HomeMy WebLinkAbout06.e.09 Termination of Developer Agreement KU21.22-41 TERMINATION OF DEVELOPER AGREEMENT
STATE OF FLORIDA
COUNTY OF CLAY
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and legal sufficiency of which
is hereby expressly acknowledged, the undersigned, CLAY COUNTY UTILITY AUTHORITY, an
independent special district of the State of Florida, as the "Utility", and James F. Shockley and Karen F.
Shockley, being the owners (the "Owners") of that real property situate in.Clay County, Florida (the
"Property") being described in that certain Developer Agreement (herein so called) between the Utility
and Owners as "Developer" therein, dated December 10, 2021, duly recorded in Official Records Book
4560,Page 1159,of the current public records of Clay County,Florida, do hereby terminate the Developer
Agreement, and release the Property from any and all obligations in connection therewith.
Executed and dated as set forth below by the Utility and the Owners, below.
The Utility:
Witness to the Utility: CLAY COUNTY UTILITY AUTHORITY,
an Independent Special District
N-01.A.
of the State of Flof
0A_.
itn ss Si at1ure Above
Print N . W- i`er- efrrinr- By:•_`�
e; �. John,.ton, P.E., M.B.A.
xe ._ - for
�V •..ne `.'
,1fY11'Yl0 • °`al
Witness Signature Above
Print Name: .Sthrvit2rP• Berndt- (Seal)
Date: liDVernte(3 , 2023
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization, this 3(r day of Koveater , 2023, by JEREMY JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY, who is personally known
to me.
(Notary Seal) dk I' Atli. �4�►
Notary Public, State of.F orida
4,0 Pic Notary Public State of Florida
Summer P E Berndt
My Commission GG 950878.
Expires01l28/2024
The Owner: '
o i
it,. •• tot eO, el ' ,
�/.►F,/i_ A ���� B (Seal)
" ness Sign re Abe e //t�i James F. Shockley
l i -�
Print Name: ISa., •CI s rii
Witness Signature Above
Print Name: Summer P. Berndt
Date: Citter 31 , 2023
STATE OF Fiondc
COUNTY OF ow
The foregoing instrument was acknowledged before me by means of 0 physical presence or LI
online notarization, this_ 3IS+ day of Oc4Obec- , 2023, by JAMES F. SHOCKLEY, who is
personally known to me or has produced Fio i(jci DrivecS ocen4Se. , as identification.
(Notary Seal) --AlLeMa—P—t&etr
40 Notary Public State of Florida gu
�� �4 . Summer P E Bemdt Notary Public, toMrai r 6rndt
A.secoe
Mp Creosmm1i620 GG 950878.
The Owner:
' 1t0 th- o' e ,
_ a% .1,..A , By: _1 al
MIT ess Sig . i1 e ' -sve Karen F. Shockley
Name: /V 60(+ r t %I`-'grz( N
7 IPh
atty.m.
Witness Signature Above
Name: Summer P. Bemdt
Date: Celotec3k , 2023
STATE OF Ffonck
COUNTY OF eta/
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this .3ISI- day of OC4Obec , 2023, by KAREN F. SHOCKLEY, who is
personally known to me or has produced Fronds Dnyecs ( alk% , as identification.
(Notary Seal) �.►+n Notary Public State of Florida _&LOW. 1 '
difi _
Summer P E Bemdt
My Commission GG 950878. Notary Public, State of Florida
•9j0F," Expires 01/26/2024 Summer P. Berndt
CFN##,2022003976,OR BK:4560 PG: 1159, Pages 1 /13, Recorded 1/18/2022 3:34 PM,Doc:AG
TARA S.GREEN Clerk of Court and Comptroller,Clay County,FL Rec:S112.00
Deputy Clerk WESTA
Record&Return to: - —
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907 KU21/22-41
WASTEWATER SERVICE TO
3011 DOCTORS LAKE DRIVE
(DOCTORS LAKE
SEPTIC TO SEWER PROJECT)
Parcel No.42-04-26-013298-000-00 (Kingsley System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT,made and entered into this ID day of DEce Q( ,2021,
by and between JAMES F.SHOCKLEY and KAREN F.SHOCKLEY,his wife,hereinafter referred to as
"Developer",and CLAY COUNTY UTILITY AUTHORITY,an independent special district established
under Chapter 94-491, Laws of Florida,Special Acts of 1994,hereinafter referred to as "Utility".
WHEREAS,Developer owns or controls lands located in Clay County,Florida,and described in
Exhibit"A",attached hereto and incorporated herein by reference(hereinafter"Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distribution service and/or central wastewater collection,treatment and disposal service for the Property;
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement
central water and wastewater service to the Property and thereafter operate applicable facilities so that the
occupants of the improvements on the Property will receive adequate water and wastewater service from the
Utility;and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the
Developer's Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day
(GPD)which is used to convert a given average daily flow(ADF)to the equivalent number of residential
connections. For this purpose the average daily flow of one water ERC is(450)GPD and one wastewater
ERC is(311)GPD.
BK: 4560 PG: 1160
•
-2-
(c) "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.
(d) "Service" -The readiness and ability on the part of Utility to furnish and maintain
water and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of
applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges-In addition to the contribution of any wastewater collections systems
and water distribution systems, where applicable, and further to induce Utility to provide water and
wastewater service,Developer hereby agrees to pay to Utility the following fees and charges,as defined in
the Rate Resolution(including Service Availability Policy),upon execution of this Agreement in order to
reserve capacity in the System:
(a) Water Capacity Charge:
($340.00 x 0.00 ERC) $ N/A
Alternative Water Supply Surcharge:
($325.00 x 0.00 ERC) $ N/A
Wastewater Capacity Charge:
($3,200.00 x 1.0 ERC) $ 3,200.00
Environmental Impact Charge:
($410.00 x 1.0 ERC) $ 410.00
(b) Debt Service Charge:
($167.00 x 1.0 ERC) $ 167.00
(c) Customer Connection Charge(Tap-in)-Water $ N/A
Customer Connection Charge(Tap-in) -Wastewater $ N/A
(d) Main Extension Charge-Water $ N/A
Main Extension Charge-Wastewater $ N/A
(e) Meter Installation Charge $ N/A
(f) Plan Review Fee $ N/A
(g) Inspection Fee $ N/A
(h) Recording Fee $ N/A
Total $ 3,777.00
Credit provided by Contract No. 35200 ($ 3,777.00)*
Balance Due $ 0.00
* - See paragraph 32 for explanation of credit.
Note: Item (c) is subject to increase for any material price increases incurred by Utility for this
project.
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.
BK: 4560 PG: 1161
•
-3-
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer,or otherwise,shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the water or wastewater facilities and
properties of Utility,and all prohibitions applicable to Developer with respect to no refund of such charges,
no interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. Agreement to Serve- Utility agrees that once it provides water and wastewater service to the
customers within the Property that it will continuously provide such service,at its cost and expense,but in
accordance with the other provisions of this Agreement, the then current Rate Resolution in effect for
Utility, and the requirements of the governmental authorities having jurisdiction over the operations of
Utility.Utility shall not be liable for any temporary interruptions in service as a result of equipment failure,
emergencies or acts of God.
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
7. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
8. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board Supervisors of the Clay County Utility Authority as may be amended from time to
time.However,notwithstanding any provision in this Agreement,Utility,its successors and assigns,may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property.However,all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
9. Effluent Disposal Obligation - As further consideration for this Agreement, Utility may
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate agreement will be entered into for such purpose.
10. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system.
BK: 4560 PG: 1162
-4-
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 ofthe
cost and expense required in correcting or repairing any resulting damage to the system or property of third
parties.
In the event Utility determines that the Property to be served poses a threat of introducing chlorides,
salt water, or similar constituents into the collection or transmission system at levels determined by the
Utility to be harmful to the wastewater system,including,but not limited to,the system's ability to provide
effluent meeting reuse standards as an irrigation supply source,the Utility has the right,in its reasonable
discretion,to decline or discontinue service to such property or customer and to require such pretreatment or
other measures as are necessary to protect the integrity of Utility's system and the ability to serve its
members.
11. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing
that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
12. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger, by mail or by electronic mail (email), and if to
Developer,shall be mailed or delivered to Developer at:
Mr.&Mrs.James F. Shockley
3011 Doctors Lake Drive
Orange Park,Florida 32073-6953
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.
13. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto,subject to any approvals
which must be obtained from governmental authority,if applicable.
14. Costs and Attorney's Fees-In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
15. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party,including,but not
limited to acts of God or of the public enemy,war,national emergency,allocation or of other governmental
restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster
or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities,
governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree, judgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
BK: 4560PG: 1163
-5-
16. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's wastewater and water
distribution system.
MISCELLANEOUS PROVISIONS
17. The rights,privileges,obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
developmentphase and to the Property as a whole.
P P rtY
18. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
and duly signed.
19. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
1
20. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall not be unreasonably withheld or delayed.
21. The submission of this Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility.
22. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right
or power at any other time or times.
23. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall not be
assigned by Developer to Third Parties without the written consent of Utility,except in the case of a bona-
fide sale of Developer's Property.
24. Utility shall,as aforesaid,at all reasonable times and hours,have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
25. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end -
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting and administrative
and contingent expense.
BK: 4560 PG: 1164
-6-
26. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's water and wastewater service within Developer's project,to apply to Utility for service after the
installation of the water and wastewater utilities have been completed and accepted by Utility. Upon
completion of application for 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.
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's water and/or wastewater facilities for the project covered by this Agreement.
28. Developer shall grant an easement to Utility covering any portion of the water and/or
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility. In addition,this Agreement is contingent upon
the execution of the Grant of Easement document.
•
29. The landscaping(new or existing)for this project shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.)of the water and/or wastewater main to be owned by Utility.
30. This Agreement is for wastewater service only and all references to water service in this
standard Agreement shall not apply.
31. The Property,which is the subject of this Agreement,is included in the Clay County Utility
Authority Doctor's Lake Septic to Centralized sewer System Conversion In-Fill Policy, attached hereto as
Exhibit"B",which has been funded by Utility and the St.Johns River Water Management District(District),
and shall be subject to all of the requirements set forth in the Cost Share Agreement between the District and
Utility(Contract No.35200)(the"Cost Share Agreement"),copy will be made available upon request. The
charges and fees shown in paragraph 4(a)through 4(h), are reimbursable per the Cost Share Agreement.
Therefore,no payment is due from Developer for the charges and fees shown in paragraph 4(a)through 4(h).
32. Per the Cost Share Agreement,the participating Developer shall procure appropriate licensed
contractor(s)to abandon their septic system,construct and connect their proposed sewer service lateral to
Utility's proposed sewer main and install a privately owned and maintained grinder pump station.Developer
and their licensed contractor(s)shall discuss septic tank abandonment,sewer connection plans and cost with
Utility before receiving a notice to proceed letter from Utility. Developer shall be required to submit their
invoices or proof of payment to their contractor(s)to Utility for reimbursement. Utility will reimburse the
Developer up to and not to exceed the amount of$15,000.00 upon completion of septic tank abandonment
and the above-described grinder pump station,and connection to Utility's sewer main,in accordance with
the terms and provisions of this Agreement. Utility will then submit for reimbursement from the District in
accordance with the Cost Share Agreement.
33. Utility will construct a 2-inch PVC force main connection through a 2-inch service stub
terminating at a 2-inch ball valve and check valve assembly, housed in a DFW-1324 valve box, which
terminates within an easement at or near Developer's Property line, where Developer will make the
connection to Utility's sewer main.
34. The wastewater connection point being constructed is a pressure force main connection point
and will require the Developer,its successors and assigns,to install and maintain a grinder pump station and
piping,capable of pumping the anticipated flow at the required pressure condition,and connection of said
piping to Utility's system at the valve box within Utility's proposed easement on the front of the Property,in
order for the flow to be pumped into Utility's system for treatment and disposal.
.K: 4560 PG: 1165
-7-
In addition, Developer, its successors and assigns, hereby agree(s) to install and maintain a
Flowmatic ball check valve, Model 508 (epoxy coated cast iron body) on the discharge side of the
Developer's grinder pump station.The Flowmatic ball check valve shall be placed in a protective valve box
with a lid.The check valve and valve box shall be positioned on a horizontal segment of pipe at least two
linear feet outside of the grinder pump station.
Prior to the start-up of the grinder pump station, Developer, its successors and assigns, will be
required to pull the grinder pump for Utility's inspection to ensure the proper grinder pump and check valve
have been provided.If the proper grinder pump and check valve have been provided,the system start-up will
be allowed to proceed.If not,Developer,its successors and assigns,shall correct the pump station and check
valve and call for a follow-up inspection. An additional service charge will be assessed for the follow-up
inspection.All such facilities shall be installed by Developer's licensed contractor and shall meet all of the
requirements of Utility prior to Utility providing service.
35. The Developer will own and maintain the private pumping station and check valve on the
Property, and in the event of an electrical power outage, it shall be Developer's responsibility to provide
backup power,if continuous service is desired.Utility is in no way responsible for damages or injury,either
directly or indirectly,related to sanitary sewage overflows,spills or stoppages related to loss of electrical
power or any malfunction of the privately owned facilities.
36. All wastewater installations upstream of Developer's Point of Delivery shall be owned and
maintained by Developer, and all installations downstream of this Point of Delivery shall be owned and
maintained by Utility.Utility shall not be responsible for,provide warranty for,or provide replacement of
any materials provided by or installed by Developer's licensed contractor.
37. The Developer or Developer's contractor will be responsible for the site restoration of their
Property,upon completion of the project.
38. 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 re ui ements of each future
development on the Property when such development is initiated.
39. The construction of this project will not commence until receipt of all permits and easements,
if necessary,and this Agreement is executed.
g
40. This Agreement will need to be executed by Developer,and the charges paid(shown on page
2 of agreement) prior to October 1, 2022, or this Agreement will be subject to any Service Availability
charge increases approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,
2022; and this Agreement is subject to any material cost increases which Utility may experience after
October 1,2022.
[Signatures Begin Next Page]
IlK: =4560 PG: 1166
H
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IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached,to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
WITNES S: DEV PER:
2.
Wi s may: (Seal)
Pri :A-v5i1- Ge J ES F. SHOCKLEY
4-11•.
Witness: r . e •
STATE OF FIOf7(1e(
COUNTY OF NV
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this 10 day of member ,2021,by JAMES F.SHOCKLEY,who is
personally known to me or who has produced Flp(idp Dc"J c5 4.teet,Me ,fra
as identification.
Auryrfrat_. i .Print Name: Summer P. it
lirNotary Public State of Florida
. SummerPEdtNotary Public in and for the
' My Commission GG 95087e. County and State Aforesaid
Expires D1/28@024
My Commission Expires: oI/ (4 'q
p.
WITNES',4
. DEVELOPER:
1 Wi rI , it Air L!/._ By: Seal)
P • 1. e•41, 4- ' , 77 • KAREN F. SHOCKLEY
Witness: A P 4,wfr
Print Name: Summer P. Bern a
STATE OF F-1000et
COUNTY OF cloy '
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this 10 day of neCerab r ,2021,by KAREN F.SHOCKLEY,who is
personally known to me or who has produced rioriaa Driver's LCeNSe , as identification.
A.,,,,,,,,,,a P.urn i
Print Name: Summer P. Ber a
eAliN. Notary Public state of Florida Summer P E Bemdt Notary Public in and for the
iMy Commission GG 850878•
0, Expires 01/282024 County and State Aforesaid
My Commission Expires: 0t N.b/ate
BK: 4560 PG: 1167
-9-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness. it(. ltcnti. By: �+�. '`
Print Name: J 4 , . aeon • ..my P ton P.E.,M.B.A.
.x= utive !,rector
Witness:AWYMIati:7'z-kji350'
Print Name: summer p. Berndt (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this (0 day of D€'Ce b2( , 2021, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
Affn-raf)
N Public sera of Florida •
Print Name: Summer P. Berndt4. Summer P E Berndt
My CommissionGG 95D878• Notary Public in and for the
a County and State Aforesaid
My Commission Expires: Oi Pe ti
BK: 4560 PG: 1168
WASTEWATER SERVICE TO
3011 DOCTORS LAKE DRIVE
DOCTORS LAKE SEPTIC TO SEWER PROJECT
Parcel No.: 42-02-26-013298-000-00
Official Records Book 1538,Pages 78 through 79,Clay County,Florida
EXHIBIT "A"
PARCEL A:
A parcel of land consisting of a portion of Lots 5 and 6, Lakeside Estates, Clay County, Florida,
according to plat thereof recorded in Plat Book 3, page 6, of the public records of said County. Said
parcel being more particularly described as follows:
Begin at the most Easterly corner of those lands described in °f actal Records Book 987, page 507 of said
public records; thence on the Southeasterly line thereof run South 70 degrees 06 minutes 00 seconds
West, 123.00 feet; thence South 19 degrees 53 minutes 00 seconds East, 405 feet, more or Iess, to the
waters of Doctors Lake; thence along said waters in a Northeasterly direction 130 feet, more or less, to
the Northwesterly line of those lands described in Official Records. Book 1313, page 736 of said public.
records; thence on said Northwesterly line run North 19 degrees 53 minutes 00 seconds West 400 feet,
more or less,to the Point of Beginning.
PARCEL B:
Together with an easement for ingress and egress as per Official Records Book 419, page 657 of said
public records.
PARCEL C:
Also, together with an easement For ingress and egress covering the following described parcel of land:
Commence at th most Easterly corner of those lands described in Official Records Book 987, page 507
of said public records; thence on the Southeasterly line thereof run South 70 degrees 06 minutes 00
seconds West, 123.00 feet to the Point of Beginning; thence continue South 70 06 minutes 00
� � degrees
seconds West, 12.00 feet; thence North 19 degrees 53 minutes 00 seconds West, 13.90 feet; thence run
South 70 degrees 06 minutes 00 seconds West,69.13 feet; thence South 87 degrees 33 minutes 49 seconds
East, 87.70 feet; thence North 19 degrees 53 minutes 00 seconds West, 19.43 feet to the Point of
Beginning.
BK: 4560 PG: 1169
EXHIBIT "B"
PAGE 1 OF 3
CLAY COUNTY UTILITY AUTHORITY
DOCTORS LAKE SEPTIC TO CENTRALIZED SEWER SYSTEM
CONVERSION IN-FILL POLICY
December 17,2019
BACKGROUND:
The St.Johns River Water Management District(District)approached the staff of the Clay County Utility
Authority(Authority)in May 2018,about projects to reduce or eliminate the contribution of nutrients from
septic tanks to Doctors Lake.The District's Governing Board approved Resolution 2018-03 on August 18,
2018, allocating funds for Doctors Lake nutrient reduction projects. The District and the Authority both
agree reducing nutrients in Doctors Lake will reduce the harmful impacts of blue-green algae to the
environment and the community.
The District and the Authority determined that cost-share funding will promote health, safety, and
restoration efforts tied within the Doctors Lake watershed by converting septic tanks to a centralized sanitary
sewer system. The District requested the Authority manage a project(s) that would help residents to
voluntarily abandon the residential septic systems and connect to the Authority's centralized sanitary sewer
system.
Objectives:
Establish a specific mechanism to fund the extensions of the Authority's sanitary sewer system to provide
service to residential neighborhoods within the Doctors Lake watershed.
The District and the Authority mutually seek to eliminate,to the most reasonable extent possible,nutrients
from human wastewater entering the Doctors Lake watershed.
In order to remove nutrients from human wastewater within the Doctors Lake watershed,the District and
Authority will construct infrastructure to collect and convey wastewater to the Authority's Advanced
Wastewater Treatment(AWT)facilities.
The District and Authority hereby establishes a centralized wastewater collection system connection goal of
50%of the active residential lots on any given street.
Definitions:
Board of Supervisors:The seven supervisors appointed by the Governor of the State of Florida or the Clay
County Board of County Commissioners to supervise the Clay County Utility Authority.
GoverningBoard: The nine board members appointed bythe Governor of the State of Florida to supervise
Pp P
the St. Johns River water Management District.
Construction cost: Actual costs of constructing the sewer main extension and service links, the proper
abandonment of the existing septic system, including construction management and capacity charges.
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. EXHIBIT "B"
PAGE 2 OF 3
Authority's cost: These costs include land or easement acquisition, engineering design, surveying,
community engagement, staff time, and permit application fees.
Capacity Charges: Refer to the CCUA Rate Resolution for effective rates.
Customer Connection Charges:Refer to the CCUA Rate Resolution for effective rates.
Plumbing charges: The costs a resident would incur in labor,material, and equipment from a plumber to
complete a sanitary sewer connection either inside the home or from the home to the Authority's point of
delivery.
Electrician charges:The costs a resident would incur in labor,material,and equipment from an electrician to
complete and power a grinder pump station.
Structure costs:The costs associated with physical structures including,but not limited to,pump station wet-
wells, sewer manholes,pedestals or mounts for control panels.
Equipment costs: The costs associated with physical working equipment including, but not limited to,
pumps,control panels,alarms, and check valves_
Septic tank abandonment: The process specified by the State of Florida Department of Health in Florida
Administrative Code(F.A.C.) 64E-6.011.
Grinder pump station: A small residential pump station package that includes the submersible grinder
pumps,float controls,wet-well,check-valves,pump-out connection,control panel,and audible and/or visual
alarms.
Service Lines:Refer to the Rate Resolution for effective rates.
Point of Delivery:Refer to the Rate Resolution for effective rates.
Letter of Intent: A standardized letter on the Authority's letterhead that expresses the resident's intent to
connect to Authority's centralized sanitary sewer system.The Letter of Intent shall be non-binding,but shall
be the predecessor to the presentation of a developer agreement from the Authority to the property owner.
Developer Agreement:The formal,legally binding agreement between the Authority and the property owner
to provide utility services(potable water,wastewater,or reclaimed water)to a subject property.Developer
agreements are required to provide utility services to a property and are subject to the approval by the
Authority's Board of Supervisors.
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EXHIBIT "B"
PAGE 3 OF 3
Policy:
The Authority will use the existing In-Fill Project Funding within the current fiscal year's capital budget to
support the planning, customer outreach, design, surveying, construction, and implementation of
infrastructure to be owned and maintained by the Authority to accomplish the objectives of this policy.
The Authority's Executive Director will submit individual septic to sewer conversion projects to the Board
of Supervisors for consideration and approval. The Authority's Board of Supervisors will have sole
discretion in approving individual In-Fill Projects and the use of In-Fill Project Funding for septic to sewer
conversion projects.
The Authority's Executive Director shall have discretion to commence construction work on the
infrastructure necessary to convert lots served by individual septic tanks on a given street to the Authority's
centralized sanitary sewer system.
Construction of sanitary sewer infrastructure on any given street with less than a 50% connection
commitment,may not proceed without written approval of the Board of Supervisors. Staff will determine
connection commitments by executed letters of intent.
The Authority,upon approval by the Board of Supervisors,may engage in an agreement with the District for
reimbursement of costs incurred by the customer.The costs incurred by the customer may include capacity
charges,customer connection charges,plumbing charges,electrician charges,structure costs,and equipment
costs.The Authority will reimburse customer incurred costs then file for reimbursement from the District.
Should a resident seek to connect to the Authority's centralized sanitary sewer system beyond or outside of
an agreement with the District, the resident shall be responsible for the costs, fees, charges, material,
structures,and equipment per the Authority's current Service Availability Policy.
For cases where a property owner intends to connect to the Authority's centralized sanitary sewer system
outside of an agreement with the District, the property owner may request for financing of costs, fees,
charges, material, structures, and equipment per the Authority's current Service Availability Policy. All
financing requests shall be subject to the Authority's Board of Supervisors consideration and approval.
Restrictions:
The capital funding authorized by the Board of Supervisors for individual septic to sewer conversions shall
not be used to pay for the Authority's Capacity Charges or infrastructure beyond the Authority's point of
delivery.
The capital funding authorized by the Board of Supervisors for individual septic to sewer conversions shall
be used to pay for infrastructure that will be owned and maintained by the Authority.
The Authority shall be prohibited from capitalizing costs of a customer's responsibilities of the Authority's
capacity charges,customer connection charges,material,and equipment necessary to provide sanitary sewer
service beyond the point of delivery.
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