HomeMy WebLinkAboutDA MU21.22-23 - APF Road, Phase 1 - Infrastructure Only Return to:
Clay County Utility Authority MU2 1/22-23
3176 Old Jennings Road
Middleburg,Florida 32068-3907
APF ROAD,PHASE 1
INFRASTRUCTURE ONLY
(Mid-Clay System)
Name of Project
Parcel Number: 15-05-25-009338-002-00
Clay County
DEVELOPER AGREEMENT
This DEVELOPER AGREEMENT("Agreement"), made and entered into this `' , day of
2022, by and between CREEKVIEW GP, LLC., a Delaware limited liability
co any, hereafter 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", and has a contractual obligation to develop the water, wastewater and reclaimed water
infrastructure within the lands described in Exhibit "A", attached hereto and incorporated herein by
reference(hereinafter"Property");
WHEREAS, Developers desire that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal,and central reclaimed water
c service for the Property;
cts
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement,
r central water, wastewater, and reclaimed water service to the Property and thereafter operate applicable
al
facilities so that the occupants of the improvements on the Property will receive adequate water,wastewater,
and reclaimed water 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,wastewater,and reclaimed water service by the
Utility to the Developers' 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,potable water distribution system,
and reclaimed 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.
PeCEIVF0 AUG 3 12022
s
-.2-
(c) "Equivalent Residential.Connection(ERC)"-A factor expressed in.gallons per day-
(GPD)which is used to convert a given average daily flow CADF)•to the equivalent number of residential .
connections. For this purpose the average daily flow or one potable water ERC is (450) GPD, one
wastewater ERC is(311)GPD,and one reclaimed water CRC is(275)GPD.
(d) "Pint of'Delivery"-The point where the pipes or meter of Util ity Mt c. tinectedwith
the pipes of the consumer. Point of delivery for potable water service and reclaimed 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 appirtenances to;the point of delivery unless
otherwise agreed. The pipes and appurtenances inside the point ofdelivciy shill belong to r others.
(e) "Service" -The readiness and ability on the part of Utility to furnish and maintain
potable water,reclaimed 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 tat Developer is the owner ol'.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, •
potable water distribution systems, and reclaimed water systems where applicable. and further to induce
Utility to provide potable water,reclaimed water,and wastewater•service.Developer hereby agrees to pay to
Utility the following fees and charges. as defined in the Rate Resolution (in'cluding Service Availability
Policy),upon execution of this Agreement in order-to reserve capacity in the System:
(a) Potable Water Capacity Charge:
to ($360.00 x 0.00 ERN) $ N/A .
Alternative Water Supply Surcharge:
($3365.74 x 0.00'ERCs) .$ N/A
.SJWMD Black Creek Water Resource Charge:
($100:25 x 0.00 ERCs) $ N/A •
Wastewater Capacity Charge:
- - - - -- --• -($`3'.200.00-x 0:00-ERCs) _- - ---- .. -- ..$ -"N/A
Environmental Impact Charge:
($410.00 x thoo.ERCs) $. N/A .
Debt Service Charge:
($167.00 x 0.00 ERCs) $ N/A
(b) Customer Connection Charge(Tap-in)-Potable Water $. N/A
Customer Connection Charge(Tap-in) - Wastewater $ N/A
(c) Main.Extension Charge-i otable Water $' N/A
Main Extension Charge- Wastewater $ N/A
(d) Fire Protection Capacity Charge $ N/A
(e) Meter Installation Charge $ N/A
(f) 'Plan Review Fee - $ .924.00 * •
(g) Inspection Fee $ 917.37 * _
(h) Recording Fee $ 125.00
Total $ l 966.3 t
* - The "flan Review Fee" and "Inspection Fee" are assessed specifically for the utility
infrastructure for the'project,in accordance with the plans shown on Exhibit"B",attached
hereto.
Note: Items(f)and(g) are estimates and are subject to adjustment based on actual cost incurred.
-3-
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer,or otherwise,shall have any present or future
right,title,claim or interest in and to the charges paid or to any of the potable water, reclaimed 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. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer 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
to conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's 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 Developer 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 Developer 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 Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all potable 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 Developer's contractor and the plans and specifications for construction of the potable water,
reclaimed water,and wastewater 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.
-4-
Developer 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. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all detects,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 Developer shall also provide to the Utility,at Developer's sole expense,such
maintenance pond 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 Developer to the Utility
hereunder,Developer.agrees 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.
•
Developer agrees to transfer to Utility,if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developer or Developer's 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,reclaimed water distribution,and wastewater collection systems.
to (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, reclaimed water, and wastewater systems are installed,with adequate legal
access to same,by recordable document satisfactory to Utility.
(Ij Convey to Utility,if so designated by Utility,by recordable.document in farm satisfactory to
Utility,fee simple title to lift station and pump statibtf 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 PrUtection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
6. Off:Site Installations - Developer 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 Developer to oversize off-.site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan.
-5-
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 Developer,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,potable water distribution facility,and/or reclaimed water
facility installed by Developer 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,
reclaimed 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 Developer 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 Developer 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 Developer,temporarily interrupt service to
to the Property until such outstanding covenant or agreement of Developer 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 - 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.
9. Easements - Developer hereby grants and gives 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,reclaimed 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, reclaimed water, and
wastewater collection facilities, save and except installations owned by Developer, or its 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.
The use of easements granted by Developer 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.
-6-
Utility hereby agrees that all easement grants will be utilized in accordance with the established and
generally accepted practices of the potable water,reclaimed 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-Developer agrees with Utility that all potable
water,reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed 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,
reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of
the Property.
11. 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.
12. 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
to 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,reclaimed and wastewater services to
-tlie Properly. However, all such rules and regulations so established by Utility shall at all times he
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. Developer, tenant or the
Property/project owner must inform Utility of its intent to discharge any floor finish stripper product and
waste. Upon notification, a permit application will be sent to Developer, tenant or the Property/project
owner 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.
-7-
14. 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. Prior to Developer's acquisition of title to the Property, 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. Subsequent to Developer's acquisition of title to the Property,this
Agreement shall be binding upon and shall inure to the benefit of Developer and the Property and shall run
with title to the Property without the requirement of any formal assignment agreement and without obtaining
any consent from Utility.
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,and if to Developer,
shall be mailed or delivered to Developer at:
Creekview GP, LLC •
Attn.: Liam O'Reilly
7807 Baymeadows Road East, Suite 205
Jacksonville, Florida 32256
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
to or such other address as specified in writing by either party to the other.
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 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.
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 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.
19. 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 potable water, reclaimed
water,and wastewater systems.
-8-
MISCELLANEOUS PROVISIONS
20. 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.
21. 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 by both parties.
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 Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility and Developer.
to 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,Developer to Utility that-Utility has agreed to provide
potable water,reclaimed 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.
27. 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.
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. 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.
-9-
29. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's potable water,wastewater and reclaimed service within Developer's 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,wastewater and reclaimed water services 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.
30. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water,wastewater and reclaimed water systems installed by Developer,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 it is understood and agreed that Utility's charges associated with the
review and quality assurance of the CAD as-built survey drawings will be paid directly by Developer's
licensed underground utility contractor and shall be provided in accordance with CCUA's "As-built
Specifications Standards Manual",which can be obtained from the Utility's website(www.clayutility.org).
It shall be Developer's responsibility to properly instruct his contractor to contact Utility for an estimate of
such charges and clarification of the required as-built drawing procedures.
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water,wastewater or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water,
wastewater and reclaimed 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
to contingent upon the execution of the Grant of Easement document.
33. It shall be Developer's specific responsibility to provide all close out documents,easements,
etc.,that are necessary to legally convey title or property rights to the water,wastewater and reclaimed water
utilities installed within the parcel described in Exhibit"A",for which Utility agrees to assume ownership or
requires that Utility assumes ownership. This includes any documents required to be signed by the owner of
this portion of the Property.
34. 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,wastewater and/or reclaimed water 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.
35. The road cross-section,utility placement,and sidewalk placement used within the street and
right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities
and the Clay County Engineering Department. Any variance from these standard layouts shall be
communicated by Developer to all utilities requiring facilities in the right-of-way and the Clay County
Engineering Department and shall be approved by all such utilities and agencies prior to commencement of
construction.
36. The charges shown in paragraph 4 of this Agreement cover only the infrastructure for water
and wastewater water service to APF Road, Phase I in accordance with the plans shown on Exhibit"B",
attached hereto and by reference made a part hereof,and do not include any future developments(buildings,
additions,etc.)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.
-10-
37. Developer shall connect to Utility's existing water main at the location shown on the final
approved plans prepared by England-Thims & Miller, Inc., Project No. 17-115-08, entitled APF Road,
Phase I which are acceptable to Utility. All facilities 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.
38. In the event the Developer connects to reclaim water stubs, being installed by others, all
elements of the Florida Department of Environmental Protection rules and regulations regarding the use of
reclaimed water within the project would need to be adhered to at all times. This specifically pertains to the
Public Notice(posting of signs)provisions of the Florida Department of Environmental Protection rules and
regulations,as well as all specific requirements pertaining to the use of reclaimed water in public areas and
on roadways.
39. In coordination with the APF Road, Phase I development,Utility requested a proposal from
Developer's contractor,Jax Utilities Management, Inc., for the cost to install 1,900 linear feet of 12-inch
forcemain, as shown on the plans prepared by England-Thims& Miller, Inc., Job Number 17-115-08, as
described in Exhibit"B". The forcemain main installation is part of Utility's Master Planning and does not
benefit Developer at this time. Utility will pay the total cost of 12-inch forcemain installation,in the amount
of$353,900.00 and shall reimburse said construction cost to Developer upon acceptance and completion of
the forcemain installation.
40. No wells shall be permitted within or upon the Property for any purpose.
to 41. The construction of this project will not commence until receipt of all permits and easements,
if necessary,and this Agreement is executed and the charges stated herein are paid.
42. This Agreement will need to be executed by Developer,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
O -gib-e l:2021 or thus A reemcnl will be subject ta'any Service AvailabiIity 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]
L
-11-
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:
CREEKVIEW GP, LLC,
a Delaware limited liability mpany,
Witness: . - 'J' By: (Seal)
Print Name: I esaAA Y ) Liam O'Reilly, Vice President
Witness: C,tty�4 i
Print Na : Joe. orneIisoa
STATE OF F411J —
COUNTY OF D.tt,,/
The foregoing instrument was acknowledged before me by means of l i iysical presence or 0 online
notarization this 30 day of QST' .2022,by LIAM O'REILLY,as VICE PRESIDENT of
W r GP, LLC, a Delaware limited liability company, on behalf of the company, who is
personally kno o me or has produced .as identification.
to
Prin plain : 9(t.t5
Notary Public
State of at Large
My Commission Expires:O 5h 2,1 20ZS
Notary Public State 4% mem Rodnoues�� giNa
Art Ices 05/12J2025
or96
-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
•
Witness: _1t�, By: 7 :,
•
Print Name: ummer . - -re r • DA.hn-ion,P.E.,M.B.A.
:xec tiv- ►irec or
Witness: N M•• -Q-14412)
Print Nam(-are--
a M. 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 _day of LSSt , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COU Y UTILITY AUTHORITY,who is personally known to me.
•
citunifyi2e-P• 111) .1711%
SuNotary PublicPEBe staterndt or Fiorida Print Name: Summer -. _ = nut
mmer
t J My Commission o0 95o87e. Notary Public
e, expires o�nsrso2a State of Florida at Large
to My Commission Expires: Ol/alo/
APF ROAD,PHASE I
INFRASTRUCTURE ONLY
Parcel Number: 15-05-25-009338-002-00
EXHIBIT"A"
PARCEL C:
A portion of Section 10,Township 5 South,Range 25 East,Clay County,Florida,being all of Parcel 4,as
described and recorded in Official Records Book 4147,page 1386,of the Public Records of said county,
being more particularly described as follows:
For a Point of Reference,commence at the Southwest corner of Section 14,said Township and Range;
thence North 89°17'09" East, along the Southerly line of said Section 14, a distance of 104.52 feet to
the Westerly comer of the Southerly terminus of State Road No.23,Parcel 114,Part"A",a variable width
limited access right of way as described and recorded in Official Records Book 4085,page 409,of said
Public Records;thence Northerly along the Westerly and Southerly limited access right of way lines of
said State Road No. 23 the following 3 courses: Course 1, thence North 02°30'54" East,departing said
Southerly line,2354.94 feet to the point of curvature of a curve concave Southwesterly having a radius of •
2512.00 feet; Course 2, thence Northwesterly along the arc of said curve through a central angle
of 92°30'23", an arc length of 4055.73 feet to the point of tangency of said curve,said arc being subtended
by a chord bearing and distance of North 43°44'17"West,3629.35 feet;Course 3,thence North 89°59'29"
to West, 1657.84 feet;thence North 00°11 '43"West,departing said Southerly limited access right of way
line,324.39 feet to a point lying on the Southerly line of said Section 10 and the Point of Beginning.
From said Point of Beginning, thence North 00°01 '58" West, along the Easterly line of those lands
described and recorded in Official Records Book 2859,page 403,of said Public Records, 1779.65 feet to •
the Northeasterly corner thereof, said corner lying on the Southerly right of way line of Russell Road
(County Road No. 209) (formerly State Road No, 209), a variable width right of way as presently
established; thence South 83°10'45" East, along said Southerly right of way line, 60.43 feet to the
Northwesterly corner of those lands described and recorded in Official Records Book 1040,page 611,of
said Public Records;thence South 00°01 '58" East,departing said Southerly right of way line and along
the Westerly line of said Official Records Book 1040, page 611, a distance of 1772.50 feet to the
Southwesterly corner thereof; thence North 89°58'41" West,feet to the Point of Beginning.
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: APF Road,Phase I
Engineer: Scott A. Wild, P.E.
England-Thims&Miller, Inc.
14775 Old St. Augustine Road
Jacksonville,FL 32258
Project No.: 17-115-08
Project Date: June 2020
Engineer Description Latest Engineer
Drawing Approved Plan Date
Number
1 Cover Sheet 5/11/2022
2 Signature Sheet 5/11/2022
3 General Notes&Legend 5/11/2022
4 Master Site Plan 5/11/2022
5 Post Development Drainage Plan 5/11/2022
6 Master Utility Plan 5/11/2022
7-9 APF Road Plan.and Profile 5/11/2022
10 Force Main Plan&Profile 5/11/2022
11-12 SMF No. 1 Plan . _ 5/11/2022
13-14 Paving&Drainage Details 5/11/2022
15 SMF Cross-Section& Control Structure Detail 5/11/2022
- —16 _ 'Signage and-Pavment Maiking Plari_ — - 5/1172022- _ _.
17 CCUA Standard Specifications 5/11/2022
18-19 CCUA Utility Cross Sections 5/11/2022
20-23 CCUA Water Details 5/11/2022
24 CCUA Sewer Details 5/11/2022
25-26 CCUA Reuse Details 5/11/2022
27 Erosion and Sediment Control Plan 5/11/2022
28 Erosion Sediment Control Details 5/11/2022
29 Stormwater Pollution Plan . 5/11/2022
30 Stormwater Pollution Prevention Plan—Contractors Certification 5/11/2022
31 TTCP General Notes and Details 5/11/2022
32 Maintenance of Traffic Phasing Plan 5/11/2022
33 Pre Development Drainage Plan 5/11/2022
34 Landscape Cover 5/11/2022
35 Landscape Code Calculations and Notes 5/11/2022
36-37 Landscape Plan 5/11/2022
38 Landscape Specifications and Details 5/11/2022
EXHIBIT"C"
REUSE POLICY
PAGE 1 OF 2
Effective-Date-Thirty (39) days alter Board's approval of the policy, for All developments.that have not
met the hi ling rcquirements,of:the County's Zoning Department,which requires each new development to be
reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC
-approval,which have been quoted charges to connect to the Clay county Utility Authority's(CCUA)water
and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for
a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed
timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was filed with
DRC prior to the effective date of this policy. within fifteen months after the effective dale of the policy,
then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development Review
Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI)agreements which
may not he technically requited to install residential reuse,but who choose to do so in settlement of minor
and/or major modifications to the structure and composition of developments within the DR! These shall be
regulated and charged tinder this proposed policy and effective date criteria the same as all other
developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
to 1. Developments occurring under DRI agreements or Florida Quality Development
(FQD.) agreements, which are not required by said agreement to install residential
reuse and who do not volunteer to provide residential reuse piping systems.
2. Developments which,as of the date of enactment of this policy, own and maintain
their own reuse pumping plant and purchase bulk service from the CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998, at a
prior approved rate and still have an inventory of prepaid connections, shall be
exempt until such prepaid connections are used up.
4. Developments and/or communities that own, operate and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water
When it is Available-All developments occurring alter the effective date ofthis policy will he reviewed by
the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall
include-commercial,public facilities. industrial. as well as residential developments.
Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will
be Required -
(.l) Financial feasibility of extending a trunk main to an area at that time,or some planned future
date, to provide :reuse water to the proposed reuse system. This item shall consider the size of the
development,. distance to nearest master planned reuse trunk main or planned reuse plant, remaining
developable property in the area,complexity olexisting development of area which trunk mains must pass
through, natural geographical barriers (or obstacles), environmental damage, etc.
xU.ni..A.aslal.ilig0.duper A}'gcmoll M..J.,Y.IL-Nic.cNy.n Apr mnamlUukkal Pb,L,Ion•A..+w.weAl:k MM.S I RONt:.UMAIERCIAl.II IAtili due
I a4 pnnkd omen:I i2 Pi.l
EXHIBIT "C"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and •
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
to irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA.naming the CCUA as an add ition.il insured shall be on file at-all-times-with
the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for
the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems- Where reuse piping systems are
required,the design engineer for the project shall design,at Developers' expense,the reuse piping system
for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse
water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost
sharing for oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's
specifications and details, shall apply to these reuse piping systems, the same as the potable water
distribution systems and wastewater collection systems.
X Uanm As.I411.1d VA clnra Apeanam Mava I okVk+cN,+a A,n...n4441Mo(l'bnmu u.Ann.',,.'AIR ARMS I B"N(.CIIMMIRCIAI PHA,'i 4 d..
I.u.lr,I.J WIIFP 2I I2I'M
Ir