HomeMy WebLinkAboutDA KH22.23-3 - 7504 Lonesome Dove Place Record&Return to: KH22/23-3
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
WATER SERVICE TO
7504 LONESOME DOVE PLACE
Parcel No. 20-08-23-002167-004-01 (Keystone System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this °)W' day of
14/1,sc yAlor,2022,by and between ENI,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");
03 WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal service for the Property;
ca
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement
L central water and wastewater service to the Property and thereafter operate applicable facilities so that the
occupants of the improvements on the Property will receive adequate water and wastewater 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 water and/or wastewater 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) "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 water ERC is(450)GPD and one wastewater
ERC is(311)GPD.
-2-
(c) "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 in an easement at the lot or property line. Utility shall,according to the terns
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.
(d) "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 Deeds regarding the ownership
of property or legal rights,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:
(a) Water Capacity Charge:
($360.00 x 1.0 ERCs) $ 360.00
Alternative Water Supply Surcharge:
to ($376.71 x 1.0 ERCs) $ 376.71
SJRWMD Black Creek Charge:
($108.77 x 1.0 ERCs) $ 108.77
Wastewater Capacity Charge:
($3,200.00 x 0.0 ERCs) $ N/A
Environmental Impact Charge:
($410.00 x 0.0 ERC) $ N/A
(b) Debt Service Charge:
($149.00 x 1.0 ERCs) $ 149.00
(c) Customer Connection Charge(Tap-in) -Water $ 4,170.81 *
Customer Connection Charge(Tap-in) - Wastewater $ N/A
(d) Main Extension Charge- Water $ 892.32 **
Main Extension Charge-Wastewater $ N/A
(e) Meter Installation Charge $ 433.39 ***
(f) Plan Review Fee $ 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee $ 125.00 sr
Total $ 6,693.00
* -See paragraph 31 for explanation of charge
** -See paragraph 32 for explanation of charge.
*** -Includes one 5/8-inch x 3/4-inch potable water meter installation with meter box.
Note: Item (c) is subject to increase for any material price increases incurred by Utility for this
project. Items (f) and(g) are estimates and are subject to adjustment based on actual cost
incurred.
-3-
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the 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, arc 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. Agreement to Serve-Utility agrees that once it provides water and 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 acts of God.
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
to 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.
7. 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.
8. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
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.
9. 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.
P
•
-4-
10. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance
with the requirements of the Utility. Should any non-domestic wastes, grease or oils, including, but not
limited to, floor wax, paint, chlorides, or salt water or any substances and materials which contain any
hazardous,flammable,toxic and/or industrial constituents,be directly delivered by Developer to the lines,of
the Utility, Developer will be responsible for payment of the cost and expense required in correcting or
repairing any resulting damage to the system or property of third parties.
In the event Utility determines that the Property to be served poses a threat of introducing chlorides,
salt water, or similar constituents into the collection or transmission system at levels determined by the
Utility to be harmful to the wastewater system,including,but not limited to,the system's ability to provide
effluent meeting reuse standards as an irrigation supply source, the Utility has the right, in its reasonable
discretion,to decline or discontinue service to such property or customer and to require such pretreatment or
other measures as are necessary to protect the integrity of Utility's system and the ability to serve its
members.
11. 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.
to
12. 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:
ENI,LLC
do Niya Dix
3720 NW 43rd Street, Suite 105
Gainesville,Florida 32606
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.
13. 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.
14. 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.
r
-5-
15. 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.
16. 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 wastewater and water
distribution system.
MISCELLANEOUS PROVISIONS
17. 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.
18. 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
to be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
and duly signed.
19. 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.
20. 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.
21. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
22. 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 shaII 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.
23. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
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.
24. 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.
r
-6-
25. 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.
26. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's water and wastewater 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.
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's water and/or wastewater facilities for the project covered by this Agreement.
28. Developer shall grant an easement to Utility covering any portion of the water and/or
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility. In addition,this Agreement is contingent upon
o the execution of the Grant of Easement document.
29. The landscaping(new or existing)for this project shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.)of the water and/or wastewater main to be owned by Utility.
30. This Agreement is for water service only and all references to wastewater service in this
standard Agreement shall not apply.
31. The charge shown in paragraph 4(c), "Customer Connection Charge(Tap-in)—Water",of
this Agreement,includes the construction necessary(through the curb stop)to accommodate one 5/8-inch x
3/4-inch potable water meter installation,terminating in an easement at or near Developer's Property line,
where Developer will make the connection.
32. The charge shown in paragraph 4(d),"Main Extension Charge—Water,"of this Agreement,
in the amount of$892.32,is refundable to the Utility,which previously paid for the water main extension
along Lonesome Dove Place.
33. The Utility shall own and maintain all facilities upstream of the downstream side of the
potable water meter,and all facilities downstream of the downstream side of the potable water meter shall be
owned and maintained by Developer. Utility shall have access to the water meter for meter reading and
maintenance purposes.
34. This Agreement does not include any other developments(future additions)that are planned
for these properties. A separate agreement will be prepared for the additional requirements of each future
development on the properties when such developments are initiated.
-7-
35. The Developer will be responsible for all site clearing prior to installation and any site
restoration,within the property,upon completion of the project.
36. It shall be the Developer's responsibility to notify the Utility and install or have installed an
approved lead-free backflow prevention assembly immediately downstream of Utility's 3/4-inch potable
water meter, should there be an alternative water source on the Property.
37. The construction of this project will not commence until receipt of all permits, easements,
and this Agreement are executed and the charges stated herein are paid.
38. This Agreement will need to be executed by Developer,and the charges paid(shown on page
2 of Agreement),prior to October 1, 2023, or this Agreement will be subject to any Service Availability
charge increases 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 1, 2023.
[Signatures Begin Next Page]
to
r
-8-
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:
ENI, LLC,
a Florida limited liabili company
Witness:
Seal V B
Y ( )
Print Name: Niya C. Dix,Manager
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF A\�,Cn�
The foregoing instrument was a knowledged before me by means of 0 physical presence or ❑
online notarization, this cl'e= day of N 1N V✓ ,2022,NIYA C.DIX,as MANAGER of ENI,LLC,a
Florida limited liability company, who is perso y.k._nown to me or has produced
to , as identification.
Florida
Public Sta to of Print N me: }-�r1ack.
,„ Notary nda Ton Notary Public in and for the
gj112o25 County and State Aforesaid
s,,taP- ExP My Commission Expires:
-9-
WITNESSES: UTILITY:
CLAY COUNTY UTILIT . HORITY
M�.�� '
Witness:. AL I _HI • gm � ►1fr�r.V By: Aiiir i►`
Print Names Summer P. :emdt -re,' MI—on, .E., M.B.A.
x, u tr.lo irector
Vr
v
Witness:`
4-: .k-C
Print Nam % CGibbs (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or 0
online notarization,this IF day of QPC_erni p( , 2022, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
/I 10 'F%711h
Notary Public Stan d Florida l� /]tLL/ l-��J�/I4
le SummerliEBerndt Print ',amc: ummer -. _ f ' •My Commission GG e50878• Notary Public in and for the
Expires 01/28/2024
County and State Aforesaid
My Commission Expires: 01 tab/ay
to
WATER SERVICE TO
7504 LONESOME DOVE PLACE
Parcel No. 20-08-23-002167-004-01
Official Records Book 4554, Pages 874-877, Clay County, Florida
EXHIBIT "A"
Lot 1
A parcel of land situated in the North 2/3 of the Southeast 1/4 of the Northwest 1/4 of Section 20,
Township 8 South,Range 23 East,Clay County, Florida; said parcel being more particularly .
described as follows;
Commence at the Southeast Corner of said North 2/3 and run N 00 deg 32 min 38 sec W,along the
East line of the Northwest 1/4 of said Section 20 a distance of 881.84 feet to the North line of said
North 2/3; thence run N 89 deg 50 min 48 sec W,along said North line a distance of 210.00 feet to
the POINT OF BEGINNING; thence continue N 89 deg 50 min 48 sec W,along said North line a
distance of 130.00 feet; thence run S 00 deg 32 min 38 sec W,220.37 feet to the centerline of a 60
foot easement for utilities and general road purposes; thence run S 89 deg 45 min 09 sec E,along
said centerline a distance of 130.00 feet; thence run N 00 deg 32 min 38 sec W,220.59 feet to the
Point of Beginning.
to
SUBJECT TO an easement for Utilities and General Road Purposes across the South 30 feet therof.
AND TOGETHER WITH AND SUBJECT TO easements granted and reserved in instrument
recorded in Official Records Book 843, page 65 et seq.,of the public records of Clay County,
Florida.
x,Service Ave lanl4y'1Developer Agreement Master FIe1Deve1oper Agreements4Ney.tone HeIghtsWGR 7504 Lonesome Dove PI EN1 LLC.SPB.SFR.WATERONLY doc
N
W �t
/
7178
•
- -- -
7182
7503
118E
Extend and Install
standard Potable Water
Service
to •
719(
a
IiI
0
UJ
L 11g
0
uI
�j
J
r--I
— •
Y
I o
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.
1 I I
C
COUA,T Title:
Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road Info:
Middleburg, Florida 32068-3907 — Water Features
G g+ Prepared by CCUAGIS Portal
.t Phone(904)2725999 GravitySewer Features
11/14/2022,12:47:29 PMConservation.Commitment.Commundy Forced Sewer Features
YAUTHO 1 inch = 100 feet - Reclaimed Features