HomeMy WebLinkAboutDA RU21.22-4 - Water & Wastewater Service to 4176 CR 218 Record& Return to:
Clay County Utility Authority
3176 Old Jennings Road RU21/22-4
Middleburg,Florida 32068-3907
WATER&WASTEWATER SERVICE
TO 4176 COUNTY ROAD 218
Parcel No. 09-05-24-005954-059-00 (Ravines System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this ((Q-llt► day of
March , 2022, by and between MICHAEL ROCHE, a single person,
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;
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WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement
central water and wastewater service to the Property and thereafter operate applicable facilities so 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 and water distribution system
constructed or to be constructed which Developer or owner transfers,or agrees to transfer,to Utility, at no
cost to Utility, to provide utility service to specified property.
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(c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day
(GPD)which is used to convert a given average daily flow(ADF) to the equivalent number of residential
connections. For this purpose the average daily flow of one water ERC is(450) GPD and one wastewater
ERC is (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 collections 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) Water Capacity Charge:
to ($360.00 x 1.0 ERC) $_ 360.00*
Alternative Water Supply Surcharge:
($365.74 x 1.0 ERC) $ 365.74*
SJRWMD Black Creek Connection Charge:
($100.25 x 1.0 ERC) $ 100.25*
Wastewater Capacity Charge:
($3,200.00 x 1.0 ERC) $ 3,200.00*
Environmental Impact Charge:
($410.00 x 1.0 ERC) $ 410.00*
(b) Debt Service Charge:
($167.00 x 1.0 ERC) $ 167.00*
(c) Customer Connection Charge (Tap-in) - Water $ N/A
Customer Connection Charge (Tap-in) - Wastewater $ N/A
(d) Main Extension Charge - Water $ 5,749.46**
Main Extension Charge- Wastewater $ 11,004.52**
(e) Meter Installation Charge $ 330.96***
(f) Plan Review Fee $ 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee $ 125.00
Total $ 21,889.931
* - Includes 1.0 ERC for the sales office,based on total number of square feet,all in accordance
with Utility's rate resolution.
** - See paragraph 30 for explanation of charge.
*** - Includes one 5/8-inch x 3/4-inch potable water meter installation without meter box.
Note: Items (f) and (g) are estimates and are subject to adjustment based on actual cost incurred.
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Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer 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. Agreement to Serve-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 acts of God.
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
to 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.
7. 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.
8. 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 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.
9. Effluent Disposal Obligation - As further consideration for this Agreement, Utility may
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate agreement will be entered into for such purpose.
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10. 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 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 reuse 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.
11. 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
to that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
12. 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 if to Developer,shall be
mailed or delivered to Developer at:
Mr. Michael Roche
P.O. Box 65118
Orange Park, Florida 32065-5118
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
13. 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.
14. 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.
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15. 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 acts 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.
16. 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
17. 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.
18. 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,
to 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.
19. 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.
20. 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.
21. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
22. 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.
23. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Developer understands and agrees that 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.
24. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
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25. 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.
26. It shall be Developer's responsibility or Developer's customers' responsibility,utilizing 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.
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's water or wastewater facilities for the project covered by this Agreement.
28. 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 the water and/or wastewater main to be owned by Utility.
to
29. The Developer will be responsible for the site restoration of their Property,upon completion
of the project.
30. Capacity charges for this project were based on a sales office, in accordance with Clay
County Utility Authority's current Rate Resolution. A supplemental agreement will be prepared to assess
any additional charges to either the tenant or the Property/project owner or Lessor, based on their mutual
agreement on same,as the additional ERCs are determined for future tenants or Property/project owner or
Lessor, which require greater water and wastewater flows. For each supplemental agreement prepared, a
service charge of $100.00 will be assessed to prepare the agreement, in addition to the above stated
connection charges. At a very minimum, Developer shall report to Utility fifteen (15) days prior to each
space being occupied initially or in the future, so that the water and wastewater ERC impact can be
determined. If the impact of such tenant is greater than that calculated herein, an additional supplemental
agreement shall be prepared and the additional charges paid,prior to occupancy of such tenant.
31. Developer shall install or have installed a reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's one 5/8 x 3/4-inch potable water meter for the
building,which is proposed to service Developer's facility and such installation shall be in compliance with
the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the
completion of the installation of said device,Developer shall provide to Utility for its permanent records the
Make, Model, Size, and Serial Number of said device. 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 re-certifications must be submitted to Utility for its records.
These installation and annual re-certification shall be the responsibility of the Developer or its successors
and assigns. Utility shall have access to the water meter, for meter reading and maintenance purposes.
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32. 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.
33. The Utility shall own and maintain all water facilities upstream of the downstream side of the
potable water meter,and all facilities downstream of the downstream side of the potable water meter shall be
owned and maintained by Developer. Utility shall have access to the water meter for meter reading and
maintenance purposes.
34. All wastewater installations upstream of Developer's point of connection shall be owned and
maintained by Developer, and all installations downstream of this point of connection shall be owned and
maintained by Utility.
35. 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
to 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.
36. 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.
37. It is understood and agreed by Developer and Utility that the charges set forth in paragraph 4
(c)"Main Extension Charge-Water"and"Main Extension Charge-Wastewater",of this agreement,reflect
Developer's pro rata share applicable 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$16,753.98 (1.03
acres x $1 6,266.00).
38. This Agreement does not include any other developments(future additions)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.
39. The construction of this project will not commence until receipt of all permits,and easements
if necessary, and this Agreement are executed and the charges stated herein are paid.
40. The Agreement will need to be executed by Developer,and the charges paid(shown on page
2 of Agreement), prior to October 1, 2022, or this Agreement will be subject to any Service Availability
charge increases 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.
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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.
WITNESSE DEVELOPER:
Witnes : By: - 2' di --&___, (Seal)
Print Lisa C i *ail Michael Roche
Witness: �iiIP.ii
Print Name. ummer P. :emdt
STATE OF fl nde(
COUNTY OF CJay
The foregoing instrument was acknowledged before me by means of® physical presence or 0
online notarization, this IID day of Ra(Ch , 2022, by MICHAEL ROCHE, who is
personally known to me or has produced Florida DrnecS Ucet4Se , as identification.
P Ar i lift_
Notary Public State of Florida
Summer P E Berndt Prin ame:
' ,•,,d� tx� o;�enoia e50S78. Notary Public m anctor Pe Berndt
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to County and State Aforesaid
My Commission Expires: 0!pep()
WITNESSES: UTILITY:
CLAY COUNTY UT TY _UTHORITY
Witness: - By:Print N., ��Q M. (1,l 4 era Johnsti n, P.E., M.B.A.
(� x t- , Sire .r
Witness. / Y.4:I) 11'
Print Name: um�Bern• (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of® physical presence or 0
online notarization, this I(o day of MQrCh , 2022, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
aajyyna Hp 41,,rlii,
Print Name: Summer - ,mdt
/fitNotary Public State of Florida Notary Public in and for the
. Summer P E Berndt Countyand State Aforesaid
f My GO 950878. d�
ar+0' My Commission Expires: 01 ! �y
WATER & WASTEWATER SERVICE
TO 4176 COUNTY ROAD 218
Parcel Identification No. 09-05-24-005954-059-00
Official Records Book 2049, Pages 93I, Clay County, Florida
EXHIBIT 11A„
Lot 21, Block 55, JACKSONVILLE SOUTH UNIT ONE, according to plat thereof as recorded in Plat
Book 10, pages 36 through 45, inclusive of the public records of Clay County, Florida.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this drawing.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.
�k'S CO(/NT Title:
___ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/ � Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features
'a Phone 904 272-5999 ill■ Gravity Sewer Features
J� Nt 3/17/2022,9:31:03 AM - Forced Sewer Features
Conservation.Commitment.Community
4 1'AUTV% 1 inch = 100 feet - Reclaimed Features