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HomeMy WebLinkAboutDA KU21.22-86 - 16 Harmony Hall Road Record&Return to: KU21/22-86 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 WASTEWATER SERVICE TO 16 HARMONY HALL ROAD Parcel No.41-04-25-008334-000-00 (Kingsley System) Clay County Name of Project DEVELOPER AGREEMENT \ THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into th•is ols;7�day of , 2022, by and between MICHAEL FREEMAN JOHNSON and DENISE ROBYN JOHNSON, husband and wife, 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 Utility; and ar rr 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 ofDelivery"-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 0.0 ERC) $ N/A Alternative Water Supply Surcharge: ($365.74 x 0.0 ERC) $ N/A SJRWMD Black Creek Connection Charge: to ($100.25 x 0.0 ERC) $ N/A 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 $ 4,885.83 * (d) Main Extension Charge- Water $ N/A Main Extension Charge - Wastewater $ N/A (e) Meter Installation Charge $ N/A (f) Plan Review Fee $ 38.50 (g) Inspection Fee $ 38.50 (h) Recording Fee $ 125.00 Total $ 8,864.83 * - See paragraph 32 for explanation of charge. 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. 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. -3 - 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 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, to 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. 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. P -4 - 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. 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: Mr. & Mrs. Michael F.Johnson 16 Harmony Hall Road Middleburg, Florida 32068 and if to the Utility at: Clay County Utility Authority to 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 ofthe 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. 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. - 5 - 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 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. to 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 ofthe Developer. 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. P -6- 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. Developer shall grant an easement to Utility covering any portion of the water and/or wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for providing the legal description for such easement to Utility. In addition,this Agreement is contingent upon the execution of the Grant of Easement document. 29. 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. 30. The wastewater installation,stated in this Agreement, is subject to the receipt of a "County Use Permit"to work within the Harmony Hall Road right-of-way. 31. This Agreement is for wastewater service only and all references to water service in this standard Agreement shall not apply. to 32. The charge shown in paragraph 4(c)"Customer Connection Charge(Tap-in)-Wastewater", ofthis Agreement,includes the 2-inch PVC force main connection to the existing 6-inch force main through a 2-inch service stub terminating at a 2-inch ball valve and check valve assembly housed in a DFW-1324 valve box, which terminates on an easement at or near Developer's Property line, where Developer will make connection. 33. The wastewater connection point being constructed 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 connection of said piping to Utility's system at the valve box within Utility's proposed easement on the front of the Property,in order for the flow to be pumped into Utility's system for treatment and disposal. 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 two 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. P -7- 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. 36. It will be the Developer's responsibility to have a plumber properly eliminate Developer's existing septic tank and connect to the wastewater system. Developer shall contact Utility for inspection prior to the plumber covering Developer's connection of its wastewater service pipe to Utility's wastewater collection system. 37. The Developer will be responsible for all site restoration on their Property,upon completion of the project. 38. This Agreement does not include any other developments(future additions)that are planned for this Property. A separate agreement will be prepared for the additional requirements of each future development on the Property when such development is initiated. 39. The construction ofthis project will not commence until receipt of all permits and easements, o if necessary, and this Agreement is executed and the charges stated herein are paid. 40. 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. [Signatures Begin Next Page] 7 I - 8 - 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: /� p DEVELOPER: Witness: IMO- Cth�VD By: J4--4\....._ (Seal) Print Name: Jam C,Notos i ael Freema J nson Witnes . AA. • e.)1-Erlik-• Print Name: 4 ifer M.Cron • STATE OF + lQri&OA-- COUNTY OF (',1 col The foregoing instrument was ac owledged before me by means of❑x physical presence or ❑ online notarization, this oZegrd day of ,2022,by MICHAEL FREEMAN JOHNSON,who is personally known to me or has producedr(QrirItk c�e:4•a(s L ic�nse-., as identification. 1 l Notary Public State of Florida ( �, • (J ' — 1 Jennifer M Cron ( r A ,pll , My CH m21 ssion 08 ` Print Name: Jennifer M.Cron 1 Exp.1/2712026 1 Notary Publi and for the to County and State Aforesaid My Commission Expires: WITNESSES: DEVELOPER: Witness:U By: z-/t�/ `---- (Seal) Print Name: c, Q,L,(n u_ CXMo J.S Denise R yn Johnson Witnes . i1,� .ej.cr�� Print Name: J ;lifer M.Crnn STATE OF t''0 i Ct- COUNTY OF �-" I The foregoing instrument was ac owledged before me by means of❑x physical presence or 0 online notarization, this 7,3"d day of , 2022, by DENISE ROBYN JOHNSON, who is personally known to me or has producedF(aridAaciJe.s 1-ic Se_ , as identification. Ne.S.E..A-ANotary Public State of Florida Print Nam .A-A- ' 0---)14-TIA--, A► Jennifer M Cron Jennifer M.Cron lw'••d•- My Commission NotaryPu in and for the -� 1111�• Exp.1%2 l2026 County and State Aforesaid My Commission Expires: -9 - WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORIT WitnesZ By: Print Name: 'r M.Cron Teri Shoemaker, P.E. Chief Operations Officer Witness: .. Print N e:!' *A a V . Gibbs (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was a knowledged before me by means of® physical presence or 0 online notarization, thise/7 day of JtA y_e__. , 2022, by TERI SHOEMAKER, as CHIEF OPERATIONS OFFICER of CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. Nota Public State of Florida Jennifer M Cron t Name 1./nl-ifer M. ron My Commission fir Ext04 1644)13 '-Lary Publ and for the ounty and State Aforesaid My Commission Expires: WASTEWATER SERVICE TO 16 HARMONY HALL ROAD Parcel No. 41-04-25-008334-000-00 Official Records Book 3288 Page 1017, Clay County, Florida EXHIBIT "A" Lot 4 of MAGNOLIA POINT,according to the Plat thereof as recorded in Plat Book 6, Page(s) 14, of the Public Records of Clay County Florida. x‘Sern;.e AvatadteylDevclopar Agreement Wale*F.1•11Neralopat eements 1a nony Hall Road1AGR 16 Harmony Has Road Johnson SP6 SC WASTEWATER doc i. - . • -. A - . — ......— : t , 4'4 1 — ''' - :. rtt ` � ' . . •' I.. � ^fir • 4 l. eapt'a ...,. °03 .1•4 , i-• - 7 , ..._,100.-- 1-1, I ... , A : .., f ._ , _ _ . 1 . _ iki\ 10'CCUA Easement . e � ' to %%Al' .0 .- IC OP; • - :'ii lir `V + ` . �' Al :` '�f 'fir• is ' , , ,., .. , ,,,... -, ' r 41‘ ..., 4fre .,-V, t x.----., r .. lir - . -. 11 _ , '''2" 1* t. '41:4 . 4 41 -. '. . 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