HomeMy WebLinkAboutDA SS22.23-1 - Kindlewood Townhomes •
Return to:
Clay County Utility Authority
3176 Old Jennings Road,,
Middleburg,Florida 32068-3907
• SS22/23-1
KINDLEWOOD TOWNHOMES
• 106 TOWNHOMES—
Parcel Nos.: 17-04-25-007949-000-00 Spencers System
Clay County • (Name of Project)
DEVELOPER AGREEMENT •
S DEVELOPER AGREEMENT("Agreement"), made and entered into this 3 day of
2022, by and between KINDLEWOOD INVESTORS,LLC,a Florida limited liability
company, hereinafter referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY, an
independent special district established under Chapter 94-491, Laws of Florida,.Special Acts of 1994,
hereinafter referred to as "Utility".
•
WHEREAS, Developer owns or controls lands located in Clay County,Florida, and described in
Exhibit "A", attached hereto and incorporated herein by reference(hereinafter"Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
adistribution service and/or central wastewater collection,treatment and disposal,and central reclaimed water ,
0 service for the Property; . 0
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement,
central water, wastewater,•and reclaimed water service to the Property and thereafter operate applicable
ce
facilities so that the occupants of the improvements on the Property will receive adequate water,wastewater,
and reclaimed water service from the Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of potable water,wastewater,and reclaimed water service by the
Utility to the Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery. :
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of property represented by the cost of the wastewater collection system,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 specified Property.
•
-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 Delivery"-The point where the pipes or meter of Utility are connected with
the pipes of the consumer. Point of delivery for water service shall be at the consumer's side of the meter
and for wastewater service at the lot or Property line. Utility shall, according to the terms and conditions
hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain
water and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of
applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges-In addition to the contribution of any wastewater collection systems,
water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to
provide potable water,wastewater service,and reclaimed water 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:
($360.00 x 74.00 ERCs) $ 26,640.00 *
Alternative Water Supply Surcharge:
($376.71 x 74.00 ERCs) $ 27,876.54 *
SJWMD Black Creek Water Resource Charge:
($108.77 x 74.00 ERCs) $ 8,048.98 *
Wastewater Capacity Charge:
($3,200.00 x 74.00 ERCs) $ 236.800.00 *
Reclaimed Water Capacity Charge:
($300.00 x 2.50 ERCs) $ 750.00 *
Debt Service Charge:
($149.00 x 74.00 ERCs) $ 11,026.00 *
(b) Main Extension Charge - Water $ 14,282.00 **
Main Extension Charge - Wastewater $ 39,703.22 **,
(c) Fire Protection Charge $ N/A
(d) Meter Installation Charge $ 37,239.66 ***
(e) Plan Review Fee $ 1,617.00
(f) Inspection Fee $ 3,307.35
(g) Recording Fee $ 150.00
Total $ 407,440 75
* Includes 74.00 ERCs for water and wastewater for the townhomes and 2.50 ERCs for
reclaimed irrigation water service for the Property based on 586.96 AGPD,all in accordance
with Utility's Rate Resolution.
** - See Paragraph 43 for explanation of charges.
*** - Includes one hundred and six(106) 5/8 x3/4-inch potable water meters for the townhomes
and one 3-inch reclaimed water meter for irrigation (does not include meter boxes).
Note: Items (e) and (f) are estimates and are subject to adjustment based on actual cost incurred.
-3-
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise, are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
to 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.
If Developer defaults under this Agreement and such default continues for thirty (30) days after
Utility delivers to Developer written notice and demand for cure, then Utility shall have the right and
obligation, at the Developer's expense, to construct and/or approve the construction of the on-site
installations which shall be owned and maintained by Utility, if so designated by Utility. The Utility shall
also have the right to review all plans and specifications,connections to its system and the Developer shall
pay a fee equal to the Utility's actual cost to review such plans and specifications. The Utility shall have the
right to inspect all phases of construction undertaken by outside contractors for facilities which are to be
owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs for
such inspection, including all overhead associated with same. Where on-site temporary pump stations or
backflow prevention devices are required, they shall he 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 water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water,
reclaimed water,and wastewater systems for the project. The proposed electrical transformer layout of the
electric utility providing service must be provided to the Utility prior to commencement of construction.
-4-
Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all 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:
to (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.
-5-
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. 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.Notwithstanding
anything contained in this Agreement to the contrary,Utility and Developer acknowledge that the necessary
Off-Site Facilities will be constructed by Armstrong Development, Inc.,pursuant to a separate agreement
with Utility, and that Utility and Developer have no responsibility therefor.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility,and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and ,
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property, that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities
having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions
in service as a result of equipment failure, emergencies or Act of God.
to
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 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.
-6-
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.
to 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 of Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property. However, all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
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 21/22-05
(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 or Lessor 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 or Lessor 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. 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.
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 (email), and if to
Developer, shall be mailed or delivered to Developer at:
Kindlewood Investors,LLC
Attn.: Rick Wood
414 Old Hard Road, Suite 502
Fleming Island, FL 32003
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
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
to 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 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,wastewater and
reclaimed water systems.
L
-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.
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.
to 25. Failure to insist upon strict compliance of any of the terms, covenants,or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right
or power at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water,wastewater,and reclaimed water 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 to provide acceptable as-built drawings of the potable
water , wastewater, and reclaimed 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,who utilize the
project's water,wastewater, and reclaimed services within Developer's project,to apply to Utility for service
after the installation of the water,wastewater,and reclaimed utilities have been completed and accepted by
Utility. Upon completion of application for water,wastewater, and reclaimed 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.
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water,wastewater or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water,
wastewater, and reclaimed water facilities that Utility agrees to own and maintain, and Developer shall be
responsible for providing the legal description for such easement to Utility.
33. The landscaping for this project(new or existing)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 to
be owned by Utility.
to
34. Connection to Utility's existing 8-inch water main and the existing 12-inch reclaimed water
main and the construction of the water and reclaimed water services from the mains to the meter locations,
shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all
requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and
maintain the tap through the meters, and all facilities downstream of the meters shall be owned and
maintained by Developer. Utility shall have access to all water meters during normal business hours, for
meter reading purposes.
35. Utility requires verification that each townhome unit is connected to the proper meter, and
that no outside hose bibbs, that may be used by other tenants, are connected to the same meter as an
individual townhome unit. Developer shall require their contractor to assist Utility in gaining access to each
townhome unit in order to conduct this investigation as the meters are installed.
36. All wastewater mains 8-inch and larger in size,terminating by a manhole,and all wastewater
mains 8-inch and larger in size that that are stubbed for future extensions, as shown on the plans prepared by
Taylor&white, Inc., Job Number 21035, 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. 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.
-10-
37. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain storm water shall not connect to Utility's wastewater system.
38. 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. 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. No wells shall be permitted within or upon the Property for any reason.
40. Developer shall be required 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"C", and shall require that this system 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 system, and all parcels lying within the Property are hereby so restricted.
41. 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.
42. The charges shown on page 2,paragraph 4(a)through(g)of this Agreement,are to assess the
charges for Kindlewood Townhomes,as shown on the plans prepared by Taylor&White, Inc. (see Exhibit
to "B"),and do not include any other developments(future additions,buildings and/or out parcel projects,etc.)
that are planned for this Property.
43. The charges shown in paragraph 4(b), "Main Extension Charge — Water" and "Main
Extension Charge —Wastewater" in the amount of$53,985.22, of this Agreement, are refundable to the
Utility and the previous Developer,who previously paid for the water and wastewater main extensions along
Kindlewood Drive and Branan Field Road.
44. The construction of this project will not commence until Utility is in receipt of an executed
Agreement,the charges due from Developer stated herein are paid,and all permits and easements have been
received.
45. This Agreement will need to be executed by Developer and the charges paid(shown on page
2 of Agreement),prior to October 1,2023,and the construction of the utilities shall be commenced prior to
October 1, 2023, 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, 2023; and this Agreement is subject to any material cost increases which
Utility may experience after October I, 2023.
[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:
KINDLEWOOD INVESTORS,LLC,
a Florida limited liability company,
Witness: By: /CnG� I/(/G (Seal)
Print Name:sandra Spence Rick Wood, President
Witness:
Print Name: Dolores C tMcNeal
STATE OF /lam
COUNTY OF
The foregoing instrument was acknowledged before me by means of L>7"physical presence or U online
notarization this _day of n00540'2022,by RICK WOOD,as PRESIDENT of KINDLEWOOD
INVESTORS, LLC, a Florida limited liability company, who is personally known to me or has produced
• as identification.
to
`o.'rbE SANDRA SPENCER
...Wm &GG 298173 Print Name: Sandra Spencer
Expires June 4,2023 70t9 Notary Public
-o?- Troy Fein Mcrae
C00 � �-/,��,�, „ n� g
.,OFF, Bonded r State of r-b leea at Large
My Commission Expires •(f•02-
WITNESSES: -12-
UTILITY:
CLAY COUNTY UTILITY AUTHORITY
W
`Witness: «`v- M• tiC By:
Print Na e- jgC1 M.Gifts remK hnst n, P.E., M.B.A.
Executt. ' ecto
•
�,1 (Corporate Seal)
Witness: ; `alri h
Print Nam`Summer P. Bern•t
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of I l physical presence or online
notarization this 3 day of t 1N Jerrt $ 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me.
cc--serrecU 9'ill►
V•1.
°4 Notary Puouc state or Florida Print Name: Summer '. :ern.
Summer P E Berndt
t0 Mry Commission GG 950878 Notary Publicyam Expires 01Izsn024 State of Florida at Large
My Commission Expires: 1 t taro/A
KINDLEWOOD TOWNHOMES
106 TOWNHOMES •
Parcel No. 17-04-25-007949-000-00
Official Records Book 4642, Page 1923,Public Records, Clay County,Florida
•
EXHIBIT"A"
A tract of land being that certain property as described in Official Records Book 4347,page 129 of the Public
Records of Clay County,Florida and being more particularly described as follows:
Commence at the Northwest comer of said Section 17;thence S00°06'I7"W,along the West line of said Section
17,for 1372.39 foot;thence S88°26'33"E,leaving said West line,for 3340.75 feet to the POINT OF
BEGINNING of the parcel described herein;
Thence continue S88 Degrees 26'33"E,for 668.50 feet to the point of intersection with the East line of the West
112 of the East 1/2 of said Section 17; thence SOO Degrees 27157"W,along said East line,for 2012.52 feet to a
concrete monument at the Southeast corner of the North 112 of the Northwest 1/4 of the Southeast 1/4 of said
Section 17;thence N88 Degrees 50'53"W,along the South lam of the North 114 of the South 1/2 of said Section.
17,for655.46 feet to the Southeast corner of Tract"1-1",according to the plat ofKindletwood Phase 1-A,as
recorded in Mattock 53,pages 9 through 14 of the Public Records of Clay County,Florida;thence 1100
17egrees 05!52"E,along the East line of said plat,far'2017.45 feet to the POINT OF BEGINNING of the parcel
herein described.
Containing 30.62 acres,more or less,
Said lands situated,lying and being in Clay County,Florida.
to
The North 30-feet of said parcel being subject to an easement and right-of-way for a roadway for public use
generally.
Being the same land as:
To that certain tract of land,a portion of Section 17,Township 4,South Range 25 East,situate,lying and being
in the County of Clay,in the State of Florida,and more particularly described as follows,to-wit;for point of
reference,commence at a concrete monument set at the corner common to Sections 7,8,17 and 18,in said
Township,and run South 0 Degrees 5 Minutes 33Seconds West,along the line dividing Sections 17 and 18,a
distance of 1,372.39 feet to a point;nut thence South 88 Degrees 27 Minutes 20 Seconds East,a distance of
3,340.75 feet to a point for point of beginning of the property hereby conveyed;fom said point of beginning
thus described,continue South 88 Degrees 27 Minutes 20 Seconds East a distance of 668.15 feet ton point in
the East boundary of the West half(W 1/2)of the East(E 1/2)of said Section 17,run thence South 0 Degrees
27 Minutes 50 Seconds West,along said last mentioned boundary,2,013.22 feet to a concrete monument set at
the southeast comer of the North half(N 1/2)of the Northwest Quarter(NW 1/4)of the Southeast Quarter(SE
1/4)of said Section 17;tun thence North 88 Degrees 48 Minutes 4 Seconds West,along the southerly boundary
of the North quarter(N 114)of the South half(S 1/2)ofsaid Section 17,a distance of 655.45 feet to a two inch
iron pipe;run thence North°Degrees 5 Minutes 30 Seconds East parallel with the line dividing Sections 17 and
18,aforementioned,2,017,59 feet to the point of beginning.The North 30 foot of said parcel being subject to an
Casement and right-of-way for roadway for public use generally.All bearings used in the foregoing
description refer to the Grid Lines of the Florida States Coordinate System.
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Kindlewood Townhome Development
Engineer: D. Glynn Taylor, P.E.
Taylor& White, Inc.
9556 Historic Kings Road South, Suite 102
Jacksonville, Florida 32257
Project No.: 21035
Date: February 2022
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
1 Cover 07/18/2022
2 Standard Construction Notes,Legend and Abbreviations 07/18/2022
3 Clay County General Notes 07/18/2022
4 Pre Development Drainage Map 07/18/2022
5 Post Development Drainage Map 07/18/2022
6 Erosion and Sediment Control Plan 07/18/2022
7 Erosion and Sediment control Details & Storm Water Pollution Prevention Plan 07/18/2022
to
8-9 Geometry Plan 07/18/2022
10-11 Paving and Drainage Plan 07/18/2022
12-13 Paving and Drainage Details 07/18/2022
14 Maintenance of Traffic Plan 07/18/2022
15 Overall Water and Sewer Plan 07/18/2022
15A Key Map 07/18/2022
16-22 Plan and Profiles 07/18/2022
23-31 Water&Sewer Details 07/18/2022
32 Sleeving Plan 07/18/2022
i
EXHIBIT"C"
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
(FQD) agreements,which are not required by said agreement to install residential
to reuse and who do not volunteer to provide residential reuse piping systems.
2. ' Developments which, as of the date of enactment of this policy, own and maintain
their own reuse pumping plant and purchase bulk service from the CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998, at a
prior approved rate and still have an inventory of prepaid connections, shall be
exempt until such prepaid connections are used up.
4. Developments and/or communities that own, operate and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water
When it is Available-All developments occurring 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 of Criteria 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.
EXHIBIT "C"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System -All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
to irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA,naming the CCUA as an 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 of Reuse 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.
PM PH
�'p. r. �� .^ ✓ q S•M N
M
KMdr - , IA
uJ~ W t��i F
J
—fM -- • , ' .` _-, ►yam S
_C li, -ANN " K DLEWOOD DR x -
.• • ,it— ,.4
•
fMM �� I'M
-,4
• M
pi/Li,
'
IM M�MI MI I..-c!., 1
M♦M �IM J
l tM I u
♦m i M
r M k1_
FRONT' IRCH I I 'I=4: o
II ��.� • Kindlewood Townhomes —
►
I j
�LM M ,I M
OM
OW
Mil VM Q I Ma
• M it III
M
Mir., ,:r,M
Mi t-, My 1 PSG 157
C.,. .
1-
Mt•%•
I.141•I
I
//
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.
cPNi CODA, Title:
_._ ` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
�I Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
G 'a Phone 904 272 5999 ill■ Gravity Sewer Features
t11/3/2022,3:34:02 PM i` Conservation.Commitment.Community Forced Sewer Features
�TYAUTN� 1 inch = 300 feet - Reclaimed Features