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HomeMy WebLinkAboutDA MU21.22-23M01 - APF Road Phase 1 - Modification Return to: Clay County Utility Authority MU2 1/22-23 MO 1 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 MODIFICATION OF DEVELOPER AGREEMENT THIS AGREEMENT GRANTS TO THE"UTILITY"(AS HEREINAFTER DEFINED)AN ENFORCEABLE LIEN ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN(THE"PROPERTY")FOR CERTAIN DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE. THIS MODIFICATION TO DEVELOPER AGREEMENT("Modification"),made and entered into thisaU day of ,2022,by and between CREEKVIEW GP,LLC,a Delaware limited liability company, hereinafter re erre 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"); a WHEREAS,this Modification is for the purpose of modifying Developer Agreement MU21/22-23, for the project between Creekview GP,LLC and the Clay County'Utility Authority,dated August 31,2022, and recorded in Official Records Book 4647,pages 1010 through 1025 of the public records ofClay County, c Florida(the"Agreement"), in order to modify Exhibit"A." 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 cc 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 that the occupants of the improvements on the Property will receive adequate potable 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/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. r -2- (c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day (GPD)which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For this purpose the average daily flow of one potable water ERC is (450) GPD, one wastewater ERC is(311) GPD, and one reclaimed water ERC is(275) GPD. (d) "Point of Del fiver)-The point where the pipes or meter of Utility are connected with 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 appurtenances to the point of delivery unless otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong to others. (e) "Service" -The readiness and ability on the part of Utility to furnish and maintain potable water,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 that Developer is the owner of the Property and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request, Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,taxes, liens and covenants. 4. Connection Charges-In addition to the contribution of any wastewater collection systems, 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 (including 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 ERCs) $ N/A Alternative Water Supply Surcharge: ($365.74 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 0.00 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-Potable Water $ N/A Main Extension Charge- Wastewater $ N/A (d) Fire Protection Capacity Charge $ N/A (e) Meter Installation Charge $ N/A (0 Plan Review Fee $ 924.00 * (g) Inspection Fee $ 917.37 * (h) Recording Fee $ 125.00 Total $ 1,966.37 * - The "Plan 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. r. -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 Utilityfor its costs for such inspection, overhead sp on, including all o erhead associated with same. Where on-site temporary ry pumpstations 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 ofthe 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. 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. (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. • -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 ofUtility 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. 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 the Property. However, all such rules and regulations so established by Utility shall at all times be reasonable and subject to such regulations as may be provided by law or contract. 13. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes into the Utility's collection system are required to meet the requirements of Resolution 19/20-06 (Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic development operations may be required to install and maintain a silver recovery unit in order to meet the requirements of this resolution. Discharge of floor finish stripper products and waste to the collection system requires an Industrial Pretreatment Permit issued by Utility. 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. 25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein to 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 notplace anyconservation easements over anyof the easement lands that P 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. All of the conditions of the original Developer Agreement,dated August 31,2022,recorded in Official Records Book 4647, pages 1010 through 1025 of the public records of Clay County, Florida, shall remain in full force and effect, except as modified herein. Any portion of the"Property"as defined and described in said original Developer Agreement being modified hereby, which is not also legally described in EXHIBIT "A" to this Modification, and defined above as the "Property" under this Modification,is released from the application of said Developer Agreement by this Modification,and from any lien held by Utility under said original Developer Agreement or this Modification.Provided,however, that notwithstanding anything contained herein to the contrary, all of the Property as legally described in EXHIBIT"A" to this Modification continues to be subject to the application of said original Developer Agreement, as modified by this Modification,and to the lien(s) imposed thereon in favor of Utility, as set forth in said original Developer Agreement and in this Modification. [Signatures Begin Next Page] -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 liabili company, Witness: Tx/e (-- By: ,e,g) (Seal) Print Name: l�ra01 G cif•s-) Liam O'Reilly, Vice President Witness: U��� Print Nam )d(' (or Ae '��� [wf% STATE OF Ft r QQQ. COUNTY OF T-L,t_3-',QJL/ The foregoing instrument was acknowledged before me by means of El<sical presence or 0 online notarization this'-zjtv•-day ofOc.A9?-1--'--- ,2022,by LIAM O'REILLY,as VICE PRESIDENT of CREEKVIEW GP, LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me or has produced ,as identification. to Print e: j Notary Public State of g(O- I OLo at Large My Commission Expires: O S/t zf Zo2S Nobry Pubic Stele of Florida itKarim Rodrigo*Swam As SMs Ex 05112/2025 ar -12- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY Witness:.&IMMO 1 I 'Il! By: Print Name: Summer P. Bemdt r= y r. Johns en, P.E., M.B.A. Ixe e sr 1 Witness: �' S Print Name. a I S (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of©physical presence or❑online notarization this stgio day of QC4Obec , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. (4) / 11k Notary Public Stab of Florida - M_-P9 Summer P E Bemdt Print Name: Summer P. Tor E commission es 0,/�2024 950878. 7B Notary Public State of Florida at Large to My Commission Expires: 01 f Q(0fo11 APF ROAD,PHASE I INFRASTRUCTURE ONLY Parcel Number: 15-05-25-009338-002-00 EXHIBIT"A" A PORTION OF SECTION 22,TOWNSHIP 5 SOUTH,RANGE 25 EAST, CLAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22;THENCE SOUTH 89°25'41" WEST,ALONG THE NORTHERLY LINE OF SAID SECTION 22, A DISTANCE OF 1255.65 FEET,TO THE EASTERLY LINE OF EXCEPTION PARCEL C, DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1598, PAGE 1299,OF THE PUBLIC RECORDS OF SAID CLAY COUNTY;THENCE SOUTHERLY AND SOUTHWESTERLY, ALONG LAST SAID LINE, RUN THE FOLLOWING FIVE(5)COURSES AND DISTANCES: COURSE NO. 1: SOUTH 14°31'45" EAST, 692.66 FEET; COURSE NO. 2: SOUTH 28°24'11" WEST, 1030.02 FEET;COURSE NO. 3: SOUTH 00°57'26" WEST, 249.83 FEET,TO THE POINT OF BEGINNING; COURSE NO.4: CONTINUE SOUTH 00°57'26" WEST, 1249.97 FEET;COURSE NO. 5: SOUTH 06°24'08" EAST, 479.77 FEET,TO THE NORTHERLY RIGHT OF WAY LINE OF SANDRIDGE ROAD, A VARIABLE WIDTH RIGHT OF WAY, AS NOW ESTABLISHED;THENCE SOUTH 89°33'55" WEST, ALONG SAID HE NORTHERLY RIGHT OF WAY LINE OF SANDRIDGE ROAD,439.53 to FEET,TO THE ARC OF A CURVE LEADING NORTHEASTERLY;THENCE NORTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 47.12 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 44°34'03" EAST,42.42 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 00°25'49" WEST, 224.17 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHERLY; THENCE NORTHERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 2030.00 FEET, AN ARC DISTANCE OF 49.43 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 00°16'03" EAST,49.43 FEET, TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 00°57'54" EAST, 912.89 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHERLY;THENCE NORTHERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 2170.00 FEET, AN ARC DISTANCE OF 330.57 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 05°19'45" EAST, 330.25 FEET;THENCE SOUTH 80°18'24" EAST, 80.00 FEET,TO THE ARC OF A CURVE LEADING NORTHERLY;THENCE NORTHERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 2090.00 FEET, AN ARC DISTANCE OF 202.83 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 12°28'25" EAST,202.75 FEET;THENCE NORTH 90°00'00" EAST,209.88 FEET,TO THE POINT OF BEGINNING. CONTAINING 13.79 ACRES,MORE OR LESS. 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 to 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 Pavement Marking Plan 5/11/2022 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 I W'i1101.N.11111 11:E I lb �0 f 'W- I l • R `/ S 0 =__ Cr ---- RUSSELL=RD=—— W Z LU --it. 111I I r1. \\\\:-. --i, 14111 10 1I 1 PS#182 I PS 1 I I I L" I PS#144 Mid-Clay WWTP, twer#4 to I El NEw 41klid-Clay RWTP PS#35 — I t "P•. PS um PS#79 PS 6 .0 1 ::!.., 444 , . , P 1S#�73 PS#110 PS#145 — — G+_ —SANDRiDGE Rj — Er — Meadowlakes WTP a ER i pi 11 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 not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions 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. I I �N1 CO(JN)-* Title: : �_ Clay County Utility Authority CCUA Web Map leIM 3176 Old Jennings RoadInfo: t Middleburg, Florida 32068 3907 Prepared by CCUAGIS Portal - Water Features G Phone 904 272-5999 - Gravity Sewer Features i- 10/28/2022,9:01:53 AM %C Conservation.Commitment.Commundy = Forced Sewer Features STY AUTHD 1 inch = 2,000 feet - Reclaimed Features