HomeMy WebLinkAboutDA CU22.23-7 - Ascend Branan Field Village Apartments Return to:
Clay County Utility Authority CU22/23- /
3176 Old Jennings Road
Middleburg,Florida 32068-3907
ASCEND BRANAN FIELD VILLAGE
APARTMENTS—300 UNITS
1637 ASCEND VILLAGE LANE
Parcel Number:32-04-25-008102-014-00 (Clay Utility System)
Clay County
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this talll day
of March , 2023, by and between DHIC — BRANAN FIELD, 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 water, pumping, treatment and
distribution service and/or central wastewater collection, treatment and disposal, and central reclaimed
cts water service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,
+05 central 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 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 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) (JPD, 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 it 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 131.50 ERCs) $ 47,340.00 *
Alternative Water Supply Surcharge:
to ($376.71 x 131.50 ERCs) $ 49,537.37 *
SJWMD Black Creek Water Resource Charge:
y ($108.77 x 131.50 ERCs) $ 14,303.26 *
Wastewater Capacity Charge:
($3,200.00 x 130.50 ERCs) $417,600.00 *
Reclaimed Water Capacity Charge:
($300.00 x 200.00ERCs) $ 6,000.00 *
Debt Service Charge:
($149.00 x 130.50 ERCs) $ 19,444.50
(b) Main Extension Charge Water $ N/A
Main Extension Charge- Wastewater $ 74,391.53 **
Main Extension Charge- Reclaimed $ N/A
(c) Fire Protection Charge $ 15,810.00 ***
d) Potable Meter Charge $ 7,536.03 ****
Reclaimed Meter Charge $ 1,328.62 ****
e) Plan Review Fee $ 1,694.00
f) Inspection Fee $ 3,469.92
g) Recording Fee $ 150.00
Total $ 658,605.23
* - Includes 131.50 ERCs for water and 130.50 ERCs for wastewater based on 300 units: and
fixture unit count for the club house and pool cabana, includes 20.00 ERCs for reclaimed
irrigation water service for the Property(based on 5,365.83 AGPD),all in accordance with
Utility's Rate Resolution.
** See paragraph 45 for explanation of charge.
*** - Based on 1,000 GPM of internal fire flow @$15.81 per gallon.
**** - Includes one 8-inch potable water meter for the buildmg(s)and one 2-inch reclaimed water
meter for irrigation (Does not include meter boxes). The 8-inch potable water meter will
be provided by Utility and installed by Developer's State of Florida Licensed Underground
Utility Contractor. The meter installation, including the meter pit, shall be in accordance
with Utility's standard details and specifications.
Note: Items (e) and (f) 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 not be applied to offset any service bill or other claims
of Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or, "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System
is conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System, may lease the On-Site System from Developer, or agree to such
other arrangement as it deems appropriate.
Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve
the 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 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,
wastewater, and reclaimed water 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
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.
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6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system, as determined by Utility. Utility may require Developer to oversize off-
site transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy, as then in effect. The same construction standards, warranty
requirements, maintenance bond requirements, transfer of title by Bill of Sale, and indemnification
requirements, as provided under paragraph 5 of this Agreement, shall also apply to the Off-Site
installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,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 (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,wastewater,and reclaimed water 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.
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The use of casements granted by Developer to Utility shall not preclude the use by other utilities
of these easements, such as for cable television, telephone, electric, or gas utilities. However, the use of
such non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility
hereby agrees that all easement grants will be utilized in accordance with the established and generally
accepted practices of the potable water,,reclaimed water, and wastewater industry with respect to the
installation of all its facilities in any of the easement areas.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or
any residence, building or unit constructed or located thereon, shall not have any right, title, claim or
interest in and to such facilities or any part of them, for any purpose, including the furnishing of potable
water, reclaimed water, and wastewater services to other persons or entities located within or beyond the
limits of the Property.
11. Exclusive Right to Provide Service - Developer shall not engage in the business of
providing potable water services or sanitary wastewater services to the Property during the period of time
Utility provides water and wastewater services to the Property. Utility shall have the sole and exclusive
right and privilege to provide water and wastewater services to the Property and to the occupants of such
residence, building or unit constructed thereon.
12. Rates - Utility agrees that the rates to be charged to Developer and individual consumers
of water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board 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 2021/2022-
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 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.
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, conditioned, or delayed, provided the assignee or transferee
shall acknowledge in writing that it assumes the duties and responsibilities of Developer as set forth in
this Agreement.
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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:
DHIC—Branan Field,LLC
Attn: Jeremy R. Moss
4220 Race Track Road
St. Johns,FL 32259
With a copy to:
DHIC—Branan Field,LLC
Attn: Michael Mulhall
1341 Horton Circle
Arlington, TX 76011
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
to or such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and
it shall be and become effective immediately upon execution by both parties hereto, subject to any
approvals which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees-In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
18. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party, including, but
not limited to 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, pandemic, 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.
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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 Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall
to not be deemed a waiver of such terms, covenants,or conditions, nor shall any waiver or relinquishment of any
right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power
at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water, reclaimed water, and wastewater services to Developer's project. Capacity reserved hereunder
cannot and shall not be assigned by Developer to Third Parties without the written consent of Utility, except
in the case of a bona-fide sale of Developer's Property.
27. Utility shall,as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement, Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction, maintenance, and operation of Utility. The.Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end that
it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to Utility
in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may require the
payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative and contingent
expense.
I
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29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water and wastewater systems installed by Developer or Utility, 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 the 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 wcbsite (www.clayutility.org). It shall be Developer's responsibility to properly
instruct its contractor to contact Utility for an estimate of such charges and clarification of the required as-built
drawing procedures.
30. It shall be Developer's responsibility or Developer's customers' responsibility, utilizing the
project's potable water,reclaimed water, and wastewater service within Developer's project,to apply to Utility
for service after the installation of the potable water, reclaimed water, and wastewater utilities, have been
completed and accepted by Utility. Upon completion of application for potable water, reclaimed water, and
wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate
Resolution, including any security deposits required, service will be initiated to customers within Developer's
Property.
31. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's 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,
° reclaimed water, and wastewater 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.
34. Connection to Utility's existing 12-inch water main, existing 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 of the requirements
of Utility prior to Utility's acceptance for ownership and maintenance. Utility's'ownership ends at the meters
and all facilities downstream of the meters shall be owned and maintained by Developer. Utility must have
access to the meters for meter reading purposes. All fire hydrants within the development are to be owned and
maintained by Developer.
35. Developer shall install or have installed a reduced pressure type backflow prevention device,
which shall be located immediately downstream of Utility's proposed 8-inch potable water meter for the
buildings and the 3/4-inch bypass meter on the 8-inch double-detector check valve for the fire sprinkler system.
Such installations shall be in compliance with the requirements of the Florida Department of Health and
Rehabilitative Services and Utility.Upon the completion of each installation of said device(s),Developer shall
provide to Utility, for its permanent records, the Make, Model, Size and Serial Number of said device(s).
Furthermore, these devices must be tested and recertified by a certified backflow prevention technician
annually or such other period as may be required by Utility. Proof of the annual testing and re-certification
must be submitted to'Utility for its records. These installations and annual re-certifications shall be the
responsibility of the Developer, or its successors and assigns.
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36. Utility agrees to provide minimum fire flows of 1,000 GPM to the point of connection to
Utility's fire main stub, at 20 PSI, subject to acts of God and temporary emergency conditions.
37. Developer shall connect to Utility's existing sanitary sewer manhole as shown on the approved
plans by Adkinson Engineering, PA., as shown in Exhibit `B" attached hereto. The connection to Utility's
system 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 including
from the point of connection westerly to MH-2 and the stub out connection for future development. All mains
and service lateral lines servicing Developer's Property not mentioned above, which are located upstream of
the connection to the existing sanitary sewer manhole, shall be Developer's responsibility for ownership and
maintenance and Utility shall own and maintain all facilities downstream of Developer's connection to the
existing sanitary sewer manhole.
38. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens)
for each floor drain located in any of the common areas of the development, in accordance with Utility's
approved Standard Sewer System Detail (Floor Drain with strainer Detail), as shown in the plans prepared by
Adkinson Engineering, PA. (See Exhibit `B"). 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. Developer shall maintain records of
maintenance and cleaning. Those records shall be made available to the Utility upon request.
39. Air conditioning condensation discharge lines, swimming pool discharge lines, or decorative
to water fountain discharge lines and any other piping that may intentionally or unintentionally drain storm water,
shall not connect to Utility's wastewater system.
40. All potable water, reclaimed, and wastewater installations/connections shall be in accordance
with the plans prepared by Adkinson Engineering,PA, as described in Exhibit"B", or as modified in a manner
acceptable to Utility.
41. Developer shall be required to install all on-site reclaimed systems, as utilized for irrigation in
full compliance with Utility's Reclaimed Water Policy(i.e., "Reuse Policy"), an excerpt, in its current form, is
attached hereto as Exhibit "C". Developer 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.
42. 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.
43. No wells shall be permitted within or upon the Property for any reason.
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.
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45. The charge shown in paragraph 4(b)"Main Extension Charge-Wastewater",of this Agreement,
is Developer's prorata share of the cost for the gravity main and wastewater force main across Old Jennings
Road, installed with the Summerbrook Subdivision development, as well as Developer's prorata share of the
cost to upgrade Lift Station #11 1, which is necessary to accommodate the additional wastewater flow from
this project.
46. The charges shown in paragraph 4 (a) through (g) of this Agreement, are to assess the charges
for Ascend Branan Field Village Apartments as shown on the plans prepared by Adkinson Engineering, PA.,
as shown in Exhibit "B" attached hereto, and does not include any other developments (future additions,
buildings and/or out parcel projects, etc.) that are planned for this Property.
47. 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.
48. This Agreement will need to be executed by Developer, the charges paid (shown 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 1, 2023.
to [Signatures Begin Next Page]
- 12 -
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:
DHIC -BRANAN FIELD,LLC
a Delaware limited liability company,
By: DHI COMMUNITIES II, LLC,
a Delaware limited liability company,
itsM./sip is7 .
Witness: Vr By:.' .4lrii - Sea
l
Print Name: Stidkw...) i y .Moss,Vice President
r
Witness: Lt
Print Name: E ►,2e-uk
STATE OF r1--01C'eic
to COUNTY OF S - 'Sokv-.2
The foregoM instrumenas ackpowledged before me by means of❑x physical presence or El online
notarization,this 6 day of //IitY& , 2023, by JEREMY R.MOSS, VICE PRESIDENT of
DHI COMMUNITIES II, LLC, a Delaware limited liability company, MANAGER of DHIC - BRANAN
FIELD, LLC,a Delaware limited liability company,who is personally known to_r a or has produced_
as identification.
.e.p� BARBARA GRAY TETZEL ��
a .: Print Named jo�.�ln��-t c
�_�� �- Notary:. . ,�„.. ry Public-State of Florida
ii: ,�K commission a HH 212825 Notary Public
A...o� My Comm.Expires Jan 3,2026 State of "EC- - at Large
Borded through National Notary Assn. -
�� My Commission Expires: jay1 ._ 3Y 1—P
n
= 13 -
WITNESSES: UTILITY:
CLAY COUNTY UTIL • THORITY
Witness.' By: �� -.�
Print Na e: it4Q &1Y*S �ry D$ohnston P.E.,M.B.A.
ecutive :' :_ i
1 (Corporate Seal)
Witness: e.! _____i ` _
Print Name: Summer P. Bed"
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
online notarization this (4h day of MQfch , 2023, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally
known to me.
to . a r/1
ors Notary Public State of Florida Print Name:
''�'k4 Summer P. Ber11
_ % y, Summer P E Berndt Y My Commission GG 950878. Notary Public
'�„�ov'. Expires 01/26/2024•f . State of Florida at Large
My Commission Expires: Ot fa(ofa 1
ASCEND BRANAN FIELD VILLAGE APARTMENTS
300 UNITS - 1637 ASCEND VILLAGE LANE
Parcel Identification No. 32-04-25-008102-014-00
Official Records Book 4640, Page 685, Clay County,Florida
EXHIBIT "A"
A PORTION OF THE WEST 112 OF SECTION 32,TOWNSHIP 4 SOUTih,RANGE 25 EAST,CLAY COUNTY,
FLORIDA.ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN EXHIBIT"A"AS RECORDED
IN OFFICIAL RECORDS BOOK 3927,PAGE 949 OF THE PUBLIC RECORDS OF CLAY COUNTY,FLORIDA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE,COMMENCE AT THE INTERSECTION OF THE EAST LINE OF THE WEST
1J2 OF SAID SECTION 32 WITH THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD C-220-A,ALSO
KNOWN AS OLD JENNINGS ROAD,A VARIABLE WIDTH RIGHT-OF-WAY;THENCE SOUTH 00'OT 01"
EAST,ALONG LAST SAID EAST LINE,A DISTANCE OF 20,00 FEET TO THE NORTHEAST CORNER OF
PARCEL 803,AS RECORDED IN OFFICIAL RECORDS BOOK 3348,PAGE 127 OF THE PUBLIC RECORDS
OF SAID COUNTY;THENCE DEPARTING EAST LINE SOUTH 89°35'55"WEST ALONG THE NORTH LINE
OF SAID PARCEL 803,A DISTANCE OF 389.87 FEET;THENCE SOUTH 89'35' 17"WEST ALONG THE
NORTH LINE OF LANDS DESCRIBED IN SAID OFFICIAL RECORDS BOOK 3348,PAGE 127,A DISTANCE
OF 357 38 FEET TO THE NORTHWEST CORNER THEREOF AND THE POINT OF BEGINNING.THENCE
SOUTH 00°60'3b"EAST ALONG THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 3348,PAGE 127,
A DISTANCE OF 164.22 FEET; THENCE SOUTH 41° 00' 46' EAST ALONG THE SOUTHWEST LINE
THEREOF,A DISTANCE OF 131.99 FEET;THENCE NORTH 89°59'20'EAST ALONG THE SOUTH LINE
THEREOF,A DISTANCE OF 81,92 FEET;THENCE ALONG A NORTH AND WEST DIVISION LINE THE
FOLLOWING FOUR(4)COURSES AND DISTANCES;COURSE NO. 1:SOUTH 00°06'52"EAST, 151.82;
COURSE NO.2:SOUTH 45'06'52"EAST,44.70 FEET;COURSE NO.3:SOUTH 00'00'06"EAST,491.64
FEET;COURSE NO.4:SOUTH 34°56'11"EAST,133.29 FEET TO A POINT ON THE NORTH LINE OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 3042. PAGE I;THENCE ALONG THE NORTHERLY AND
WESTERLY LINES OF LAST SAID LANDS, THE FOLLOWING FIVE(5)COURSES AND DISTANCES;
COURSE NO. 1:SOUTH 55°03'49"WEST,769.84 FEET;COURSE NO.2:SOUTH 12°49'56"WEST, 130.68
FEET;COURSE NO.3:SOUTH 54°59'03"WEST,33.22 FEET;COURSE NO.5:SOUTH 25'37'24"EAST,A
DISTANCE OF 374.46 FEET TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 4125, PAGE 1152 OF SAID PUBLIC RECORDS; THENCE SOUTH 55° 03'07" WEST,
ALONG THE NORTHWEST LINE THEREOF,A DISTANCE OF 369.68 FEET TO THE NORTHWEST CORNER
THEREOF, SAID CORNER LYING ON THE NORTHEAST LINE OF THOSE LANDS AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3909,PAGE 18 OF SAID PUBLIC RECORDS,ALSO BEING THE SOUTHWEST
LINE OF SAID LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3927,PAGE 9,19;THENCE ALONG
LAST SAID LINE,THE FOLLOWING TWO(2)COURSES AND DISTANCES:COURSE NO. I:NORTH 34'
50'48"WEST,A DISTANCE OF 134,56 FEET TO HIE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 590.00 FEET.A CENTRAL ANGLE OF 34'10'43",AND
BEING SUBTENDED BY A CI LORD BEARING AND DISTANCE OF NORTH 52°09'06"WEST,346.76 FEET;
COURSE NO.2:THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE.AN ARC LENGTH OF
351.95 FEET;"HENCE NORTH DO'30'37"WEST,DEPARTING LAST SAID LINE,A DISTANCE OF 733,52
FEET;THENCE SOUTH 89"39'18"WEST,A DISTANCE OF 66.74 FEET;THENCE NORTH 50°22'50'WEST,
A DISTANCE OF 155.48 FEET;THENCE NORTH 0D'08'40"EAST,A DISTANCE OF 356.78 FEET:THENCE
NORTH 89'42'03'WEST,A DISTANCE OF 100.68 FEET;THENCE NORTH OW 13'42"WEST,A DISTANCE
OF 366.75 FEET;THENCE NORTH 89"40'01"EAST,A DISTANCE OF 865.19 FEET;THENCE NORTH 44'
53'32"EAST,A DISTANCE OF 36.02 FEET;THENCE NORTH 00'00'00"EAST,A DISTANCE OF 272.95
FEET TO A POINT ON THE PRESENT SOUTHERLY IUGIFF OF WAY LINE OF AFOREMENTIONED OLD
JENNINGS ROAD;THENCE NORTH 89°39'19"EAST,ALONG LAST SAID LINE,ALSO BEING THE SOUTH
LINE OF THE PARCEL"C',EXCEPTION AS RECORDED IN OFFICIAL RECORDS BOOK 3927,PAGE 949,
A DISTANCE OF 305.92 FEET TO THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 3348,PAGE 127 AND THE POINT OF BEGINNING,
LAND THUS DESCRIBED CONTAINS 41.47 ACRES,MORE OR LESS.
• «\uscra ggm°tinge hppdaiaVocalnemtnnorksharc\rsmtcmpUfc\-ndflcatteeed flocs
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EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: ASCEND BRANAN FIELD VILLAGE APARTMENTS
Engineer: Timothy Adkinson, P.E.
Adkinson Engineering
6550 St. Augustine Road, Suite 203
Jacksonville, Florida 32217
Date: December 7, 2022
rEngineer Drawing Description Latest
j Number Engineer
' Approved
Plan Date
A-GN-000 Cover Sheet 12/30/2022
` A-GN-001 General Notes 12/30/2022
A-C-001 Existing Conditions 12/30/2022
1 -
A-C-002 Key Sheet 12/30/2022
A-C-003 j Post Development Drainage Map 12/30/2022
j A-C-100 Master General Site Plan 12/30/2022
I A-C-101-102 General Site Plan 12/30/2022
I A-C-200-201 Paving Grading sand Drainage Plan 12/30/2022
A-C-202-203 Yard Drain Plan - s 12/30/2022
A-C-300W-301W Water Plan 12/30/2022
I A-C-300S-301S i Sanitary Sewer Plan - { 12/30/2022
A-C-302-303 Sanitary Sewer Profiles 12/30/2022
A-C-400 Erosion Control Plan 7 12/30/2022
A-CD-100-101 General Site Details 12/30/2022
A-CD-200-204 j Pavement and Grading Details 12/30/2022
A-CD-205-207 Storm Water Pollution Prevention Details 12/30/2022
r A-CD-300-307.- , Utility Details j 12/30/2022.
f
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Last pnntcd 3/6/2023 N:SA AM
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 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.
to
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.
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.
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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
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.
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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
h verify all site,property,infrastructure,and utility information prior to any decisions or actions.
i
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�Oi C0VA, Title:
Cr. ....• ` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
ear Middleburg, Florida 32068-3907 Info:Prepared by CCUAGIS Portal - Water Features
GJ Phone 904 272-5999 - Gravity Sewer Features
/e 0Conservation.Commitment.Commundy. 3/6/2023,2:18:36 PM = Forced Sewer Features
4)/AUTO 1 inch = 300 feet - Reclaimed Features