HomeMy WebLinkAboutEDB-Oakleaf Commerce Center, Master Meter Request EXECUTIVE SUMMARY
AGENDA ITEM:
Request from Merritt Properties to allow master metering to their proposed commercial flex space
development, Oakleaf Commence Center.
Date: September 28, 2023
BACKGROUND:
Staff received a request from Merritt Properties to master meter three buildings, which are
proposed flex/light industrial,with approximately 55 rental spaces.
By definition, this development is considered flex space under the current Service Availability
Policy. Paragraph 30, Flex Space Developments from the policy, is attached for reference. Flex
space developments with multi-tenants are required to provide individual meters and plumbing
designs for the maximum number of units capable of being leased.
On September 6,2022,the CCUA Board of Supervisors confirmed its willingness to allow master
metering for residential multi-family and commercial developments. This modification to the
to 2022/2023-01 Service Availability Policy, Paragraph 36, Additional Provision Applicable to
a Master Meters Developments, is attached for reference. This policy was predominantly written to
- accommodate workforce housing but refers to commercial developments.
0
LUnder this provision, Merritt Properties is seeking a request to allow master metering to their
a commercial developments, which will be serving multiple tenants. The applicant has represented
ce that the entire project will remain under single ownership, and the whole site will be master
metered with all on-site utilities remaining under private ownership.
Staff prepared a draft Developer Agreement (see attached), including terms and conditions to
accommodate the Developer's request. Additionally, staff included terms and conditions to ensure
that CCUA staff can assess connection charges and regulatory requirements based on the actual
tenant's operations. We are bringing this draft agreement before the Board, as this is the first
request made by a developer to master meter a commercial development that is not workforce
housing since CCUA's 2022/2023 Rate Resolution went into effect.
RECOMMENDATION:
Staff recommends the Board of Supervisors' approval to allow Merritt Properties to master meter
their commercial development subject to the Developer entering into an Agreement based on the
terms and conditions outlined in the draft agreement attached.
ATTACHMENTS:
CCUA Service Availability Policy Excerpts
Draft Developer Agreement
Oakleaf Commerce Center Published Advertisement
//MB (Author)
//PS (Final)
09/28/23 MB
Excerpt of FY 22/23 Rate Resolution
into agreements for service, with unfranchised water, wastewater, and/or reuse water utility
providers within Utility's geographic jurisdictional limits; or by acting in any other manner
inconsistent with Utility's policies and practices, including those set forth in the Rate
Resolution and this Service Availability Policy, then such Applicant, and its successors in
interest with respect to such property, or any portion(s) thereof, shall be responsible for the
increased cost and expense of Utility ultimately providing service to such property, including
without limitation,the cost of condemnation of easements, cost of litigation, increased cost of
emergency or expedited construction of Utility's facilities, increased professional fees and
expenses, and other reasonable costs and expenses of Utility, which are reasonably
attributable to the action of the Applicant, or the Applicant's predecessor(s) in interest as to
such property. If such increased costs and expenses are fairly allocable to more than one
such property, then the total increased cost and expenses shall be allocated among all of the
properties affected.
30. FLEX RENTAL SPACE DEVELOPMENTS.
Determination of an Applicant's or Customer's intended use of a particular service
location is necessary for Utility to accurately compute and apply the ERCs applicable to that
service location, and to determine the metering requirements for that service location. Multi-
tenant structures typically require separate utility facilities and metering for each unit capable
of being leased. However, the Board of Utility desires to implement a new approach in
dealing with undetermined use speculative office, commercial, industrial and/or retail space
developed at a single service location, which may require more than one meter ("Flex
Space"), which Flex Space is sought to be metered or modified by an Applicant or Customer
after October 1, 2005. For new or modified Flex Space, Utility shall continue to require
individual meters and plumbing design for the maximum number of units based on what the
Applicant or Customer reasonably believes to be the smallest space that will be capable of
being leased. The Applicant or Customer then shall be given the option to pay for all meters
with the Developer Agreement and install all the meters in advance when service location is
ready for the first meter. If all meters are installed and paid for in advance as described
above, then Utility would make any appropriate adjustments once the initial occupancy and
leasing configuration for the service location is established, and would remove and refund
any excess meters at that time. However, if the Applicant or Customer elects the option of
only paying in advance for one meter, and paying for supplemental meters as occupants or
tenants move in to the service location, then Utility shall impose an extra service charge per
event, applicable each time a supplemental Developer Agreement is to be prepared to add an
additional meter or a block of meters. Utility shall continue to collect capacity charges in
advance, based on the least intensive assessment of those charges. If the tenants or occupants
for the service location, and their respective intended uses, are not known upfront, then a
supplemental Developer Agreement will be prepared for each adjustment to the service
location's overall usage to true up the impact of the service location on Utility System, and
additional charges shall be imposed by Utility as the tenants or occupants come online at that
service location. An additional service charge shall be assessed with each supplemental
Developer Agreement. If a supplemental Developer Agreement covers both the assessment
of additional capacity charges and additional meters, then only one additional service charge
will be assessed.
47 CCUA RESOLUTION NO. 2022/2023-01
In addition to the foregoing, if an Applicant or Customer has pre-planned and
determined which meter will serve each lease space or unit of the Flex Space for the service
location, and provides that information to Utility, then Utility's staff will audit and verify
which meter serves each individual unit of the service location. This additional audit will be
done in one trip for all meters at no additional charge. However, for each additional trip that,
in Utility's judgment, is necessary to audit the meter/rental unit relationship, a service charge
per trip shall be assessed. Should the audit take over three quarters of an hour, then each
extra hour or portion thereof shall be charged per hour.
For existing Flex Space which is master metered, Utility will attempt to be notified by
appropriate county building department each time a commercial unit changes names for
electric service. Utility staff shall determine if the service address location is a master
metered unit, and if so, Utility will send the Industrial Pretreatment Survey and other
questionnaires to the tenant, occupant or the service location owner for completion, based on
the information available to Utility. Based on the returned Industrial Pretreatment Survey,
Utility will advise the service location owner what, if any, special pretreatment requirements
will be assessed. If necessary to ensure compliance, the service location owner will be
notified of the date that Utility's service to the service location will be discontinued to the
master meter, if the information requested is not received by Utility.
At any time during the course of Utility providing service to any new service location
after October 1, 2005, Utility shall have the right to inspect and audit the number of separate
occupants and tenants per meter. When this inspection occurs, if no violation of this policy is
found, there will be no charge for the inspection. However, for each violation that is found, a
charge of $500.00 will be assessed to recover the cost of this administrative inspection
program. In addition, if the Applicant or Customer is not in compliance, the Applicant or
Customer will be given ninety (90) days to correct the metering problem, at the Applicant or
Customer's expense. Failure to timely comply with that notice will authorize Utility to
discontinue service to the service location's master metered service, until such time as
compliance with all of Utility's policies are achieved by the Applicant or Customer for that
service location.
31. RESIDENTIAL RECLAIMED WATER SYSTEM DEMAND MANAGEMENT
In an effort to manage costs for the best benefit to all reclaimed Customers due to (i)
the extreme peak demands that can be created when multiple irrigation systems are activated
at the same time and(ii) the unreasonable cost of the oversized facilities required to meet that
demand, it is necessary that demand management practices be initiated. In this regard, the
following demand management practices shall be followed:
A. This policy applies to established lawns only. Irrigation of new landscape will be
allowed at any time on any day for the initial thirty (30) days and every other day
for the next thirty (30) days for a total of one sixty (60) day period, provided that
the irrigation is limited to the minimum amount necessary for establishment.
B. The Authority supports the water restrictions published by the St. Johns River
Water Management District. Refer to the St. Johns River Water Management
48 CCUA RESOLUTION NO. 2022/2023-01
negotiated number of paying customers are connected to newly constructed plants. The
target number of customer connections will be the number it will take in order for the new
plants to reach a cash flow breakeven point.
The primary purpose of this Paragraph 34 is to emphasize financial feasibility for the
Authority since the initial investment for new plant(s) will be significant without any
assurance that customer growth will be sufficient to support the Authority's requested
infrastructure investment. Therefore, the Authority shall have the prerogative of determining
if and when such a particular development has progressed to a point where financial
feasibility has been achieved and conversion to the Authority's normal and customary service
availability charges can be commenced.
This does not include the additional cost of normal stubs to adjacent properties, which
the Authority requires of the Applicant(s) and/or the Customer(s) under its Rate Resolution
and otherwise by this Service Availability Policy.
35. DEFERRAL OF CERTAIN CAPACITY AND CONNECTION CHARGES FOR
SINGLE FAMILY RESIDENTIAL AND WORKFORCE HOUSING
DEVELOPMENTS
The Board of the Authority finds that promoting single family home ownership and
workforce housing development serves a vital and important public purpose consistent with
the mission and statutory authority, mandate, and duties of the Authority. The Board further
finds that the deferral of certain Utility fees or charges until water service is applied for
within a planned single-family residential development of one (1) or more total lots on a per
single-family lot (i.e., 1 ERC) or workforce housing meeting the criteria defined by s.
420.5095(3), Florida Statutes, or any successor statute thereto, is a reasonable deferral of
Utility fees and charges which will not negatively impact the Authority's ability to plan for
or reserve capacity, nor negatively impair the extension of the distribution and collection
facilities of the System. Therefore, the Authority hereby authorizes the Executive Director or
his/her designee to enter into such Developer Agreements as the Executive Director sees fit
for the provision of water, wastewater, and/or reclaimed water service to any Applicant for
the same, for single-family residential developments or workforce housing, contractually
binding the Authority's deferral of the Capacity Charges, AWS Connection Charge, and
Environmental Impact Charge as would otherwise be applicable to such Property. For single-
family residential developments, deferred charges shall be divided into and collected on an
individual per single family residential lot basis, as water service is applied for in the future.
Workforce housing development deferred charges shall be collected as water service to that
development is applied for in the future. The Developer Agreement shall contain such other
and further provisions as authorized by the Executive Director and as may be approved by
the Board from time to time. The Debt Service Charge and other established rates, fees, and
charges of the Authority for such Property shall not be deferred. The Executive Director
shall cause such recordings as necessary to be made in the public records of the subject
county reflecting the deferral of the fees and charges so authorized.
36. ADDITIONAL PROVISIONS APPLICABLE TO MASTER METERED
DEVELOPMENTS
51 CCUA RESOLUTION NO. 2022/2023-01
For the Applicants applying to the Authority to master meter a multi-family or commercial
development which will be serving multiple tenants and where the entire project is to remain
under single ownership and the entire site will be master metered with all on-site utilities
remaining under private ownership and operation unless otherwise approved by the
Authority, if the site is master metered, the Applicant or the Customer must provide the
following items for review and approval as part of the permit and plan review process:
i. A water conservation plan indicating the processes and routine investments for
operation and maintenance of the private on-site distribution system. The water
conservation plan shall demonstrate protection of the water resource being provided
on a master metered basis.
ii. Either a letter of credit or financial deposit in such an amount as to protect the credit
risk to the Authority being incurred for providing such utility services to the
Applicant or the Customer on a master metered basis, rather than being secured by
separate utility deposits for individual meters.
o For residential multi-family developments, the letter of credit or financial
deposit shall be calculated based on the number of units within the
development multiplied by the deposit amounts specified in the Rate
Resolution for a single-family residential home.
o For commercial developments, the letter of credit or financial deposit shall be
calculated on an ERC basis using the equivalent meter methodology described
in Section 30 of the Service Availability Policy.
iii. The Applicant's or the Customer's contractual acknowledgement and agreement that
the Applicant or the Customer, its successors and/or assignees, shall not be entitled to
the benefit of Section 3., subsections (18) and (19), of the Rate Resolution regarding
individual (non-master metered) customer adjustments, and may not participate in the
Authority's water leak credit program, nor in any other similar program designed to
help individually metered services not bear the full impact of a previously undetected
leak or meter reading error attributable specifically to an individually metered service,
for any such master metered service connection.
iv. The Applicant or the Customer, its successors and/or assignees, shall not add an
administrative fee nor upcharge water, wastewater, and reclaimed water, where
available, services to the tenants of such master metered developments.
Section 420.5095, Florida Statutes, entitled "Community Workforce Housing Loan
Program", defines "workforce housing" in subsection (3) thereof as meaning "housing
affordable to natural persons or families whose total annual household income does not
exceed 80 percent of the area median income, adjusted for household size, or 120 percent of
area median income, adjusted for household size, in areas of critical state concern designated
under s. 380.05, for which the Legislature has declared its intent to provide affordable
housing, and areas that were designated as areas of critical state concern for at least 20
consecutive years before removal of the designation."
52 CCUA RESOLUTION NO. 2022/2023-01
'No .
OAKLEAF
COMMERCE CENTER
' A FLEX/LIGHT INDUSTRIAL DEVELOPMENT
IN THE COMMUNITY OF OAKLEAF
• Under development in Clay County, FL southwest
of the city of Jacksonville
• Located on 16 acres
• Up to 142,950 square feet across three buildings
and a pad site
Phase 1:Three buildings i
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-.. ., „, , lki ,I > Phase 2: 20,000 SF build-to-suit opportunity •
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• 20'clear heights
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Dock loaded and at-grade drive-ins available
• Leasable spaces starting at 2,250 and 2,700 "L I'1
square feet �
::• i': ; :Coast
1 Expressway with easy _ ? I
connections to I-10 and 1-95 i
I1H Locatedwithintherobustresidential and retail 41 I ` Ill
community of Oakleaf 1 ii
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• Customize space with our in-house design and '
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PROPERTIES
CONCEPTUAL SITE PLAN
3840, 3830 & 3810 Integrity Way
, _ \BUILDING TOTAL SF
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3840 Integrity Way 32,250 SF
3830 Integrity Way 51,300 SF N
3810 Integrity Way 59,400 SF
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For additional information, contact:
Pat Franklin I pfranklin(amerrittproperties.com 1904.515.2030
Remy Merritt I remym(amerrittproperties.com 1443.983.6296
merritt
1 Merritt-Oakleaf.com All PROPERTIES
Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
OAKLEAF COMMERCE CENTER
3840 INTEGRITY WAY,BLDG. 1
Parcel Number: 18-04-25-007953-107-000 3830 INTEGRITY WAY,BLDG.2
Clay County &3810 INTEGRITY WAY,BLDG.3
(Spencer System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this day of
, 2023, by and between MERRITT-JADO, LLC, a Maryland limited liability company,
hereinafter referred to as "Developer",and CLAY COUNTY UTILITY AUTHORITY,an independent
special district established under Chapter 94-491,Laws of Florida,Special Acts of 1994,hereinafter referred
to as "Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in
Exhibit "A", attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal,and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,
central water, wastewater, and reclaimed water service to the Property and thereafter operate applicable
facilities so that the occupants of the improvements on the Property will receive adequate water,wastewater,
and reclaimed water service from the Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of potable water,wastewater,and reclaimed water service by the
Utility to the Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of Property represented by the cost of the wastewater collection system,potable water distribution system,
and reclaimed water distribution system constructed or to be constructed which Developer or owner
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to specified Property.
-2 -
(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 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 collection systems,
water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to
provide potable water,wastewater service,and reclaimed water service,Developer hereby agrees to pay to
Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability
Policy),upon execution of this Agreement in order to reserve capacity in the System:
(a) Potable Water Capacity Charge:
($450.00 x 0.00 ERCs) $ TBD *
Alternative Water Supply Surcharge:
($388.01 x 0.00 ERCs) $ TBD *
SJWMD Black Creek Water Resource Charge:
($105.19 x 0.00 ERCs) $ TBD *
Wastewater Capacity Charge:
($4,100.00 x 0.00 ERCs) $ TBD *
Reclaimed Water Capacity Charge:
($300.00 x 0.00 ERCs) $ TBD *
Debt Service Charge:
($191.00 x 0.00 ERCs) $ TBD *
(b) Main Extension Charge -Water $ TBD
Main Extension Charge -Wastewater $ TBD
Main Extension Charge -Reclaimed $ TBD
(c) Fire Protection Charge $ TBD
(d) Potable Meter Charge $ TBD
Reclaimed Meter Charge $ TBD
(e) Plan Review Fee $ TBD
(f) Inspection Fee $ TBD
*
*
*
*
*
*
(g) Recording Fee $ TBD *
Total $ TBD
*
* - Water and wastewater capacity charges will be determined after review of the architectural
plans for each building.Reclaimed water capacity charge will be determined after review of
the irrigation calculations for the property. The fire protection charge will be determined,
after review of the fire flow calculations and acceptance of plans. The potable meter charge
and reclaimed meter charge will be included in the revised agreement for this property,
pending Utility's Board of Supervisors review.Plan review fee,inspection fee,and recording
fee will be included in revised agreement for this property. All charges and fees will be in
accordance with Utility's approved Rate Resolution
Note: Items (e) and(f) are estimates and are subject to adjustment based on actual cost incurred.
- 3 -
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise, are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required, they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water,
wastewater,and reclaimed water systems for the project. The proposed electrical transformer layout of the
electric utility providing service must be provided to the Utility prior to commencement of construction.
-4 -
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.
-6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy, as then in effect. The same construction standards, warranty
requirements, maintenance bond requirements, transfer of title by Bill of Sale, and indemnification
requirements,as provided under paragraph 5 of this Agreement,shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility, and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility, and the requirements of the governmental authorities
having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions
in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in paragraphs 5,6,and 7 hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water,wastewater, and reclaimed water facilities to serve the Property in,under,upon,
over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and
utility sites. Mortgagees, if any,holding prior liens on the Property shall be required to release such liens,
subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to
Utility assurance by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee
would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and
wastewater collection facilities, save and except installations owned by Developer, or its successors or
assigns, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or
rights-of-way for utility purposes and there shall be adequate legal access to same.
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.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or
any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest
in and to such facilities or any part of them, for any purpose, including the furnishing of potable water,
reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of
the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property. However, all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 21/22-05
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner must inform Utility of its intent to discharge any floor finish stripper product and
waste. Upon notification, a permit application will be sent to Developer, tenant or the Property/project
owner to be completed and submitted to Utility for processing. A permit fee is not required by Utility for an
Industrial Pretreatment Permit. Failure to follow these procedures may result in termination of water and
wastewater service.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld 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 electronic mail (email) and if to
Developer, shall be mailed or delivered to Developer at:
Merritt-Jado, LLC
Attn: Robb L. Merritt
2066 Lord Baltimore Drive
Baltimore, MD 21244
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
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,wastewater and
reclaimed water 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 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.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water, reclaimed water, and wastewater services to Developer's project. Capacity reserved
hereunder cannot and shall not be assigned by Developer to Third Parties without the written consent of
Utility, except in the case of a bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water
and wastewater systems installed by Developer or Utility, in accordance with Utility's standard specifications,
details and notes,which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5
(d)herein;and the Utility's charges associated with the review and quality assurance of the CAD as-built survey
drawings will be paid directly by Developer's licensed underground utility contractor and shall be provided in
accordance with CCUA's"As-built Specifications Standards Manual",which can be obtained from the Utility's
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 water, wastewater or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water,reclaimed
water, and wastewater facilities that Utility agrees to own and maintain,and Developer shall be responsible for
providing the legal description for such easement to Utility.
33. The landscaping for this project(new or existing)shall not include the planting of any trees within
seven and one-half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains to be owned by
Utility.
34. Connection to the existing 8-inch water main,tap of the existing 8-inch reclaimed water main and
the construction of the water and reclaimed water services from the mains to the meter locations, shall be
installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the
requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and
maintain the tap through the meters and all facilities downstream of the meters shall be owned and maintained by
Developer. Utility shall have access to all of the water meters during normal business hours, for meter reading
purposes. All fire hydrants and water mains within the development are to be owned and maintained by
Developer.
35. Developer shall install or have installed a reduced pressure type backflow prevention device,
which shall be located immediately downstream of Utility's potable water meter for the buildings. Such
installation shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative
Services and Utility.Upon the completion of each installation of said device,Developer shall provide to Utility,
for its permanent records,the Make,Model,Size and Serial Number of said device. Furthermore,this device
must be tested and recertified by a certified backflow prevention technician annually or such other period as may
be required by Utility. Proof of the annual testing and re-certification must be submitted to Utility for its records.
This installation and annual re-certifications shall be the responsibility of the Developer, or its successors and
assigns.
36 Connection to the existing 8-inch gravity wastewater stub shall be installed by Developer's State
of Florida Licensed Underground Utility Contractor. Developer shall own and maintain all wastewater facilities
upstream of this connection point, including sewer mains, manholes and laterals.
37. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens)for
each floor drain that does not flow through a grease/sand interceptor,in accordance with Utility's requirements
for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand
interceptors,and such interceptors shall be subject to periodic unannounced inspections by Utility. Developer's
maintenance staff shall assist Utility personnel by removing the floor drain grates for this inspection of the
grit/sand collectors.Developer shall maintain records of maintenance and cleaning.Those records shall be made
available to the Utility upon request.
38. Where food preparation facilities or other facilities that are subject to discharge greases into the
wastewater collection system are part of the development of the property,or where floor drains are connected to
the wastewater collection system, Developer shall install or have installed a grease/sand interceptors for each
building,meeting the requirements of the Clay County Department of Health&Rehabilitative Services and the
Florida Building Code,which shall be designed and constructed in accordance with Utility's specifications for
same. Such installation shall be provided by a Florida Licensed Plumbing Contractor. The grease/sand
interceptor shall be designed for the facilities connected to same,however, in no event shall be the capacity be
less than standard per the current Florida building code. Developer shall also be responsible for the continued
maintenance and cleaning of said grease/sand interceptor facility, and such facility shall be subject to periodic
unannounced inspections by Utility. In addition, all floor drains shall be connected to the grease/sand
interceptor.
39. Air conditioning condensation discharge lines, or any other piping that may intentionally or
unintentionally drain storm water, shall not connect to Utility's wastewater system.
40. All water, reclaimed, and wastewater installations/connections shall be in accordance with the
accepted plans prepared by England-Thims & Miller, Inc., as described in Exhibit "B", or as modified in a
manner acceptable to Utility.
41. Developer shall be required to install all on-site reclaimed systems,as utilized for irrigation in full
compliance with Utility's Reclaimed Water Policy (i.e., "Reuse Policy"), an excerpt, in its current form, is
attached hereto as Exhibit"C".Developer shall require that this system be operated and maintained in accordance
with the rules and regulations of Utility, as well as all governmental agencies having jurisdiction over such
reclaimed water system, and all parcels lying within the Property are hereby so restricted.
42. All elements of the Florida Department of Environmental Protection rules and regulations
regarding the use of reclaimed water within the project will be adhered to at all times. This specifically pertains
to the Public Notice (posting of signs)provisions of the Florida Department of Environmental Protection rules
and regulations, as well as all specific requirements pertaining to the use of reclaimed water in public areas and
on roadways.
43. No wells shall be permitted within or upon the Property for any reason.
44. All irrigation contractors employed by Developer to install reclaimed water irrigation systems
within the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-
Connection Control Policy. Once registered, such irrigation contractor shall comply completely with Utility's
Cross-Connection Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted
for irrigation contractors that are not registered with Utility.
45. It is understood and agreed by Developer and Utility that the usage of each lease space(building
units)is undetermined at this time.Therefore,the connection charges in paragraph 4(a),will be determined after
review of the architectural plans for each building, and at minimum, Developer will be charged based on the
known square footage of each building. A supplemental agreement will be prepared to assess any additional
charges to the Property/project owner or Lessor,as the additional connection charges are determined. This will
be based on the appropriate calculation for the specific tenant occupying a space versus the square footage basis
of the calculation. For each supplemental agreement prepared, a service charge of$100.00 will be assessed to
prepare the agreement,in addition to the above-stated connection charges. At a very minimum,Developer shall
report to Utility fifteen(15) days prior to each space being occupied initially or in the future, so that the water
and wastewater connection charges can be determined.
Each supplemental agreement shall be executed and paid within thirty days (30) and shall become
delinquent on the thirty-first(315t) day if not paid. Service may be temporarily interrupted to the Property until
such outstanding agreement is fully satisfied. Utility shall not be liable for any damages or otherwise due to
temporary service interruptions.
Developer hereby agrees that an internal and external audit of each building may be conducted by the
Utility at any time.
It shall be Developer's responsibility to report to Utility at least fifteen(15)days prior to a proposed new
tenant occupying each space before occupancy. Utility will evaluate and determine if any pretreatment
requirements will be necessary for each tenant. If so, Utility will notify Developer and the Developer shall
ensure compliance to Utility. If the wastewater discharge from a tenant's operation is required to meet Utility's
Pretreatment Policy,then a modification to this agreement will be required to specifically identify the approved
pretreatment requirement.
46. Developer has requested the use of one master meter to provide potable water service to the
proposed Development. Therefore, this Agreement is subject to the terms and conditions set forth in Utility's
approved Rate Resolution and Service Availability Policy, as described in Exhibit"D".
47. 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
associated with the Property when such development is initiated.
48. The construction of this project will not commence until Developer has meet the terms and
conditions set forth in Utility's approved Rate Resolution and Service Availability Policy,referenced in Exhibit
"D"and Utility has received all necessary permits,easements,this Agreement is executed,and the charges stated
herein are paid.
49. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2024,and the construction of the utilities shall be commenced prior to October 1,
2024,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 1,2024;and this Agreement is subject to any material cost increases which Utility may experience after
October 1, 2024.
[Signatures Begin Next Page]
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:
MERRITT-JADO, LLC,
a Maryland limited liability company
Witness: By:
Print Name: Robb L. Merritt, President
Witness: (Corporate Seal)
Print Name:
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or El online
notarization, this day of , 2023, by ROBB L. MERRITT, as PRESIDENT of
MERRITT-JADO, LLC, a Maryland limited liability company, who is personally known to me or who has
produced , as identification.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
an independent special district established under
Chapter 94-491, Laws of Florida, Special Acts of
1994
Witness: By:
Print Name: Jeremy D. Johnston, P.E., M.B.A.
Executive Director
(Corporate Seal)
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑physical presence or❑online
notarization this day of , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me or who
has produced , as identification.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
OAKLEAF DISCOVERY
COMMERCE CENTER
3840 INTEGRITY WAY, BLDG. 1
3830 INTEGRITY WAY, BLDG. 2
& 3810 INTEGRITY WAY, BLDG. 3
Parcel Number: 18-04-25-007953-107-000
Official Records Book 4660, Page 707, Clay County, Florida
EXHIBIT "A"
PARCEL 7:
A parcel of land situated in Lot 4,Armstrong Plat, Clay County, Florida, according to plat thereof
recorded in Plat Book 59,pages 34 through 38 of the public records of said county, said parcel being
more particularly described as follows:
Commence at the southeast corner of said Lot 4; thence on the east line thereof, North 00 degrees 05
minutes 31 seconds East,260.03 feet;thence South 88 degrees 58 minutes 47 seconds West, 368.00 feet to
the point of beginning;thence continue South 88 degrees 58 minutes 47 seconds West,358.42 feet;thence
North 43 degrees 52 minutes 53 seconds West,263.96 feet;thence North 67 degrees 27 minutes 03 seconds
West, 107.96 feet; thence South 88 degrees 58 minutes 47 seconds West, 198.69 feet; thence North 41
degrees 18 minutes 18 seconds East, 33.42 feet; thence North 26 degrees 47 minutes 36 seconds East,
851.05 feet;thence North 62 degrees 26 minutes 05 seconds East, 160.01 feet;thence South 27 degrees 33
minutes 30 seconds East, 100.42 feet; thence southeasterly, along the arc of a curve concave northeasterly
and having a radius of 508.00 feet, an arc distance of 379.47 feet, said arc being subtended by a chord
bearing and distance of South 48 degrees 57 minutes 29 seconds East,370.71 feet;thence South 22 degrees
54 minutes 21 seconds West, 84.17 feet;thence South 00 degrees 05 minutes 48 seconds West,670.59 feet
to the point of beginning; being 13.15 acres, more or less, in area.
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EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Oakleaf Commerce Center
Engineer: Lyndsay Keller, P.E.
England-Thims &Miller, Inc.
14775 Old St. Augustine Road
Jacksonville, Florida 32258
Date: TBD
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
TBD
TBD
TBD
1
2
3
Cover Sheet FOR Signature Page General Notes and Legend
4 Master Site Plan TBD
5A-5B Site Geometry Plan TBD
6 Master Drainage Plan TBD
7A-7B Paving and Drainage Plan TBD
8A-8D Paving and Drainage Details TBD
9 Master Utility Plan TBD
10A-10B Water and Sewer Plan TBD
11A-11F Clay County Standard Utility Details TBD
12 Fire Main Restraint Schedule TBD
13 Sediment and Erosion Control Plan TBD
14A-14B Sediment and Erosion Control Details TBD
15 Stormwater Pollution Prevention Plan d TBD
16 SWPP—Contractors Certification TBD
LC-00 Landscape Cover Sheet TBD
LC-01 Landscape Code Calculations and Notes TBD
LC-02—LC-05 Landscape Plan TBD
LC-06 Landscape Specifications and Details TBD
LC-07 Landscape Details TBD
HB-01 —HB-04 Hose Bibb Plan TBD
HB-05 Hose Bibb Specifications and Details TBD
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EXHIBIT "C"
REUSE POLICY
PAGE 1 OF 2
Effective Date - Thirty (30) days after Board's approval of the policy, for all developments that have not
met the filing requirements of the County's Zoning Department,which requires each new development to be
reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC
approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water
and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for
a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed
timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was filed with
DRC prior to the effective date of this policy, within fifteen months after the effective date of the policy,
then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for 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.
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EXHIBIT "C"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with
the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for
the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are
required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for
the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water,
and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for
oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications
and details,shall apply to these reuse piping systems,the same as the potable water distribution systems and
wastewater collection systems.
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EXHIBIT "D"
ADDITIONAL PROVISIONS APPLICABLE TO
MASTER METERED
DEVELOPMENTS
PAGE 1 OF 1
For the Applicants applying to the Authority to master meter a multi-family or commercial development
which will be serving multiple tenants and where the entire project is to remain under single ownership and
the entire site will be master metered with all on-site utilities remaining under private ownership and
operation unless otherwise approved by the Authority, if the site is master metered, the Applicant or the
Customer must provide the following items for review and approval as part of the permit and plan review
process:
i.A water conservation plan indicating the processes and routine investments for operation and maintenance
of the private on-site distribution system. The water conservation plan shall demonstrate protection of the
water resource being provided on a master metered basis.
ii.Either a letter of credit or financial deposit in such an amount as to protect the credit risk to the Authority
being incurred for providing such utility services to the Applicant or the Customer on a master metered
basis, rather than being secured by separate utility deposits for individual meters.
o For residential multi-family developments, the letter of credit or financial deposit shall be
calculated based on the number of units within the development multiplied by the deposit
amounts specified in the Rate Resolution for a single-family residential home.
o For commercial developments,the letter of credit or financial deposit shall be calculated on
an ERC basis using the equivalent meter methodology described in Section 30 of the Service
Availability Policy.
iii.The Applicant's or the Customer's contractual acknowledgement and agreement that the Applicant or the
Customer,its successors and/or assignees,shall not be entitled to the benefit of Section 3.,subsections(18)
and(19),of the Rate Resolution regarding individual(non-master metered)customer adjustments,and may
not participate in the Authority's water leak credit program, nor in any other similar program designed to
help individually metered services not bear the full impact of a previously undetected leak or meter reading
error attributable specifically to an individually metered service, for any such master metered service
connection.
iv. The Applicant or the Customer, its successors and/or assignees, shall not add an administrative fee nor
upcharge water, wastewater, and reclaimed water, where available, services to the tenants of such master
metered developments.
C:\Users\mblaney\Desktop\Oakleaf Commerence Center BOS Request\Draft DA.Oakleaf Commerce Center..doc
Last printed 9/28/2023 3:11 PM
Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
OAKLEAF COMMERCE CENTER
3840 INTEGRITY WAY,BLDG. 1
Parcel Number: 18-04-25-007953-107-000 3830 INTEGRITY WAY,BLDG.2
Clay County &3810 INTEGRITY WAY,BLDG.3
(Spencer System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this day of
, 2023, by and between MERRITT-JADO, LLC, a Maryland limited liability company,
hereinafter referred to as "Developer",and CLAY COUNTY UTILITY AUTHORITY,an independent
special district established under Chapter 94-491,Laws of Florida,Special Acts of 1994,hereinafter referred
to as "Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in
Exhibit "A", attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal,and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,
central water, wastewater, and reclaimed water service to the Property and thereafter operate applicable
facilities so that the occupants of the improvements on the Property will receive adequate water,wastewater,
and reclaimed water service from the Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of potable water,wastewater,and reclaimed water service by the
Utility to the Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of Property represented by the cost of the wastewater collection system,potable water distribution system,
and reclaimed water distribution system constructed or to be constructed which Developer or owner
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to specified Property.
-2 -
(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 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 collection systems,
water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to
provide potable water,wastewater service,and reclaimed water service,Developer hereby agrees to pay to
Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability
Policy),upon execution of this Agreement in order to reserve capacity in the System:
(a) Potable Water Capacity Charge:
($450.00 x 0.00 ERCs) $ TBD *
Alternative Water Supply Surcharge:
($388.01 x 0.00 ERCs) $ TBD *
SJWMD Black Creek Water Resource Charge:
($105.19 x 0.00 ERCs) $ TBD *
Wastewater Capacity Charge:
($4,100.00 x 0.00 ERCs) $ TBD *
Reclaimed Water Capacity Charge:
($300.00 x 0.00 ERCs) $ TBD *
Debt Service Charge:
($191.00 x 0.00 ERCs) $ TBD *
(b) Main Extension Charge -Water $ TBD
Main Extension Charge -Wastewater $ TBD
Main Extension Charge -Reclaimed $ TBD
(c) Fire Protection Charge $ TBD
(d) Potable Meter Charge $ TBD
Reclaimed Meter Charge $ TBD
(e) Plan Review Fee $ TBD
(f) Inspection Fee $ TBD
*
*
*
*
*
*
(g) Recording Fee $ TBD *
Total $ TBD
*
* - Water and wastewater capacity charges will be determined after review of the architectural
plans for each building.Reclaimed water capacity charge will be determined after review of
the irrigation calculations for the property. The fire protection charge will be determined,
after review of the fire flow calculations and acceptance of plans. The potable meter charge
and reclaimed meter charge will be included in the revised agreement for this property,
pending Utility's Board of Supervisors review.Plan review fee,inspection fee,and recording
fee will be included in revised agreement for this property. All charges and fees will be in
accordance with Utility's approved Rate Resolution
Note: Items (e) and(f) are estimates and are subject to adjustment based on actual cost incurred.
- 3 -
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise, are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required, they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water,
wastewater,and reclaimed water systems for the project. The proposed electrical transformer layout of the
electric utility providing service must be provided to the Utility prior to commencement of construction.
-4 -
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.
-6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy, as then in effect. The same construction standards, warranty
requirements, maintenance bond requirements, transfer of title by Bill of Sale, and indemnification
requirements,as provided under paragraph 5 of this Agreement,shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility, and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility, and the requirements of the governmental authorities
having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions
in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in paragraphs 5,6,and 7 hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water,wastewater, and reclaimed water facilities to serve the Property in,under,upon,
over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and
utility sites. Mortgagees, if any,holding prior liens on the Property shall be required to release such liens,
subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to
Utility assurance by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee
would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and
wastewater collection facilities, save and except installations owned by Developer, or its successors or
assigns, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or
rights-of-way for utility purposes and there shall be adequate legal access to same.
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.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or
any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest
in and to such facilities or any part of them, for any purpose, including the furnishing of potable water,
reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of
the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property. However, all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 21/22-05
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner must inform Utility of its intent to discharge any floor finish stripper product and
waste. Upon notification, a permit application will be sent to Developer, tenant or the Property/project
owner to be completed and submitted to Utility for processing. A permit fee is not required by Utility for an
Industrial Pretreatment Permit. Failure to follow these procedures may result in termination of water and
wastewater service.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld 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 electronic mail (email) and if to
Developer, shall be mailed or delivered to Developer at:
Merritt-Jado, LLC
Attn: Robb L. Merritt
2066 Lord Baltimore Drive
Baltimore, MD 21244
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
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,wastewater and
reclaimed water 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 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.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water, reclaimed water, and wastewater services to Developer's project. Capacity reserved
hereunder cannot and shall not be assigned by Developer to Third Parties without the written consent of
Utility, except in the case of a bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water
and wastewater systems installed by Developer or Utility, in accordance with Utility's standard specifications,
details and notes,which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5
(d)herein;and the Utility's charges associated with the review and quality assurance of the CAD as-built survey
drawings will be paid directly by Developer's licensed underground utility contractor and shall be provided in
accordance with CCUA's"As-built Specifications Standards Manual",which can be obtained from the Utility's
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 water, wastewater or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water,reclaimed
water, and wastewater facilities that Utility agrees to own and maintain,and Developer shall be responsible for
providing the legal description for such easement to Utility.
33. The landscaping for this project(new or existing)shall not include the planting of any trees within
seven and one-half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains to be owned by
Utility.
34. Connection to the existing 8-inch water main,tap of the existing 8-inch reclaimed water main and
the construction of the water and reclaimed water services from the mains to the meter locations, shall be
installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the
requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and
maintain the tap through the meters and all facilities downstream of the meters shall be owned and maintained by
Developer. Utility shall have access to all of the water meters during normal business hours, for meter reading
purposes. All fire hydrants and water mains within the development are to be owned and maintained by
Developer.
35. Developer shall install or have installed a reduced pressure type backflow prevention device,
which shall be located immediately downstream of Utility's potable water meter for the buildings. Such
installation shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative
Services and Utility.Upon the completion of each installation of said device,Developer shall provide to Utility,
for its permanent records,the Make,Model,Size and Serial Number of said device. Furthermore,this device
must be tested and recertified by a certified backflow prevention technician annually or such other period as may
be required by Utility. Proof of the annual testing and re-certification must be submitted to Utility for its records.
This installation and annual re-certifications shall be the responsibility of the Developer, or its successors and
assigns.
36 Connection to the existing 8-inch gravity wastewater stub shall be installed by Developer's State
of Florida Licensed Underground Utility Contractor. Developer shall own and maintain all wastewater facilities
upstream of this connection point, including sewer mains, manholes and laterals.
37. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens)for
each floor drain that does not flow through a grease/sand interceptor,in accordance with Utility's requirements
for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand
interceptors,and such interceptors shall be subject to periodic unannounced inspections by Utility. Developer's
maintenance staff shall assist Utility personnel by removing the floor drain grates for this inspection of the
grit/sand collectors.Developer shall maintain records of maintenance and cleaning.Those records shall be made
available to the Utility upon request.
38. Where food preparation facilities or other facilities that are subject to discharge greases into the
wastewater collection system are part of the development of the property,or where floor drains are connected to
the wastewater collection system, Developer shall install or have installed a grease/sand interceptors for each
building,meeting the requirements of the Clay County Department of Health&Rehabilitative Services and the
Florida Building Code,which shall be designed and constructed in accordance with Utility's specifications for
same. Such installation shall be provided by a Florida Licensed Plumbing Contractor. The grease/sand
interceptor shall be designed for the facilities connected to same,however, in no event shall be the capacity be
less than standard per the current Florida building code. Developer shall also be responsible for the continued
maintenance and cleaning of said grease/sand interceptor facility, and such facility shall be subject to periodic
unannounced inspections by Utility. In addition, all floor drains shall be connected to the grease/sand
interceptor.
39. Air conditioning condensation discharge lines, or any other piping that may intentionally or
unintentionally drain storm water, shall not connect to Utility's wastewater system.
40. All water, reclaimed, and wastewater installations/connections shall be in accordance with the
accepted plans prepared by England-Thims & Miller, Inc., as described in Exhibit "B", or as modified in a
manner acceptable to Utility.
41. Developer shall be required to install all on-site reclaimed systems,as utilized for irrigation in full
compliance with Utility's Reclaimed Water Policy (i.e., "Reuse Policy"), an excerpt, in its current form, is
attached hereto as Exhibit"C".Developer shall require that this system be operated and maintained in accordance
with the rules and regulations of Utility, as well as all governmental agencies having jurisdiction over such
reclaimed water system, and all parcels lying within the Property are hereby so restricted.
42. All elements of the Florida Department of Environmental Protection rules and regulations
regarding the use of reclaimed water within the project will be adhered to at all times. This specifically pertains
to the Public Notice (posting of signs)provisions of the Florida Department of Environmental Protection rules
and regulations, as well as all specific requirements pertaining to the use of reclaimed water in public areas and
on roadways.
43. No wells shall be permitted within or upon the Property for any reason.
44. All irrigation contractors employed by Developer to install reclaimed water irrigation systems
within the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-
Connection Control Policy. Once registered, such irrigation contractor shall comply completely with Utility's
Cross-Connection Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted
for irrigation contractors that are not registered with Utility.
45. It is understood and agreed by Developer and Utility that the usage of each lease space(building
units)is undetermined at this time.Therefore,the connection charges in paragraph 4(a),will be determined after
review of the architectural plans for each building, and at minimum, Developer will be charged based on the
known square footage of each building. A supplemental agreement will be prepared to assess any additional
charges to the Property/project owner or Lessor,as the additional connection charges are determined. This will
be based on the appropriate calculation for the specific tenant occupying a space versus the square footage basis
of the calculation. For each supplemental agreement prepared, a service charge of$100.00 will be assessed to
prepare the agreement,in addition to the above-stated connection charges. At a very minimum,Developer shall
report to Utility fifteen(15) days prior to each space being occupied initially or in the future, so that the water
and wastewater connection charges can be determined.
Each supplemental agreement shall be executed and paid within thirty days (30) and shall become
delinquent on the thirty-first(315t) day if not paid. Service may be temporarily interrupted to the Property until
such outstanding agreement is fully satisfied. Utility shall not be liable for any damages or otherwise due to
temporary service interruptions.
Developer hereby agrees that an internal and external audit of each building may be conducted by the
Utility at any time.
It shall be Developer's responsibility to report to Utility at least fifteen(15)days prior to a proposed new
tenant occupying each space before occupancy. Utility will evaluate and determine if any pretreatment
requirements will be necessary for each tenant. If so, Utility will notify Developer and the Developer shall
ensure compliance to Utility. If the wastewater discharge from a tenant's operation is required to meet Utility's
Pretreatment Policy,then a modification to this agreement will be required to specifically identify the approved
pretreatment requirement.
46. Developer has requested the use of one master meter to provide potable water service to the
proposed Development. Therefore, this Agreement is subject to the terms and conditions set forth in Utility's
approved Rate Resolution and Service Availability Policy, as described in Exhibit"D".
47. 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
associated with the Property when such development is initiated.
48. The construction of this project will not commence until Developer has meet the terms and
conditions set forth in Utility's approved Rate Resolution and Service Availability Policy,referenced in Exhibit
"D"and Utility has received all necessary permits,easements,this Agreement is executed,and the charges stated
herein are paid.
49. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2024,and the construction of the utilities shall be commenced prior to October 1,
2024,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 1,2024;and this Agreement is subject to any material cost increases which Utility may experience after
October 1, 2024.
[Signatures Begin Next Page]
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:
MERRITT-JADO, LLC,
a Maryland limited liability company
Witness: By:
Print Name: Robb L. Merritt, President
Witness: (Corporate Seal)
Print Name:
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or El online
notarization, this day of , 2023, by ROBB L. MERRITT, as PRESIDENT of
MERRITT-JADO, LLC, a Maryland limited liability company, who is personally known to me or who has
produced , as identification.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
an independent special district established under
Chapter 94-491, Laws of Florida, Special Acts of
1994
Witness: By:
Print Name: Jeremy D. Johnston, P.E., M.B.A.
Executive Director
(Corporate Seal)
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑physical presence or❑online
notarization this day of , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me or who
has produced , as identification.
Print Name:
Notary Public
State of Florida at Large
My Commission Expires:
OAKLEAF DISCOVERY
COMMERCE CENTER
3840 INTEGRITY WAY, BLDG. 1
3830 INTEGRITY WAY, BLDG. 2
& 3810 INTEGRITY WAY, BLDG. 3
Parcel Number: 18-04-25-007953-107-000
Official Records Book 4660, Page 707, Clay County, Florida
EXHIBIT "A"
PARCEL 7:
A parcel of land situated in Lot 4,Armstrong Plat, Clay County, Florida, according to plat thereof
recorded in Plat Book 59,pages 34 through 38 of the public records of said county, said parcel being
more particularly described as follows:
Commence at the southeast corner of said Lot 4; thence on the east line thereof, North 00 degrees 05
minutes 31 seconds East,260.03 feet;thence South 88 degrees 58 minutes 47 seconds West, 368.00 feet to
the point of beginning;thence continue South 88 degrees 58 minutes 47 seconds West,358.42 feet;thence
North 43 degrees 52 minutes 53 seconds West,263.96 feet;thence North 67 degrees 27 minutes 03 seconds
West, 107.96 feet; thence South 88 degrees 58 minutes 47 seconds West, 198.69 feet; thence North 41
degrees 18 minutes 18 seconds East, 33.42 feet; thence North 26 degrees 47 minutes 36 seconds East,
851.05 feet;thence North 62 degrees 26 minutes 05 seconds East, 160.01 feet;thence South 27 degrees 33
minutes 30 seconds East, 100.42 feet; thence southeasterly, along the arc of a curve concave northeasterly
and having a radius of 508.00 feet, an arc distance of 379.47 feet, said arc being subtended by a chord
bearing and distance of South 48 degrees 57 minutes 29 seconds East,370.71 feet;thence South 22 degrees
54 minutes 21 seconds West, 84.17 feet;thence South 00 degrees 05 minutes 48 seconds West,670.59 feet
to the point of beginning; being 13.15 acres, more or less, in area.
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EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Oakleaf Commerce Center
Engineer: Lyndsay Keller, P.E.
England-Thims &Miller, Inc.
14775 Old St. Augustine Road
Jacksonville, Florida 32258
Date: TBD
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
TBD
TBD
TBD
1
2
3
Cover Sheet FOR Signature Page General Notes and Legend
4 Master Site Plan TBD
5A-5B Site Geometry Plan TBD
6 Master Drainage Plan TBD
7A-7B Paving and Drainage Plan TBD
8A-8D Paving and Drainage Details TBD
9 Master Utility Plan TBD
10A-10B Water and Sewer Plan TBD
11A-11F Clay County Standard Utility Details TBD
12 Fire Main Restraint Schedule TBD
13 Sediment and Erosion Control Plan TBD
14A-14B Sediment and Erosion Control Details TBD
15 Stormwater Pollution Prevention Plan d TBD
16 SWPP—Contractors Certification TBD
LC-00 Landscape Cover Sheet TBD
LC-01 Landscape Code Calculations and Notes TBD
LC-02—LC-05 Landscape Plan TBD
LC-06 Landscape Specifications and Details TBD
LC-07 Landscape Details TBD
HB-01 —HB-04 Hose Bibb Plan TBD
HB-05 Hose Bibb Specifications and Details TBD
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EXHIBIT "C"
REUSE POLICY
PAGE 1 OF 2
Effective Date - Thirty (30) days after Board's approval of the policy, for all developments that have not
met the filing requirements of the County's Zoning Department,which requires each new development to be
reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC
approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water
and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for
a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed
timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was filed with
DRC prior to the effective date of this policy, within fifteen months after the effective date of the policy,
then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for 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.
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EXHIBIT "C"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with
the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for
the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are
required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for
the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water,
and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for
oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications
and details,shall apply to these reuse piping systems,the same as the potable water distribution systems and
wastewater collection systems.
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EXHIBIT "D"
ADDITIONAL PROVISIONS APPLICABLE TO
MASTER METERED
DEVELOPMENTS
PAGE 1 OF 1
For the Applicants applying to the Authority to master meter a multi-family or commercial development
which will be serving multiple tenants and where the entire project is to remain under single ownership and
the entire site will be master metered with all on-site utilities remaining under private ownership and
operation unless otherwise approved by the Authority, if the site is master metered, the Applicant or the
Customer must provide the following items for review and approval as part of the permit and plan review
process:
i.A water conservation plan indicating the processes and routine investments for operation and maintenance
of the private on-site distribution system. The water conservation plan shall demonstrate protection of the
water resource being provided on a master metered basis.
ii.Either a letter of credit or financial deposit in such an amount as to protect the credit risk to the Authority
being incurred for providing such utility services to the Applicant or the Customer on a master metered
basis, rather than being secured by separate utility deposits for individual meters.
o For residential multi-family developments, the letter of credit or financial deposit shall be
calculated based on the number of units within the development multiplied by the deposit
amounts specified in the Rate Resolution for a single-family residential home.
o For commercial developments,the letter of credit or financial deposit shall be calculated on
an ERC basis using the equivalent meter methodology described in Section 30 of the Service
Availability Policy.
iii.The Applicant's or the Customer's contractual acknowledgement and agreement that the Applicant or the
Customer,its successors and/or assignees,shall not be entitled to the benefit of Section 3.,subsections(18)
and(19),of the Rate Resolution regarding individual(non-master metered)customer adjustments,and may
not participate in the Authority's water leak credit program, nor in any other similar program designed to
help individually metered services not bear the full impact of a previously undetected leak or meter reading
error attributable specifically to an individually metered service, for any such master metered service
connection.
iv. The Applicant or the Customer, its successors and/or assignees, shall not add an administrative fee nor
upcharge water, wastewater, and reclaimed water, where available, services to the tenants of such master
metered developments.
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