HomeMy WebLinkAbout14.f Governors Park Pipeline Access Agreement EXECUTIVE SUMMARY
AGENDA ITEM:
Alternative Access Approval Agreement Between Governors Park Holdings and CCUA: Peters
Creek Water Reclamation Facility(PC WRF)Pipeline.
CCUA Project No.: 2211-0042
CCUA Financial Job No.: 22003SP
Date: February 2, 2024
BACKGROUND:
This item is being provided for information purposes. No Board action is required or requested.
CCUAs contractor for the Peters Creek WRF project,Wharton-Smith,has requested an additional
access pathway to pipeline easements previously secured on BTI Partners LLC property, for the
purpose of improving ease of access for staging horizontal directional drilling equipment and
staging pipeline close to the points of installation. The property owner, BTI Partners LLC is
agreeable to this access.
The attached agreement provides CCUA's contractor with the alternative, improved access
requested to reach the pipeline easement from CR315.
ATTACHMENTS:
Alternative Access Approval Agreement Between Governors Park Holdings LLC and CCUA:
Peters Creek Water Reclamation Facility(PC WRF)Pipeline.
//PS(Author)
//AA(Review)
//PS (Final)
0,�`/ Co/47,r Clay County Utility Authority Working together to
3176 Old Jennings Road protect public health,
Middleburg,Florida 32068-3907 conserve our natural
`' i ti�� Telephone(904)272-5999 resources,and create
L7T1' AUT��4 Facsimile(904)213-2497 long-term value for
our ratepayers.
February 2, 2024
C/O BTI Partners LLC
Governors Park Property Holdings, LLC
401 East Las Olas Blvd., Suite 1870
Fort Lauderdale, FL 33301
Attn: Noah Breakstone
Re: Alternative Access Approval: Peters Creek Water Reclamation Facility Pipeline.
Dear Mr. Breakstone:
This letter is to document Governors Park Property Holdings, LLC ("Owner")granting permission to the
Clay County Utility Authority("CCUA")to access the CCUA easements in two locations on BTI lands
by an alternative access location starting in the vicinity of Chason Road and Powell Road. The location
of this access is shown in Attachment A. The use will be limited for the sole purposes of pipeline
installation, all at the sole cost and expense of CCUA.
This improved access will be used to move the large directional drilling rig to critical locations, and to
stage pipe closer to the installation points.Any stored material will be solid,non-leaching materials for
the pipeline project.
This will allow construction of the pipelines to remain on schedule. This letter of permission in no way
conveys or clouds property ownership to the above-referenced Work Area. The permission granted herein
is valid for 270 days from the date of Owner's execution of this letter (as to the Work Area shown on
Attachment A). CCUA's rights to enter the Work Area shall be non-exclusive, and the grant of access to
the Work Area to CCUA is subject to any recorded covenants,restrictions,easements and matters of record.
CCUA agrees to obtain all necessary permits and approvals for its activities and shall conduct all work and
activities in compliance with all such permits and approvals and applicable laws, rules and regulations.
CCUA shall not take any action which causes any violations of any environmental or other laws,rules and
regulations with respect to the Work Area. CCUA shall close any gates that are located within or cross the
Work Area promptly upon crossing through such gates. CCUA shall carry liability insurance on an
occurrence basis in commercially reasonable amounts(with minimum limits of$1,000,000 per occurrence
and in the aggregate), shall name Owner as an additional insured on such liability insurance, and shall
provide Owner with certificates of insurance showing compliance with the foregoing within ten (10)days
of receipt of any written request by Owner from time to time. Each policy shall contain an endorsement
requiring 30 days' written notice from the insurance company to Owner before cancellation or any change
in the coverage, scope or amount of the policy. Owner makes no representations as to the present or future
condition of the Work Area or the nature or condition of, or traffic on, any roads or trails therein, and all
entry by CCUA or any of its contractors,sub-contractors,agents or their respective employees(collectively,
the "CCUA Parties")within the Work Area shall be at the sole risk of CCUA. CCUA agrees to maintain
and or restore to the same or better condition as on February 2, 2024, these existing trail roads shown in
ACTIVE:19365296.5
Attachment A. Owner shall not be responsible for any injury or damage arising out such entry by any of
the CCUA Parties and CCUA releases Owner from any and all claims or damage arising out of such entry.
CCUA shall take all steps needed to keep the Work Area free of liens arising from the activities of the
CCUA Parties. CCUA shall promptly obtain or bond the release of any such liens that may be filed.
To the extent permitted by law,but without waiving any sovereign immunity protection or other limits on
liability afforded to CCUA by law, CCUA shall, and shall contractually cause CCUA's contractors, sub-
contractors and agents (which contractual indemnity obligation shall, as to such contractors and sub-
contractors, and agents not be limited by sovereign immunity)to indemnify and hold harmless Owner, and
its direct and indirect members, affiliates, agents, employees, staff, contractors, subcontractors, officers,
directors,and representatives and their respective successors and assigns(together,"Indemnitees"),from
any and all liability, loss or damage, whether monetary or otherwise, including reasonable attorneys' fees
and costs and all fees and costs of mediation or alternative dispute resolution, as a result of any claims,
liabilities, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, or judgments, against
Indemnitees which arise out of any of the activities referred to under the terms of this letter or use of the Work
Area by CCUA,its successors,assigns,agents,employees,contractors,sub-contractors,officers,invitees,
or representatives, including but not limited to loss of life, injury to persons or damage to,or destruction or
theft of,property.
This letter sets forth the entire and complete agreement between the parties with respect to the subject matter
hereof. Any prior agreements, commitments, or representations, express or implied, between the parties
related to the subject matter hereof are superseded by this letter.
If the terms of this letter are acceptable to you as presented, please sign in the space provided below and
return a copy to my attention. Please feel free to call me, at (904) 213-2408, if you have any questions or
require any additional information.
Thank You,
CLAY COUNTY UTILITY AUTHORITY
By:
Jeremy D Johnston,P.E.,MBA,
Executive Director
Clay County Utility Authority
ACTIVE:19365296.5
Accepted By
GOVERNORS PARK PROPERTY HOLDINGS,LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
Date:
By:
Print Name:
Print Title:
Date:
Attachments: A—Alternative Access Figure
ACTIVE:19365296.5
Attachment A
Alternative Access Figure
ACTIVE:19365296.5
f 4 I Qa
e 0�5`c Proposed access Access to the 200
Go.,.
and to the Drill Rig Location
m
O
,i 1i cn
6114A
^ _ Jets
f' 4 0,-, .
/ � Chason Rd
1U
) .
4
_ .. .._,_ .. ... ir . \ .
._. \ Proposed access to
4— i drill rig and pipe . -
stora•e locations
.'.Y . ;a " , _ _ \
Irr
0
Y
i i- \ n \i
s
s
400
__ gauleeNiac�R
j ^ r .
O l0/0 t
1 ,...4400_____________„---
200 Acre RdGovernor's Park WTPA
Legend
.40.0000000
Goole Earth N
2000 ft