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HomeMy WebLinkAboutDA KH21.22-8 - Water Service to 572 & 552 SE 41st Street Record&Return to: KH21/22-8 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 WATER SERVICE TO 572 & 552 SE 41st STREET Parcel Nos. 05819-C-00306 & (Keystone System) 05819-C-00307 Name of Project Bradford County DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this Il-{-h dayof monk ,2022,by and between CRAWFORD DEVELOPMENT GROUP,LLC,a Florida limted liability company, 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 Bradford County,Florida,and described in Exhibit"A", attached hereto and incorporated herein by reference(hereinafter"Property"); CD WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and a distribution service and/or central wastewater collection,treatment and disposal service for the Property; 0 WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement ru 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) "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. -2- (c) "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 in an easement 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. (d) "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 Deeds regarding the ownership of property or legal rights, 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) Water Capacity Charge: ($360.00 x 2.0 ERCs) $ 720.00 Alternative Water Supply Surcharge: to ($365.74 x 2.0 ERCs) $ 731.48 SJRWMD Black Creek Connection Charge: ($100.25 x 2.0 ERC) $ 200.50 Wastewater Capacity Charge: ($3,200.00 x 0.0 ERCs) $ N/A Environmental Impact Charge: ($410.00 x 0.0 ERC) $ N/A (b) Debt Service Charge: ($167.00 x 2.0 ERCs) $ 334.00 (c) Customer Connection Charge(Tap-in) -Water $ 1,583.46 * Customer Connection Charge(Tap-in)-Wastewater $ N/A (d) Main Extension Charge-Water $ 1,352.00 ** Main Extension Charge-Wastewater $ N/A (e) Meter Installation Charge $ 783.92 *** (f) Plan Review Fee $ 77.00 (g) Inspection Fee $ 77.00 (h) Recording Fee $ 125.00 Total $ 5,984.36 * -See paragraph 30 for explanation of charge -** -See paragraph 31 for explanation of charge. ** -Includes two 5/8-inch x 3/4-inch potable water meter installations with meter boxes. Note: Item (c) is subject to increase for any material price increases incurred by Utility for this project. Items (f) and (g) 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. 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. -4- 1 0. 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 that it assumes the duties and responsibilities of Developer as set forth in this Agreement. to 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 electronic mail (email), and if to Developer, shall be mailed or delivered to Developer at: Crawford Development Group, LLC 8538 NW County Road 225 Starke, Florida 32091 and if to the Utility at: 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. 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. -5- 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, alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement to 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. 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. -6- 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 and/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. 29. This Agreement is for water service only and all references to wastewater service in this standard Agreement shall not apply. to 30. The charge shown in paragraph 4(c), "Customer Connection Charge(Tap-in)—Water", of this Agreement,includes the construction necessary(through the curb stop)to accommodate two 5/8-inch x 3/4-inch potable water meter installations,terminating in an easement at or near Developer's Property line, where Developer will make the connections. 31. The charge shown in paragraph 4(d),"Main Extension Charge—Water,"of this Agreement, in the amount of$1,352.00,is refundable to the Utility,which previously paid for the water main extension along SE 41st Street. 32. The Utility shall own and maintain all facilities upstream of the downstream side of the potable water meters,and all facilities downstream of the downstream side of the potable water meters shall be owned and maintained by Developer. Utility shall have access to the water meters for meter reading and maintenance purposes. 33. This Agreement does not include any other developments(future additions)that are planned for these Properties. A separate agreement will be prepared for the additional requirements of each future development on the Properties when such developments are initiated. 34. The Developer will be responsible for all site restoration,including the Right of Way,upon completion of the project. 35. The construction of this project will not commence until receipt of all permits and easements, if necessary, and this Agreement is executed and the charges stated herein are paid. 36. This 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. -7- 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: CRAWFORD DEVELOPMENT GROUP, LLC, a Florida limited liability company Witness: Sa - By: 11 . / pp,....,,,,..L. (Seal) Print Name: w/1.4-140%0. &auL-r Cohn Craw , nager Witness: — Print Name: r. • GAt.0tS STATE OF FLORIDA COUNTY OF The foregoing instrument was ackno led ed before me by means of© physical presence or 0 online notarization, this /7 711 day of 4 , 2022, JOHN F. CRAWFORD, as MANAGER of CRAWFORD DEVELOPMEN GROUP, LLC, a Florida limited liability company, who is peersonlJnown to me k or has produced ,as identification. \\��1NttlNillqo��i P,�EN CRq f,� i4'7J 2- �:z:c° 2,E28. e •.. Print Nam •4- ' r'sN y. S. Notary Public in and for the _ to * : o• :*= County and State Aforesaid S. z #GG 963938 = My Commission Expires: 2oZ / r WITNESSES: ,i,74 ,ark �,0\\\\\ UTILITY: CLAY COUNTY U THORITY n Witness:c �-1 ew , . "1 .ti By: _� Print Name: 3 on . C con er ohns n, P.E., M.B.A. ec five irect r Witness: liovilMA Print Name: ummer . Bern• (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of DI physical presence or 0 online notarization, this (1-41 day of �p(1 1 , 2022, by JEREMY D. JOHNSTON, as'I EXECUTIVE DIRECTOR of CLAY COiJN Y UTILITY AUTHORITY,who is personally ersonall known to me. AKYrilk,Q,f K 441:1 494N, Notary Public Smte or Ftorlde Print ai Summer P E Berndt s J y+r Commlaaion cc 950578 Notary Public in f file Berndt a Expires oir26/2024 County and State Aforesaid My Commission Expires: 0110(01,4 WATER SERVICE TO 572 & 552 SE 41st STREET Parcel Nos. 05819-C-00306 & 05819-00307 Official Records Book 1877, Page 66, Bradford County, Florida • EXHIBIT "A". Lots 6 and 7, Golfer's Village, as per plat thereof recorded in Plat Book 3, Page 86, public records of Bradford County, Florida. to X%Service Ava7abiity1Developer Agreement Master File\Oeveloper AgreementsS(eystone leights1AGR5728552 SE 41st Street.Crawford.SPD.SFR.WATERONLY.doc \ \ L'''', ee) A��� � M �� W��11� E (C_ �� -=' 4 ' / \'' M "" �� / \,,,'"'. /\`t'� QS` MI, \ , . : - \ \ ' X- . - an l l \ Tap Existing 4"Water ..---".---------::' i' 1Main and Install Double Service ..,Ni --- Q to TD � to 572 552 C) 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. �01 COUiv, Title: c, .._ ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Roadlet g+ Info: Prepared by CCUAGIS Portal Middleburg, Florida 32068-3907 — Water Features G 90 -5999 Phone 4 272 - Gravity Sewer Features I� 0't o 4/11/2022,3:40:49 PM - Forced Sewer Features Conservation.Commitment.Commundy �TYAUTHD 1 inch = 200 feet - Reclaimed Features