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HomeMy WebLinkAbout06.e.01 DA CU23.24-6 - Baxley Villas ( i Return to: Clay County Utility Authority 3176 Old Jennings Road CU23/24-6 Middleburg,Florida 32068-3907 BAXLEY VILLAS—72 DUPLEX UNITS Parcel Nos.: 31-04-25-008092-002-00 & (Clay Utility System) 06-05-25-009028-000-00 Name of Project Clay County 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 g-ifjday of>n , 2024,by and between FORESTAR(USA)REAL ESTATE GROUP,INC.,a Delaware corporation, 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 potable water, pumping, treatment and distribution service and 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 potable 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 potable 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 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 and potable 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. -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. (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 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 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 and potable water distribution systems where applicable, and further to induce Utility to provide potable 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) Potable Water Capacity Charge: ($450.00 x 72.00 ERCs) $ 32,400.00 * Alternative Water Supply Surcharge: ($388.01 x 72.00 ERCs) $ 27,936.72 * SJWMD Black Creek Water Resource Charge: ($105.19 x 72.00 ERCs) $ 7,573.68 * Wastewater Capacity Charge: ($4,100.00 x 72.00 ERCs) $ 295,200.00 * Environmental Impact Charge: ($410.00 x 72.00 ERCs) $ 29,520.00 * Total Capacity Charges to be Deferred $ 392,630.40 (b) Debt Service Charge: ($191.00 x 72.00 ERCs) $ 13,752.00 (c) Main Extension Charge—Water $ N/A Main Extension Charge—Wastewater $ N/A (d) Meter Installation Charge $ N/A ** (e) Plan Review Fee $ 654.50 (0 Inspection Fee $ 1,755.29 (g) Recording Fee $ 125.00 Subtotal $ 408,917.19 Less Total Capacity Charges to be Deferred $ 392,630.40 , Total Due at Execution of Developer Agreement $ 16,286.79 * - Includes 72.00 ERCs, based on 72 duplex units, which are deferred and to be paid at the time of application for service via meter install, in accordance with Utility's then-current Rate Resolution. ** - The potable water meters will be paid by the builder or customer upon application for building water for each lot/unit. This Agreement does not include a provision for any other separate landscape irrigation meters for the Property or park areas. Note: Items (e) and(f) are estimates and are subject to adjustment based on actual costs incurred. -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 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 bythe Utility, if so designated byUtility. The Developer will reimburse the Utilityfor its costs for such tY g tY p 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, and wastewater systems for the Property. 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 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 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. -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 and potable water distribution 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 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 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 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 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 and wastewater facilities accepted by Utility in connection with providing potable 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 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: Forestar(USA) Real Estate Group, Inc. Attn: Sarah Wicker 14785 Old St.Augustine Road# 300 Jacksonville,Florida 32258 -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 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 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 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,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 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. 31. Developer shall not place any conservation easements over any of the easement lands that contain Utility's existing or proposed water and/or wastewater facilities for the project covered by this Agreement. 32. Developer shall grant an easement to Utility covering the potable water and wastewater facilities that Utility agrees to own and maintain and shall be responsible for providing the legal description for such easement to Utility. 33. The landscaping(new or existing)for this project shall not include the planting of any trees within seven and one-half feet(7 ft.6 in.)of any of the water and/or wastewater mains that Utility will own and maintain, and Developer agrees to adhere to all of Utility's rules and regulations regarding the installation of root barrier when required. 34. The road cross-section,utility placement,and sidewalk placement used within the subdivision street and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities and the Clay County Engineering Department. Any variance from these standard layouts shall be communicated by Developer to all utilities requiring facilities in the right-of-way and the Clay County Engineering Department and shall be approved by all such utilities and agencies prior to commencement of construction. -9- 35. The tap of the existing 12-inch water main,connection to Utility's system,and the construction of the water services from the main to the meter locations shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and maintain all facilities upstream of the downstream side of the potable water meters.All water installations shall be in accordance with the plans prepared by Dunn&Associates, Inc.,as described in Exhibit"B," or as modified in a manner acceptable to Utility. All facilities downstream of the downstream side of the potable water 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. 36. It shall be Developer's responsibility where the engineering plans are reviewed and approved for an entire project (Baxley Villas), but Developer constructs the project in phases to valve each water stub in such a fashion that connection and extension of service to subsequent phases does not disrupt service to prior phases and such additional valving shall be approved by Utility prior to installation. Each such phase shall be bacteriologically cleared and final certified by the design engineer as complete, including as-built drawings, final close out documents, and final acceptance by Utility,prior to water and wastewater service being initialized. 37. 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"and larger in size that are stubbed for future extensions,and all wastewater laterals from the 8"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. 38. This Agreement does not include any other developments that are planned for this Property. Water and wastewater service to any future/proposed Amenity Center,swimming pool,and/or recreation areas are also not a part of this Agreement. A separate agreement will be entered into when these developments are initiated. 39. The construction of this project will not commence until receipt by Utility of all necessary permits and easements, and this Agreement is executed and the charges stated herein are paid. 40. 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 for this total project shall be commenced by 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. -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: FORESTAR(USA)REAL ESTATE GROUP, INC. a Delaware corporation Witness: 7G By• Print Name: Parlc.er S-'rras.rhy Sarah Wicker,Vice President Witness: (Corporate Seal) Print Name: S°,64ce, i t STE D_ STATE OF fl t7c- COUNTY OF u.1-3a4 The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization, this day of—Sc , 2024, by SARAH WICKER, as VICE PRESIDENT of FORESTAR(USA)REAL ESTATE GROUP,INC., a Delaware corporation, on behalf of the corporation, who is personally known to me or has produced as identification. /LI gt-rAeje __2 , A- Notary Public State of Florida Print Name: l^�C'�� 5 Heather Brady Notary Public t/ ���;,,, MyCommission HH 391647 State of �'�O d� at Large Expires 6/13/2027 My Commission Expires: ©`6 L 13 l ad a---) -11- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State of Florida Wi t cl rY�,k..h By: • '�\1 - - - Prin , • •l- (lima. M. SMa}h Je - D sto. , P.E., M.B.A. E -cutiv- :erector 9a i h (Corporate Seal) Witness: . 1 Print Name: umme • STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this 561 day of ialdugy , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State of Florida, who is personally known to me. ,clipMiePaitte'41% Summer P. _ - P• 4 � S o*'r Notaummry PuberPlioE state ofBerndt Florida Print Name: s My Commission GG 850878• Notary Public 0,0 Expires 01/28/2024 State of Florida at Large My Commission Expires: OI/16/074 BAXLEY VILLAS—72 DUPLEX UNITS Parcel Nos.: 31-04-25-008092-002-00 & 06-05-25-0099028-000-00 EXHIBIT "A" A PART OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 25 EAST AND A PART OF SECTION 31, TOWNSHIP 4 SOUTH, RANGE 25 EAST, BOTH IN CLAY COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 6 WITH THE WEST RIGHT-OF-WAY LINE OF BAXLEY ROAD (AN 80-FOOT RIGHT-OF-WAY); THENCE SOUTH 00°00'30" EAST,DEPARTING SAID NORTH LINE AND ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 60.08 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00°00'30"EAST,CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 347.90 FEET TO THE NORTHEAST CORNER OF BAXLEY HIDEAWAY, AS RECORDED ON THE PLAT THEREOF IN PLAT BOOK 37, PAGES 25 THROUGH 29 OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY LINE OF SAID BAXLEY HIDEAWAY THE FOLLOWING THREE(3) COURSES; COURSE ONE (1): SOUTH 89°33'30" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 624.00 FEET;COURSE TWO(2):NORTH 00°00'30"WEST,A DISTANCE OF 208.00 FEET;COURSE THREE (3): SOUTH 89°33'30" WEST, A DISTANCE OF 234.91 FEET; THENCE NORTH 00°21'55" WEST, DEPARTING SAID NORTHERLY LINE, A DISTANCE OF 200.07 FEET TO A POINT ON SAID NORTH LINE OF SECTION 6;THENCE NORTH 89°33'53"EAST,ALONG LAST SAID NORTH LINE,A DISTANCE OF 230.50 FEET;THENCE NORTH 00°23'59"WEST,DEPARTING LAST SAID NORTH LINE AND ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3727, PAGE 2105 OF SAID PUBLIC RECORDS AND THE EAST LINE OF LAST SAID LANDS,A DISTANCE OF 119.43 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1378,PAGE 1051 OF SAID PUBLIC RECORDS;THENCE NORTH 89°41'55" EAST, ALONG THE SOUTH LINE OF LAST SAID LANDS, A DISTANCE OF 179.40 FEET TO THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4171,PAGE 319 OF SAID PUBLIC RECORDS;THENCE SOUTH 00°26'57"EAST,ALONG THE WEST LINE OF LAST SAID LANDS, A DISTANCE OF 119.01 FEET TO A POINT ON SAID NORTH LINE OF SECTION 6; THENCE SOUTH 00°13'40"EAST,DEPARTING LAST SAID NORTH LINE,A DISTANCE OF 59.91 FEET;THENCE NORTH 89°35'10'EAST,ALONG THE SOUTH LINE OF LAST SAID LANDS,A DISTANCE OF 449.92 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 6.80 ACRES,MORE OR LESS. X:\PROJECTSUob Files\Cu r otUA23-127 Baxley Villas Developer Agreement\AORIzuleyvillas.DEFERRBD.JMSdoc EXHIBIT "B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Baxley Villas—72 Duplex Units Engineer: Mr. Vincent J. Dunn,P.E. Dunn &Associates,Inc. 8647 Baypine Road Bldg. 1, Suite 200 Jacksonville,Florida 32256 Date: September 11, 2023 Engineer Drawing Description Latest Number Engineer Approved Plan Date Cover Sheet 10/05/2023 I-1 General Notes 10/05/2023 I-2 Index-Legend 10/05/2023 I-3 Project Notes 10/05/2023 ECD-1 Existing Conditions and Demolition Plan 10/05/2023 WF-1 Wetland Flag Plan 10/05/2023 G-1 —G-2 Geometry Plan 10/05/2023 PRE-1 Pre-Development Plan 10/05/2023 PST-1 Post-Development Plan 10/05/2023 PD-1 Paving and Drainage Plan 10/05/2023 WAT-1 Water Plan 10/05/2023 SEW-1 Sewer Plan 10/05/2023 RI-1 Roadway Improvement Plan 10/05/2023 RSP-1 Roadway and Sewer Profiles 10/05/2023 SPD-1 CCUA Technical Specifications 10/05/2023 WD-1 —WD-5 CCUA Water Details 10/05/2023 SD-1 CCUA Sanitary Sewer Details 10/05/2023 UTC-1 CCUA Utility Placement Details 10/05/2023 PDD-1 —PDD-5 Paving and Drainage Details 10/05/2023 SPP-1 —SPP-2 Stormwater Pollution Prevention Plans 10/05/2023 L.1-L.5 Landscape Plans 10/05/2023 XAPROJECTS\Job Files\Curre t\2023-127 Baxley Villas\C Developer Agreement\AGR.ba�leyvillas.DEFERRED.JMS.Joc _` N 21_r w 4ViF i S 1 1 1 i t GE 41g:i ,iui. 41) illi Baxley Villas-72 Duplex Units 0 0 CL r W J 1-1 CO U ,HAE3lIA1 DR Or M_ ~ _L El Li �! 'U O lia _....=W.1----P. 'K... . ��� !M M. _f— rEJIrTEri LI •• I I''4 r Disclaimer:The information displayed on this drawing or sheet is fora 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. •=pia ' CCUA (1,S.- CO(-A" T Title: ___ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: � Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features 'a Phone 904 272-5999 ill■ Gravity Sewer Features t1/5/2024,4:32:43 PM �� Conservation.Commitment.Community ill■ Forced Sewer Features �TYAUTN� 1 inch = 200 feet - Reclaimed Features