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HomeMy WebLinkAbout07.d EDB 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 29, 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 Department and Reinhold, the landowner, to establish the centerline of the future EW4 parkway to align our current Peters Creek WRF Project pipeline construction with the future roadway design and construction. This is an MOU 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 agreed to the centerline of the future roadway portion from the vicinity of Rosemary Hill Road to the Peters Creek WRF Plant Site depicted in Exhibit A of the MOU. CCUA's consultant will 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 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 and unavoidable, 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 understanding 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) //PS (Final) Clay County Agreement/Contract No. 2023/2024- 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 a Florida corporation and its successors and assigns ("Reinhold"), whose principal business address is 1845 Town Center Boulevard, Suite 105, Fleming Island, Florida 32003. In this MOU, the County, CCUA and Reinhold are sometimes referred to individually as a "Party" and collectively as the "Parties." 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 potential future roadway relative to an agreed centerline. In consideration of the premises and mutual covenants contained herein, and 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 certain tracts 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. The Parties acknowledge Reinhold's engineer of record, in collaboration with the County and CCUA, prepared a conceptual future roadway design alignment and cross section with a defined centerline, the CCUA used this centerline to design and CCUA will be constructing critical infrastructure transmission mains within the Property. The conceptual layout of the roadway and CCUA's utilities was reviewed by all Parties. 3. In the event Reinhold or the County determine to design and/or construct a future roadway within the Property, the CCUA wishes to reach an understanding with Reinhold and the County whereby such design and/or construction would be facilitated to minimize conflicts with the CCUA's utilities. 4. The CCUA has prepared a depiction of the location of CCUA's utilities relative to the centerline for a potential future roadway alongside CCUA utilities, which is attached as Exhibit A-1. A proposed cross-section for such potential roadway and utilities is attached as Exhibit A-2. 1 5. The Parties acknowledge and agree that if a future roadway is designed and/or constructed by a yet to be determined party, that for the mutual benefit of planning and the orderly design and construction of a future roadway, the utilities, and any other infrastructure improvements as may be needed for the future development of the Property and/or any regional mobility improvement, the identified centerline for a future roadway will be as depicted on Exhibit A. 6. The Parties acknowledge that CCUA has designed and will be constructing critical infrastructure transmission mains offset from this centerline. 7. In the event Reinhold or the County determine to design and/or construct a future roadway as depicted on Exhibit A, Reinhold and the County agree to use commercially reasonable efforts to minimize conflicts with the CCUA's infrastructure. 8. If conflicts should arise with the CCUA's utilities during the design or construction of a future roadway as depicted on Exhibit A or any associated stormwater drainage improvements, the CCUA agrees to bear the future cost of relocating the then-existing CCUA utilities in unavoidable areas, such as roadway drainage structures, other features at crossroads, or other features unknowable at this time. 9. If a future roadway is designed by either Reinhold or the County, once the final design is established, the CCUA agrees to subordinate portions of CCUA's temporary easements, as shown on Exhibit A-1 and Exhibit A-2 attached,that are needed for a future roadway and acknowledges that CCUA's utility infrastructure shall be within the right of way of a future roadway. 10. If Reinhold or the County depart from the centerline of the future roadway as established herein, CCUA will not be responsible for the cost of relocating CCUA's then-existing utilities or easement areas. 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. 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 2 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 services, 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 jjohnston@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. 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: The parties agree and acknowledge that this MOU shall not be recorded in the public records of Clay County, Florida. Partial Release: Within ten(10)business days of Reinhold's request in connection with a sale, financing or development of a portion of the Property that does not contain any portion of the potential future roadway, CCUA and the County will execute a partial release of such portion of the Property from the terms and conditions of this MOU and send their executed counterparts of the partial release to Reinhold. 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 3 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: Address: By: Name: Howard Wanamaker Print Name: Title: County Manager on behalf of the Board Address: 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: 4 CCUA: WITNESSES: CLAY COUNTY UTILITY AUTHORITY, a political subdivision of the State of Florida Print Name: Address: By: Name: Jeremy D. Johnston, MBA, PE Print Name: Title: Executive Director Address: 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: 5 OWNER: WITNESSES: REINHOLD CORPORATION, A Florida corporation Print Name: Address: By: Name: George M. Egan Print Name: Title: President/Director Address: 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. EGAN, as PRESIDENT/DIRECTOR,of REINHOLD CORPORATION,a Florida corporation who is personally known to me. Print Name: Notary Public State of Florida at Large My Commission Expires: 6 / : lir 4caldtrp,--IL I. • ' . I h N• -‘:•..•.1 •27 4.-:. I 1 i'.1:.4:4 ' • • • �= f • • Mom. • 1/11 4 el lilt: 4,. • ,,.. • • • ,S C.1.4E; ,.t- 0 .. 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