HomeMy WebLinkAbout05.e.02 DA CU23.24-18 - Jennings Farm Amenity i
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Clay County Utility Authority 3176 Old Jennings Road CU23/24-1 8
Middleburg,Florida 32068-3907
JENNINGS FARM AMENITY CENTER&BIKE
TRAIL RESTROOMS - 2215 JENNINGS FARM
DRIVE &2247 PALISADE POINT
(Clay Utility System)
Parcel No. 07-05-25-009076-007-23 & Name of Project
07-05-25-009076-007-31
Clay County
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this l/ day of
J 014 , 2024 by and between JENNINGS FARM HOMEOWNERS ASSOCIATION,
INC., a Florida not-for-profit 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; central wastewater collection, treatment and disposal; and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,
central water, wastewater, and reclaimed water service to the Property and thereafter operate applicable
facilities so that the occupants of the improvements on the Property will receive adequate potable water,
wastewater, and reclaimed water 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,wastewater,and reclaimed water 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) "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,potable water distribution system,
and reclaimed 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.
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(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, and one reclaimed water ERC is (275) 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 and reclaimed 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
water,wastewater,and reclaimed water 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 the 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,
potable water distribution systems, and reclaimed water systems where applicable, and further to induce
Utility to provide potable water,wastewater service,and reclaimed water 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 8.50 ERCs) $ 3,825.00 *
Alternative Water Supply Charge:
($388.01 x 8.50 ERCs) $ 3,298.09 *
SJWMD Black Creek Water Resource Charge:
($105.19 x 8.50 ERCs) $ 894.12 *
Wastewater Capacity Charge:
($4,100.00 x 3.50 ERCs) $ 14,350.00 *
Environmental Impact Charge:
($410.00 x 3.50 ERCs) $ 1,435.00 *
(b) Debt Service Charge:
($191.00 x 3.50 ERCs) $ 668.50
(c) Main Extension Charge—Water $ 2,108.00 **
Main Extension Charge—Wastewater $ 1,039.50 **
(d) Meter Installation Charge $ 3,542.88 ***
(e) Plan Review Fee $ 500.50
(f) Inspection Fee $ 827.47
(g) Recording Fee $ 119.20
Total $ 32,608.26/
* - Includes 8.50 ERCs for water service to the buildings, swimming pool, and potable water
irrigation.Includes 3.50 ERCs for wastewater service for the building,based on a fixture unit
count, all in accordance with Utility's Rate Resolution.
** - See Paragraph 41 for an explanation of charges.
*** - Includes one 2-inch potable water meter for the amenity center, one 1 1/2-inch potable
irrigation water meter for the amenity center, one 1-inch potable water meter for the bike
trail restrooms, and one 1-inch potable irrigation water meter for the bike trail restrooms
(without meter boxes).
Note: Items(e) and(f) are estimates and are subject to adjustment based on actual costs incurred.
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Pa ent of the above charges does not and will not result in Utilitywaivinganyof its rates or rules
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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, reclaimed 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 -X,In-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 by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such 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.
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,
wastewater,and reclaimed water systems for the project. 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.
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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, reclaimed 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, reclaimed 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.
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 maybe subject to refundable advance treatment pursuant
to Utility's Service Availability Policy. 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,potable water distribution facility,and/or reclaimed water
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,
reclaimed 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.
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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,wastewater,and reclaimed water 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, reclaimed 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,reclaimed water,and wastewater industry with respect to the installation of all
its facilities in any of the easement areas.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed 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,
reclaimed 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
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as maybe 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.
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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.
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 the 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 (email), and if to
Developer, shall be mailed or delivered to Developer at:
Jennings Farm Homeowners Association, Inc.
17425 Bridge Hill Court, Suite 101
Tampa, Florida 33647
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.
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.
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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,wastewater and
reclaimed water 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.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water, reclaimed 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 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.
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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, reclaimed 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 the 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 Developer's 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,utilizing the
project's potable water, reclaimed water, and wastewater service within Developer's project, to apply to
Utility for service after the installation of the potable water,reclaimed water,and wastewater utilities have
been completed and accepted by Utility. Upon completion of application for potable water,reclaimed 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 any portion of the potable water and
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility.
33. The landscaping for this project(new or existing) shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.)of any of the water,wastewater and/or reclaimed water mains to
be owned by Utility.
34. This Agreement is for water and wastewater service only,and all references to reclaimed
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water service in this standard Agreement shall not apply.
35. Developer shall connect to Utility's existing water and wastewater mains at the locations
shown on the final approved plans prepared by Taylor&White, Inc., Job Number 20130, titled Jennings
Farm Amenity Center, as shown in Exhibit "B," which are acceptable to Utility. All 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.
36. Utility shall own and maintain all facilities upstream of the downstream side of the potable
water meters.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.
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37. Developer shall install or have installed a reduced pressure type backflow prevention devices
which shall be located immediately downstream of Utility's two 1-inch potable water meters, one 2-inch
potable water meter,and the 1 1/2-inch potable water meter. Such installations shall be in compliance with
the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the
completion of each installation of said devices,Developer shall provide to Utility for its permanent records,
the Make,Model,Size and Serial Number of said devices.Furthermore,these devices must be tested and
recertified by a certified backflow prevention technician,annually or such other period as may be required
by Utility. Proof of the annual testing and recertification must be submitted to Utility for its records. This
installation and annual recertifications shall be the responsibility of the Developer or its successors and
assigns.
38. At this time,Utility will not require Developer to install and maintain a grease interceptor at
the amenity center. However,Utility may require Developer to install a grease interceptor in the future, if
the use of the facility changes to serve food or if it is determined that the plumbing design without a grease
interceptor is not adequate to protect Utility's wastewater system from damage or clogs..
39. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain in the facilities,in accordance with Utility's requirements for same. Developer
shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors,and such
interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff
shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors.
Developer shall maintain records of maintenance and cleaning.Those records shall be made available to the
Utility upon request.
40. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain storm water shall not connect to Utility's wastewater system.
41. The charge set forth in paragraph 4(c) "Main Extension Charge - Water" and "Main
Extension Charge—Wastewater" of this Agreement is refundable to Utility who previously paid for the
water and wastewater main extension along County Road No. 220.
42. This Agreement is specifically for the Jennings Farm Amenity Center & Bike Trail
Restrooms, as shown on the design plans prepared by Taylor & White, Inc., Job Number 20130, as
described in Exhibit"B,"titled Jennings Farm Amenity Center dated January 5,2023. It does not include
any other developments(future additions)that are planned for this Property. A separate agreement will be
prepared for any additional requirements of each future development on the Property when such
development is initiated.
43. Water and wastewater services for Jennings Farm Amenity Center are contingent upon the
completion and final acceptance by the Utility of the water and wastewater infrastructure being installed as
part of Developer Agreement No. CU22/23-1, titled "Jennings Farms — 314 Single Family Lots" and
recorded in Official Records Book 4667, pages 767 through 779 of the Public Records of Clay County,
Florida.
44. 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.
45. This Agreement will need to be executed by Developer and the charges paid(shown on page
2 of Agreement) prior to October 1, 2024, and the construction of the utilities shall commence prior to
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.
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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:
JENNINGS FARM HOMEOWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation
e<-20Witness: � — - By:
Print Nam . — • 56 Brian Martin, Pdent
Witness: •
Print Name: G ua/
STATE OF /OC IVGA
COUNTY OF ce!, 4:001 f,
The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online
notarization this Pig day of /ill% , 2024, by BRIAN MARTIN, as PRESIDENT of JENNINGS
FARM HOMEOWNERS CIATION,INC.,a Florida not-for-profit corporation.Who on behalf of
said company is ersonally known to me or who has produced ,asidentification.
Print Name: 50,Ma / v,r/
•
SAMUEL CIVIL Notary Public,State of pfi�ob� at Large
Notary Public.State Of Florida _ p iv,/�/�
# * Commission No.HH 290874 MyCommission Ex Tres:
My Commission Expires:7/21/2026
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X:\Service Availability\Developer Agreement Master Fite\Developer Agreements\Avanlea Hills\AGR.lennings Farm Amenity Centerjmsdoc
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WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY,
an Independent Special District of the State of Florida
Witness: By: , - '_..�+>■!�1� '
Print Name: Jet.:my,ri. Jo ton, ' E.,M.B.A.
Ex•cuti _ -. -
/ (Corporate Seal)
Witness:•_Q.ViP1 ,(P.,4�Pi/
Print Name: Summer P. erndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or Cl online
notarization this.5114th day of TON , 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.
(.7\52.0meet V Vail
$%ow SUMMER P BERNDT Print Name: Summer P. Bemdt
Notary Public-State of Florida
"—" :° Commission#HH 450194 Notary Public
•%N/(r0P: My Commission Expires
'm � January 26, 2028 State of Florida at Large
My Commission Expires: OtPieda
•
X\Service Availability\Developer Agreement Master File\Developer Ageements'Avonlea Hills\AGAlenninb.Farm Amenity Centerjms.doc
JENNINGS FARM AMENITY CENTER&
BIKE TRAIL RESTROOMS -2215 JENNINGS FARM DR.
& 2247 PALISADE POINT
Parcel Nos. 07-05-25-009076-007-23, 07-05-25-009076-007-31
Clay County, Florida
EXHIBIT "A"
A tract of land lying within the George Branning Donation, Section 37,Township 5 South, Range
24 East; together with a tract of land lying within Section 7, Township 5 South, Range 25 East,
Clay County,Florida and being more particularly described as follows:
BEGIN at the Northwest corner of said Section 7; thence S89°28"38"E, along the North line of the
Northwest 1/4 of said Section 7, for 1315.19 feet to the point of intersection with the East line of
the Northwest 1/4 of the Northwest 1/4 of said Section 7, same also being the West line of.
Government Lot 3 of said Section 7; thence S00°20'00"E, along said lines, for 1321.81.feet to the
point of intersection with the South line of said Government Lot 3;thence S89°28'52"E,along said
South line, for 181.35 feet, more or less, to the point of intersection with the Mean High Water
(MHW) line of Black Creek and the North Fork of Black Creek(elevation 0.47,North American
Vertical Datum of 1988 (NAV D 88)),per Florida Department of Environmental Protection;thence
meandering southerly and westerly along said Mean High Water line, for 4881 feet, more or less,
(thence S49°00'22"W, for 3103.81 feet, more or less, for closure purposes) to the point of
intersection with the East line of that certain property as described in Official Records Book 3347,
page 1869 of the Public Records of Clay County,Florida;thence along said East line,the following
two (2) courses; (1) thence N00°20'S7"E, leaving said Mean High Water line, for 2682.90 feet,
more or less; (2) thence NO3°09135"E, for 595.87 feet to the Southeast corner of that certain
property as described in Official Records Book 1410, page 217 of the Public Records of Clay
County, Florida; thence N00°04'04"W, along the East line of said certain property, for 1061.15
feet to the point of intersection with a curve concave to the South, said point also being the point
of intersection with the South right-of-way line of County Road 220 (formerly State Road 220, a
100-foot right-of-way,as it now established)accordingto State of Florida,State Road Department
P
Right-of-Way Map, Section No. 7158-250,dated 08/18/56,as further located according to Florida
Department of Transportation Right-of-Way Map for State Road 21 (Blanding Boulevard), Section
71070, dated 01/27/15; thence along said South right-of-way line, the following two (2) courses;
(1) thence northeasterly along the are of said curve, having a radius of 22868.31 feet, a central
angle of 0l°57'46", an arc length of 783.42 feet and a chord bearing N89°54'48"E,for 783.38 feet
to the point of tangency; (2)thence S89°06'19"E, for 1.62 feet to the point of intersection with the
East line of aforesaid Section 37; thence S00°19'50"E, along said East line, for 968.69 feet to the
POINT OF BEGINNING of the parcel herein described,
Said lands situated, lying and being in Clay County,Florida.
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Jennings Farm Amenity Center&
Bike Trail Restrooms
Engineer: Taylor&White, Inc.
Glen Taylor, P.E.
9556 Historic Kings Road, Suite 102
Jacksonville, Florida 32257
Job No.: 20130
Date: January 5, 2023
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
1 Cover Sheet 10/17/2023
2 General Notes 10/17/2023
3 Post Development Drainage Map 10/17/2023
4-5 Erosion and Sediment Control Plan 10/17/2023
6-7 Geometry Plan 10/17/2023
8-11 Paving Grading and Drainage Plan&Details 10/17/2023
12-13 Water& Sewer Plan 10/17/2023
Standard Water and Sewer System Outline Technical
S-SPD Specifications 10/17/2023
WAT 01 Standard SCH80 and Polyethylene Water Service Details 10/17/2023
Standard Water Casing, Crossing Type and Pipe Restraint
WAT 02 Details 10/17/2023
WAT 03 Standard Water Misc. Details 10/17/2023
Standard Fire Hydrant and D.D.C.V. Backflow Preventer 10/17/2023
WAT 04 Details
LW-STD Standard Locator Wiring Installations 10/17/2023
S-SEW Standard Sewer System Details 10/17/2023
LC-01 —LC-02 Landscape Plans 10/17/2023
X:\Service Availability\Developer Agzemeot Master File\Developer Agreements\Avanlea HillsV GRJemtings Farm Amenity Centerjms.doo
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3910
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2206
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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.
CCUA
(1,..NT
COIJ- Title:
Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
'a Phone 904 272 5999ill■ Gravity Sewer Features
t 7/25/2024,2:45:44 PM - Forced Sewer Features
Conservation.Commitment.Community
�tr AUTN'" 1 inch = 100 feet - Reclaimed Features