HomeMy WebLinkAboutDA CU21.22-12 - Villages at Long Bay - 140 Units Return to: CU2 1/22- 12
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
VILLAGES AT LONG BAY
140 UNITS—LONG BAY ROAD
(Clay Utility System)
Parcel No.: 37-05-24-006779-001-00 Name of Project
Clay County
DEVELOPER AGREEMENT
THIS EVELOPER AGREEMENT("Agreement"), made and entered into this S h day of
,2022,by and between LENNAR HOMES,LLC,a Florida limited liability
comp y, hereinafter referred to as "Developers", and CLAY COUNTY UTILITY AUTHORITY,an
independent special district established under Chapter 94-491, Laws of Florida, Special Acts of 1994,
hereinafter referred to as "Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in
Exhibit "A", attached hereto and incorporated herein by reference(hereinafter"Property");
WHEREAS,Developer desires that the Utility provide central potable water,pumping,treatment and
distribution service and central wastewater collection,treatment and disposal service;
WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement
ce central potable 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 potable 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 potable water and wastewater service by the Utility to the
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 potable 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 the 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 potable water ERC is (450) GPD, 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 potable 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
potable 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 Developer is the owner of the
Property and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon
request, Developer agrees to deliver to Utility evidence of such ownership including any outstanding
mortgages,taxes, liens and covenants.
4. Connection Charges- In addition to the contribution of any wastewater collection systems
and potable water distribution systems where applicable, and further to induce Utility to provide potable
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 123.50 ERCs) $ 44,460.00 *
Alternative Water Supply Surcharge:
($365.74 x 123.50 ERCs) $ 45,168.89 *
SJWMD Black Creek Water Resource Connection Charge
($100.25 x 123.50 ERCs) $ 12,380.88 *
Wastewater Capacity Charge:
($3,200.00 x 110.50 ERCs) $ 353,600.00 *
Environmental Impact Charge:
($410.00 x 110.50 ERCs) $ 45,305.00 *
Debt Service Charge:
($167.00 x 110.50 ERCs) $ 18,453.50 *
(b) Customer Connection Charge(Tap-in) - Potable Water $ N/A
Customer Connection Charge(Tap-in) - Wastewater $ N/A
(c) Main Extension Charge- Potable Water $ 30,628.00 **
Main Extension Charge- Wastewater $ 32,818.50 **
(d) Fire Protection Capacity Charge $ N/A
(e) Meter Installation Charge $ 50,201.31 ***
(f) Plan Review Fee $ 1,193.50
(g) Inspection Fee $ 9,988.58
(h) Recording Fee $ 133.50
Total $ 644,331.6€
* - Includes 110.50 ERCs for water and wastewater for the building and 13.00 ERCs for irrigation
water service for the Property, based on 5,670.14 AGPD,all in accordance with Utility's Rate
Resolution.
** - See paragraph 39 for explanation of charge.
*** - Includes one hundred forty(140)3/4-inch potable water meters for the buildings and one 2-inch
potable water meter for irrigation(does not include meter boxes).
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 Developers making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developers 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 Developers nor any person or other entity
holding any of the Property by,through or under Developers,or otherwise,shall have any present or future
right,title,claim or interest in and to the charges paid or to any of the potable water or wastewater facilities
and properties of Utility, and all prohibitions applicable to Developers 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
Developers are requesting service. Developers 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 Developers. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developers,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developers' 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 Developers 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 Developers
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 Developers 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 Developers' contractor and the plans and specifications for construction of the potable water,
wastewater,and reclaimed water 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.
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Developers 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. Developers 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 Developers shall also provide to the Utility,at Developers' 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.
In addition to any other promises, guarantees or warranties to be provided by Developers to the
Utility hereunder,Developers agree 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.
Developers agree to transfer to Utility, if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developers or Developers' 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 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 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.
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6. Off-Site Installations - Developers 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 Developers 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 Developers,or an appropriate phase thereof,and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility and/or potable water distribution facility installed by
Developers to the central facilities of Utility in accordance with all rules, regulations and orders of the
applicable governmental authorities. Utility agrees that once it provides potable water and/or wastewater
service to the customers within the Property that it will continuously provide such service, at its cost and
expense,but in accordance with the other provisions of this Agreement,the then current Rate Resolution in
effect for Utility, and the requirements of the governmental authorities having jurisdiction over the
operations of Utility. Utility shall not be liable for any temporary interruptions in service as a result of
equipment failure, emergencies or Act of God.
The covenants and agreements of Developers 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 Developers 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 Developers,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developers 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 - Developers, 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 - Developers hereby grant and give to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water and wastewater facilities to serve the Property in,under,upon,over and across the
present and future streets, roads, alleys, utility easements, reserved utility strips and utility sites.
Mortgagees, if any,holding prior liens on the Property shall be required to release such liens,subordinate
their position or join in the grant or dedication of the easements or rights-of-way,or give to Utility assurance
by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee would continue to
recognize the easement rights of Utility. All potable water and wastewater collection facilities, save and
except installations owned by Developers,or their successors or assigns,shall be covered by easements or
rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there
shall be adequate legal access to same.
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The use of easements granted by Developers 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 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-Developers agree with Utility that all potable
water and wastewater facilities accepted by Utility in connection with providing potable 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 and wastewater services to other
persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developers 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 Developers 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. Quality 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 19/20-06
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developers, 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 Developers, 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.
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14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developers, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developers 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 the Developers as set forth in this Agreement.
15. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger, by mail or by electronic mail (email), and if to
Developers, shall be mailed or delivered to Developers at:
Lennar Homes, LLC
Attn.: Scott Keiling
700 N.W. 107`h Avenue, Suite 400
Miami, Florida 33172
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.
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16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto,subject to any approvals
which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees-In the event the Utility or the Developers are 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 - Developers agree 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 Developers' performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's potable water and wastewater
systems.
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MISCELLANEOUS PROVISIONS
20. The rights,privileges,obligations and covenants of Developers and Utility shall survive the
completion of the work of Developers 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 Developers and Utility, made with respect to the matters herein
contained, and when duly executed, constitutes the agreement between Developers and Utility. No
additions,alterations or variations of the terms of this Agreement shall be valid, nor can provisions of this
Agreement be waived by either party,unless such additions,alterations,variations or waivers are expressed
in writing and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
23. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall not be unreasonably withheld or delayed.
24. The submission of this Agreement for examination by Developers 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 Developers to Utility that Utility has agreed to
provide potable water and wastewater services to Developers'project. Capacity reserved hereunder cannot
and shall not be assigned by Developers to Third Parties without the written consent of Utility,except in the
case of a bona-fide sale of Developers' Property.
27. Utility shall,as aforesaid, at all reasonable times and hours, have the right of inspection of
Developers' internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developers.
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. Developers agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
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29. It shall be Developers' responsibility to provide acceptable as-built drawings of the potable
water and wastewater systems installed by Developers 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 Developers' licensed underground utility
contractor and shall be provided in accordance with Utility's"As-built Specifications Standards Manual',
which can be obtained from the Utility's website (www.clayutility.org). It shall be Developers'
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 Developers' responsibility or Developers' customers' responsibility,utilizing the
project's potable water and wastewater service within Developers' project, to apply to Utility for service
after the installation of the potable water and wastewater utilities have been completed and accepted by
Utility. Upon completion of application for potable 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 Developers' Property.
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's existing or proposed water and/or wastewater 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, as shown on the plans prepared by Almond
Engineering,Job Number 20-06,as described in Exhibit"B",prior to commencement of this project. This
shall include(1)all easements necessary to accommodate water and wastewater stubs to properties adjacent
to Developer's Property;(2)an easement ten(10)feet in width lying parallel and adjacent to all right of way
lines within the Developer's Property; (3) Developer shall obtain approval by St. Johns River Water
Management District and secure the release and relocation of the portion of existing conservation easements
recorded in Official Records Book 3043, page 506 and Official Records Book 3153, page 535 that are
impacted by Utility's proposed easement for utility extensions along Long Bay Road to Developer's
Property.
33. The landscaping(new or existing)for this project shall not include the planting of any trees
within seven and one-half feet(7 ft.6 in.)of any of the water and wastewater mains. In the alternative, it is
understood and agreed by Developer and Utility that Developer shall provide a root barrier,satisfactory to
Utility,around the roots of all landscaping,trees,shrubs,etc.,that are planted within the road right-of-ways
that will potentially impact any of the utilities covered by this Agreement.
34. 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 meter,and all facilities
downstream of such facilities shall be owned and maintained by Developer.
35. Utility shall have access to all water meters during normal business hours,for meter reading
purposes.
36. Construction of the lift station, installation of the 6-inch wastewater forcemain to the
proposed lift station,and connection to Utility's existing 6-inch wastewater forcemain,shall be completed by
Developers' 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.
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37. All wastewater mains 6-inch and larger in size,which are terminated by a manhole at each
end,shall be owned and maintained by Utility,including mains 6-inch and larger in size that are stubbed for
future extensions. All such facilities shall be installed by Developers' State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance
for ownership and maintenance.All service lateral lines servicing Developers' Property,which are located
upstream of such facilities shall be Developers' responsibility for ownership and maintenance.
38. The charges shown on page 2,paragraph 4(a)through(g)of this Agreement,are to assess the
charges for Villages at Long Bay,as shown on the plans prepared by Dominion Engineering Group,Inc.(see
Exhibit "B"), and do not include any other developments (future additions, buildings and/or out parcel
projects, Amenity center(s) etc.) that are planned for this Property. A Supplemental Agreement will be
prepared to assess any additional charges 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.
39. The charge shown in paragraph 4 (b) "Main Extension Charge - Wastewater", of this
Agreement, is refundable to Utility who previously paid for the wastewater main extension along County
Road No. 220.
40. All water and wastewater installations shall be in accordance with the plans prepared by
Dominion Engineering Group,Inc.,Project Number 2139.002,as described in Exhibit"B",or as modified in
a manner acceptable to Utility.
41. Utility requires verification that each individual townhome unit is connected to the proper
meter,and that no outside hose bibbs,that may be used by other tenants,are connected to the same meter as
an individual townhome unit. Developer shall require their contractor to assist Utility in gaining access to
each townhome unit in order to conduct this investigation as the meters are installed.
42. Water and wastewater services for The Villages at Long Bay are contingent upon the
completion and final acceptance by Utility of the water and wastewater infrastructure being installed with
Developer Agreement No. CU20/21-20,titled "Long Bay Development Off-Site Infrastructure Only"and
recorded in Official Records Book 4518,pages 1647 through 1663 of the Public Records of Clay County,
Florida.
43. The construction of this project will not commence until receipt by Utility of all permits and
easements, if necessary, and this Agreement is executed and the charges stated herein are paid.
44. This Agreement will need to be executed by Developers,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 Next Page]
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IN WITNESS WHEREOF, Developers 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:
LENNAR Ho, ES, LLC,
a Florida Ii I• liabilit ompany,
I II
Witness: %��J'�'Y, .4A - By: l i��II Seal
Print Name: trti C. U. kink. van £'.r i1 Sct'Ir Keiling, Vice President
Witness:
Print Name: , ;(jy i-fitea
STATE OF Ft.c 21(,4
COUNTY OF -Du U1 L.
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
online notarization,this /3 day of *Al/ , 2022, by SCOTT KgII.ING__ as VIC
PRESIDENT of LENNAR HOMES,LLC,a Florida limited liability company,wh s personall known
to me or who has produced ,as identification.
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•yip DANIELLE A.JANSE VAN RENSBURG
' if `, 14otary Public State of Florida Print Name: c 1i t/! M J r1 ' viarl r<irlstjtik?
:_ Commission M NM 244972
1 N.. uy Comm.Expires Mar 31,2026 t Notary Public
1 " Bonded through National Notary Assn. I State of Florida at Large
My Commission Expires: 3/31 /ZU (v
.
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WITNESSES: UTILITY:
CLAY ::UeNTY UTILITY AUTHORITY
1
Witness: By: �Print Na a IZ G m ns n, P.E., M.B.A.
ec IP ect•
(� if (Corporate Seal)
Witness: T �NF11
Print Name: Summer P. Berndt-
STATE OF FLORIDA
COUNTY OF CLAY
The fore oin nstrume was acknowledged before me by means of physical presence or❑online
notarization this day of , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COU TY UTILITY AUTHORITY, who is personally known to me.
It& * -----' k....)) (1•/'
Prin J i n a IV . a h h s
Nota V ' : is
State of Florida at Large
My Commission Expires:
VILLAGES AT LONG BAY
140 UNITS
Parcel No.: 37-05-24-006779-001-00
EXHIBIT "A"
PAGE 1 OF 2
A PORTION OF THE GEORGE BRANNINO DONATION,SECTION 37,TOWNSHIP 5
SOUTH,RANGE 24 EAST,CLAY COUNTY,FLORIDA,ALSO BEING A PORTION
THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1039,PAGE 54 AND
OFFICIAL RECORDS BOOK 1039,PAGE 68,LESS&EXCEPT THOSE LANDS AS
RECORDED IN OFFICIAL RECORDS BOOK 3842,PAGE 1907,OF THE PUBLIC
RECORDS OF CLAY COUNTY,FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE,COMMENCE AT THE NORTHWEST CORNER OF SAID
GEORGE BRANNING DONATION,SECTION 37;THENCE SOUTH 00°21'41"WEST,
ALONG THE WEST LINE THEREOF,A DISTANCE OF 2046.00 FEET;THENCE NORTH
88°59'37"EAST,DEPARTING LAST SAID LINE,AND ALONG A NON-BOUNDARY
LINE,A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE
OF COUNTY ROAD NO.220,ALSO KNOWN AS LONG BAY ROAD,BEING A 100.00
FOOT RIGHT OF WAY,SAID POINT BEING THE SOUTHWEST CORNER OF THOSE
LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 398,PAGE 408 AND ALSO
BEING THE NORTHWEST CORNER OF SAID LANDS AS RECORDED IN OFFICIAL
RECORDS BOOK 1039,PAGE 54 OF SAID PUBLIC RECORDS AND THE POINT OF
BEGINNING;THENCE NORTH 88°59'37"EAST,ALONG THE NORTH LINE OF LAST
SAID LANDS,ALSO BEING THE SOUTH LINE OF THOSE LANDS AS RECORDED IN
OFFICIAL RECORDS BOOK 398,PAGE 408,OFFICIAL RECORDS BOOK 1522,PAGE
to 432 AND OFFICIAL RECORDS BOOK 3238,PAGE 44,ALL OF SAID PUBLIC RECORDS.
A DISTANCE OF 1190.67 FEET;THENCE SOUTH 21°03'14"WEST,DEPARTING LAST
SAID LINE,A DISTANCE OF 31.31 FEET;THENCE SOUTH 89°46'55"WEST,A
DISTANCE OF 18.54 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET;THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 24.28 FEET,
SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF
SOUTH 46°09'3I"WEST,21.72 FEET TO THE END OF SAID CURVE AT A NON-
TANGENT POINT;THENCE SOUTH 00°00'01"EAST,A DISTANCE OF 73.54 FEET;
THENCE SOUTH 30°08'34"WEST,A DISTANCE OF 88.92 FEET;THENCE SOUTH
73°I5'38"WEST,A DISTANCE OF 50.13 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF
20.56 FEET,SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND
DISTANCE OF NORTH 67°28'45"WEST, 18.99 FEET TO THE END OF SAID CURVE AT
A NON-TANGENT POINT;THENCE SOUTH 89°46'55'WEST,A DISTANCE OF 7.63
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 6.00 FEET;THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE,A DISTANCE OF 9.42 FEET,SAID CURVE BEING SUBTENDED
D
BY A CHORD BEARING AND DISTANCE OF SOUTH 44°46'55"WEST,8.49 FEET TO
THE POINT OF TANGENCY;THENCE SOUTH 00°13'05"EAST,A DISTANCE OF 8.25
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 6.00 FEET;THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE,A DISTANCE OF 5.69 FEET,SAID CURVE BEING SUBTENDED
BY A CHORD BEARING AND DISTANCE OF SOUTH 26°56'2I"WEST,5.48 FEET TO
THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 6.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE,A DISTANCE OF 5.69 FEET,SAID CURVE BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE OF SOUTH 26°56'21"WEST,5.48 FEET TO THE
POINT OF TANGENCY;THENCE SOUTH 00°I3'05"EAST,A DISTANCE OF 26.77 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 94.00 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,A
DISTANCE OF 60.56 FEET,SAID CURVE BEING SUBTENDED BY A CHORD BEARING
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EXHIBIT "A"
PAGE 2 OF 2
AND DISTANCE OF SOUTH 18°14'I6"WEST,59.52 FEET TO THE POINT OF
TANGENCY;THENCE SOUTH 36°41'37"WEST,A DISTANCE OF 16.69 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 24.00 FEET;THENCE WESTERLY ALONG THE ARC OF SAID CURVE,A
DISTANCE OF 34.29 FEET,SAID CURVE BEING SUBTENDED BY A CHORD BEARING
AND DISTANCE OF SOUTH 77°37'08"WEST,31.44 FEET TO A POINT OF CUSP WITH A
CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 130.00 FEET;THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 191.64 FEET,SAID
CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH
18°59'27"EAST, 174.75 FEET TO THE POINT OF TANGENCY;THENCE SOUTH
23°1423"WEST,A DISTANCE OF 47.63 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 45.00 FEET;THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 66.00 FEET,SAID
CURVE BEING SUBTENDED BY A CHORD BEARING AND INSTANCE OF SOUTH
18°46'33"EAST,60.24 FEET TO THE POINT OF TANGENCY;THENCE SOUTH 60°47'30"
EAST,A DISTANCE OF 73.83 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 44.00 FEET;THENCE
EASTERLY ALONG THE ARC OF SAID CURVE,A DISTANCE OF 44.44 FEET,SAID
CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH
89°43'42"EAST,42.58 FEET TO A POINT ON THE PRESENT WEST RIGHT OF WAY
LINE OF STATE ROAD NO.21,BLANDING BOULEVARD,BEING A VARIABLE WIDTH
RIGHT OF WAY PER THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION 71070,SAID POINT LYING ON A CURVE BEING CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 3892.22 FEET;THENCE
SOUTHWESTERLY ALONG SAID PRESENT WEST RIGHT OF WAY LINE,THE
FOLLOWING 3 COURSES AND DISTANCES:COURSE 1)THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE.A DISTANCE OF 34.36 FEET,SAID CURVE BEING
tO SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 29°2I'22"WEST,
34.36 FEET TO THE END OF SAID CURVE BEING AT A TRANSITION IN TI{E RIGHT
OF WAY WIDTH:COURSE 2)THENCE SOUTH 88°59'45"WEST,ALONG SAID RIGHT
OF WAY TRANSITION LINE,A DISTANCE OF 26.16 FEET TO THE NORTHEAST
CORNER OF SAID LANDS AS RECORDED IN OFFICIAL RECORDS 1039,PAGE 68,
SAID CORNER BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 3914.72 FEET;COURSE 3)THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE,A DISTANCE OF 434.31 FEET.SAID CURVE
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 25°53'58"
WEST,434.09 FEET TO A POINT ON SAID CURVE BEING THE SOUTHEAST CORNER
OF LAST SAID LANDS ALSO BEING THE NORTHEAST CORNER OF THOSE LANDS
AS RECORDED IN OFFICIAL RECORDS BOOK 3976,PAGE 295 OF SAID PUBLIC
RECORDS;THENCE SOUTH 89°34'06"WEST.ALONG THE NORTH LINE OF LAST
SAID LANDS AND THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 988,
PAGE 373 OF SAID PUBLIC RECORDS,ALSO BEING THE SOUTH LINE OF SAID
LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1039,PAGE 68,A DISTANCE
OF 881.30 FEET TO THE SOUTHWEST CORNER THEREOF,ALSO BEING THE
NORTHWEST CORNER OF SAID LANDS AS RECORDED IN OFFICIAL RECORDS
BOOK 988,PAGE 373,SAID CORNER LYING ON THE AFOREMENTIONED EAST
RIGHT OF WAY LINE OF LONG BAY ROAD;THENCE NORTH 00°25'28"WEST,
ALONG LAST SAID RIGHT OF WAY LINE,A DISTANCE OF 1038.33 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED LANDS CONTAIN 24_5 1 ACRES,MORE OR LESS.
X'tim,:e A.a":,b4n'D, .p. Ap,m nr Mas'a F,kDc.c"der Agrcrnxw,Long B. Rna.Mc1R Yi11agc,at I..n6 I1a,Io",",ne,La,,,,n .Lw
Lmr 1'amral a 11:02:4 IN PM
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Villages at Long Bay
Engineer: William E. Schaeffer, II P.E.
Dominion Engineering Group, Inc.
4348 Southpoint Boulevard, Suite 201
Jacksonville, Florida 32216
Date: October 21, 2021
Job No.: 2139.002
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
T-1 Cover Sheet 10/22/2021
C-3 Geometry Plan 10/21/2021
C-4 Geometry Plan 10/21/202 I
C-5 Geometry Plan 10/21/2021
C-6 Paving&Drainage Plan 10/21/2021
C-7 Paving&Drainage Plan 10/21/2021
C-8 Paving& Drainage Plan 10/21/2021
C-9 Master Utility Plan 10/21/2021
C-10 Plan&Profile 11/08/2021
C-10A Plan&Profile 10/21/2021
C-I l Plan&Profile 10/21/2021
C-12 Plan& Profile 10/21/2021
C-13 Plan& Profile 10/21/2021
C-14 Plan&Profile 10/21/2021
C-15 Plan& Profile 10/21/2021
C-16 Table of Pipes and Structure 10/21/2021
C-17 Erosion Control Plan 10/21/2021
S-PCON Permanent Submersible Pump Station with Concrete Wet Well 11/08/2021
S-SPD CCUA Utility Notes 06/18/2021
S-SEW Sewer Details 06/18/2021
WATOI-WATO4 Water Details 06/18/2021
LW-STD Locating Wire Details 06/18/2021
S-UTC2 Utility Placement Details 06/18/2021
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Villages at Long Bay
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atDisclaimer: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
J 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 Road Info:
Middlebur Florida 32068-3907 — Water Features
g+ Prepared by CCUAGIS Portal Phone 904 272-5999 - Gravity Sewer Features
o 4/18/2022,9:43:28 AM — Forced Sewer Features
Conservation.Commitment.CommundyYAUTHD 1 inch = 250 feet - Reclaimed Features