HomeMy WebLinkAboutDA KU22.23-63 - 1768 Landward Lane Record& Return to: KU22/23-63
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
WASTEWATER SERVICE
TO 1768 LANDWARD LANE
Parcel No. 35-04-25-008254-017-02 (Kingsley System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this 3+P) day of
Sep'tennter ,2023,by and between SCOTT MASON FERREE and LINDA ANN FERREE,
husband and wife, 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");
c WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection, treatment and disposal service for the Property;
WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement
central water and wastewater service to the Property and thereafter operate applicable facilities so that the
cc occupants of the improvements on the Property will receive adequate water and wastewater service from the
Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the
Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" -All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAO" -The sum of money and/or the value
of property represented by the cost of the wastewater collection system and water distribution system
constructed or to be constructed which Developer or owner transfers,or agrees to transfer,to Utility, at no
cost to Utility,to provide utility service to specified 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 water ERC is (450) GPD and one wastewater
ERC is (311) GPD.
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with
the pipes of the consumer. Point of delivery for water service shall be at the consumer's side of the meter
and for wastewater service at the lot or property line. Utility shall, according to the terms and conditions
hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain
water and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of
applicable regulatory agencies.
3. Assurance of Title -Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges-In addition to the contribution of any wastewater collections systems
and water distribution systems, where applicable, and further to induce Utility to provide water and
wastewater service,Developer hereby agrees to pay to Utility the following fees and charges,as defined in
the Rate Resolution(including Service Availability Policy), upon execution of this Agreement in order to
reserve capacity in the System:
(a) Water Capacity Charge:
($360.00 x 0.0 ERC) $ N/A
Alternative Water Supply Surcharge:
($376.71 x 0.0 ERC) $ N/A
SJRWMD Black Creek Connection Charge:
($108.77 x 0.0 ERC) $ N/A
Wastewater Capacity Charge:
($3,200.00 x 1.0 ERC) $ 3,200.00
Environmental Impact Charge:
($410.00 x 1.0 ERC) $ 410.00
(b) Debt Service Charge:
($149.00 x 1.0 ERC) $ 149.00
(c) Customer Connection Charge (Tap-in) - Water $ N/A
Customer Connection Charge (Tap-in) - Wastewater $ 3,670.40
(d) Main Extension Charge - Water $ N/A
Main Extension Charge - Wastewater $ 7,891.50 **
(e) Meter Installation Charge $ N/A
(f) Plan Review Fee $ 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee $ 125.00
Total $ 15,522.90 '
* - See paragraph 31 for explanation of charge.
** -See paragraph 32 for explanation of charge.
Note: Item (c) is subject to increase for any material price increases incurred by Utility for this project.
Items (f) and (g) are estimates and are subject to adjustment based on actual cost incurred.
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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 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. Agreement to Serve-Utility agrees that once it provides water and wastewater service to the
customers within the Property that it will continuously provide such service, at its cost and expense, but in
accordance with the other provisions of this Agreement, the then current Rate Resolution in effect for
Utility, and the requirements of the governmental authorities having jurisdiction over the operations of
Utility.Utility shall not be liable for any temporary interruptions in service as a result of equipment failure,
emergencies or acts of God.
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
7. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
8. Rates -Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property. However,all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
9. Effluent Disposal Obligation - As further consideration for this Agreement, Utility may
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate agreement will be entered into for such purpose.
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10. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance
with the requirements of the Utility. Should any non-domestic wastes, grease or oils, including, but not
limited to, floor wax, paint, chlorides, or salt water or any substances and materials which contain any
hazardous,flammable,toxic and/or industrial constituents,be directly delivered by Developer to the lines,of
the Utility, Developer will be responsible for payment of the cost and expense required in correcting or
repairing any resulting damage to the system or property of third parties.
In the event Utility determines that the Property to be served poses a threat of introducing chlorides,
salt water, or similar constituents into the collection or transmission system at levels determined by the
Utility to be harmful to the wastewater system, including, but not limited to,the system's ability to provide
effluent meeting reuse standards as an irrigation supply source, the Utility has the right, in its reasonable
discretion,to decline or discontinue service to such Property or customer and to require such pretreatment or
other measures as are necessary to protect the integrity of Utility's system and the ability to serve its
members.
11. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing
that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
12. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by mail or e-mail,and if to Developer,shall be mailed or delivered
to Developer at:
Mr. and Mrs. Scott Ferree
188 Irish Rose Road
St. Augustine, Florida 32092
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
13. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto, subject to any approvals
which must be obtained from governmental authority, if applicable.
14. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
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15. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party, including, but not
limited to acts of God or of the public enemy,war,national emergency,allocation or of other governmental
restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster
or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities,
governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree, judgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
16. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's wastewater and water
distribution system.
MISCELLANEOUS PROVISIONS
17. The rights,privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
18. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
to 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.
19. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
20. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall not be unreasonably withheld or delayed.
21. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
22. Failure to insist upon strict compliance of any of the terms, covenants, or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor 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.
23. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall not be
assigned by Developer to Third Parties without the written consent of Utility, except in the case of a bona-
fide sale of Developer's Property.
24. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
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25. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement.Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance, and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering, accounting and administrative
and contingent expense.
26. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's wastewater service within Developer's project,to apply to Utility for service after the installation of
the wastewater utilities have been completed and accepted by Utility. Upon completion of application for
wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate
Resolution, including any security deposits required, service will be initiated to customers within
Developer's Property.
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's water or wastewater facilities for the project covered by this Agreement.
28. Developer shall grant an easement to Utility covering any portion of the wastewater facilities
that Utility agrees to own and maintain, and Developer shall be responsible for providing the legal
description for such easement to Utility. In addition,this Agreement is contingent upon the execution of the
Grant of Easement document.
29. The landscaping(new or existing)for this project shall not include the planting of any trees
within seven and one-half feet (7 ft. 6 in.) of the water and/or wastewater main to be owned by Utility.
30. This Agreement is for wastewater service only and all references to water service in this
standard Agreement shall not apply.
31. The charge shown in paragraph 4(c) "Customer Connection Charge(Tap-in)-Wastewater"
includes the 2-inch PVC force main connection to the existing 4-inch force main through the 2-inch service
stub terminating at the 2-inch ball valve and check valve assembly housed in a DFW-1324 valve box,which
terminates in an easement along Landward Lane where Developer will make the connection.
32. It is understood and agreed by Developer and Utility that the following cost will apply to this
Property, which is the subject of this agreement.
a. Brickyard Road In-fill Project Phase II(IFP-225), which has been funded by Utility, and
shall be subject to all the requirements set forth in Utility's "In-Fill Projects Fund Policy
Statement", as amended April 1999, and attached hereto as Exhibit "B". The $7,686.50
portion of the charge shown in paragraph 4(d)"Main Extension Charge-Wastewater",of this
agreement, is Developer's pro rata share of the total cost funded by Utility.
b. In addition,the charges shown in paragraph 4(d), "Main Extension Charge—Wastewater",
in the amount of$205.00,of this agreement is refundable to the Utility,who previously paid
for the Lift Station which receives the flow from this property.
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33. The wastewater connection point is a pressure force main connection point and will require
the Developer,its successors and assigns,at its/their sole cost and expense,to install and maintain a grinder
pump station and piping, capable of pumping the anticipated flow at the required pressure condition, and
Developer shall be responsible for connection of said piping to Utility's system at the valve box within
Utility's easement in order for the flow to be pumped into Utility's system for treatment and disposal.
In addition, Developer, its successors and assigns, hereby agree(s) to install and maintain a
Flowmatic ball check valve,Model 508(epoxy coated cast iron body),at its/their sole cost and expense,on
the discharge side of the Developer's grinder pump station.The Flowmatic ball check valve shall be placed
in a protective valve box with a lid. The check valve and valve box shall be positioned on a horizontal
segment of pipe at least (2) linear feet outside of the grinder pump station.
Prior to the start-up of the grinder pump station, Developer, its successors and assigns, will be
required to pull the grinder pump for Utility's inspection to ensure the proper grinder pump and check valve
have been provided.If the proper grinder pump and check valve have been provided,the system start-up will
be allowed to proceed.If not,Developer,its successors and assigns,shall correct the pump station and check
valve and call for a follow-up inspection. An additional service charge will be assessed for the follow-up
inspection.
34. The Developer will own and maintain the private pumping station and check valve on the
Property, and in the event of an electrical power outage, it shall be Developer's responsibility to provide
backup power,if continuous service is desired. Utility is in no way responsible for damages or injury,either
to directly or indirectly, related to sanitary sewage overflows, spills or stoppages related to loss of electrical
power or any malfunction of the privately owned facilities.
35. 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.
36. The Developer will be responsible for all site clearing prior to installation as well as any site
restoration, within the property, upon completion of the project.
37. This Agreement does not include any other developments(future additions)that are planned
for this Property. A separate agreement will be prepared for the additional requirements of each future
development on the Property when such development is initiated.
38. The construction of this project will not commence until receipt of all permits,and easements
if necessary, and this Agreement is executed and the charges stated herein are paid.
39. The Agreement will need to be executed by Developer,and the charges paid(shown on page
2 of Agreement), prior to October 1, 2023, or this Agreement will be subject to any Service Availability
charge increases approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,
2023; and this Agreement is subject to any material cost increases which Utility may experience after
October 1, 2023.
I
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IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
Witness. . B Seal
Y � )
Print Nam : jrt4a M,S,ryirYh Scott Mason Ferree
Witness:
Print Name: Summer . ern t
STATE OF Fl or;da
COUNTY OF nay
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑
online notarization, this lath day of gept+e1 l!ef, 2023, by SCOTT MASON FERREE, who is
personally known to me or who has produced Florida flfYtts UCe )SC , as identification.
Notary Public State o tFlorida Print Name: Summer P. Berndt
to a4 Summer P E Berndt
• < My commission cc 950878. Notary-Public in and for the
' ,a0, Expires 01/26/2024 County and State Aforesaid
My Commission Expires:
WITNESSES: DEVELOPER:
1 �
Witn- AIk I" y: eal)
Print N. , Linda Ann Ferree
Witness:. 11114 1 1(11 `;,%,-.
Print Name:
STATE OF I Qf aci
COUNTY OF OM
The foregoing instrument was acknowledged before me by means of x❑ physical presence or El
online notarization, this 151-j,day of Settees to 2023,by LINDA ANN FERREE,who is personally
known to me or who has produced Pr10ndo Drivel's UCeAse , as identification.
c-Sumova)
Notary Public State of Florida '4kort,
f4 ; Summer P E Bemdt Print Name: Summer . =erndt
„FdMy
pCommission/ 024 950878. Notary Public in and for the
County and State Aforesaid
My Commission Expires: Oliataali
•
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•
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness: SBy: F . � --- --
Print Nam emy . it sto ,, P.E., M.B.A.
„rect.
Witness: 4M i_DWI �. PIT•eViii
Print Name: ummer ' 7 m$ (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of ❑x physical presence or El
online notarization, this 31-h day of Se n1ber , 2023, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
110
Notary Public State of Florida Print Name: Summer Berndt
to Summer P E Berndt
My Commission GG 950878• Notary Public in and for the
'Paw" Expires 01126/2024
County and State Aforesaid
My Commission Expires:00149 I
WASTEWATER SERVICE
TO 1768 LANDWARD LANE
Parcel Identification No. 35-04-25-008254-017-02
Official Records Book 4749, Pages 1112-1115, Clay County, Florida
EXHIBIT "A"
PAGE 1 OF 2
Parcel T:
Part of Section 35, Township 4 South, Range 25 East, Clay County, Florida, being more particularly
described as follows:
Commence at the intersection of the south line of mcvickers road (a 40.0 foot right of way)with the
East line of the seaboard coast line railroad (a 100.0 foot right of way); thence north 87 degrees 23
minutes 53 seconds East, 499.16 feet, along the South line of said mcvickers road, to the point of
curve of a curve, concave to the Southwest and having a radius of 25.0 feet; thence around and along
said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 39.27
feet(chord bearing and distance of South 47 degrees 36 minutes 07 seconds East, 35.36 feet), to its
point of tangency; thence South 02 degrees 36 minutes 07 seconds East, 180.0 feet, to the point of
curve of a curve, concave to the Northwest and having a radius of 290.0 feet; thence around and
along said curie, through a central angle of 49 degrees 30 minutes 00 seconds, an arc distance of
250.54 feet(chord bearing and distance of South 22 degrees 08 minutes 53 seconds West, 242.82
feet), to its point of tangency;thence South 46 degree 53 minutes 63 seconds West 135.00 feet; to
to the Point of Beginning; thence continue South 46 degrees 53 minutes 53 seconds West, 188.90 feet;
thence North 48 degrees 57 minutes 07 seconds West, 196.22 feet; thence North 46 degrees 53
minutes 53 seconds East, 233.90 feet; thence South 43 degrees 06 minutes 07 seconds East, 170.20
feet to the point of curve of a curve, concave to the Northwest and having a radius of 25.0 feet; thence
around and along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc
distance of 39.27 feet(chord bearing and distance of South 01 degrees 53 minutes 53 seconds West,
35.36 feet), to the Point of Beginning.
Together with a 60.0 foot easement for ingress, egress and utilities over landward lane described as
follows:
Part of section 35, township 4 south, range 25 East, Clay County, Florida, more particularly described
as follows: commence at the intersection of the Easterly line of the seaboard coast line railroad (a
100.0 foot right of way)with the South line of mcvickers road (a 40 foot right of way); thence North 87
degrees 23 minute 53 seconds East, 499.16 feet, along the South line of said mcvickers road, to the
Point of Beginning of a 60.0 foot easement for ingress, egress, and utilities, being also the point of
curve of a curve, concave to the Southwest and having a radius of 25.0 feet; thence around and along
said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 39.27
feet(chord bearing and distance of South 47 degrees 36 minutes 07 seconds East, 35.36 feet); to its
point of tangency on the West line of said easement; thence South 02 degrees 36 minutes 07
seconds East, 180.0 feet along the west line of said easement, to said easement, to the point of curve
of a curve concave to the Northwest, and having a radius of 290.0 feet~ thence around and having a
radius of 290.0 feet thence around and along said curve through a central angle of 49 degrees 30
minutes 00 seconds an arc distance of 250.54 feet, (chord bearing and distance of South 22 degrees
08 minutes 53 seconds West, 242.82 feet)to its point of tangency on the Northwesterly line of said
easement;thence South 46 degrees 53 minutes 53 seconds West, 548.4 feet, along the
Northwesterly line of said easement to the point of curve of a curve concave to the Northwest and
having a radius of 25.0 feet; thence around and along said curve, through a central angle of 38
degrees 12 minutes 48 seconds, an arc distance of 16.67 feet, (chord bearing and distance of South
66 degrees 00 minutes 17 seconds West, 16.37 feet), to the point of reverse curvature of a curve
concave to the Northeast and having a radius of 45.0 feet; thence around and along said curve,
X\Sernce Asailahihq•\Developer Agreement Master File\Developer Agreements\In-Pdl ProtectsUldnkvard Road,Phase II IFP225\AGR.1768 Landward Lane Ferro:W W SPR doe
EXHIBIT "A"
PAGE 2 OF 2
through a central angle of 256 degrees 25 minutes 36 seconds, an arc distance of 201.4 feet, (chord
bearing and distance of South 43 degrees 06 minutes 07 seconds East, 70.71 feet), to the point of
reverse curvature, of a curve concave to the Southeast and having a radius of 25.0 feet; thence
around and along said curve, through a central angle of 38 degrees 12 minutes 48 seconds, an arc
distance of 16.67 feet, (chord bearing and distance of North 27 degrees 47 minutes 29 seconds East,
16.37 feet), to its point of tangency, on the Southeasterly line of said easement; thence North 46
degrees 53 minutes 53 seconds East, 548.4 feet, along the Southeasterly line of said easement, to
the point of curve of a curve concave to the Northwest and having a radius of 350.0 feet; thence
around and along said curve, through a central angle to 49 degrees 30 minutes 00 seconds (chord
bearing and distance of North 22 degrees 08 minutes 53 seconds East, 293.06 feet), to its point of
tangency on the East line of said easement; thence North 02 degrees 36 minutes 07 seconds West,
180.0 feet, along the East line of said easement, to the point of curve of a curve concave to the
Southeast and having a radius of 25.0 feet; thence around and along said curve, through a central
angle of 90 degrees 00 minutes 00 seconds, an arc distance of 39.27 feet, (chord bearing and
distance of North 42 degrees 23 minutes 53 seconds East, 35.36 feet), to its point of tangency, on the
South line of said mcvickers road; thence South 87 degrees 23 minutes 53 seconds West, 110.0 feet,
along the South line of said mcvickers road, to the Point of Beginning.
Together with a non-exclusive easement for water access over and upon the following property:
Part of section 35, township 4 south, range 25 east, Clay County, Florida, being more particularly
described as follows: commence at the point of intersection of the Southeasterly line of the seaboard
to coastline railroad (a 100 foot right of way), with the South line of mcvickers road (a 40.0 foot right of
way); thence North 87 degrees 23 minutes 53 seconds East, 584.16 feet along the south line of said
mcvickers road; thence South 02 degrees 36 minutes 07 seconds East, 205.0 feet, to the point of
curve of a curve, concave to the Northwest and having a radius of 350.0 feet; thence around and
along said curve, through a central angle of 11 degrees 27 minutes 36 seconds, an arc distance of
70.0 feet(chord bearine a distance of South 03 decrees 07 minutes 41 seconds West. 69.89 feet:
thence South 75 degrees 50 minutes 47 seconds East, 519.35 feet to the Point of Beginning; thence
North 75 degrees 50 minutes 47 seconds West, 519.35 feet to a point on a curve concave to the
Northwest having a radius of 350.0 feet; thence around and along said curve through a central angle
of 03 degrees 16 minutes 52 seconds, an arc distance of 20.04 feet(chord bearing and distance of
South 10 degrees 29 minutes 54 seconds West, 20.04 feet); thence South 75 degrees 50 minutes 47
seconds East, 620 feet, more or less, to the water of duck creek; thence Northeasterly, along the
waters of said creek and following its meaanderings thereof, 65 feet, more or less, to a point of
intersection with a line bearing North 88 degrees 29 minutes 03 seconds East,from the Point of
Beginning; thence South 88 degrees 29 minutes 03 seconds West, 141 feet, more or less, to the Point
of Beginning.
X\Sr''iee A,ailability\De,eloper Agreemrmt Master File\Developer Agrecmentgln-Fill Proj oIs\Briekvard Road,Phase II.IFP225 AGR.1768 Landward Lane Ferree WW SPB doc
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EXHIBIT "B"
PAGE 1 OF 2
CLAY COUNTY UTILITY AUTHORITY
IN-FILL PROJECTS FUND
POLICY STATEMENT
As Amended April 6, 1999
Purpose
Pursuant to unanimous action taken by the Board of Supervisors ("Board") of the Clay County Utility
Authority ("CCUA") during the regularly scheduled Board meeting of December 15, 1998, this policy
establishes a mechanism that will provide the necessary funding to install water, wastewater, and
reclaimed water utilities in certain communities. This in-fill project fund is being created for the
purpose of extending water, wastewater, and/or reclaimed water utility service to communities that are
located near existing CCUA appurtenances for the purpose of serving communities currently using
private wells and septic tanks.
Projects that are interspersed among existing developed parcels, thereby making economic feasibility of
such extensions difficult.
Extensions needed to improve CCUA's system by looping service mains, eliminating pump stations, and
upgrading trunk mains for projects that are not otherwise budgeted or covered by extensions normally
paid by developers.
to Improving the health, safety, welfare or the environment of the citizens of Clay County.
This fund will give Board members a clear and concise method to evaluate fund availability for such in-
fill projects.
Scope
In-fill projects will be limited to communities located within CCUA's service area. Potential projects
must be located in the vicinityof existingCCUA appurtenances so that it is economicallyfeasible to
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extend service to the community.
Policy
The fund will be established by using excess earnings from utility operations. Net income in excess of
$500,000 for fiscal year ending September 30, 1998, will be credited to this fund. The fund is initially
limited to a maximum balance of$1,500,000.
The Board will maintain complete control of the fund and the determination of which projects are
funded. Service extension projects will be evaluated by the Board on a case by case basis. The Board
shall determine if a particular project is economically feasible.
CCUA IN-FILL PROJECTS FUND POLICY STATEMENT
EXHIBIT "B"
PAGE 2 OF 2
The Executive Director shall have the authority to proceed with projects falling within the intent of this
policy in emergency situations as long as the value of said project does not exceed $10,000. Emergency
situations are those situations that require immediate action by the Executive Director, such that without
prompt action, the opportunity to complete projects within the intent of this policy would be lost, or the
cost of completing the project in the future would be greatly increased. If the Executive Director
declares an emergency situation under this policy, a description of the project and the rationale
supporting the emergency declaration must be presented to the Board during the next regularly
scheduled Board meeting.
The Board may also direct that these funds be diverted to other uses if, in the opinion of the Board, it is
necessary to do so.
This fund will be established with an initial transfer from the net income generated during the fiscal year
ended September 30, 1998 that exceeds $700,000 ($500,000 normal profit plus $200,000 allocated to the
1998/99 budget).
As customers connect to the system,they will be charged a main extension charge based on their pro
rata share of the cost to extend service to their neighborhood, as calculated by CCUA's staff based on
the budgeting and planning assumption that 75% of all units which in theory can be served by such
extension will in fact ultimately connect to the system. In addition, a carrying charge approximating
CCUA's overall cost of funds shall be added to the cost of each connection, accruing from the date of
placing the extension in service at an initial rate of 5%per annum for fiscal year 1998/99, and thereafter
to at the rate set by CCUA from year to year in the discretion of the Board, and compounded until paid by
the individual customer connecting to the system on each September 30th thereafter. There shall be no
refund of payments made under this policy which, in the aggregate, prove to be in excess of the actual
cost of a specific extension of CCUA's system, plus carrying charges, which is made pursuant to this
policy. All such main extension charges will be deposited into the in-fill projects fund upon their receipt
by CCUA.
CCUA IN-FILL PROJECTS FUND POLICY STATEMENT
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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.
CCUA
(1.-CO(JN Title:
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\` Clay County Utility Authority CCUA Web Map
- ' 3176 Old Jennings Road
i Info:
�i Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
G 'a Phone 904 272 5999 - Gravity Sewer Features
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iL Conservation.Commitment.Community
�TYAUTN� 1 inch = 100 feet - Reclaimed Features