HomeMy WebLinkAboutDA MU21.22-28 - Bella Lago, Phase 1 Infrastructure Return to:
Clay County Utility Authority
3176 Old Jennings Road Mtn/22-2 8
Middleburg, Florida 32068-3907
BELLA LAGO,PHASE 1 ._
Parcel No. 23-05-25-010101-000-00 INFRASTRUCTURE ONLY
Clay County (Mid-Clay'System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into thiday o
2022,by and between MATTAMY JACKSONVILLE,LLC,a Delaware limited liability company,h reinafter
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 potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central
potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so
o that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and
E 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/or reclaimed water service by the Utility to
the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction. (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, 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.
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(c) "1'duivalent:.Resicietitial;:Conneeti'on_fERG)".,A:taetor.pxpresseil t ',fiallons.liet_d�ty_.(_GPD)
which is used to convert a.given.;average•dt ily.•ilow•(i�D.F:)to the e uivalent Mnit cr ol�restdenttal onnections: For
this purpose the average daily Flow of o4 potable water Pgc is'(4 0)GPD,one wastewater ERC-is(3•11)GPD,and
one reclaimed water ERC is 275) 'PJ)
;(d) 'Point of Delivery" -"1heapoiiflt where the pipes or metet of Utility are connected with the
pipes of the consumer :Point of delivery for potable wafer service and reclaimed w,��te'r service shall be at the
c;onstimer's side ofthe meter rind for wastOititer at the-lot or-,pioperty,Lire: [7ulity shall, aeCtirding,to the
terms and conditions.hereof own all pipes�andaippurtenances:.to the paint of delivery unless otherwise::agreed: The
pipes and appuctciianees inside the point ofdehvery:shall belong to others.
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(e) '"S:ervice"'-The readiness-and ability on the part of Utility-to furnish and maintain potable;
water, reclaimed watel;.and:wlikewater service to the point of delivery for•each lot or tract pursuant to rules aid'
regulations of applicable regulatory agencies.
3. Assurance ol`Title •Developer rcpresents-and wary:ants:;that;D:eveloper•.is:thevwner of the Pro-pperty
and has the legal right to grant_the exclusive rights of sei vice•contained in this Agreement. Upon•request,Developer
agrees to deliver to Utility.evidence of.sueb ineluding.any outstanding mortgages taxes. liens and
covenants.
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4. Connection:Charges in aldition:to the contribution ofuny wastewater collection •sysieiis.;potable
-water distribution sy tcros;and reclaimed water:systems where applicable aid.fu,ther to t d.ucc Utility to provide
potable water,-r-eclaimed water and wastewater service.Dc*l iper hereby:ag},1ees to:pay'tii:Utility the iollowi tees;
And charges;-as ;defined:in ,the.Rate_ Resolution (including Service y�l•vatlabilcty Policy), Upon iexecutien: this:
Atteement.0 oalorto.'teti mTt:heSystem:
(a)Water Capacity Charge:
($360.00 x 0.00 ERCs) $ _N/A *
Alternative Water Supply Capacity Charge:
($365.74 x 0.00 ERCs) $. . .N/A *
SJWMD Black Creek Water Resource Charge::
($100.25 x 0.00 ERCs) .$ N/A _ *
Wastewater Plant Capacity Charge:
($3,200.00 x 0.00 ERCs) $ N/A
Environmental Impact Charge:
($410.00 x 0.00 ERCs) $ N/A *
(b) Debt Service Charge:
($167.00 x 0.00 ERCs) $ N/A .
(c) Main Extension Charge—Water '$ -N/A *
Main Extension Charge—Wastewater $ N/A - *
Main Extension Charge—.Reclaimed Water $ -N/A- •
(d) Fire Protection Capacity Charge .:$__ N/A
(e) Meter Installation Charge $ N/A
(f) Plan Review Fee $ . 2.656.50
(g) Inspection Fee $•__ 1=Q198.27
(h) Recording Fee $': 14100
Total
* This Agreement is for the Bella Lago, Phase I infrastructure only. This Agreement does not include any
connection charges, main extension fees or meter installation charges. A separate agreement will be
prepared for the additional phases and lots.
Note: Items (f) and (g) are estimates and are subject to adjustment based on actual costs incurred.
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Payment of the charges in paragraph 4 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 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 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
to 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, and wastewater
systems for the Property. The proposed electrical transformer layout of the electric utility providing service must be
provided to the Utility prior to commencement of construction.
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 defects, latent or
otherwise, with respect to workmanship, materials and installation in accordance with Utility-approved plans and
specifications, for a period of two (2)years from the date of the system acceptance by the Utility,and immediately
assign the same and the right to enforce the same to the Utility on or before such date.
The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and
other form of security acceptable to Utility in such amounts approved by Utility,which by its or their express terms
protect and indemnify Utility against any loss,damage,costs, claims, debts or demands by reason of defects,latent
or otherwise, in the system to be and remain in effect for two (2) years from the date of the system acceptance by
Utility.
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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.
(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.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility,
fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida Department of
Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with
approved plans.
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. 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,as
then in effect. 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 and potable water distribution facility installed by Developer to the central facilities of Utility in
accordance with all rules, regulations and orders of the applicable governmental authorities.
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Utility agrees that once it provides potable water and/or wastewater service to the customers within the
Property that it will continuously provide such service, at its cost and expense, but in accordance with the other
provisions of this Agreement, the then current Rate Resolution in effect for Utility, and the requirements of the
governmental authorities having jurisdiction over the operations of Utility. Utility shall not be liable for any
temporary interruptions in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of 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 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 eoiistiuct_.owo,:maintain and operate the potable.
water,reclaimed water,and wastewater facilities to serve the Property in, Wider, upon.over andaicross thevesent
and future streets, roads, alleys, utility easements, resetvcd,utility strips t7nd citiltty sites. Mortgagees; if any,
holding prior liens on the Property shall be required to release such'hens, subordinate their position or Loin in_.the
to grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of:a ".non-drsturbance
agreement" that the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility:
All potable water, reclaimed and wastewater collection facilities. save:and except installations owned by
Developer,or its successors or assigns shall be coveted by cascnients or rights-ol-way ifnot located within:platted
or dedicated roads or rights-of-way for utility purposes add.thcre:shall.be adequate legal access:to'sanme.
The use of easements granted by Developer to Utility sha 1 not pieelttde the use by other utilities of these
easements,such as for cable television,telephone,electric,ctt,gas ul:iliti However,'the use Of Such non exclusive
easements by third parties shall not interfere with Utility's utilization of sane. 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,lhe
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 potable
water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to
provide potable water and wastewater services to the Property and to the occupants of such residence, building or
unit constructed thereon.
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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.
29. 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 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.
30. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's
potable water, reclaimed water, and wastewater service within Developer's project,to apply to Utility for service
after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and
accepted by Utility. Upon completion of application for potable water,reclaimed 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.
31. Developer shall not place any conservation easements over any of the easement lands that contain
Utility's existing or proposed water and/or wastewater facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for
to providing the legal descriptions and maps for such easements to Utility,as shown on the plans prepared by England
—Thims&Miller, Inc., Job Number 20-213,as described in Exhibit"C",prior to commencement of this project.
This shall include (1) all easements necessary to accommodate water, wastewater, and reclaimed water stubs to
adjacent properties;(2)an easement ten(10)feet in width lying parallel and adjacent to all right of way lines within
the Developer's Property;(3)any easements within storm drainage retention pond areas or along lot lines that may
be necessary to accommodate any storm water harvesting systems that Utility may choose to install within
Developer's Property.
33. The landscaping (new or existing) for this project shall not include the planting of any trees within
seven and one half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains. In the alternative,
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.
It shall be Developer's responsibility to contractually require builders within the Property to establish a
workable procedure to assure Utility that the planting of"street trees" within the project provide at least seven and
one-half feet(7 ft. 6 in.) of separation from the center of the trees to Utility's mains and services. Otherwise,root
barriers are to be installed where the seven and one-half feet(7 ft.6 in.)criteria is not met. A service charge,subject
to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect and approve the proposed
tree locations.
34. The road cross-section,utility placement,and sidewalk placement used within the subdivision streets
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.
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12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable
water,reclaimed water and wastewater services shall be those set forth in the then current Rate Resolution most
recently adopted by the Board of Supervisors of Utility 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 potable water,reclaimed water and wastewater services to
the Property. However,all such rules and regulations so established by Utility shall at all times be reasonable and
subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-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.
14. Binding_Effect:o Agreetitene-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
to responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by messenger, by mail or by e-mail,and if to Developer,shall be mailed or delivered
to Developer at:
Mattamy Jacksonville, LLC
4901 Vineland Road, Suite 450
Orlando, Florida 32811
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or at 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 Attorneys 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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18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or
interrupted in consequence of any cause beyond the control of either party,including,but not limited to Act of God
or of the public enemy, war,national emergency, allocation or of other governmental restrictions upon the use or
availability of labor or materials, civil disorder, strike, embargo, natural disaster or catastrophe, unforeseeable
failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction,
regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party
shall not be liable for such non-performance.
19. Indemnification_-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.
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,elfect between Developer and Utility, made.with respect to the matters herein contained, and when
dilly executed .constittitesthe agreement between Developer and Utility No;additions,alterations or variations c>f
the terms of this:Agreement shall be valid;nor'can provisions of this Agreement be Wai Vda by;eiihet.party. unless
such additions, alterations, variations or waivers are expressed in writing and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,the same
shall include the plural,and the masculine, feminine and neuter genders shall each include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that
same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict complianceo:f;a_ny,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 o£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.
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35. It shall be Developer's responsibility to valve each water stub in such a fashion that connection and
extension of service to subsequent phases does not disrupt service to prior phases and such additional valving shall
be approved by Utility prior to installation. Each such phase shall be bacteriologically cleared and final certified by
the design engineer as complete, including as-built drawings, final close out documents, and final acceptance by
Utility, prior to water and wastewater service being initialized.
36. Connection to Utility's existing 12-inch water main and reclaimed main,and the construction of the
water and reclaimed water infrastructure,including services from the main to the meter locations,shall be installed
by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of
Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and maintain all facilities
upstream of the downstream side of the reclaimed water meters and potable water meters and all facilities
downstream of the downstream side of the reclaimed water meters and potable water meters shall be owned and
maintained by Developer. All of the water installation shall be in accordance with the plans prepared by England—
Thims & Miller,Inc., Job Number 20-213 as described in Exhibit "C", or as modified in a manner acceptable to
Utility.Utility shall have access to all of the water meters during normal business hours,for meter reading purposes.
37. Connection to existing Utility's 12-inch forcemain main and the construction of the wastewater
infrastructure 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. All wastewater
mains 8-inches and larger in size, terminating by a manhole, and all wastewater mains 8-inches and larger in size
that are stubbed for future extensions,as shown on the plans prepared England—Thims&Miller,Inc.,Job Number
20-213,as described in Exhibit"C", shall be owned and maintained by Utility. This includes all wastewater laterals
from the 8-inch wastewater mains to Developer's Property line/right-of-way line for each lot. 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. The wastewater
to pumping station and all ancillary items related to the wastewater pump station shall also be owned and maintained
by Utility. All such 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. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within
the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy (i.e.,
"Reuse Policy"), a true copy of which, in its current form, is attached hereto as Exhibit "B", and shall require that
those systems be operated and maintained in accordance with the rules and regulations of Utility, as well as all
governmental agencies having jurisdiction over such reclaimed water systems,and all Iots or parcels lying within
the Property are hereby so restricted.
39. All irrigation contractors employed by Developer to install reclaimed water irrigation systems within
the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-Connection
Control Policy. Once registered,such irrigation contractor shall comply completely with Utility's Cross-Connection
Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted for irrigation
contractors that are not registered with Utility.
40. All elements of the Florida Department of Environmental Protection rules and regulations regarding
the use of reclaimed water within the project will be adhered to at all times,and the Homeowners'Association will
continue to be responsible after Developer is no longer in charge of Bella Lago,Phase 1.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.
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41. No wells shall be permitted within or upon the Property for any purpose.
42. This Agreement does not include any other developments that are planned for this Property. Water,
wastewater and/or reclaimed water service to any future/proposed Amenity Center, swimming pool, and/or
recreation areas are also not a part of this Agreement. A separate agreement will be entered into when these
developments are initiated.
43. 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 for this total project shall be commenced
by October 1, 2022, or this Agreement will be subject to any Service Availability charge increases currently
approved,which may be applicable or which may be approved by Utility's Board of Supervisors for the next fiscal
year beginning October 1, 2022; and this Agreement is subject to any material cost increases which Utility may
experience after October 1, 2022.
[Signatures Begin Next Page]
to
-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:
Mattamy Jacksonville, LLC,
a Delaware limited liability company
By: Mattamy Florida,LLC
a Delaware limited liability company
its 1,an r
Witness: By; _ (Seal)
Print Name: . Title:. .
Witness:
Print Name: ��aseiw.
STATE OF. 1 Ldiz i vak
COUNTY OF 1 Tyy r
to
The foregoing instrument was acknowledged before me this P7Th day of SE�"f 4 ,2022,
by C L l iP �Z Sew . as 1/i� of MATTAMY FLORIDA,LLC,a Delaware
limited liability company, MANAGER of MATTAMY JACKSONVILLE, LLC a Delaware limited liability
company, who is personally known to me or who has produced ,asidentification.
Print Name: /v4v4e,-J Zae.r2ada,
Notary Public, State of. Flo c;des 4 at Large
My Commission Expires: i'/ZZ/Z
Neveed Zeerradeh
Notary Public
State of Florida
w : Comm#HH120682
Expires 4/22/2025
h r
•
-1 2-
WITNESSES: UTILITY:
CLAY COUNTY U _ Y AUTHORITY
AWitn �c.J By: 4�..►�►_
Print '____ I. • � e -m ohn on,P.E., M.B.A.
E ecut - ire or
♦ (Corporate Seal)
Witness: _ ►�,' llt 1Piaorii;
Print Name: ummer P. Berndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrume t was acknowledged before me by means of 0 physical presence or 0 online
notarization this,3td.day of LsQ efYlb 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me.
•
to4.
Clat
Notary Pubwc S o{Flo�ide ��}
" surnmer?E�tate"9` Print Name:- Summer P Bemdt
GG
E1P.,4 • xpires 01128mmission R 24 g5p878�
Notary Public
State of Florida at Large
My Commission Expires: 01/c 0/
(
BELLA LAGO,PHASE 1
INFRASTRUCTURE ONLY
Parcel No. 23-05-25-010101-000-00
EXHIBIT "A"
.A•,PoRrioN of sans 23 ANo:;261!lOWI43Mi0.s sou1.4:RAM.GE=25'E+l1ST.a:QLAY CO T•ifY1 k-iiiila. SWiNIG MORE
'/1R11E17LV1t0,0.ESCWE;bMTN:0*Si
COMMENCE:AT'•THE;SOLI,T.OWESTCORNER,OF:A.ECTION?8;•TGINNSOP.:5;$4UTH}R 1 PUS.EAB'F,CLAY"g9.1INTI(i:FiP•1314::
THENCE NORTH.,0914148'EAST,•ALONG THE SOUTHERLv UNE OF SAID SE4`TION 25,•A DISTANCE-O•,F 414,54 FEET;TO THE.
SOUtHEA`-.T•COR 1E,Ri_Op1THOSE LARDS DESCRIBEO:AND RECORDED II4:OFFICIAL TRECORDS;:BOOK4070 PAGE 181.489;
Al0"497.;:OF TIE;PUSIIC RECOTIDB•Of CLe1Y:000Nt9v I'LORigA;;slUboRtiER'ALSO.BeiNG A'POINT: O*iA:•CUR1iE•
:CONCAVE 'SOUT}EASTERLY; HAVING •A,'RADIUS OF 'i4;S57;OO FEET-AND.A CENTRAL ANGLE OF O2'5TSY; THENCE
NORTHEASTERLY AND SOUTHEASTERLY;. ALONG '(HE EASTERLY•-UNE OF :SAID •LANDS, THE FOLLOWING 1HREE(3)j
.CDURSES:.COURSE'DI:ALONG,AND ABOUND 114E ARC:OF S p•CVRVE:A.:DISTAIfCE OF;T52:86 FEET TO THE POINT OF
' TANGENCY SAID CURVE BEING SUBTENDED BY A CHO$O HEARING AND b1S1'AN10E OF NORTH 00.1658 EAST 75Z78 FEET:
COURSE i.it,.THENCE 1!OR H,01`4814'.EAS'( A DISTANCE OF•Z354 16 FEEl,'COURSE ITS: THENCE SOUTH 8r14 EAST..A
DISTANC . :18.1FEIEX io TIE POiN't•A9i'BEGINNiN TH G: ii-ENCE NOREASTERLY AHD.:NORTHWESiERLIT,'CONTINUE
iALONGSAIDEASTERLY.IiNtEOF THOSE LANDS,THE FOU.OWINCI FOU.R(I).COURSES:'COURSE 91;THENCEN*1TH01'a00'
EAST."A.DISTANCE OF 13,34.00 FEET;;COURSEM2:THENCE NORTH 08'14'orWEST,A'DISTANCE OF 448.00-FEET'COURSE#3:•
-1tiR.ip NORTH Ot°4554 EAST,A DISTANCE OF 2238 01 f EET;COURSE F4.,r fpic£NORTH D?'3O'54'<EAsT,.A,•OI,STANOE OF
433.23 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NUMBER 730-B(AN 80 FOOT RIGHT OF WAY,PER
FLORIDA DEPARLMENT:OR-TRANSPORTATION RIGHT OF.WAY:NWP SECTION'71523-Tf0I):THENCE SOUTH 59'25'32!:EAST.:
OEPARTUIIG SAID EASTERLY.LINE AND:ALONG SAID SOUTHERLY•RIGHT•OF WAY LINE;A'DISTANCE-OF-•807 66 FEET TO.THE
to POINT;OE CURVATURE:OF,A•CURVE CONCAVE NORTHWESTERLY,;HAYING A RADIUS�OF 1472.30'FEET.AND A CENTRAL__
ANGLE'OF121'•31T•I9 THENCE NORTHEASTERLY ALOT.G.SAID SOUTHERLY RIGHT OF WAY LINE AND•THE ARC of SA1D.'
CM. E.!-A;DISTANCE OF S6:OT.F.•I_ET,SAp CARVE BEING SUBTENDED DY A CCU BEARIN-G.AIJO DISTANCE:OFNORYµ°
9'4S'19'EAST, 504t.t.FOX TOPRHE-NORT.I;IINEST CORNER:OF-THOOSE LANDS DESCRIBED AND REGORGED IN;OFFICIAL.
RECORDS BODK•1883;PAGE 1745;.OF SAID PUSUC'RECORDS:.TIIEkE SOUTH ir50'38"EAST..OEPARTINiG SAID RIGHT OF
WAY LINE AND ALONG THE'WESTERLY LINE OF THOSE LANDS;:A DISTANCE.OF EA ST; AI
2109:29-FEET;'THENCE SOUTH 51,.2.1'02•'
CONTINUE ALONG SD V ESTERLY•LIN1E,A DJS1,NCE OF•1T5124 FEET:THENCE SOUTH'3T24'S2'WES_T,;DEPART11;Ki.
&40 AWES TERLY.L:1NE..A•D,ISTANGE.OF:9,1-?,44:FF,.>ErT:4*.?:CE SOUTH 01.41 -WEST;A-o1STANC,E:OF 7.14.8I FEET:THENCE
BOUTH I;NS71D0!'WEST.A DISTANCE OF 7:99;.6.FEET;THENCE SOUTTi:1.4!491D''E,AST,APISTANCE QF•,2T,1,21 FEET:,TTIENCE•
EOVTH•75'1tr30.'WEST.A DISTANCE OF IY412 FEET;THENCE SOU:rN I4 4W3O'EAST,A DISTANCE•OF 10:00.FEETGT1:1ENCE
SOUTH i5•10;30'WEST,'A DISTANCE:OF..60.QIO,FEET;TiIENCE.SOUTH:-I4'4I13O.!'EABi.A DISTANCE OF 35:89 FELT;THENCE
SOUTH 75'10'30 '.VEST,A DISTANCE OF 120.00 FEET:THENCE 8541Z4'WEST,A DISTANCE OF 188:48 FEET:THENCE
NORTH 73928291'WEST,•A.DISTANCEOF.IO2O:42•FEE';:•THENCE.NORTH 10'261a'WEST,•A.DISTANCE.OF I•I.10; FEET TO
THE POINT Of BEGINNING.
X ll-er„m A,•ild,ttily1Dc,dupe Ayrc mrnl Mail,"Fikilh+eL,per Aµc.�mmyWuw A,.nue.A(01 HlU.l Al AC)INFIU51 RUC 111REON1 Y 1MC doc,
EXHIBIT "B"
REUSE POLICY
PAGE 1 OF 2
Effective Date:-Thirty (30) days after Board's approval of the policy, for all developments that have not
met the filing requirements 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 date 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 be technically required 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 DRI.These shall be
regulated and charged under 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:
1. Developments occurring under DRI agreements or Florida Quality Development
to (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 arc 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 after the effective date of this policy will be 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 ofCriteria to be Utilized by Staff to Evaluate and Determine-if Reuse Piping Systems will
be Required--
(1) 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 of existing development of area which trunk mains must pass
through, natural geographical barriers (or obstacles), environmental damage, etc.
X:\Smiee AvailsbiLii)Oodope:Agmament Mame,Filetlln.9opn Ag.••.mantstA nntca IhtlsMGR Belie-L.go1MG doe
tI
EXHIBIT "B"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable Iand 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
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
to 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 additional 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 ofReOse Piping Systems - Where reuse piping systems are
required,the design engineer for the project shall design,at Developer's 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»rnice A,sitabil irDe eloper Agrccmrnt Mask"rdc,Desekper Agresmrnts'Asonke Bella I.egolMG.doe
EXHIBIT "C"
Project: Bella Lago, Phase 1
Engineer: Andrew A. Holley, P.E.
England—Thims& Miller, Inc:
14775 Old St. Augustine Road
Jacksonville,Florida 32258
Job Number: 20-213
Date: September 2021
'Engineer - - -Description ``-_ ' Approved
Drawing Number ' Plan Date
1 _ Cover Sheet. . .___ _ _ _ 05/04/2022
lA Engineer Signature Sheet 05/04/2022
2A-2B General Notes 05/04/2022
. _ 3 _ _ _Master Site Plan 05/04/2022
_ _4A-4T Geometry Plan _ _ _ _ , 05/04/2022 •
.. . 5. . . . Pre- Development Drainage Map._ _._ . _ _ . 05/04/2022
_ 6. . _- _ .. Post Development Drainage_Map . . , __ _ _ 05/04/2022_
7A-7T -,_ Paving and Drainage-Plan g _ 05/04/2022
- 8A-8T Neighborhood Grading Plan . . - _ _ 05/04/2022
_ .--- . 9 . . .. , Master Utility Plan _ .. ._. 05/04/2022
•
9A-9T - .. .Water.and Sewer Plan. _ __:. _ W 05/04/2022
to __ •...- . ,
l0A-1OG Roadway Profile. __ . .__. _ . .. 05/04/2022 i
1 1 A-11 D ' Force Main Profile __ __ __._ _ . __ _. 05/04/2022 '.
12A-12E Cross Sections _ � _ __ - ... .. _ _ 05/04/2022_:
•
13A-13F Paving and Drainage Details _ - . 05/04/2022-_
14A CCUA Standard Specifications - . _ _ 05/04/2022
14B-14E CCUA Water Details 05/04/2022
14F CCUA Sewer Details 05/04/2022
14G-14H
141
CCUA Reuse Details- 05/04/2022
CCUA Pump Station 05/04/2022
14J CCUA Pump Station Electrical _ 05/04/2022
14K , CCUA Utility Cross Section _ _ 05/04/2022 '
15 Erosion and Sediment Control Plan _ _ , 05/04/2022
16 . Erosion and Sediment Control Details __ _ _ _ ° 05/04/2022
17 . Stormwater Pollution Prevention Plan _ 05/04/2022
18 Stormwater Pollution Prevention Contractors Certification 05/04/2022
19A-1.9B . Sleeving Plan _ 05/04/2022 •
LC-00—LC-24. . Landscape Cover,Code Summary, Plan, Specifications and.Details 05/04/2022
. TM-01 Tree Mitigation Plan - ._ 05/04/2022
TM-02-TM-03 _ Tree Tables _. - 05/04/2022
HB-01 —HB-23 _. .Hose Bibb Plan. Specifications.and Details_ . . . . . . 05/0.4/2022
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does j
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing i
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
:),'S C.024 Title:
___ Clay County Utility AuthorityCCUA Web Map
i- 3176 Old Jennings RoadInfo:
/' � Middlebur Florida 32068-3907 Water Features
g+ Prepared by CCUAGIS Portal'a Phone 904 272-5999GravitySewerFeaturesJ \t 9/26/2022,4:57:16 PM 7 Forced Sewer Features
Conservation.Commitment.Community
�TYAUTND 1 inch = 1,500 feet — Reclaimed Features