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HomeMy WebLinkAbout06.e.01 DA CU23.24-2 - Challenger Townhomes Return to. CU23/24-2 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 CHALLENGER TOWNHOMES—244 UNITS Parcel No.: 20-04-25-007968-006-00 Clay Utility System Clay County (Name of Project) DEVELOPER AGREEMENT THIS AGREEMENT GRANTS TO THE"UTILITY" (AS HEREINAFTER DEFINED) AN ENFORCEABLE LIEN ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN (THE"PROPERTY") FOR CERTAIN DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE. THIS DEVELOPER AGREEMENT("Agreement"), made and,entered into this day of 140vel1,r, 2023, by and between CHALLENGER CENTER 244,LLC a Delaware limited liability company, hereinafter referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY, an independent special district established under Chapter 94-491,Laws of Florida, Special Acts of 1994, hereinafter referred to as "Utility". WHEREAS, Developer desires that the Utility provide central potable water, pumping, treatment and distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water service for the Property; WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and reclaimed water service from the Utility; and WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of potable water and wastewater service by the Utility to the Property. NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of delivery. (b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of property represented by the cost of the wastewater collection system, potable water distribution system, and reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees to transfer,to Utility, if so designated by the Utility,at no cost to Utility to provide utility service to the Property. (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. -2- (d) "Point of Delivery" - The point where the pipes or meter of Utility are connected with the pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the consumer's side of the meter and for wastewater service at the lot or property line. Utility shall, according to the terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong to others. (e) "Service" -The readiness and ability on the part of Utility to furnish and maintain potable water, reclaimed water, and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of applicable regulatory agencies. 3. Assurance of Title-Developer represents and warrants that Developer is the owner of the Property and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages, taxes, liens and covenants. 4. Connection Charges-In addition to the contribution of any wastewater collection systems,potable water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this Agreement in order to reserve capacity in the System: (a) Water Capacity Charge: ($450.00 x 244.00 ERCs) $ 109,800.00 * Alternative Water Supply Charge: ($388.01 x 244.00 ERCs) $ 94,674.44 * SJWMD Black Creek Water Resource Charge: ($105.19 x 244.00 ERCs) $ 25,666.36 * Wastewater Capacity Charge: ($4,100.00 x 244.00 ERCs) $ 1,000,400.00 * Total Capacity Charges to be Deferred $ 1,230,540.80 (b) Reclaimed Water Capacity Charge: ($300.00 x 19.00 ERCs) $ 5,700.00 **** Debt Service Charge: ($191.00 x 244.00 ERCs) $ 46,604.00 (c) Main Extension Charge—Water $ 96,901.96 ** Main Extension Charge—Wastewater $ 156,576.44 ** Main Extension Charge—Reclaimed Water $ 86,791.51 ** (d) Meter Installation Charge $ N/A *** Effluent Reclaimed Meter Installation $ 1,507.77 **** (e) Plan Review Fee $ 1,424.50 (f) Inspection Fee $ 6,061.72 (g) Recording Fee $ 150.75 Subtotal $ 1,632,259.45 Less Main Ext. Charges Paid in Partial Release of Lien $ 340,269.91 Less Total Capacity Charges to be Deferred $ 1,230,540.80 Total due at execution of Developer Agreement $ 61,448.74� * - Includes 244 water and wastewater ERCs, based on (244) two hundred forty-four townhomes, which are deferred and to be paid at the time of application for service via meter install, in accordance with the Utility's then-current Rate Resolution. ** - Main Extension Charges totaling $340,269.91 were paid in the Partial Release of Lien for Unpaid Infrastructure Cost,on September 25,2023,recorded in Official Records Book 4760,pages 1238 through 1240. *** - The potable water meters will be paid by each builder or customer upon application for building water for each townhome (does not include meter boxes). **** - Includes 19.00 ERC's for reclaimed irrigation water service for the property(based on 5,128.77 AGPD) one 3-inch reclaimed water meter for irrigation (does not include a meter box). Note: Items(e) and(f) are estimates and are subject to adjustment based on actual cost incurred. -3- Method of Payment/Security Interest- Utility agrees to defer payment and collection of certain capacity charges as set forth above on an individual per lot basis,until such time as water service is applied for as to such lot within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public records of Clay County, Florida. The lien hereby created will be released by Utility on a lot by lot basis upon payment to Utility of the capacity charges assigned to the lot(s)to be released. The party requesting the release shall be responsible for recording the release in the public records. The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994 (the"Act"),which is recorded in OR BK 1524, PG 1798-1836,public records of Clay County, Florida. Specific reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part that the priority of such lien"... shall be superior and paramount to the interest on such parcel or property of any owner, lessee,tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes." Utility shall not be obligated to provide the services herein for any particular lot or parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel. Payment of the charges in paragraph 4 does not and will not result in Utility waiving any of its rates or rules and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making payment of same.Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges paid. Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any of the Property by,through or under Developer, or otherwise, shall have any present or future right,title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or wastewater facilities and properties of Utility, and all prohibitions applicable to Developer with respect to no refund of such charges, no interest payment on said charges and otherwise, are applicable to all persons or entities. Paid capacity or connection charges may not be applied to offset any service bill or other claims of Utility. 5. On-Site Installations-On-site facilities are those located within the Property for which Developer is requesting service. Developer shall convey to Utility, if so designated by Utility,all on-site water and wastewater lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively referred to as"Components" or"On-Site System")on the Property with all contractual guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is conveyed,the same shall be operated and maintained by Developer. In its sole discretion,Utility may decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other arrangement as it deems appropriate. Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve the construction of the on-site installations which shall be owned and maintained by Utility,if so designated by Utility. The Utility shall also have the right to review all plans and specifications, connections to its system and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for facilities which are to be owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs for such inspection, including all overhead associated with same. Where on-site temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred percent(100%)by the Developer without any provision for refund. Utility reserves the right to require backflow prevention devices on all potable water service connections. -4- The On-Site System shall be constructed in compliance with all regulatory requirements and the specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved Developer's contractor and the plans and specifications for construction of the potable water,reclaimed water,and wastewater systems for the project. The proposed electrical transformer layout of the electric utility providing service must be provided to the Utility prior to commencement of construction. Developer shall guarantee Utility against defects in material and workmanship for the portion of the On-Site System to be owned by the Utility or County,if so designated by Utility. Developer shall secure from its contractor a written and fully assignable warranty that the system installed will be and remain free from all defects, latent or otherwise,with respect to workmanship, materials and installation in accordance with Utility-approved plans and specifications,for a period of two(2)years from the date of the system acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility on or before such date. The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,which by its or their express terms protect and indemnify Utility against any loss,damage,costs,claims,debts or demands by reason of defects,latent or otherwise, in the system to be and remain in effect for two (2)years from the date of the system acceptance by Utility. In addition to any other promises, guarantees or warranties to be provided by Developer to the Utility hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs, claims, debts or demands by reason of defects, latent or otherwise,in the system which could not have been reasonably discovered upon normal engineering inspection,to be and remain in effect for a period of two (2)years from the date of the system's acceptance by Utility. Developer agrees to transfer to Utility, if so designated by Utility, title to all water distribution and wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed shall be owned and maintained by it pursuant to the provisions of this Agreement and shall: (a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water distribution, reclaimed water distribution, and wastewater collection systems. (b) Provide copies of invoices and Release of Liens from contractor for installation of the utility systems as well as for any repairs to the Systems which may have been caused by other subcontractors during construction. (c) Assign any and all warranties and/or maintenance bonds as set forth herein. (d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's specifications, and other documents required for operation of the utility system. (c) 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. (0 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. -5- 6. Off-Site Installations-Developer shall further construct all transmission mains,pump stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's transmission system, as determined by Utility. Utility may require Developer to oversize off-site transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The costs associated with construction of over-sized facilities which provide Utility with excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy,as then in effect. The same construction standards,warranty requirements,maintenance bond requirements,transfer of title by Bill of Sale,and indemnification requirements,as provided under paragraph 5 of this Agreement,shall also apply to the Off-Site installations. 7. Agreement to Serve-Upon the completion of construction of the On-Site and Off-Site Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the connection of the wastewater collection facility,potable water distribution facility,and/or reclaimed water facility installed by Developer to the central facilities of Utility in accordance with all rules, regulations and orders of the applicable governmental authorities. Utility agrees that once it provides potable water, reclaimed water, and/or wastewater service to the customers within the Property that it will continuously provide such service, at its cost and expense, but in accordance with the other provisions of this Agreement,the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions in service as a result of equipment failure, emergencies or Act of God. The covenants and agreements of Developer contained in Paragraphs 5, 6, and 7, hereof shall survive Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the Property. Should any such covenant or agreement of Developer in fact be outstanding following either or both of such dates, then,notwithstanding any contrary provision contained herein,Utility may,upon thirty(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in service as a result of any action authorized or permitted by this paragraph. 8. Application for Service-Developer,or any owner of any parcel of the Property,or any occupant of any residence, building or unit located thereon shall not have the right to and shall not connect any consumer installation to the facilities of Utility until formal written application has been made to Utility by the prospective user of service,or either of them,in accordance with the then effective rules and regulations of Utility and approval for such connection has been granted. 9. Easements-Developer hereby grants and gives to Utility, its successors and assigns,but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable water,reclaimed water,and wastewater facilities to serve the Property in,under,upon,over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of a "non-disturbance agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and wastewater collection facilities, save and except installations owned by Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same. The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the potable water, reclaimed water, and wastewater industry with respect to the installation of all its facilities in any of the easement areas. -6- 10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable water, reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable water,reclaimed water and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or any residence, building or unit constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of them,for any purpose,including the furnishing of potable water,reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of the Property. 11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable water services or sanitary wastewater services to the Property during the period of time Utility provides potable water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of such residence, building or unit constructed thereon. 12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by the Board of Supervisors of Utility as may be amended from time to time. However,notwithstanding any provision in this Agreement, Utility, its successors and assigns, may establish, amend or revise, from time to time in the future, and enforce in a reasonable manner, rates or rate schedules so established. Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time, in the future, and enforce rules and regulations covering potable water and wastewater services to the Property. However,all such rules and regulations so established by Utility shall at all times be reasonable and subject to such regulations as may be provided by law or contract. 13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the Utility. Should any non-domestic wastes,grease or oils,including,but not limited to,floor wax,paint,chlorides,or salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for payment of the cost and expense required in correcting or repairing any resulting damage to the system or property of third parties. 14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and responsibilities of Developer as set forth in this Agreement. 15. Notice-Until further written notice by either party to the other,all notices provided for herein shall be in writing and transmitted by messenger, by mail or by electronic mail, and if to Developer, shall be mailed or delivered to Developer at: Challenger Center 244, LLC Mr. Bill Southworth 726 2nd. Street, Suite 2A Annapolis, MD 21403 -l- and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 or at such other address as specified in writing by either party to the other. 16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable. 17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this Agreement by court proceedings,by instituting suit or otherwise,then venue shall lie in Clay County,Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable attorney's fees. 18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or interrupted in consequence of any cause beyond the control of either party,including,but not limited to Act of God or of the public enemy,war, national emergency, allocation or of other governmental restrictions upon the use or availability of labor or materials, civil disorder, strike, embargo, natural disaster or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party shall not be liable for such non-performance. 19. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which it may become subject by reason of or arising out of Developer's performance of this Agreement. This indemnification provision shall survive the actual connection to Utility's potable water, reclaimed water and wastewater systems. MISCELLANEOUS PROVISIONS 20. The rights, privileges, obligations and covenants of Developer and Utility shall survive the completion of the work of Developer with respect to completing the facilities and services to any development phase and to the Property as a whole. 21. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between Developer and Utility, made with respect to the matters herein contained, and when duly executed,constitutes the agreement between Developer and Utility. No additions,alterations or variations of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party,unless such additions, alterations,variations or waivers are expressed in writing and duly signed. 22. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 24. The submission of this Developer Agreement for examination by Developer does not constitute an offer but becomes effective only upon execution thereof by Utility. 25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. -8- 26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable water, reclaimed water, and wastewater services to Developer's project. Developer understands and agrees that capacity reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the case of a bona-fide sale of Developer's property. 27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer. 28. The parties hereto recognize that prior to the time Utility may actually commence upon a program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval from various state and local governmental authorities having jurisdiction and regulatory power over the construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly make the necessary proper applications to all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may require the payment of a reasonable fee to defray Utility's legal, engineering, accounting and administrative and contingent expense. 29. It shall be Developer's responsibility toprovide acceptable as-built drawings of the potable water, p P n' p g wastewater and reclaimed water systems installed by Developer,in accordance with Utility's standard specifications, details and notes,which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5(d) herein;and Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility contractor and shall be provided in accordance with CCUA's "As-built Specifications Standards Manual", which can be obtained from the Utility's website (www.clayutility.org).It shall be Developer's responsibility to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the required as-built drawing procedures. 30. It shall be Developer's responsibility or Developer's customers' responsibility, who utilize the project's water,wastewater, and reclaimed services within Developer's project,to apply to Utility for service after the installation of the water,wastewater,and reclaimed utilities have been completed and accepted by Utility. Upon completion of application for water,wastewater,and reclaimed services 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,wastewater, and reclaimed water facilities that Utility agrees to own and maintain, and Developer shall be responsible for providing the legal description for such easement to Utility. 33. The landscaping for this Project(new or existing) shall not include the planting of any trees within seven and one-half feet(7 ft. 6 in.) of any of the water,wastewater and/or reclaimed water mains to be owned by Utility. 34. Connection to Utility's existing 10-inch water stub for the property,existing 6-inch reclaimed water stub for the property 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. X;\PROJECTS\Job File.\Current\2022-138 Challenger Townhomes\C Developer Agreement\AGR.Challenger Townhomes DEFERRED 244 Una..JMS.doe -9- 35. Utility requires verification that each individual tow'nhome unit is connected to the proper meter,and that no outside hose bibbs, that may be used by other tenants, are connected to the same meter as an individual townhome unit. Developer shall require his contractor to assist Utility in gaining access to each townhome unit in order to conduct this investigation as the meters are installed. 36. Developer shall connect to Utility's existing sanitary sewer manhole and the connection to Utility's system shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance.All wastewater mains 8- inch and larger in size,which are terminated by a manhole at each end,shall be owned and maintained by Utility, including mains 8-inch and larger in size that are stubbed for future extensions,and all wastewater laterals from the 8-inch wastewater main to the Developer's Property line/right-of-way line for each lot. All such facilities shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. All service lateral lines servicing Developer's Property,which are located upstream of such facilities shall be Developer's responsibility for ownership and maintenance. 37. Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain storm water shall not connect to Utility's wastewater system. 38. 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. 39. No wells shall be permitted within or upon the Property for any reason. 40. Developer shall be required to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy(i.e.,"Reuse Policy"),a true copy of which,in its current form,is attached hereto as Exhibit "B", and shall require that 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. 41. 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. 42. The charges shown on page 2, paragraph 4 (a) through (g) of this Agreement, are to assess the charges for Challenger Townhomes,as shown on the plans prepared by England-Thims&Miller,Inc.(see Exhibit "C"),and do not include any other developments(future additions,buildings and/or out parcel projects,etc.)that are planned for this Property. 43. The construction of this project will not commence until Utility is in receipt of an executed Agreement, the charges due from Developer stated herein are paid, and all permits and easements have been received. 44. This Agreement will need to be executed by Developer and 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. X:U'ROJECTSVob Files\Current\2022-138 Challenger Townhomes\C Developer Agrcement\AGR.Ch:Jlenger Tnanhomec DEFERRED 2JJ Unie.JMS.doe • -10- 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: CHALLENGER CENTER 244,LLC, a Delaware.limited liability company, By: Builder Capital, LLC,a Delaware limited liability company, its: Manager By: Arizona Crows Nest Ventures,LLC, an Arizona limited liability company, its: ager Witness: ` `'L�'t By: Print Name: William Southw , ole Member Witness:, 7/11/47.4. Print Name: 4 STATE OF M '( ° COUNTY OF 'Anne, Prn.) P' The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this 49 ) day of©CA ,2023,by WILLIAM SOUTHWORTH,as SOLE MEMBER of ARIZONA CROWS NEST VENTURES, LLC an Arizona limited liability company, the MANAGER of BUILDER CAPITAL, LLC, a Delaware limited liability company, the MANAGER of CHALLENGER CENTER 244,LLC, a Delaware limited liability company,who is personally known to me or has produced , as identification. ,�P�tRY -°'. Print Nam Okair(Ll EiLeXLO ;vsEx Mtio ;; Notary Public o �O Tq,4` State of Maryland ^ My Commission Expires: 5 t.g`'^ st t I a9- ''°'R/Ck COUy.,`%ss X:\FROJECTS\Job Files\Canent\2022-138 Challenger Tmvohomes\C Developer AgreementlAGRChallenger Tovmhomes DEFERRED 244 UnitS.JMS doe • • -11- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY iiiiiiik Witne-- N'L , By: l Print 0-1 t,0 NA. SM 1VF) C rem D nston, .E.,M.B.A. • ecu ve �_ (Corporate Seal) Witness: 0. r°fai Print Name: ul'Y1r STATE OF FLORIDA COUNTY OF CLAY • The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this gird day of Kovemb .( , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. op A MU go%i1 0i014 4J ►,/ Notary Public State of Florida Print Name: Summer P. Bern•t ;Q a Summer P E Berndt Notary Public My Commission GG 950878. 14,aae Expires 01/26/2024 State of Florida at Large My Commission Expires: O1/a140),Q11 X:WROJECTSUob Files\Current\2022-138 Challenger Townhomes\C Developer AgreementMGR.Challengcr Townhomcs DEFERRED 244 Uni.IMS.doc n CHALLENGER TOWNHOMES 244 UNITS Parcel No.: 20-04-25-007968-006-00 Official Records Book 4725, Page 475,Public Records, Clay County, Florida EXHIBIT "A" A portion of Section 20,Township 4 South,Range 25 East, Clay County,Florida,being a portion of those lands described and recorded in Official Records Book 1953, page 1097, of the Public Records of said county,being more particularly described as follows: For a Point of Reference,commence at the Southeast corner of the Northwest one-quarter(1/4)of said Section 20; thence North 89°32'36"West,along the South line of said Northwest one-quarter (1/4) of Section 20, a distance of 634.42 feet to a point lying on the Easterly line of those lands described and recorded in Official Records Book 4439,page 1817, of said Public Records;thence South 00°30'18" West, departing said South line and along said Easterly line, 352.79 feet to the Point of Beginning. From said Point of Beginning, thence North 49°35'36"East, departing said Easterly line, 438.53 feet; thence North 78°15'52"East, 223.84 feet; thence South 53°16'03"Fast, 326.37 feet; thence South 02°49'28" East, 273.47 feet; thence North 83°52'58" East, 71.41 feet; thence South 06°07'02" East, 25.00 feet; thence South 83°52'58" West, 66.42 feet; thence South 05°16'32" West,205.45 feet;thence North 69°30'12"East, 155.44 feet;thence South 89°16'39"East,267.76 feet; thence South 70°38'00" East, 300.01 feet; thence South 79°46'17"East, 551.62 feet;thence South 05°59'05" West,249.83 feet;thence South 45°25'06"-West, 358.45 feet to a point lying on the Northerly right of way line of Brannan Mill Boulevard(Atlantis Drive),a 100 foot right of way as presently established;thence Westerly along said Northerly right of way line and along the arc of to a non-tangent curve concave-Southerly having a radius of 1050.00 feet, through a central angle of 51°52'33", an arc length of 950.68 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 70°30'07" West, 918.54 feet; thence South 83°33'37" West, continuing along said Northerly right of way line, 921.84 feet to the Southeasterly corner of said Official Records Book 4439,page 1817;thence North 00°30'18"East, departing said Northerly right of way line and along said Easterly line of Official Records Book 4439,page 1817,a distance of 810.75 feet to the Point of Beginning. EXHIBIT "B" REUSE POLICY PAGE 1 OF 2 Effective Date- Thirty (30) days after Board's approval of the policy, for all developments that have not met the filing requirements of the County's Zoning Department,which requires each new development to be reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed timely for the prior policy to apply. If the developer has not commenced substantial construction on his project, which was filed with DRC prior to the effective date of this policy, within fifteen months after the effective date of the policy, then said development shall come under the provisions of this policy. Applicability - This policy will be applicable to all developments that file for a Development Review Committee review after the effective date of this policy. This shall include: A. Developments occurring under Development of Regional Impact(DRI)agreements which may not be technically required to install residential reuse, but who choose to do so in settlement of minor and/or major modifications to the structure and composition of developments within the DRI.These shall be regulated and charged under this proposed policy and effective date criteria the same as all other developments. B. Exceptions to the applicability of this policy and/or effective date are as follows: 1. Developments occurring under DRI agreements or Florida Quality Development (FQD) agreements, which are not required by said agreement to install residential reuse and who do not volunteer to provide residential reuse piping systems. 2. Developments which, as of the date of enactment of this policy, own and maintain their own reuse pumping plant and purchase bulk service from the CCUA. 3. Developments which have prepaid connection fees prior to January 1, 1998, at a prior approved rate and still have an inventory of prepaid connections, shall be exempt until such prepaid connections are used up. 4. Developments and/or communities that own, operate and maintain their own reuse infrastructure as of January 1, 1998. Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water When it is Available-All developments occurring after the effective date of this policy will be reviewed by the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall include commercial,public facilities, industrial, as well as residential developments. Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will be Required- (1) Financial feasibility of extending a trunk main to an area at that time,or some planned future date, to provide reuse water to the proposed reuse system. This item shall consider the size of the development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining developable property in the area,complexity of existing development of area which trunk mains must pass through, natural geographical barriers (or obstacles), environmental damage, etc. EXHIBIT "B" REUSE POLICY PAGE 2 OF 2 (2) Remaining developable land in the area(new area with very little existing development and much growth potential will be considered more feasible than an already built-out area). (3) Availability of adequate reuse water within a reasonable time to service the reuse system. (4) CCUA's budgetary restraints. (5) Length of time before a reuse plant or pump station is expected to be built in the area. Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it will not be practical to require all areas to install reuse piping systems. All developments that are not required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse system installations at a rate set forth in the "proposed charges for service availability". Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping systems are required shall install or require the installation of an automatic sprinkler irrigation system acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and timers. Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems in an effort to eliminate any potential cross connection with the potable water system. In this regard, all irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with the CCUA. Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping systems available shall be required to pay the Base Facility Charge for reuse water whether they use the reuse water or not. Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for the installation of a reuse meter at the same time the domestic meter is requested. Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for irrigation purposes. Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications and details,shall apply to these reuse piping systems,the same as the potable water distribution systems and wastewater collection systems. EXHIBIT "C" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Challenger Townhomes Engineer: Matthew Guilbeault, P.E. England-Thims &miller, Inc. 14775 Old St. Augustine Road Jacksonville,Florida 32258 Project No.: 21-404-01 Date: May 30, 2022 Engineer Drawing Description Latest Number Engineer Approved Plan Date 1 COVER SHEET 10/20/2022 2A-2B GENERAL NOTES 10/20/2022 3 MASTER SITE PLAN 10/20/2022 4 DEMOLITION PLAN 10/20/2022 5A-5E SITE GEOMETRY 10/20/2022 6A PRE DEVELOPMENT 10/20/2022 6B POST DEVELOPMENT 10/20/2022 7-7E MASTER PAVING&DRAINAGE PLAN 10/20/2022 4iA TYPICAL SECTION 10/20/2022 9B-9D PAVING AND DRAINAGE DETAILS 10/20/2022 9E CONTROL STRUCTURES 10/20/2022 10A-1 OC ROADWAY PROFILES 10/20/2022 11A-11D NEIGHBORHOOD GRADING PLAN 10/20/2022 12-12D MASTER WATER.AND SEWER PLAN 10/20/2022 S-SPD CCUA STANDARD SPECIFICATIONS 10/20/2022 WAT 01-WAT 04 CCUA WATER DETAILS 10/20/2022 S-SEW CCUA SEWER DETAILS 10/20/2022 S-UTC1 -S-UTC2 CCUA UTILITY CROSS SECTIONS 10/20/2022 SEDIMENT&EROSION CONTROL PLAN AND 14-15 DETAILS 10/20/2022 STORMWATER POLLUTION PREVENTION 16 PLAN 10/20/2022 17 CONTRACTORS CERTIFICATION 10/20/2022 LC-00-LC12 LANDSCAPE COVER SHEET&PLANS 10/20/2022 HOSE BIBB PLAN SPECIFICATIONS AND HB-01-HB-08 DETAILS 10/20/2022 X.\PR03ECTSVnh Files\Cur nt\2022-13g Challenger Tnwnhnmc C Developer AgrecmenMCR.Challrnper Tmrmhnma;DEFERRED 2JJ Unit;IMS.Anc �N�j W ' E NVS Challenger Townhomes 244 Units PS#189 r / Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field verify all site,property,infrastructure,and utility information prior to any decisions or actions. CC UA (1, -( CO6-. Title: ___ si- Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: C � Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features 'a Phone 904 272-5999 ill■ Gravity Sewer Features t11/3/2023,4:48:53 PM �� Conservation.Commitment.Community ill■ Forced Sewer Features �TYAUTN� 1 inch = 400 feet - Reclaimed Features