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HomeMy WebLinkAbout05.e.04 DA KU23.24-21 - 990 Floyd Street I • Record&Return to: KU23/24-21 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 WASTEWATER SERVICE TO 990 FLOYD STREET (FLOYD STREET IN-FILL PROJECT) Parcel No. 38-05-26-014909-000-00 (Kingsley System) Clay County Name of Project DEVELOPER AGREEMENT THIS AGREEMENT CONFIRMS THE EXISTENCE OF A$11,697.69 ENFORCEABLE STATUTORY AND CONTRACTUAL LIEN TO THE"UTILITY" (AS HEREINAFTER DEFINED)ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN. THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this I, day of u , 2024, by and between BRIAN REX HALL and MICHELLE HALL, husband and wife, herei rafter 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. . 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: ($450.00 x 0.0 ERC) $ N/A Alternative Water Supply Surcharge: ($388.01 x 0.0 ERC) $ N/A SJRWMD Black Creek Connection Charge: ($105.19 x 0.0 ERCs) $ N/A Wastewater Capacity Charge: ($4,100.00 x 1.0 ERC) $ 4,100.00 Environmental Impact Charge: ($410.00 x 1.0 ERC) $ 410.00 (b) Debt Service Charge: ($191.00 x 1.0 ERC) $ 191.00 (c) Customer Connection Charge(Tap-in)-Water $ N/A Customer Connection Charge(Tap-in) - Wastewater $ 2,686.30 * (d) Main Extension Charge- Water $ N/A Main Extension Charge- Wastewater $ 4,310.39 ** (e) Meter Installation Charge $ N/A (f) Plan Review Fee $ 38.50 (g) Inspection Fee $ 38.50 (h) Recording Fee $ 125.00 (i) Financed Developer Agreement Administrative Charge $ 100.00 Total $ 11,999.69 Amount Being Financed ($ 11,697.69)*** Balance Due $ 302.00 * - See paragraph 31 for explanation of charge. ** - See paragraph 35 for explanation of charge. *** - See paragraphs 36 and 37 for financing arrangements. Note: Item (c) is subject to increase for any material price increases incurred by Utility for this project. Items (f) and (g) are estimates and are subject to adjustment based on actual cost incurred. - 3 - 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. 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. -4- • 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. 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. 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 e-mail or by mail, and if to Developer, shall be mailed or delivered to Developer at: Mr. and Mrs. Brian Rex Hall 990 Floyd Street Fleming Island, Florida 32003 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. • • - 5 - 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. 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 development phase and to the Property as a whole. 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. 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 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/or 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. - 6 - 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. 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 charge shown in paragraph 4(c) "Customer Connection Charge (Tap-in) - Wastewater", of this Agreement, includes the 2-inch PVC force main connection to the existing 2-inch force main through the 2-inch service stub terminating,at the 2-inch ball valve and check valve assembly housed in a DFW-1324 valve box, which terminates in an easement at or near Developer's Property line, where Developer will make the connection. 32. The wastewater connection point being constructed is a pressure force main connection point and will require the Developer's installation and maintenance of a grinder pump station and piping, capable of pumping Developer's 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 Developer's flow to be pumped into Utility's system for treatment and disposal. In addition,Developer hereby agrees 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 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 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. - 7- 33. 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. 34. All wastewater installations upstream of Developer's point of connection shall be owned and maintained by Developer,and all installations downstream of this point of connection shall be owned and maintained by Utility. 35. The Property,which is the subject of this Agreement, is included in the Floyd Street In-fill • Project, which has been funded by Utility, and shall be subject to all of the requirements set forth in Utility's "In-Fill Project Fund Policy Statement", as amended April, 1999 and attached hereto as Exhibit "B". The charge shown in paragraph 4(d) "Main Extension Charge- Wastewater", of this,Agreement, is Developer's pro rata share of the total cost funded by Utility. • 36. Regarding Developer's facilities,Utility agrees to finance$11,697.69 for a term of 10 years (that principal amount, plus accrued unpaid interest, and any charges thereon, shall be known as the "Financed System Development Charges Amount") in connection charges, as delineated in paragraph 4 of the Agreement, representing unpaid, financed water system development charges and/or wastewater (i.e., sewer) system development charges ("Financed System Development Charges") for the Utility's capital improvements and debt service on such capital improvements, as authorized and specified in the Utility's enabling legislation,Chapter 94-491,Laws of Florida, Special Acts of 1994,as duly recorded on 10/3/1994,in OR BK 1524,PG 1798-1836,public records of Clay County,Florida. Specific reference is made to Section 11 and Section 19.(6) of the Act, respectively,, which provide in pertinent part that the priority of such liens for the Utility's unpaid rates, fees, and charges, in general,and more specifically the liens for the Utility's Financed System Development Charges,"... 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...", or words to that effect. Developer agrees to and confirms the continued validity and priority of such lien until the Financed System Development Charges Amount is paid in full. .Developer shall be solely responsible for the timely payment in full of any intangible taxes or documentary stamp taxes due with respect to the foregoing Financed System Development Charges Amount'under this Agreement, if any,together with any interest or penalties thereon, and Developer hereby agrees to indemnify, defend, and hold Utility harmless from any loss, cost,expense, claim,and/or demand for the same. The then current monthly amortization payment due hereunder shall be added to the Utility's water and/or wastewater service billing for this Property;which Developer agrees to pay when due without offset or abatement. Continuous service by the Utility to Developer's Property will be contingent upon timely • payment of the entire Financed System Development Charges Amount as financed herein. The current annual rate of interest applicable to the unpaid principal balance of the Financed System Development Charges Amount for the current fiscal year is 3.69%.This rate of interest will be set on October 1 of each new fiscal year, in accordance with the requirements of Utility's then current Rate Resolution and Service Availability Policy., The monthly amortization payment due hereunder will change each year to the new amortization payment amount, if the interest rate changes. - 8 - The unpaid balance of the Financed System Development Charges Amount may be prepaid to Utility in full or in part without penalty at any time. Payments received by Utility shall be applied first to any late fees or service charges, then to accrued unpaid interest, and finally to the outstanding principal balance of the Financed System Development Charges Amount. In the event of uncured default for nonpayment of any installment or amount due hereunder, the lien for the Financed System Development Charges Amount shall be subject to enforcement, and even foreclosure, as provided by applicable law, Utility policy or rule applicable with respect to liens for unpaid rates, fees and charges owing to Utility for water, wastewater and/or reclaimed water service. Furthermore, non-payment of the monthly amortization payment shall be grounds for the Utility's refusal to initiate service to the Property or for discontinuing service to the Property as the delinquent payment of the installment due on the Financed System Development Charges Amount is a delinquent payment for Utility water, wastewater and/or reclaimed water services. Developer further confirms and agrees that the Financed System Development Charges required to be repaid as described herein to Utility shall be a valid and subsisting lien against the Property, and notwithstanding any contrary provision contained herein, that the same shall not be extinguished or satisfied by any transfer of the interest of Developer in the Property, whether by sale or mortgage foreclosure, or otherwise. Therefore, this lien obligation shall bind any successor lessee, owner or other occupant of the Property, or of any portion thereof, and Utility shall have the right to withhold service to the Property, or any portion thereof, in the event that the unpaid balance of the Financed System Development Charges Amount is not assumed and timely paid as it accrues hereunder. Developer agrees to notify its mortgagee and any successor owner of all or part of the Property of the existence of this lien in favor of Utility. Developer hereby irrevocably appoints the Executive Director of Utility as its attorney-in-fact for the purpose of executing any and all notices of-lien,joinder, consent, and the like, as may be reasonably required by Utility for the purpose of evidencing the unpaid Financed System Development Charges Amount as a continuing lien against the Property, and confirming Utility's exclusive right to serve the Property with potable water service, wastewater collection service, and reclaimed water service, as applicable, over easements granted by Developer to Utility, providing Utility with access for such purposes to the Property. - 37. This Agreement shall be entered into between Utility and Developer, shall run with the land, and shall be recorded in the Public Records of the county where the Property is located. In addition, a separate.Notice of Lien for Unpaid Financed System Development Charges Amount shall be recorded contemporaneous with or following the recording of this Agreement. If the Property is sold, the balance of the Financed System Development Charges Amount then outstanding shall become immediately due and payable at the date of closing. Upon receipt of final payment of the Financed System Development Charges Amount, Utility shall issue and record a "Notice of Satisfaction" of the payment in full of the Financed System Development Charges Amount in the Public Records of the appropriate county. 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 requirements 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 and the charges stated herein are paid. - -9 - 40. It will be the Developer's responsibility to have a plumber properly eliminate Developer's existing septic tank and connect to the wastewater system. Developer shall contact Utility for inspection prior to the plumber covering Developer's connection of its wastewater service pipe to Utility's wastewater collection system. 41. The Developer will be responsible for any site clearing prior to construction as well as any site restoration of their Property, upon completion of the project. 42. This Agreement will need to be executed by Developer, and the charges paid (shown on page 2 of Agreement), prior to October 1, 2024, 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 1,2024;and this Agreement is subject to any material cost increases which Utility may experience after October 1, 2024. [Signatures Begin Next Page] - 10 - IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: DEVELOPER: • Witness: e By: (Seal) Print Name: ,eE tt V L I tuTiz Brian Rex Hall • Witness: Print Name:Asyl., mir,l1A1./ (tat,/ STATE OF ? c )A. COUNTY OF L.LPy The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this t 3 day of fete vOr 2024, by BRIAN REX HALL, who is personally known to me or has produced t)(;-Vev,) t-;c& Se , as identification. ,,e;*„ ANDREW G.PHELPS • Print Name: nve W G P 3-ht'tp S *•' „' -* Commission#HH 326213 Notary Public in and for the 'ramv•P Expires October 26,2026 ••.FOFF�q.• � County and State Aforesaid My Commission Expires: WITNESSES: DEVELOPER: Witness: G^ By: i, C#:42 (Seal) Print Name: t EThfrl I/4 L '✓j Z C Miche Hall Witnesse �(1 Print Name:4645Frh 111/61 el G ur1Cre STATE OF RIOT'+d CI COUNTY OF C!A Li The foregoing instrument was acknowledged before me by means of ID physical presence or 0 online notarization,this 13 day of Felt u it t 1 , 2024, by IYHCHELLE HALL, who is personally known to me or has produced. ) ;Vev5 L,Cerrf•C' , as identification. 20*1':" ',,". ANDREW G.PHELPS Print Name: /}-yid ) ' r:• Commission#HH 326213 Notary Public in and for the '�`'°` County and State Aforesaid �.••...••P:• Expires October 26,2026 :.OF FAO. My Commission Expires: - 11 - WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY Witness:\ 01)-th-vc.„ By: :\ Print Name: M.Cron Je y D. J nston E. M.B.A. Ex cutive Director- Witness: M-V 9 " " Print Name: n dt M (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrumen was acknowledged before me by means of IJ physical presence or ❑ online notarization, this 2O day of tP_iva - , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY, who is personally known to me. i Notary Public State of Florida �!(-� A. Jennifer M Cron Print Na Jerniifsr M.Cron My Commission fl�f Exp.�ialtI2s Notary Pu and for the County and State Aforesaid - My Commission Expires: WASTEWATER SERVICE • TO 990 FLOYD STREET Parcel Identification Number: 38-05-26-014909-000-00 Official Records Book 4625, Pages 318-319, Clay County,Florida. EXHIBIT "A" Lot (s) 12 and 13, Block 13, Fleming Island Estates, according to the map or plat thereof, as. recorded in Plat Book 4, Page(s) 61 and 62, of the Public Records of Clay County, Florida. • • • • • \v.nix AwikkliMIX:vigrx ALM:Cn:71%13 a Filc\R glom Frg,C,FIo'J SIrsl L'.1L1-IIP?1i1\GR 9v.1 Flog)Ctru.if d1.W'W']FR.SP[d., EXHIBIT "B" PAGE 1 OF 2 CLAY COUNTY UTILITY AUTHORITY IN-FILL PROJECTS FUND POLICY STATEMENT As Amended April 6, 1999 Purpose Pursuant to unanimous action taken by the Board of Supervisors ("Board") of the Clay County Utility Authority ("CCUA") during the regularly scheduled Board meeting of December 15, 1998, this policy establishes a mechanism that will provide the necessary funding to install water, wastewater, and reclaimed water utilities in certain communities. This in-fill project fund is being created for the purpose of extending water, wastewater, and/or reclaimed water utility service to communities that are located near existing CCUA appurtenances for the purpose of serving communities currently using private wells and septic tanks. Projects that are interspersed among existing developed parcels, thereby making economic feasibility of such extensions difficult. Extensions needed to improve CCUA's system by looping service mains, eliminating pump stations, and upgrading trunk mains for projects that are not otherwise budgeted or covered by extensions normally paid by developers. Improving the health, safety, welfare or the environment of the citizens of Clay County. This fund will give Board members a clear and concise method to evaluate fund availability for such in- fill projects. p J Scope In-fill projects will be limited to communities located within CCUA's service area.Potential projects must be located in the vicinity of existing CCUA appurtenances so that it is economically feasible to extend service to the community. Policy The fund will be established by using excess earnings from utility operations. Net income in excess of $500,000 for fiscal year ending September 30, 1998, will be credited to this fund. The fund is initially limited to a maximum balance of$1,500,000. The Board will maintain complete control of the fund and the determination of which projects are funded. Service extension projects will be evaluated by the Board on a case by case basis. The Board shall determine if a particular project is economically feasible. CCUA IN-FILL PROJECTS FUND POLICY STATEMENT EXHIBIT "B" PAGE 2 OF 2 The Executive Director shall have the authority to proceed with projects falling within the intent of this policy in emergency situations as long as the value of said project does not exceed $10,000. Emergency situations are those situations that require immediate action by the Executive Director, such that without prompt action, the opportunity to complete projects within the intent of this policy would be lost, or the cost of completing the project in the future would be greatly increased. If the Executive Director declares an emergency situation under this policy, a description of the project and the rationale supporting the emergency declaration must be presented to the Board during the next regularly scheduled Board meeting. The Board may also direct that these funds be diverted to other uses if, in the opinion of the Board, it is necessary to do so. This fund will be established with an initial transfer from the net income generated during the fiscal year ended September 30, 1998 that exceeds $700,000 ($500,000 normal profit plus$200,000 allocated to the 1998/99 budget). As customers connect to the system,they will be charged a main extension charge based on their pro rata share of the cost to extend service to their neighborhood, as calculated by CCUA's staff based on the budgeting and planning assumption that 75% of all units which in theory can be served by such extension will in fact ultimately connect to the system.In addition,a carrying charge approximating CCUA's overall cost of funds shall be added to the cost of each connection,accruing from the date of placing the extension in service at an initial rate of 5%per annum for fiscal year 1998/99,and thereafter at the rate set by CCUA from year to year in the discretion of the Board, and compounded until paid by the individual customer connecting to the system on each September 30th thereafter. There shall be no refund of payments made under this policy which, in the aggregate, prove to be in excess of the actual cost of a specific extension of CCUA's system, plus carrying charges,which is made pursuant to this policy.All such main extension charges will be deposited into the in-fill projects fund upon their receipt by CCUA. CCUA IN-FILL PROJECTS FUND POLICY STATEMENT -****-1038' -N N a \ •967 1018 A_ �• W.t0 NW' -. .. 100020 `e. �f per \'S�J`! , I. E"� • `�� �., N � 980 IIIS3 �;:r N on /rS3 r I kS�8 IV .ems• 1013 \ o4................' 1030 M \ 4.6.6 ►� 940� A M N 1024 • 0,allk�-I 903 N 9g4 1014 MA �\ 998 \��laD9 11 947© /........../4 / f (►t� 923/ (.............s•ir % Tap existing force main and install - astewater servic-. IIPShot N ZNM 6...L_`=O S"/ IY► Q6 11111 g7 /)�5,��°�,�5 1003 e4 4 ! 1001 1792 l 1. h,� Q•, 991 f ?.i �.M / %r Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field verify all site,property,infrastructure,and utility information prior to any decisions or actions. ,1:17"...111%.4;..__" -...`� / J - / CCUA 4.1 C IV CODIJ 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 t21612024,9:42:36 AM�� Conservation.Commitment.Community ill■ Forced Sewer Features �TYAUTNu 1 inch = 100 feet - Reclaimed Features