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HomeMy WebLinkAbout08.e EDM. MOU. Clay County. CCUA. Reinhold EW4 Centerline EXECUTIVE SUMMARY AGENDA ITEM: Request for approval of the Memorandum of Understanding(MOU)with Clay County(the County), Clay County Utility Authority(CCUA),and the Reinhold Corporation(Reinhold)regarding the basis of design along the property centerline for pipelines and future EW4 parkway construction in a corridor along the Peters Creek Water Reclamation Expansion and Pipeline project: (Peters Creek WRF Project). Date: February 15, 2024 BACKGROUND: Staff requests approval of an MOU with the County and Reinhold regarding establishing the centerline of the future EW4 parkway corridor as the basis for easements related to pipeline construction along the entrance road for the Peters Creek WRF Project. Staff coordinated with the County's Engineering Depaitiiient and Reinhold, the landowner, to establish the centerline of the future EW4 parkway to align our Peters Creek WRF Project and the pipeline construction with the future roadway design and construction. This is an agreement between all parties memorializing this coordination and the location of the future roadway centerline known now as the EW4 Parkway. By way of this MOU,all parties agree that the centerline of the future roadway portion from the vicinity of Rosemary Hill Road to the Peters Creek WRF Plant Site is as depicted in Exhibit A of the MOU. CCUA's Consultant is prepared to modify the design of the new transmission and distribution mains being installed as part of the Peters Creek WRF project to align with this future parkway. CCUA's Consultant reviewed and coordinated with staff and Reinhold's Engineer of Record to ensure conformance with our pipeline requirements. Reinhold,the landowner, agrees to locate the roadway as shown in the Exhibit. The parties intend to minimize conflicts in the subsequent design of the future parkway and for the mutually beneficial planning and orderly design and construction of future roadways, utilities, and other infrastructure improvements that may be needed for future development in this area. CCUA agrees to relocate infrastructure, as reasonably needed, to accommodate future roadway drainage structures and crossroads. REQUEST: Staff respectfully requests authorization for the Executive Director to execute the attached Memorandum of Understanding on behalf of the Utility as an agreement between the County, the CCUA, and the Reinhold Corporation as to the centerline alignment of the future EW4 parkway and the rights and responsibilities of parties moving forward. ATTACHMENTS: Memorandum of Understanding MB(Author) II PS (Final) 02/20/23-MB Clay County Agreement/Contract No. 2024/2025- MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CLAY COUNTY, FLORIDA AND CLAY COUNTY UTILITY AUTHORITY AND REINHOLD CORPORATION THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the day of 2024 ("Effective Date") by and between CLAY COUNTY (the "County"), a political subdivision of the State of Florida, whose principal business address is 477 Houston Street, Green Cove Springs, Florida 32043, and CLAY COUNTY UTILITY AUTHORITY (the "CCUA"), an independent special district in the State of Florida whose principal business address is 3176 Old Jennings Road, Middleburg, Florida 32076, and REINHOLD CORPORATION (the "Reinhold"), a Florida corporation, whose principal business address is 1845 Town Center Boulevard, Suite 105, Fleming Island, Florida 32003. This MOU comprises the County, the CCUA, and Reinhold's understanding as to the basic terms and conditions pursuant to which the CCUA is to install utility infrastructure in advance of a future roadway. In consideration of the premises and mutual covenants contained herein, and for the adequacy of which are mutually acknowledged,the following terms and conditions are mutually covenanted,promised, and agreed upon by the Parties: 1. Reinhold is the fee simple owner of that certain tract of land (12-06-25-010429-000-00, 01-06-25- 010337-000-00, and 07-06-26-015251-000-00) located in Clay County, Florida. (the "Property"). 2. Parties acknowledge and agree that the centerline for the future roadway will be located as depicted in Exhibit A for the mutual benefit of planning and the orderly design and construction of future roadways, utilities, and other infrastructure improvements as may be needed for the future development of this area. 3. CCUA has designed and will be constructing critical infrastructure transmission mains offset from this centerline,positioned to be in a future right of way. These utilities are shown relative to the mentioned centerline in Exhibit A and were reviewed by Reinhold's Engineer of Record to ensure conformance with Reinhold's land interests. 4. Reinhold and the County agree to minimize conflicts with the CCUA's infrastructure during the subsequent design of this future roadway. 5. The CCUA agrees to bear the future cost of relocating the then-existing utilities in unavoidable areas, such as roadway drainage structures or other features. t 6. Once the final design is established, the CCUA agrees to subordinate portions of its easement along this future roadway to the County for right-of-way. 7. The CCUA's utility infrastructure shall be within the right of way of this future roadway. Cooperation: Commencing on the Effective Date of this MOU, the Parties agree to cooperate and work together in accordance with the intent of this MOU. Reinhold agrees to provide the County and CCUA, upon prior notice, access to the Property to perform work necessary to meet the terms and conditions above. From and after the Effective Date of this MOU. Remedies: The Parties will attempt to settle any dispute arising from this MOU through negotiation and a spirit of mutual cooperation. Each Party shall have the right to seek the judicial enforcement and interpretation of this MOU. Notice: Any notice required or desired to be given hereunder, or any items required or desired to be delivered hereunder, may be served or delivered personally or by certified mail, return receipt requested, postage prepaid, or by any reliable and nationally recognized overnight delivery service, addressed as follows: COUNTY Clay County c/o Howard Wanamaker, County Manager 477 Houston Street Green Cove Springs, Florida 32043 CCUA Clay County Utility Authority c/o Jeremy D. Johnston, Executive Director 3176 Old Jennings Road Middleburg, Florida 32068 j johnston@clayutility.org Reinhold: Reinhold Corporation c/o George M. Egan 1845 Town Center Boulevard Suite#105 Fleming Island, Florida 32003 Notice may also be delivered to such other address as the Party to be served may direct by written notice to the other Party. If such notice is sent or delivery is made by registered or certified mail, such notice or delivery shall be deemed as served, made, and effective seventy-two (72) hours after posting. 2 Amendment: The MOU may only be modified and amended by written agreement duly authorized and executed by the Parties hereto. No oral agreements or representation shall be valid or binding upon either Party. Further Assurances: Each Party agrees that it will execute and deliver to the other promptly upon demand any and all documents or other instruments and take such other action as is necessary to give effect to the terms and intent of this MOU. Recording: This Agreement shall be recorded in the public record of Clay County, Florida, at the CCUA's expense following its execution by the Parties. IN WITNESS WHEREOF,the Parties hereto have duly executed this MOU effective as of the first date and year set forth above to indicate agreement with these terms and conditions and to proceed with the work and efforts required to complete the utility infrastructure installation. COUNTY: WITNESSES: CLAY COUNTY, a political subdivision of the State of Florida Print Name: By: Name: Howard Wanamaker Print Name: Title: County Manager on behalf of the Board of County Commissioners STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of x❑ physical presence or ❑ online notarization this day of , 2024, by HOWARD WANAMAKER, as COUNTY MANAGER on behalf of the BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida who is personally known to me. Print Name: Notary Public State of Florida at Large My Commission Expires: 3 CCUA: WITNESSES: CLAY COUNTY UTILITY AUTHORITY, a political subdivision of the State of Florida Print Name: By: Name: Jeremy D. Johnston, MBA, PE Print Name: Title: Executive Director STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of x❑ physical presence or ❑ online notarization this day of , 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. Print Name: Notary Public State of Florida at Large My Commission Expires: 4 OWNER: WITNESSES: REINHOLD CORPORATION, A Florida corporation Print Name: By: Name: George M. Egan Print Name: Title: President/Director STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of x❑ physical presence or ❑ online notarization this day of , 2024, by GEORGE M. 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