wastewater systems for the project. The proposed electrical transformer layout of the electric utility
providing service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects, latent or otherwise,with respect to workmanship,materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility
on or before such date. The Developer shall also provide to the Utility, at Developer's sole expense, such
maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,
which by its or their express terms protect and indemnify Utility against any loss,damage, costs, claims,
debts or demands by reason of defects, latent or otherwise, in the system to be and remain in effect for two
(2)years from the date of the system acceptance by Utility.
-4-
In addition to any other promises,guarantees or warranties to be provided by Developer to the Utility
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,claims,debts
or demands by reason of defects, latent or otherwise, in the system which could not have been reasonably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)years from
the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed
shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable
water distribution, reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors
during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which potable water, reclaimed water, and wastewater systems are installed, with adequate legal
access to same, by recordable document satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(g) Provide a copy of the project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy. The same construction standards, warranty requirements,
maintenance bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as
provided under paragraph 5. of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer,or an appropriate phase thereof,and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the water distribution facility and wastewater collection facility installed by Developer to the
central facilities of Utility in accordance with all rules, regulations and orders of the applicable
governmental authorities.
-5-
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
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns,
including a Dependent or Independent Special District of Clay County, but subject to the terms of this
Agreement, the exclusive right or privilege to construct, own, maintain and operate the water and
wastewater facilities to serve the Property in, under, upon, over and across the present and future streets,
roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any, holding prior
liens on the Property shall be required to release such liens,subordinate their position or join in the grant or
dedication of the easements or rights-of-way, or give to Utility assurance by way of a "non-disturbance
agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of
Utility. All water and wastewater collection facilities, save and except consumer installations, shall be
covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for
utility purposes and there shall be adequate legal access to same.
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-
I I. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from time to
time. However,notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property. However, all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
13. Oualitv of Wastewater-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 97/98-11
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner or Lessor must inform Utility of its intent to discharge any floor finish stripper
product and waste. Upon notification, a permit application will be sent to Developer, tenant or the
Property/project owner or Lessor to be completed and submitted to Utility for processing. A permit fee is
not required by Utility for an Industrial Pretreatment Permit. Failure to follow these procedures may result
in termination of water and wastewater service.
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 telegram,and ifto Developer,shall be
mailed or delivered to Developer at:
Orange Park Medical Center, Inc.
Vice President—Real Estate
c/o HCA Healthcare
One Park Plaza
Nashville, Tennessee 33324
and if to the Utility at:
•
-7-
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto,subject to any approvals
which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees- In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
18. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party, including,but not
limited to Act of God or of the public enemy,war,national emergency,allocation or of other governmental
restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster
or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities,
governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree, judgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
19. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's wastewater and water
distribution system.
MISCELLANEOUS PROVISIONS
20. The rights,privileges,obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
21. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
-8-
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.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall not be
assigned by Developer to Third Parties without the written consent of Utility,except in the case of a bona-
fide sale of Developer's property.
27. Utility shall,as aforesaid,at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water and wastewater systems installed by Developer or Utility, in accordance with Utility's standard
specifications,details and notes,which are to be accepted by Utility for ownership and maintenance,as set
forth in paragraph 5(d)herein;and the Utility's charges associated with the review and quality assurance of
the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility
contractor and shall be provided in accordance with CCUA's"As-built Specifications Standards Manual",
which can be obtained from the Utility's website(www.clayutility.org).It shall be Developer's responsibility
to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the
required as-built drawing procedures.
30. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water and wastewater service within Developer's project, to apply to Utility for service after the
installation of the water and wastewater utilities, have been completed and accepted by Utility. Upon
completion of application for water and wastewater service and payment of the appropriate charges set forth
in Utility's then current applicable Rate Resolution,including any security deposits required,service will be
initiated to customers within Developer's Property.
-9-
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water, wastewater, or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
and wastewater facilities that Utility agrees to own and maintain and shall be responsible for providing the
legal descriptions and maps for such easements to Utility prior to commencement of this Project.This shall
include all easements necessary to accommodate water and wastewater stubs to adjacent properties.
33. The landscaping for this project(new or existing)shall not include the planting of any trees
within seven and one-half feet (7 ft. 6 in.) of any water, wastewater, and/or reclaimed water mains to be
owned by Utility.
34. Tap and connection to Utility's existing 10-inch water main,and the construction of the water
services from the main to the meter locations, shall be installed by Developer's State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance
for ownership and maintenance. Utility shall own and maintain the tap through the meters and all facilities
downstream of the meters shall be owned and maintained by Developer. Utility shall have access to all of
the water meters during normal business hours, for meter reading purposes.
35. Developer shall install a 6-inch double detector check valve at the point of the connection to
Utility's fire main stub. Such device shall be acceptable to the Utility and shall include a 3/4-inch by pass
meter on the double detector check valve to meter any small or incidental flows. The testing and
certifications of this device shall be as noted in paragraph thirty-six(36) below.
36. Developer shall install or have installed a reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's 2-inch potable water meter for the building,the
1 1/2-inch potable water meter for irrigation and the 3/4-inch by-pass meter on the 4-inch double detector
check valve for the fire sprinkler system, which is 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.
37. Utility agrees to provide minimum fire flows of 438 GPM to the point of connection to
Utility's fire main stub, at 20 PSI, subject to acts of God and temporary emergency conditions.
38. The wastewater connection point is a pressure force main connection point and will require
the Developer's installation and maintenance of a pump station and piping,capable of pumping Developer's
flow at the required pressure condition, and connection of said piping to Utility's system at the valve box
within Utility's proposed easement on the front of the Property,in order for Developer's flow to be pumped
into Utility's system for treatment and disposal. Connection to the existing 2-inch wastewater force main
shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet
all the requirements of Utility prior to Utility's acceptance for ownership and maintenance.
-10-
Prior to the start-up of the pump station, Developer will be required to pull the grinder pump for
Utility's inspection to ensure the proper grinder pump and check valve have been provided. If the proper
grinder pump and check valve have been provided,the system start-up will be allowed to proceed. If not,
Developer shall correct the pump station and check valve and call fora follow-up inspection. An additional
service charge will be assessed for the follow-up inspection.
Developer will own and maintain the private pumping station and check valve on the Property,and
in the event of an electrical power outage,it shall be Developer's responsibility to provide backup power,if
continuous service is desired. Utility is in no way responsible for damages or injury, either directly or
indirectly,related to sanitary sewage overflows,spills or stoppages related to loss of electrical power or any
malfunction of the privately-owned facilities.
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
interceptor 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. In
no event shall the capacity be less than 1,000 gallons. Developer shall also be responsible for the continued
maintenance and cleaning of said grease/sand interceptor facilities, and such facilities shall be subject to
periodic unannounced inspections by Utility.Developer shall maintain records of maintenance and cleaning.
Those records shall be made available to the Utility upon request.
40. 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.
41. Air conditioning condensation or decontamination tank discharge lines and any other piping
that may intentionally or unintentionally drain storm water shall not connect to Utility's wastewater system.
42. All water and wastewater installations/connections shall be in accordance with the plans
prepared by Catalyst Design Group,Project No.202100101,as described in Exhibit"B",or as modified in a
manner acceptable to Utility.
43. The charges set forth in paragraph 4(b) "Main Extension Charge - Water" and "Main
Extension Charge - Wastewater", of this Agreement, reflect Developer's pro rata share applicable to 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$55,511.99(3.0029 x$5,582.00)and(3.6269 x$10,684.00).Credit
for the 1.359 of water main extension and 0.735 for wastewater main extension paid for by previous
Developer Agreements, has been applied to the parcel's total acreage of 4.3619.
-11-
44. In accordance with Utility's Water Conservation Policy on file with the St. Johns River
Water Management District,Utility is not allowed to let Developers use master meters to meter more than
one tenant or separate business. At any time during the course of Utility providing service to this
development,after the effective date of this Policy,October 1,2005,Developer agrees that Utility shall have
the right to inspect and audit the number of businesses per meter. When this inspection occurs, if no
violation of this policy is found,there will be no charge for the inspection. However,for each violation 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.
45. This Agreement does not include any other developments(future additions,buildings and/or
out parcel projects,etc.)that are planned for this Property. A separate agreement will be prepared for the
additional requirements of each future development on the Property when such development is initiated.
46. The construction of this project will not commence until receipt by Utility of all necessary
permits and easements, and this Agreement is executed and the charges stated herein are paid.
47. 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 prior to
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.
[Signatures begin on next page]
-12-
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:
ORANGE PARK MEDICAL CENT , INC.
a Flori rpor ion
a,
Witne �_ By: (Seal)
Print Nan Ta Starer icholas L. Paul, Vice President
i�1 i in't Witness:. _.•.�►4 1 �
Print Name: IT1 • Demonbreun ke----
(Corporate Seal)
STATE OF TENNESSEE
COUNTY OF DAVIDSON
I,the undersigned,a Notary Public in and for said County, in said State,hereby certify that Nicholas
L. Paul, whose name as Vice President of ORANGE PARK MEDICAL CENTER, C., is signed to the
to foregoing instrument,and who is known to me.acknowledged before me by means of physical presence
or_ online notarization, on this day that, being informed of the contents of the inst ment, he, as such
officer and with full authority, executed the same voluntarily for and as the act of said association.
Given under my hand and official seal this I 1 day of 7 ' , 2022.
4`,.• ........•. cc ary Public, State of Tennessee
Z� 5 O�SSEE
My Con�-nission Expires: = a 0NN al
0iek, c �-
1 1 b< -.7,1 -... 03P-. .'� `� Anne-Marie Gebel
'',.,,-V,osON``G‘��`` Printed or Typed Name
-13-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
• 161.
Witne • 1-PirTh1 . 4 By:
Print Na i fl4 NI. Gibbs •re , ns In, P.E., M.B.A.
ec 1107 ect,r
(Corporate Seal)
Witness Witnessfrrni2S d \ �l
Print Name: Summer P. Berndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of L7 physical presence or online
notarization this Ito day of FebrUQry , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who i(2ers0nally known to me)or who
has produced , as identification.
AltinageP oryl,we
to PrintName: Summer P. Bemdt
Notary
Put E BertW Florida Notary Public
.4194 j I y cammlwor+cc eso67e State of Florida at Large
%a w1� Expires 01/2612024
My Commission Expires: Ol/06/1A
V'4a...cA.a.lahllln Jk.e4,aa.4ueantent AL.tct FJeJk..lpct Agreements Ah.JMa.ny Ue..M•N /RAN1,1 PAHF:MI III.AI I\I.H
ORANGE PARK MEDICAL CENTER
FREE STANDING EMERGENCY ROOM
2560 BLANDING BLVD.
Parcel Number: 14-05-24-021380-001-00
EXHIBIT "A"
A PARCEL OF LAND SITUATED PARTLY IN GOVERNMENT LOT 1,AND PARTLY IN GOVERNMENT LOT 8,
SECTION 14,TOWNSHIP 5 SOUTH,RANGE 24 EAST,CLAY COUNTY,FLORIDA,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT OF ANGLE BREAK ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF EVERETT STREET,
ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION
NUMBER 7158-150,BEING A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 1;THENCE DEPARTING
SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID WEST LINE,SOUTH 23°07' 10"EAST,374.34 FEET;
THENCE NORTH 66°42'06"EAST,65.67 FEET;THENCE NORTH 67° 10'46"EAST, 180.58 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF AFORESAID EVERETT STREET;THENCE ALONG SAID WESTERLY
RIGHT-OF-WAY LINE,SOUTH 23°38' 14"EAST, 139.31 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF STATE ROAD NUMBER 21 (ALSO KNOWN AS BLANDING BOULEVARD),ACCORDING TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NUMBER 71070,FEDERAL PROJECT
NUMBER 2082115;THENCE THE FOLLOWING EIGHTEEN(18)COURSES AND DISTANCES ALONG SAID
NORTHWESTERLY RIGHT-OF-WAY LINE:(1)SOUTH 12°05'03"WEST,24.94 FEET TO A POINT OF NON-
TANGENT CURVATURE;(2)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 701.97 FEET,A CENTRAL ANGLE OF 04°59'18"AND AN ARC LENGTH OF 61.12 FEET
(CHORD:S26°07'27"W,61.10')TO A POINT OF NON-TANGENT CURVATURE;(3)SOUTHWESTERLY ALONG
SAID CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 1702.41 FEET,A CENTRAL ANGLE OF
02°19'21"AND AN ARC LENGTH OF 69.00 FEET(CHORD:S27°09'05"W,69.00')TO A POINT OF NON-TANGENT
CURVATURE;(4)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,HAVING A
RADIUS OF 2161.00 FEET,A CENTRAL ANGLE OF 00°07'23"AND AN ARC LENGTH OF 4.64 FEET(CHORD:
S29°12'I1"W,4.64')TO A NON-TANGENT LINE;(5)DEPARTING SAID CURVE,SOUTH 54°44'04"WEST,8.99
FEET TO A POINT OF NON-TANGENT CURVATURE;(6)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE
TO THE NORTHWEST,HAVING A RADIUS OF 2157.00 FEET,A CENTRAL ANGLE OF 01°07'29"AND AN ARC
LENGTH OF 42.35 FEET(CHORD:S29°20'08"W,42.34')TO A POINT OF NON-TANGENT CURVATURE;(7)
SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 2157.00
FEET,A CENTRAL ANGLE OF 01°01'51"AND AN ARC LENGTH OF 38.81 FEET(CHORD: S29°58'42"W,38.81')TO
A NON-TANGENT LINE;(8)DEPARTING SAID CURVE,SOUTH 04°05'43"WEST,8.96 FEET TO A POINT OF
NON-TANGENT CURVATURE;(9)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 2161.00 FEET,A CENTRAL ANGLE OF 02°00'29"AND AN ARC LENGTH OF 75.73 FEET
(CHORD:S31°42'38"W,75.73')TO A NON-TANGENT LINE;(10)DEPARTING SAID CURVE,SOUTH 59°31'10"
WEST,8.90 FEET TO A POINT OF NON-TANGENT CURVATURE;(11)SOUTHWESTERLY ALONG SAID CURVE,
CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 2157.00 FEET,A CENTRAL ANGLE OF 00°41'14"AND
AN ARC LENGTH OF 25.87 FEET(CHORD:S33°16'09"W,25.87')TO A NON-TANGENT LINE;(12)DEPARTING
SAID CURVE,SOUTH 07°07'05"WEST,8.93 FEET TO A POINT OF NON-TANGENT CURVATURE;(13)
SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 2161.00
FEET,A CENTRAL ANGLE OF 00°41'14"AND AN ARC LENGTH OF 25.92 FEET(CHORD: S34°10'06"W,25.92')TO
A POINT OF NON-TANGENT CURVATURE;(14)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE
NORTHWEST,HAVING A RADIUS OF 35876.78 FEET,A CENTRAL ANGLE OF 00°01'l 1"AND AN ARC LENGTH
OF 12.35 FEET(CHORD:S36°41'55"W, 12.35')TO A NON-TANGENT LINE;(15)DEPARTING SAID CURVE,
SOUTH 63°19'32"WEST,8.93 FEET TO A POINT OF NON-TANGENT CURVATURE;(16)SOUTHWESTERLY
ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 35872.54 FEET,A CENTRAL
ANGLE OF 00°10'34"AND AN ARC LENGTH OF 110.19 FEET(CHORD:S36°48'33"W, 110.19')TO A NON-
TANGENT LINE;(17)DEPARTING SAID CURVE,SOUTH 10°17'34"WEST,8.93 FEET TO A POINT OF NON-
TANGENT CURVATURE;(18)SOUTHWESTERLY ALONG SAID CURVE,CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 35876.54 FEET,A CENTRAL ANGLE OF 00°00'38"AND AN ARC LENGTH OF 6.56 FEET
(CHORD:S36°54'54"W,6.56')TO A NON-TANGENT LINE;THENCE DEPARTING SAID NORTHWESTERLY
RIGHT-OF-WAY LINE AND SAID CURVE,NORTH 62°41'53"WEST, 175.10 FEET TO THE WEST LINE OF
AFORESAID GOVERNMENT LOT 8;THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF
AFORESAID GOVERNMENT LOT 1,NORTH 00°13'45"EAST,215.07 FEET;THENCE CONTINUE ALONG SAID
WEST LINE,NORTH 00°21'11"EAST,546.90 FEET TO THE POINT OF BEGINNING.
X:1er.r.r A.•J.hhn 14,ri•pn Apconcnr Mosier F delhAci p"Apcana.'Muldict rg knave Ares1Al:R r/RANO]PARK AG IIIC AI F SF It 11.10 Jr
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Middleburg Free Standing Emergency Room
Engineer: Olivia Berryhill, P.E.
Catalyst Design Group
1524 Williams Drive, Suite 201
Murfreesboro, TN 37129
Job Number: 202100101
Date: August 4, 2021
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
CO.0 Cover Sheet 11/19/2021
C 1.0 Existing Conditions 02/15/2021
C I.1 Existing Conditions 02/15/2021
C 1.2 Existing Conditions 02/15/2021
C2.0 Notes 10/20/2021
C3.0 Erosion Control Plan 12/20/2021
C3.1 Erosion Control Details 12/20/2021
C4.0 Demolition Plans 12/20/2021
C5.0 Site Layout Plan 12/20/2021
C5.1 Truck Turning Plan 12/20/2021
C6.0 Grading and Drainage Details 12/20/2021
C6.1 Wetland Impact Plan 12/20/2021
C7.0 Utility Plan 12/20/2021
C8.0 Details 12/20/2021
C8.1 Details 12/20/2021
C8.2 Lift Station Detail 12/20/2021
C9.0 CCUA Details 12/20/2021
C9.1 CCUA Details 12/20/2021
L1.0 Landscape Plan 12/20/2021
L 1.1 Landscape Plan and Schedule 12/20/2021
L1.2 Landscape Plan and Details 12/20/2021
L2.0 Irrigation Plan 12/20/2021
L2.1- L2.4 Irrigation Details 12/20/2021
L2.5 Irrigation Specifications 12/20/2021
L2.6 Irrigation Plan 12/20/2021
%lS.nr.e A..r{.MLn Oe.ctiger Apce n M.nn FrkVA xl.,cr A{rernxar.M1b.WI tur{ticnns A At R rRANr.F.PAR,MEDU LL F11:R/Ml:.a
PS#123 c. /30 N
cps M. •
/ • WO!
, s
E',IRE1 FAV I
— N:14., A---................1-1
/.
� o in
N a
•'S
..., (._.__......---) I
1
- VN
— r�rrMI
i
to OPMC Free \ ,-
Standing ER -
2560 Blandingp A i \ '
Blvd \ ..•^1.
,
i
• N
\
X \
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.
C
Title:
ClayCountyUtilityAuthority CCUA Web Map
3176 Old Jennings Roadg+ Info:
Prepared by CCUAGIS PortalMiddlebur Florida 320683907 — Water Features
90 -5999
Phone 4 272 - Gravity Sewer Features
o 2/18/2022,9:42:17AM - Forced Sewer Features
Conservation.Commitment.CommundyYAUTHD 1 inch = 200 feet - Reclaimed Features