HomeMy WebLinkAboutDA MU22.23-21 - Russell Retreat Subdivision Return to:
Clay County Utility Authority
3176 Old Jennings Road MU22/23-2 1
Middleburg,Florida 32068-3907
RUSSELL RETREAT SUBDIVISION
51 SINGLE FAMILY LOTS
Parcel No.: 10-05-25-009339-015-00 (Mid-Clay System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS AGREEMENT GRANTS TO THE"UTILITY"(AS HEREINAFTER DEFINED)AN ENFORCEABLE LIEN
ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN(THE"PROPERTY")FOR CERTAIN
DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE.
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this day ofJi -ram ,
2023, by and between LENNAR HOMES, 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 desires that the Utility provide central potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
cts service for the Property;
WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement central
o 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 and wastewater service by the Utility to the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, potable water distribution system, and
reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees
to transfer,to Utility, if so designated by the Utility, at no cost to Utility to provide utility service to the Property.
RECEIVED JUN' 2 3 2023
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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,potable
water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide
potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees
and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this
Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($360.00 x 51.00 ERCs) $ 18,360.00 *
Alternative Water Supply Surcharge:
($376.71 x 51.00 ERCs) $ 19,212.21 *
SJWMD Black Creek Water Resource Charge:
($108.77 x 51.00 ERCs) $ 5,547.27 *
Wastewater Capacity Charge:
($3,200.00 x 51.00 ERCs) $ 163,200.00 *
Reclaimed Water Capacity Charge:
($300.00 x 51.00 ERCs) $ 15,300.00 *
Total Capacity Charges to be Deferred $ 221,619.48
(b) Debt Service Charge:
($149.00 x 51.00 ERCs) $ 7,599.00
(c) Main Extension Charge—Water $ 9,177.96 **
Main Extension Charge—Wastewater $ 12,553.65 **
Main Extension Charge—Reclaimed Water $ 8,566.98 **
(d) Meter Installation Charge $ N/A ***
Effluent Reclaimed Meter Installation $ N/A ***
(e) Plan Review Fee $ 924.00
(f) Inspection Fee $ 3,408.39
(g) Recording Fee $ 142.25
Subtotal $ 263,991.71
Less Total Capacity Charges to be Deferred $ 221,619.48
Total due at execution of Developer Agreement $ 42,372.23
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* - Includes 51.00 ERCs,based on 51 single family lots,which are deferred and to be paid at time of application
for service via meter install, in accordance with Utility's Rate Resolution.
** - See Paragraph 43 for explanation of charges.
*** - The potable and reclaimed water meters will be paid by each builder or customer upon application for
building water for each lot. This Agreement does not include a provision for any other separate landscape
irrigation meters for the Property or park areas.
Note: Items (e) and (f) are estimates and are subject to adjustment based on actual costs incurred.
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Method of Payment/Security Interest -Utility agrees to defer payment and collection of certain capacity
charges as set forth above on an individual per lot basis,until such time as water service is applied for as to such lot
within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge
to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an
enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public
records of Clay County, Florida. The lien hereby created will be released by Utility on a lot by lot basis upon
payment to Utility of the capacity charges assigned to the lot(s)to be released. The party requesting the release shall
be responsible for recording the release in the public records.
The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994
(the"Act"),which is recorded in OR BK 1524,PG 1798-1836,public records of Clay County,Florida. Specific
reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part
that the priority of such lien"... shall be superior and paramount to the interest on such parcel or property of any
owner, lessee,tenant,mortgagee, or other person except the lien of county taxes and shall be on a parity with the
lien of any such county taxes." Utility shall not be obligated to provide the services herein for any particular lot or
parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel.
Payment of the charges in paragraph 4 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 potable water service
connections.
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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.
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:
(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,reclaimed water,and wastewater facilities to serve the Property in,under,upon,over and across the present
and future streets, roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any,
holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the
grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of a "non-disturbance
agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility.
All potable water, reclaimed water, and wastewater collection facilities, save and except installations owned by
Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted
or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these
easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive
easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all
easement grants will be utilized in accordance with the established and generally accepted practices of the potable
water, reclaimed water, and wastewater industry with respect to the installation of all its facilities in any of the
easement areas.
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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 potable
water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to
provide potable 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 potable
water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by
the Board of Supervisors of Utility 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 potable 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-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.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of
Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise.
Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably
withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and
responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by messenger,by mail or by telegram,and if to Developer,shall be mailed or delivered
to Developer at:
Lennar Homes,LLC
Attn.: Scott Keiling
700 N.W. 107th Avenue, Suite 400
Miami,Florida 33172
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road -l-
Middleburg,Florida 32068-3907
or at 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, unforeseeable
failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction,
regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party
shall not be liable for such non-performance.
19. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any
and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which it may
become subject by reason of or arising out of Developer's performance of this Agreement. This indemnification
provision shall survive the actual connection to Utility's potable water, reclaimed water and wastewater systems.
MISCELLANEOUS PROVISIONS
20. The rights, privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any development phase
and to the Property as a whole.
21. This Agreement supersedes all previous agreements or representations, either verbal or written,
heretofore in effect between Developer and Utility,made with respect to the matters herein contained, and when
duly executed,constitutes the agreement between Developer and Utility. No additions,alterations or variations of
the terms of this Agreement shall be valid,nor can provisions of this Agreement be waived by either party,unless
such additions, alterations, variations or waivers are expressed in writing and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,the same
shall include the plural, and the masculine, feminine and neuter genders shall each include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that
same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall not
be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment of any right or
power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other
time or times.
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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. Developer understands and agrees that
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.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water,
wastewater and reclaimed water systems installed by Developer,in accordance with Utility's standard specifications,
details and notes,which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5(d)
herein;and Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings
will be paid directly by Developer's licensed underground utility contractor and shall be provided in accordance with
CCUA's "As-built Specifications Standards Manual", which can be obtained from the Utility's website
(www.clayutility.org).It shall be Developer's responsibility to properly instruct his contractor to contact Utility for
an estimate of such charges and clarification of the required as-built drawing procedures.
30. It shall be Developer's responsibility or Developer's customers'responsibility,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 existing or proposed water,wastewater and reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for
providing the legal description for such easement to Utility. This shall include (1) all easements necessary to
accommodate water,wastewater and reclaimed water stubs to adjacent properties, (2)an easement ten(10)feet in
width lying parallel and adjacent to all right of way lines within the Developer's Property; and(3)any easements,
within storm drainage retention pond areas or along lot lines, that may be necessary to accommodate any storm
water harvesting systems that Utility may choose to install within Developer's Property.
33. The landscaping(new or existing)for this project shall not include the planting of any trees within
seven and one half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains. In the alternative,
it is understood and agreed by Developer and Utility that Developer shall provide a root barrier, satisfactory to
Utility,around the roots of all landscaping,trees,shrubs,etc.,that are planted within the road right-of-ways that will
potentially impact any of the utilities covered by this Agreement.
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It shall be Developer's responsibility to contractually require builders within the Property to establish a
workable procedure to assure Utility that the planting of"street trees"within the project provide at least seven and
one-half feet(7 ft. 6 in.)of separation from the center of the trees to Utility's mains and services. Otherwise,root
barriers are to be installed where the seven and one-half feet(7 ft.6 in.)criteria is not met. A service charge,subject
to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect and approve the proposed
tree locations.
34. The road cross-section,utility placement,and sidewalk placement used within the subdivision streets
and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities and
the Clay County Engineering Department. Any variance from these standard layouts shall be communicated by
Developer to all utilities requiring facilities in the right-of-way and the Clay County Engineering Department,and
shall be approved by all such utilities and agencies prior to commencement of construction.
35. Connection to Utility's existing 12-inch water main and 12-inch reclaimed main,and the construction
of the water and reclaimed water infrastructure, including services from the main 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 shall own and maintain
all facilities upstream of the downstream side of the reclaimed water meters and potable water meters and all
facilities downstream of the downstream side of the reclaimed water meters and potable water meters shall be
owned and maintained by Developer. All of the water installation shall be in accordance with the plans prepared by
Dominion Engineering Group,Inc.,Job Number 2086.049,as described in Exhibit"C",or as modified in a manner
acceptable to Utility. Utility shall have access to all of the water meters during normal business hours, for meter
reading purposes.
36. Connection to Utility's existing 12-inch wastewater main and the construction of the wastewater
infrastructure 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. All wastewater
mains 8-inches and larger in size,terminating by a manhole, and all wastewater mains 8-inches and larger in size
that are stubbed for future extensions, as shown on the plans prepared Dominion Engineering Group, Inc., Job
Number 2086.049, as described in Exhibit "C", shall be owned and maintained by Utility. This includes all
wastewater laterals from the 8-inch wastewater mains to Developer's Property line/right-of-way line for each lot.
All wastewater installations upstream of Developer's point of connection shall be owned and maintained by
Developer, and all installations downstream of this point of connection shall be owned and maintained by Utility.
The wastewater pumping station and all ancillary items related to the wastewater pump station shall also be owned
and maintained by Utility. All such facilities shall be installed by Developer's State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for
ownership and maintenance.
37. It shall be Developer's responsibility,where the engineering plans are reviewed and approved for an
entire project(Russell Retreat Subdivision),but Developer constructs the project in phases,to valve each water stub
in such a fashion that connection and extension of service to subsequent phases does not disrupt service to prior
phases and such additional valving shall be approved by Utility prior to installation. Each such phase shall be
bacteriologically cleared and final certified by the design engineer as complete, including as-built drawings,final
close out documents,and final acceptance by Utility,prior to water,wastewater and reclaimed water service being
initialized.
38. Water,wastewater, and reclaimed water service to any proposed amenity center, swimming pool,
and/or recreation areas are not a part of this Agreement;therefore,a separate agreement will be entered into when
these developments proceed.
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39. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within
the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy (i.e.,
"Reuse Policy"),a true copy of which, in its current form, is attached hereto as Exhibit"B",and shall require that
those systems 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 systems, and all lots or parcels lying within
the Property are hereby so restricted.
40. 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,and that the Homeowners'Association
will continue to be responsible after Developer is no longer in charge of the Russell Retreat Subdivision. 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.
41. No wells shall be permitted within or upon the Property for any purpose.
42. 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.
43. The charges shown in paragraph 4(c)"Main Extension Charge—Water", "Main Extension Charge—
Wastewater" and "Main Extension Charge—Reclaimed" of this Agreement is refundable to Utility for the cost
associated with the upsizing of the water,wastewater and reclaimed mains installed within the Village Park and
Bradley Creek Subdivisions.
44. Utility requested a proposal from Developer's contractor,Pipeline Constructors,Inc.for the cost to
upsize the following: 3,575 linear feet of 8-inch PVC water main to 12-inch PVC water main and 3,575 linear feet
of 4-inch and 6-inch PVC reclaimed water main to 10-inch and 12-inch PVC reclaimed water main,and 3,575 linear
feet of 4-inch force main to a combination of 6-inch and 8-inch force main as shown on the plans prepared by
Dominion Engineering Group,Inc.,Job Number 2086.049,as described in Exhibit"C". The water,wastewater and
reclaimed water mains upsizing is part of Utility's Master Planning and does not benefit Developer at this time.
Utility will pay the total cost of this upsizing in the total amount of $394,236.58 and shall reimburse said
construction cost to Developer upon acceptance and completion of the water,wastewater and reclaimed water main
installation.
45. This Agreement does not include any other developments that are planned for this Property. Water,
wastewater and/or reclaimed water service to any future/proposed amenity center,swimming pool,and/or recreation
areas are also not a part of this Agreement.A separate agreement will be entered into when these developments are
initiated.
46. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2023,and the construction of the utilities for this total project shall be commenced
by 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.
X:\PROJECTS\Job Files\Current120 23-0 2 3 Russell Retreat Subdivision-51 Single Family Homes Developer Agreement\AGR.RUSSELLRETREATSURDIVISION.5ILOTS JMG doe
-11-
•
IN WITNESS WHEREOF,Developers 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:
LENNAR HO ES,LLC,
- - / a Florida lim.l s liability company,
"Ill
Witness: By: (Seal)
Print Nam C Pi .e4 e.i w1..iF -- Sco I1T1 eiling,Vice President
Witne s:
Print ame:
STATE OF CA k; d Pr
COUNTY OF -DPI VkL
The foregoins. instrument was acknowledged before me by means of❑x physical presence or ❑ online
notarization,this 30 day of tti , 2023, by SCOTT KEILING, as VICE PRESIDENT of
to LENNAR HOMES, LLC, a Florid limited liability company, who is pe wn to me or who has
NU1produced J , as i enti
Print Name: /f yG/i0: /pry/ VW/�
Notary Public
State of Florida at Large
My Commission Expires: /r,. oozy
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O•• m3G 940541
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-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
• IX 1111R,
Witness: By: . _ rk'
Print Na I
re Johnst In,P.E., M.B.A.
t ece
. - i' • .r
(Corporate Seal)
Witness:. 4.U�YVV��
Print Name: Summer P_ Berndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online
notarization this & 1 day of 3.014e. , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me.
to ' (SttftYnt-ti)19ust't Notary Public State of Florida 1 ifi •
Summer P E Bemdt Print Name: Summer ' =em
fir.: < My Commission GG 950878•
or opsr Expires 01/26/2024 Notary Public
State of Florida at Large
My Commission Expires: 01/ 0/i
X\PROJECTSUob Fdes\Cutmnl\2023-023 Russell Retreat Subdivision-51 Single Family Homes\C Developer Agreement\AGR.RUSSELLRETRF.ATSUADIVISIGN.SILOTS.JMG.doc
'RUSSELL RETREAT SUBDIVISION
51 SINGLE FAMILY LOTS
Parcel Identification No. 10-05-25-009339-015-00
Official Records Book 4610,Page 726, Clay County,Florida
EXHIBIT "A"
A portion.of Sections 10 and 15,Township 5 South,Range 25 East,Clay County,Florida,being a portion
of Parcel 3,as described and recorded in Official Records Book 4147,page I386,of the Public Revaords
of said county,being more particularly described as.follows:
For a Point of Referi-nee,commence at the Southwest corner of Section 14,of said Township and Range;
thence North 89°17'09" East,along the Southerly line of said Section 14,a distance of 429.04 feet to the
Easterly corner of the Southerly terminus of State Road No. 23, Parcel 114,Part "A.", a variable width
limited access right of way as described and recorded in Official Records Book 4085,page 409, of said
Public Records;thence North 02'30'54"East,departing said Southerly line of Section 14 and along the
Easterly limited access right of way line of said State Road No.23,a distance of 2336.66 feet to the point
of curvature of a curve concave Southwesterly having a radius of 2836.00 feet; thence Northwesterly,
continuing along the Easterly and Northerly limited access right of way line of said State Road No.23 and
along the are of said curve,through a central angle of 71'08'26", an arc length of 3521.28 feet to a point
on said curve and the Point of Beginning, said arc being subtended by a chord bearing and distance of
North 33°03'19"West,3299.40 feet.
to From said Point of Beginning,thence Northwesterly continuing along said Northerly limited access right
of way line and along the arc of a curve concave Southwesterly having a radius of 2836.00 feet,through a
central angle of 10°33'12",an arc length of 522.36 feet to the Southerly most corner of Parcel 114,Part
"13",as described and recorded in said Official Records Book 4085,page 409,said arc being subtended by
a chord bearing and distance of North 73°54'07" West, 521.62 feet; thence Northerly departing said
Northerly limited access right of way and along the boundary line of said Parcel 114, Part "E", the
following 3 courses: Course 1, thence North 63°48'41" East, 216.61 feet; Course 2, thence North
L1'51'54" East, 397.74 feet; Course 3, thence North 80°22'06" West, 398.86 feet to the Northwesterly
corner thereof, said corner lying on the Easterly line of those lands described and recorded in Official
Records Book 1040,page 611,of said Public Records;thence North 00°41'57"West,along said Easterly
line and along the Easterly line of those lands described and recorded in Official Records Book 2878,page
318, of said Public Records, 1030.67 feet to the Northeasterly corner thereof, said corner lying on the
Southerly right of way line of Russell Road(County Road No. C-209)(formerly State Road No. S-209),
a variable width right of way as presently established;thence North 04°15'15"East, along said Southerly
right of way line, 10.00 feet;thence South 85°44'45"East,continuing along said Southerly right of way
line, 619.31 feet to the Northwesterly corner of those lands described and recorded in Official Records
Book 4041, page 1751, of said Public Records; thence South 00°25'35" East, departing said Southerly
right of way line,and along the Westerly lines of those lands described and recorded in Official Records
Book 4041,page 1751,Official Records Soak 2373,page 1113,Official Records Book 2341,page 142,
Official Records Book 1951, page 1230, Official Records Book 1931, page 283, Official Records Book
1956,page 1166, and Official Records Book 4303,page 1368,all of said Public Records,a distance of
1516.19 feet to the Southwesterly comer of said Official Records Book 4303,page 1368,said corner lying
on the Southerly line of Silver Creek Hills Addition,an unrecorded subdivision;thence South 00°25'35"
East,along the Southerly prolongation of said Westerly line of Official Records Book 4303,page 1368,a
distance of 194.69 feet to the Point of Beginning.
X:\FROJECTSVab Files\Cu°ent\2023-023 Russell Retreat Subdivision-51 Single Family Homes Developer AgreementV,GRRUSSELLRETREATSUADIVISION.51LOTS;.JMG.doc
EXHIBIT "B"
REUSE POLICY
PAGE 1 OF 2
Effective Date-Thirty (30) days after Board's approval of the policy, for all developments that have not
met the filing requirements of the County's Zoning Department,which requires each new development to be
reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC
approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water
and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for
a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed
timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was filed with
DRC prior to the effective date of this policy,within fifteen months after the effective date of the policy,
then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development Review
Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI)agreements which
may not be technically required to install residential reuse,but who choose to do so in settlement of minor
and/or major modifications to the structure and composition of developments within the DRI.These shall be
regulated and charged under this proposed policy and effective date criteria the same as all other
developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
1. Developments occurring under DRI agreements or Florida Quality Development
(FQD) agreements, which are not required by said agreement to install residential
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.
X:\PROJECTSVab Files\Cu¢cnt\2023-023 Russell Retreat Subdivision-51 Single Family Homes\C Developer Agreement lAGRRUSSELLRETREATSUEDIVISION.5ILOTS.JMG.doc
EXHIBIT "B"
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.
X:\PROJECTS\Iob Files\Current12023-023 Russell Retreat Subdivision-51 Sio51,Family Homes D veloper AgeemenUAGRRUSSELLRETREATSUBD1VISION.5ILOTS.RAG.doe
EXHIBIT "C"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project:
Engineer: Russell Retreat Subdivision
William E. Schaefer,P.E.
Dominion Engineering Group,Inc.
4348 Southpoint Blvd., Suite 201
Jacksonville,Florida 32216
Job Number: 2086.049
Date: October 4,2022
Engineer Drawing Description Latest
Number Engineer
Approved
Plan Date
T-1 Cover Sheet 02/15/2023
Cl Pre-Development Plan 02/15/2023
Cl Post Development Plan 02/15/2023
C2A Concept Plan 02/15/2023
C3-C4 Geometry Plan 02/15/2023
C5-C6 Paving and Drainage Plan 02/15/2023 •
C7-C7A Master Utility Plan 02/15/2023
° C8-C11 Plan and Profile 02/15/2023
C12-C15 Offsite Plan and Profile 02/15/2023
C16 Plan and Profile 02/15/2023
C16 Offsite Plan and Profile 02/15/2023
C18 Erosion Control Plan 02/15/2023
C19-C20 Paving and Drainage Details 02/15/2023
C21 General Notes and Details 02/15/2023
C22 Clay County General Notes 02/15/2023
C22 SWPP-Contractor's Requirements 02/15/2023
C24 Erosion and Sediment Control Details 02/15/2023
C-25 SWPPP-Contractor's Certification 02/15/2023
C26-C27 Maintenance of Traffic Plan 02/15/2023
S-SPD Standard Water and Sewer Specifications 02/15/2023
WAT 01 —WAT 04 CCUA Water Details 02/15/2023
LW-STD Standard Locator Wire Details 02/15/2023
S-UTC1-S-UTC2 Utility Placement in R/W 02/15/2023
S-SEW Standard Sewer Details 02/15/2023
S-REI-S-RE2 Reclaimed Water Details 02/15/2023
SPCON Permanent Submersible Pump Station Details 02/15/2023
S-ELEC3 Submersible Pump Station Electrical Details 02/15/2023
L1-L4 Landscape Plans 02/15/2023
X:\PRO3ECTSVob Files\Current\2023-023 Russell Retreat Subdivision-51 Single Family Homes\C Developer Agreement\AGR RUSSELLRETREATSUBDIVISION.5ILOTS.JMG.doe
CC I I N
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Russell Retreat Subdivision -
51 Single Family Lots
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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.
V
1.- COL/N) Title:
\` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/�i Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal - Water Features
'a Phone 904 272-5999 ill■ Gravity Sewer Features
J� ..` o 6/27/2023,10:40:39 AM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 300 feet - Reclaimed Features