HomeMy WebLinkAboutDA SS22.23-2 - McDonald's 821 Canaveral Trace Record&Return to: - -
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
SS22/23-2
MCDONALD'S RESTAURANT
821 CANAVERAL TRACE
Parcel.ID No: 18-04-25-007953-100-00 (Spencer System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT, made and entered into this 1 day of C.VA'
2022, by and between MCDONALD'S USA, LLC., a Delaware 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 potable water,pumping,treatment and
a distribution service; central wastewater collection, treatment and disposal service; and central reclaimed
a) water service for the Property;
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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 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 the Property.
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(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 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
and water distribution systems, where applicable, and further to induce Utility to provide water and
wastewater service,Developer hereby agrees to pay to Utility the following fees and charges,as defined in
the Rate Resolution(including Service Availability Policy), upon execution of this Agreement in order to
reserve capacity in the System:
to (a) Water Capacity Charge:
($360.00 x 3.50 ERCs) $ 1,260.00 *
Alternative Water Supply Surcharge:
($365.74 x 3.50 ERCs) $ 1,280.09 *
SJWMD Black Creek Water Resource Charge:
($100.25 x 3.50 ERCs) $ 350.88 *
Wastewater Capacity Charge:
($3,200.00 x 3.50 ERCs) $ 11,200.00 *
Reclaimed Water Capacity Charge:
($300.00 x 7.00 ERCs) $ 2,100.00 *
(b) Debt Service Charge:
($167.00 x 3.50 ERCs) $ 584.50
(c) Main Extension Charge-Potable 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 $ 1,441.63 **
(f) Plan Review Fee $ 346.50
(g) Inspection Fee $ 507.71
(h) Recording Fee $ 150.50 /
Total $ 19,221.89
* - Includes 3.50 ERCs for water and wastewater, based on a restaurant having 60 seats, 7.00
ERCs for reclaimed irrigation water service, based, on 1,923.57 AGPD, all in accordance
with Utility's current Rate Resolution.
** - Includes one 1 1/2-inch potable water meter for the building and one 1-inch reclaimed
irrigation meter for irrigation water service (does not include meter boxes).
Note: Items (f) and (g)are estimates and are subject to adjustment based on actual cost incurred.
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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 notbe 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
to 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
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all potable water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water,
reclaimed water,and wastewater systems for the project. The proposed electrical transformer layout of the
electric utility providing service must be provided to the Utility prior to commencement of construction.
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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 oftwo(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.
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(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.
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The costs associated with construction of over-sized facilities which provide Utility with excess
capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to
Utility's Service Availability Policy. The same construction standards,warranty requirements,maintenance
bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as provided under
paragraph 5. of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility,and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities
having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions
in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5,6,and 7,hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
to (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.
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.
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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
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. Effluent Disposal Obligation - As further consideration for this Agreement, Utility may
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate agreement will be entered into for such purpose,
and unless and until suchseparate agreement shall be entered into, Developer shall have no obligation to
take back any treated effluent or to provide for such wet weather storage of effluent on the Property.
14. 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.
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15. 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.
16. 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:
McDonald's USA, LLC
110 North Carpenter Street
Chicago, IL 60607-2I01
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.
17. 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.
18. 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.
19. 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.
20. 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.
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MISCELLANEOUS PROVISIONS
2l. 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.
22. 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.
23. 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.
24. 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.
25. The submission of this Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility and Developer.
to 26. 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.
27. 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.
28. 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.
29. 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.
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30. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water, reclaimed water, and wastewater 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. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water,wastewater and reclaimed water service within Developer's project,to apply to Utility for
service after the installation of the water and wastewater utilities have been completed and accepted by
Utility. Upon completion of application for water and wastewater service and payment of the appropriate
charges set forth in Utility's then current applicable Rate Resolution, including any security deposits
required, service will be initiated to customers within Developer's Property.
32. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water,wastewater and reclaimed facilities for the project covered by this Agreement.
33. Developer shall grant an easement to Utility covering any portion of the potable water and
wastewater and reclaimed facilities that Utility agrees to own and maintain, and Developer shall be
to responsible for providing the legal description for such easement to Utility.
34. 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 water, wastewater, and/or reclaimed water mains to be
owned by Utility.
35. Developer shall install or have installed,a reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's one 1-inch potable water meter for the building,
which is proposed to service Developer's facilities and such installation shall be in compliance with the
requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the
completion of the installation of said device,Developer shall provide to Utility for its permanent records the
Make, Model, Size and Serial Number of said device. Furthermore, this device must be tested and
recertified by a certified backflow preventer technician annually or such other period as may be required by
Utility. Proof of the annual testing and recertifications must be submitted to Utility for its records. These
installations and annual recertifications shall be the responsibility of the Developer, or its successors and
assigns.
36. The tap of the existing 10-inch water main, connection to Utility's system, and the
construction of the water service from the main to the meter location,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 the tap through the meter
and all facilities downstream of the meter shall be owned and maintained by Developer.
37. Developer's wastewater facilities shall connect to the existing 8-inch wastewater stub already
provided for the Property,and that Developer shall own and maintain all wastewater facilities upstream of
those connection points. All service lateral lines servicing Developer's Property,which are located upstream
of such facilities shall be Developer's responsibility for ownership and maintenance.
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38. Developer shall install or have installed a grease/sand interceptors for each building,meeting
the requirements of the Clay County Department of Health & Rehabilitative Services and the Florida
Building Code,which shall be designed and constructed in accordance with Utility's specifications for same.
Such installation shall be provided by a Florida Licensed Plumbing Contractor. The grease/sand interceptor
shall be designed for the facilities connected to same,however,in no event shall be the capacity be less than
3,000 gallons. Developer shall also be responsible for the continued maintenance and cleaning of said
grease/sand interceptor,and such interceptor shall be subject to periodic unannounced inspections by Utility.
39. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain in the facility, in accordance with Utility's requirements for same. Developer
shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors,and such
interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff
shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors.
40. 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.
41. Developer's reclaimed facilities shall connect to the existing 3-inch reclaimed stub,and such
facilities downstream of the downstream side of the reclaimed water meter shall be owned and maintained
by Developer. Utility shall have access to the reclaimed water meter during normal business hours, for
meter reading purposes.
to 42. The reclaimed water system,for irrigation water service for the project,shall not be installed
near any picnic areas; and all irrigation spray heads shall be positioned to keep the reclaimed water from
spraying on these areas.
43. Developer shall be required to install an on-site irrigation system in full compliance with the
Clay County Utility Authority's Applicable Excerpts from Clay County Utility Authority's Reclaimed Water
Policy(see Exhibit "C" attached hereto)and shall operate and maintain the system in accordance with the
rules and regulations of Utility,as well as all governmental agencies having jurisdiction over such reclaimed
water system.
44. 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.
45. 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.
46. No wells shall be permitted within or upon the Property for any reason.
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47. All water,wastewater and reclaimed water installations/connections shall be in accordance
with the plans prepared by Integrity Engineering&Development Services,Inc.,Project No.MCD-21045,as
described in Exhibit"B", or as modified in a manner acceptable to Utility.
48. This Agreement does not include any other developments(future additions and/or buildings)
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.
49. The construction of this project will not commence until receipt by Utility of all necessary
permits and easements, and this Agreement is executed and the charges stated herein are paid.
50. This Agreement will need to be executed by Developer,and the charges paid(shown on page
2, of agreement), prior to October 1, 2022, and the construction of the utilities 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
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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:
MCDONALD'S USA, LLC,
a Delaware limited liability company
Witness: ct0Jank. By. (i(/A/1", (Seal)
Print Name: LaUSe
Witness: LW g-l-P
Print Name: --a urq R.€1z(
STATE OF Illinois
COUNTY OF Coo yc
The foregoing instrument was acknowledged before me by means of Iihysical presence or❑online
notarization this 2. day of /Vo V e mber 2022, by pie 1 re ))k r as, J'eni DID Cw v ' J of
to MCDONALD'S USA,LLC,a Delaware limited liability company,who is personally known to me a or has
produced , as identification.
OFFICIAL SEAL
ELIZABETH JANE WILSON I Prin ame: E j17Q b,m Jane dvi(�oyj
I NOTARY PUBLIC,STATE OF ILLINOIS I Notary Public
I My Commission State of.i I l i 4 D 1 S. at Large
My Commission Expires:-.1A-0 f2
-13-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
C
Witness: ;�•10b By: • . -'r --
Gibbs
Print Nam {ilea i`y1. G i b bS rep D ohns,on, P.E.,M.B.A.
e.. •irec •r
l%)YYrn4.CQ" _ (Corporate Seal)
Witness:
Print Name: Summer P. Berndt
STATE OF.FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of E hysical presence or❑online
notarization this NIL day of tlOdernber , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me.
to AVOTY0Ajlik i� P:Notary PilbNc State of F1oriQe �� -
jorN. summer P E eemet Print Name: Summer -. = -mdt
My Commission GG 950878•
'►er o Expires 01128/2o24 Notary Public
State of Florida at Large
My Commission Expires: O(/6RlO
MCDONALD'S RESTAURANT
821 CANAVERAL TRACE
Parcel Number: 18-04-25-007953-100-00
Official Records Book 4648, page 1219, Clay County, Florida
EXHIBIT "A"
A parcel of land situated in Lot 4, Armstrong Plat,Clay County,Florida,according to plat thereof
recorded in Plat Book 59, pages 34 through 38 of the public records of said county, said parcel
being more particularly described as follows:
Begin at the northeast corner of said Lot 4; thence on the north line thereof, South 87 degrees 38
minutes 38 seconds West, 415.87 feet; thence South 00 degrees 05 minutes 31 seconds West,
249.69 feet; thence North 87 degrees 38 minutes 38 seconds East. 56.72 feet; thence South 89
degrees 54 minutes 26 seconds East, 372.86 feet to the east line of said Lot 4; thence on said cast
line,North 00 degrees 05 minutes 03 seconds Fast, 119.53 feet; thence continue on said east line,
North 89 degrees 54 minutes 50 seconds West, 14.00 feet; thence continue on said east line.North
00 degrees 05 minutes 03 seconds East, 145.51 feet to the point of beginning; being 2.48 acres,
more or less, in area.
to BEING the same property conveyed to Armstrong Development, Inc.,a Virginia corporation d/bia
Armstrong Development Florida, Inc. in the State of Florida, by Corporate Warranty Deed from
Armstrong Venture; L.L.G., a Florida limited liability company, dated July 6, 2020, recorded in
Book 4332. Page 449 of the aforesaid Official Records.
XASerice A.ti4ti6q•De-elope Agnew.%You pile be.bpee Ayala nrelwn,boole,ad1eftsnse o a1<.n w mmJms doe
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: McDonald's Restaurant—821 Canaveral Trace
Engineer: Daniel W.Hoge, P.E.
Integrity Engineering& Development Services, Inc.
3615 Braselton Highway, Suite 201
Dacula, Georgia 30019
Job Number: MCD-21045
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
1 Cover Sheet 08/23/2022
2-3 Survey 08/23/2022
4 Erosion and Sediment Control Plan 08/23/2022
5 Erosion Details 08/23/2022
6 Demolition Plan 08/23/2022
to 7 Site Plan 08/23/2022
8 Dimension Plan 08/23/2022
9 Utility Plan 08/23/2022
10 Grading Plan 08/23/2022
11 ADA Accessibility Plan 08/23/2022
12 Drive Thru Layout 08/23/2022
13 Storm & Sanitary Sewer Pipe Profiles 08/23/2022
14 ADA Details 08/23/2022
15 Drive Thru Details 08/23/2022
16 Site Details 08/23/2022
17-23 Utility Details 08/23/2022
24 Lighting Plan 08/23/2022
L-1-L6 Landscape Plans&Details 08/23/2022
L-7-L-9 Irrigation Plan,Notes& Details 08/23/2022
S-1.0 General Notes 08/23/2022
S3.0-S3.1 Foundation Sections 08/23/2022
r X.hSm.:x A.m1 MUndgec AamcmW\lyy.iAlA+dopn A,rtcm<nW81oMmBwMvJAG0.msJonalA.fl c»mmisamyedw ,
I.
EXHIBIT "C"
REUSE POLICY
Page 1 of 3
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
to 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 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.
EXHIBIT "C"
REUSE POLICY
Page 2 of 3
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.
(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
to 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
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.
EXHIBIT "C"
REUSE POLICY
Page 3 of 3
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.
Charges for Service Availability -Charges and credits applicable to Service Availability after the effective
date of this policy shall be as follows(excludes existing charges that did not change and are not needed for
clarification purposes):
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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
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.
II 1 1.-
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0 CO(fN Title:
___ Clay County Utility Authority CCUA Web Map
i- 3176 Old Jennings Road Info:
'r� Middleburg, Florida 32068-3907 Water Features
g+ Prepared by CCUAGIS Portal
/.`� Phone(904)272-5999tt� Gravity Sewer Features
71/15I2022,9:57:17 AM�� Conservation.Commitment.Community = Forced Sewer Features
4l'AUTV% 1 inch = 100 feet - Reclaimed Features