HomeMy WebLinkAboutDA KU21.22-85 - Water & Wastewater Service to 4660 Pine Gate Road Record&Return to:
Clay County Utility Authority KU21/22-85
3176 Old Jennings Road
Middleburg,Florida 32068-3907
WATER&WASTEWATER SERVICE
TO 4660 PINE GATE ROAD
(PINE GATE IN-FILL PROJECT)
Parcel No. 33-04-26-013152-021-00 (Kingsley System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"),made and entered into this IS-1- day of
.3-01e 2022,by and between A&M HOME BUILDERS,LLC,a Florida limited 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 Clay County, Florida, and described in
Exhibit "A", attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal service for the Property;
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement
° 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
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Utility; and
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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.
(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.
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(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:
($360.00 x 1.0 ERCs) $ 360.00
to Alternative Water Supply Surcharge:
($365.74 x 1.0 ERCs) $ 365.74
SJRWMD Black Creek Connection Charge:
($100.25 x 1.0 ERCs) $ 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 $ 294.25 *
(d) Main Extension Charge- Water $ 4,454.68 **
Main Extension Charge- Wastewater $ 5,243.27 **
(e) Meter Installation Charge $ 391.96 ***
(f) Plan Review Fee $ 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee $ 125.00
Total $ 15,189.15
* See paragraph 29 for explanation of charges.
** See paragraph 30 for explanation of charge.
*** Includes one 5/8-inch x 3/4-inch potable water meter installation,with meter box.
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 costs
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-UtiIity 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.
to 6. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
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
schedule 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.
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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.
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
to 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.
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:
A&M Home Builders,LLC
6005 West Shores Road
Fleming Island,Florida 32003
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 charge shown in paragraph 4(c)"Customer Connection Charge(Tap-in)-Wastewater"
includes a 2-inch ball valve and check valve assembly housed in a DFW-1324 valve box,which terminates
near Developer's Property line,where Developer will make the connection.
30. The Property, which is the subject of this Agreement, is included in the Pine Gate In fill
Project,which has been funded by Utility,and shall be subject to all of the requirements set forth in Utility's
"In-Fill Project Fund Policy Statement", as amended April, 1999 and attached hereto as Exhibit "B". The
charge shown in paragraph 4(d) "Main Extension Charge - Wastewater" and "Main Extension Charge -
Water",of this Agreement, is Developer's pro rata share of the total cost funded by Utility.In addition,the
charges are subject to per diem carrying charges on previously installed mains at$0.58 per day if paid after
July 31,2022.
31. 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.
32. It shall be the Developer's responsibility to notify the Utility and install or have installed an
approved lead-free backflow prevention assembly immediately downstream of Utility's 5/8-inch x 3/4-inch
potable water meter, should there be an alternative water source on the Property.
33. The wastewater connection point is a pressure force main connection point and will require
the Developer,its successors and assigns,at its/their sole cost and expense,to install and maintain a grinder
pump station and piping, capable of pumping the anticipated flow at the required pressure condition, and
Developer shall be responsible for connection of said piping to Utility's system at the valve box within
Utility's easement in order for the flow to be pumped into Utility's system for treatment and disposal.
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In addition, Developer, its successors and assigns, hereby agree(s) to install and maintain a
Flowmatic ball check valve,Model 508(epoxy coated cast iron body),at its/their sole cost and expense,on
the discharge side of the Developer's grinder pump station.The Flowmatic ball check valve shall be placed
in a protective valve box with a lid. The check valve and valve box shall be positioned on a horizontal
segment of pipe at least(2) linear feet outside of the grinder pump station.
Prior to the start-up of the grinder pump station, Developer, its successors and assigns, will be
required to pull the grinder pump for Utility's inspection to ensure the proper grinder pump and check valve
have been provided.If the proper grinder pump and check valve have been provided,the system start-up will
be allowed to proceed.If not,Developer,its successors and assigns,shall correct the pump station and check
valve and call for a follow-up inspection. An additional service charge will be assessed for the follow-up
inspection.
34. The Developer will own and maintain the private pumping station and check valve on the
Property, and in the event of an electrical power outage, it shall be Developer's responsibility to provide
backup power,if continuous service is desired. Utility is in no way responsible for damages or injury,either
directly or indirectly,related to sanitary sewage overflows, spills or stoppages related to loss of electrical
power or any malfunction of the privately owned facilities.
35. 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.
to
36. The Developer will be responsible for the site restoration of their Property,upon completion
of the project.
37. 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.
38. 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.
39. 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.
WITNESSES: DEVELOPER:
A&M HOME BUILDERS, LLC.
\ ` a Flori limited liability company
Witness:\ \.L By:
Print Name: 1.At ALE wv a t i McGuigan,Manager
Witness: (Corporate Seal)
Print Name: os•Hti,A Alu
STATE OF
COUNTY OF CL.Ay
The foregoing instrument was acknowledged before me by means of® physical presence or 0
online notarization, this 3o day of r•\Ay , 2022, by TOBI MCGUIGAN as
MANAGER of A&M HOME BUILDERS,LLC, a Florida limited liability company,who is personally
known to me or has produced , as identification.
to
{eRY ov' JOSHUA VINCENT LEE ANDERSON Print Nam : SOS 4uA ��D ETLSO►—
?°• r 1 Notary Public-State of F;orica
"`i Commission=GG 919472 Notary Pub ' in and for the
' .... My Comm.Expires Oct 6.2023 County and State Aforesaid
Bonded through National Notary Assn,
My Commission Expires:
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WITNESSES: UTILITY:
CLAY COUNTY UTI ;UTHORITY
li
Witness: �1►I. jBy: �` �=a---
Print Name: Summer P. Berndt re r,' : sto . P.E.,M.B.A.
, ec erector
Witnessnrsr'..- -
Print NayaM. Gibbs (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of® physical presence or ❑
online notarization,this IS+ day of 1- t42 , 2022, by JEREMY JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
6
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,P Nofar�+Public SLete of Florida -11 i j%
Summer P E Berndt Print Name: Summer P. Berndt
ip1My Comnhls3 on GG 950878•
F.Xpires 01/zen024 Notary Public in and for the
to County and State Aforesaid
My Commission Expires: Ol f (01
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WATER& WASTEWATER SERVICE
TO 4660 PINE GATE ROAD
Parcel Identification No. 33-04-26-013152-021-00
Official Records Book 4601, Page 1607-1608, Clay County,Florida
EXHIBIT "A"
Lot 17,Block 1,PINE GATE,according to the plat therof as recorded in Plat Book 14, Pages 16 and 17 of
the public records of Clay County,Florida.
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EXHIBIT "B"
PAGE 1 OF 2
CLAY COUNTY UTILITY AUTHORITY
IN-FILL PROJECTS FUND
POLICY STATEMENT
As Amended April 6, 1999
Purpose
Pursuant to unanimous action taken by the Board of Supervisors ("Board") of the Clay County Utility
Authority ("CCUA") during the regularly scheduled Board meeting of December 15, 1998, this policy
establishes a mechanism that will provide the necessary funding to install water, wastewater, and
reclaimed water utilities in certain communities.This in-fill project fund is being created for the purpose
of extending water, wastewater, and/or reclaimed water utility service to communities that are located
near existing CCUA appurtenances for the purpose of serving communities currently using private wells
and septic tanks.
Projects that are interspersed among existing developed parcels, thereby making economic feasibility of
such extensions difficult.
Extensions needed to improve CCUA's system by looping service mains, eliminating pump stations, and
upgrading trunk mains for projects that are not otherwise budgeted or covered by extensions normally
paid by developers.
to
Improving the health, safety,welfare or the environment of the citizens of Clay County.
This fund will give Board members a clear and concise method to evaluate fund availability for such in-
fill projects.
Scope
In-fill projects will be limited to communities located within CCUA's service area.Potential projects must
be located in the vicinity of existing CCUA appurtenances so that it is economically feasible to extend
service to the community.
Policy
The fund will be established by using excess earnings from utility operations. Net income in excess of
$500,000 for fiscal year ending September 30, 1998, will be credited to this fund. The fund is initially
limited to a maximum balance of$1,500,000.
The Board will maintain complete control of the fund and the determination of which projects are funded.
Service extension projects will be evaluated by the Board on a case by case basis. The Board shall
determine if a particular project is economically feasible.
CCUA IN-FILL PROJECTS FUND POLICY STATEMENT
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EXHIBIT "B"
PAGE 2 OF 2
The Executive Director shall have the authority to proceed with projects falling within the intent of this
policy in emergency situations as long as the value of said project does not exceed$10,000. Emergency
situations are those situations that require immediate action by the Executive Director, such that without
prompt action, the opportunity to complete projects within the intent of this policy would be lost, or the
cost of completing the project in the future would be greatly increased. If the Executive Director declares
an emergency situation under this policy, a description of the project and the rationale supporting the
emergency declaration must be presented to the Board during the next regularly scheduled Board meeting.
•
The Board may also direct that these funds be diverted to other uses if, in the opinion of the Board, it is
necessary to do so.
This fund will be established with an initial transfer from the net income generated during the fiscal year
ended September 30, 1998 that exceeds $700,000 ($500,000 normal profit plus $200,000 allocated to the
1998/99 budget).
As customers connect to the system,they will be charged a main extension charge based on their pro rata
share of the cost to extend service to their neighborhood, as calculated by CCUA's staff based on the
budgeting and planning assumption that 75%of all units which in theory can be served by such extension
will in fact ultimately connect to the system.In addition,a carrying charge approximating CCUA's overall
cost of funds shall be added to the cost of each connection,accruing from the date of placing the extension
in service at an initial rate of 5%per annum for fiscal year 1998/99,and thereafter at the rate set by CCUA
to from year to year in the discretion of the Board, and compounded until paid by the individual customer
connecting to the system on each September 30th thereafter. There shall be no refund of payments made
under this policy which, in the aggregate, prove to be in excess of the actual cost of a specific extension
of CCUA's system,plus carrying charges,which is made pursuant to this policy.All such main extension
charges will be deposited into the in-fill projects fund upon their receipt by CCUA.
CCUA IN-FILL PROJECTS FUND POLICY STATEMENT
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