HomeMy WebLinkAbout06.e.04 DA MU23.24-24 - Bella Lago Phase 2 Infrastructure Return to:
Clay County Utility Authority MU23/24-24
3176 Old Jennings Road
Middleburg,Florida 32068-3907
Parcel Nos.: 23-05-25-010101-017-00 & BELLALAGO,PHASE2
23-05-25-010101-18-00 INFRASTRUCTURE ONLY
Clay County (Mid-Clay System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"),made and entered into this NW day of Ai f uM
2024,by and between MATTAMY JACKSONVILLE,LLC, a Delaware limited liability company,heeinafter
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 service; and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central
potable 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/or reclaimed water service by the Utility
to the 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.
RECEIVED
AUG 13 2024
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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 service 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 potable
water, reclaimed 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 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, reclaimed 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 0.00 ERCs) $ N/A *
Alternative Water Supply Capacity Charge:
($388.01 x 0.00 ERCs) $ N/A *
SJWMD Black Creek Water Resource Charge:
($105.19 x 0.00 ERCs) $ N/A *
Wastewater Plant Capacity Charge:
($4,100.00 x 0.00 ERCs) $ N/A *
Environmental Impact Charge:
($410.00 x 0.00 ERCs) $ N/A *
(b) Debt Service Charge:
($191.00 x 0.00 ERCs) $ N/A *
(c) Main Extension Charge—Water $ N/A *
Main Extension Charge—Wastewater $ N/A *
Main Extension Charge—Reclaimed Water $ N/A *
(d) Fire Protection Capacity Charge $ N/A
(e) Meter Installation Charge $ N/A *
(0 Plan Review Fee $ 1,655.50 **
(g) Inspection Fee $ 10,029.43 **
(h) Recording Fee $ 153.92
Total $ 11,838.85
* This Agreement is for the Bella Lago, Phase 2 infrastructure only. This Agreement does not include any
service connection charges, main extension fees, or meter installation charges. A separate agreement will
be prepared for any additional phases and lots.
** Plan review and inspection fees included cover the utility infrastructure and phase 2 lots for this project,
in accordance with the plans shown on Exhibit"C," attached hereto.
Note: Items (f) and (g) are estimates and are subject to adjustment based on actual costs incurred.
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- Payment of the charges in paragraph 4 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 potable 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 - On-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, and
wastewater systems for the Property. 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,romises, 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 may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy,
as then in effect. 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 and potable water distribution facility installed by Developer to the central facilities of Utility
in accordance with all rules, regulations and orders of the applicable governmental authorities.
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Utility agrees that once it provides potable 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.
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,reclaimed water,and wastewater 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.
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12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable
water, reclaimed water and wastewater services shall be those set forth in the then current Rate Resolution most
recentlyadopted bythe Board of Supervisors of Utilityas maybe amended from time to time. However,
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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 potable water, reclaimed 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 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
reclaimed water 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.
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 e-mail, and if to Developer, shall be mailed or
delivered to Developer at:
Mattamy Jacksonville,LLC
4901 Vineland Road, Suite 450
Orlando,Florida 32811
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
or at 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.
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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.
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, reclaimed water and wastewater 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,
wastewater and reclaimed water 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 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 his
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 or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for
providing the legal descriptions and maps for such easements to Utility, as shown on the plans prepared by
England—Thims &Miller, Inc., Job Number 20-213-05, as described in Exhibit"C",prior to commencement of
this project. This shall include (1) all easements necessary to accommodate water, wastewater, and reclaimed
water stubs to adjacent properties; (2) an easement ten (10) feet in width lying parallel and adjacent to all right-
of-way lines within the Developer's Property; (3) any easements within storm drainage retention pond areas or
along lot lines that may be necessary to accommodate any stormwater harvesting systems that Utility may choose
to install within Developer's Property.
33. 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 any of the water, wastewater, and/or reclaimed water mains. In the
alternative,Developer shall provide a root barrier, satisfactory to Utility,around the roots of all landscaping,trees,
shrubs, etc.,that are planted within the road right-of-ways that will potentially impact any of the utilities covered
by this Agreement.
It shall be Developer's responsibility to contractually require builders within the Property to establish a
workable procedure to assure Utility that the planting of"street trees" within the project provide at least seven
and one-half feet(7 ft. 6 in.) of separation from the center of the trees to Utility's mains and services. Otherwise,
root barriers are to be installed where the seven and one-half feet(7 ft.6 in.)criteria are not met. A service charge,
subject to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect and approve the
proposed tree locations.
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34. The road cross-section, utility placement, and sidewalk placement used within the subdivision
streets and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other
utilities and the Clay County Engineering Department. Any variance from these standard layouts shall be
communicated by Developer to all utilities requiring facilities in the right-of-way and the Clay County
Engineering Department and shall be approved by all such utilities and agencies prior to commencement of
construction.
35. It shall be Developer's responsibility to valve each water stub in such a fashion that connection
and extension of service to subsequent phases does not disrupt service to prior phases,and such additional valving
shall be approved by Utility prior to installation. Each such phase shall be bacteriologically cleared and final
certified by the design engineer as complete, including as-built drawings, final close-out documents, and final
acceptance by Utility,prior to water,wastewater, and reclaimed water service being initialized.
36. Connection to the Utility's water and reclaimed water mains and the construction of the water and
reclaimed water infrastructure, including services from the main to the meter locations, 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. Utility shall own and maintain all facilities
upstream of the downstream side of the reclaimed water meters and potable water meters, and all facilities
downstream of the downstream side of the reclaimed water meters and potable water meters shall be owned and
maintained by Developer. All of the water, reclaimed water installations shall be in accordance with the plans
prepared by England—Thims &Miller, Inc., Job Number 20-213-05, as described in Exhibit"C," or as modified
in a manner acceptable to Utility. Utility shall have access to all the water meters during normal business hours
for meter reading purposes.
37. Connection to the Utility's existing 6-inch force main and the construction of the wastewater
infrastructure 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. All wastewater
mains 8-inches and larger in size,terminating by a manhole, and all wastewater mains 8-inches and larger in size
that are stubbed for future extensions, as shown on the plans prepared England — Thims & Miller, Inc., Job
Number 20-213-05, as described in Exhibit "C," shall be owned and maintained by Utility. This includes all
wastewater laterals from the 8-inch wastewater mains to Developer's Property line/right-of-way line for each lot.
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.
The wastewater pumping station and all ancillary items related to the wastewater pump station shall also be owned
and maintained by Utility. All such 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.
38. Developer shall, by perpetual covenants and restrictions, require each developed lot or parcel
within the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy
(i.e., "Reuse Policy"),a true copy of which, in its current form, is attached hereto as Exhibit"B," and shall require
that those systems be operated and maintained in accordance with the rules and regulations of Utility, as well as
all governmental agencies having jurisdiction over such reclaimed water systems, and all lots or parcels lying
within the Property are hereby so restricted.
39. All irrigation contractors employed by Developer to install reclaimed water irrigation systems
within the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-
Connection Control Policy. Once registered, such irrigation contractor shall comply completely with Utility's
Cross-Connection Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted
for irrigation contractors that are not registered with Utility.
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40. All elements of the Florida Department of Environmental Protection rules and regulations
regarding the use of reclaimed water within the project will be adhered to at all times, and the Homeowners'
Association will continue to be responsible after Developer is no longer in charge of Bella Lago, Phase 2. This
specifically pertains to the Public Notice(posting of signs)provisions of the Florida Department of Environmental
Protection rules and regulations, as well as all specific requirements pertaining to the use of reclaimed water in
public areas and on roadways.
41. No wells shall be permitted within or upon the Property for any purpose.
42. This Agreement does not include any other developments that are planned for this Property.
Water,wastewater, and/or reclaimed water service to any future/proposed amenity center, swimming pool,and/or
recreation areas are also not a part of this Agreement. A separate agreement will be entered into when these
developments are initiated.
43. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2024,and the construction of the utilities for this total project shall be commenced
by 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.
[Signatures Begin Next Page]
-11-
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:
Mattamy Jacksonville,LLC,
a Delaware limited liability company
By: Mattamy Florida,LLC
a Delaware limited liability company
its M ,ager
Witness: 1 /(�— By: --(Seal)
Print Name: 1 La Cliff Nel , Vice President
Witness:
Print Nam , v.
STATE OF 112-tc c
COUNTY OF�u-
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online
notarization this 9 day of itucnusr 2024, by CLIFF NELSON, as VICE PRESIDENT of
MATTAMY FLORIDA, LLC, a Delaware limited liability company, MANAGER of MATTAMY
JACKSONVILLE, LLC, a Delaware limited liability company, who is personally known to me or who has
produced , as identification.
JARRETI' O'L.EARY Print Na e: p.a. 4.R
Notary Public
` State of Florida �P lic, State of l��,op- at Large
`��' Comm#HH4235
26 My Commission Expires: l I iq IZoZ-�
Expires 7 19 7%
/ /202
-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILIT • _THORITY
Witness: By: �;, _ "''
Print Nr e: {�.SM1 remo ston, .E.,M.B.A.
ecut , -
Witness:. lb
Witness: (Corporate Seal)
Print Name: Summer P. Berndt •
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online
notarization this )Lich day of AVIOS&- , 2024, by JEREMY D. JOHNSTON, EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me.
,t;�Y4, SUMMER P BERNDT leo „ ,
_�°^4* Notary Public-State of Florida � �%%
vr
,a� _ Commission 0 HH 450194
it l�!TY4 My Commission Expires Print Name: Summer P. Berndt
January 26, 2028 Notary Public
State of Florida at Large
My Commission Expires:01 ia(0l ag
BELLA LAGO,PHASE 2
INFRASTRUCTURE ONLY
Parcel Nos.: 23-05-25-010101-017-00&
23-05-25-010101-018-00
EXHIBIT "A".
A PORTION OF SECTION 23,. TOWNSHIP 5 SOUTH, 'RANGE 25 EAST, CLAY COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMERCE AT THE SOUTHWEST CORNER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 25 EAST, CLAY COUNTY,
FLORIDA; -THENCE NORTH 89'49'46"EAST, ALONG THE:SOUTHERLY LINE OF SAID SECTION 26, A DISTANCE OF
414,54 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS -DESCRIBED AND RECORDED IN OFFICIAL RECORDS
BOOK 4070, PAGES 484, 489 AND 497, OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, SAID CORNER
ALSO BEING A POINT ON A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 14,552.00 FEET AND A CENTRAL
ANGLE OF 02'87'51"; THENCE, ALONG AND WITH THE EASTERLY, LINE OF SAID LANDS, THE FOLLOWING SEVEN(7)
COURSES: COURSE #1: ALONG AND AROUND THE ARC OF SAID CURVE A DISTANCE OF 752.86 FEET 'TO THE
POINT OF TANGENCY SAID CURVE BEING SUBTENDED BY,A CHORD BEARING AND DISTANCE OF NORTH 00'16'58"
EAST, 752,78 FEET; COURSE #2: THENCE NORTH 01'45'54" EAST; A DISTANCE OF 2354.16- FEET; COURSE #3:
THENCE SOUTH 88'14'06" EAST; A DISTANCE OF.4-48:00FEET; COURSE #4: THENCE NORTH 01,45'54" EAST, A
DISTANCE`.OF 1334,00 FEET; COURSE I}5; THENCE NORTH 88'1.4'06" WEST,:A DISTANCE OF 448,00 FEET;
COURSE #6: THENCE NORTH 01'45'54" EAST, A DISTANCE. OF 2238.01 FEET; COURSE #7:_THENCE NORTH
02'30'54" EAST, A DISTANCE OF 433.23 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF. COUNTY ROAD
NUMBER 739-8/SANDRIDGE ROAD (AN B0 FOOT RIGHT OF WAY, PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP SECTION 71523-2601); THENCE SOUTH 89'25'.32 EAST; ALONG SAID SOUTFIERLY.RIGHT OF
WAY UNE, A DISTANCE OF 100,09 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'25'32-.EAST,
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A.DISTANCE OF 539.39 FEET; THENCE SOUTHI 00'34'23" WEST,
DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 330.80, FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 440.00 FEET'AND A CENTRAL ANGLE OF. 19'18'O6";
THENCE SOUTHEASTERLY, ALONG AND AROUND THE. ARC OF. SAID'CURVE A DISTANCE OF- 149,23 FEET TO THE
POINT OF TANGENCY, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 09`04'40-
EAST, 147.53 FEET; THENCE SOUTH 18'43'43" EAST, .A DISTANCE OF :183.83 FEET, THENCE NORTH 8756'40"
WEST, A DISTANCE OF 71,06 rill; THENCE SOUTH 00'34'26" ;WEST, A DISTANCE OF:61.39:FEET; THENCE NORTH
83'25'34" WEST, A DISTANCE OF 336.03 FEET; THENCE NORTH 02'12'28- EAST, A DISTANCE OF 305.80.FEET TO
THE POINT.OF CURVATURE OF A CURVE.CONCAVE'SOUTHWESTERLY, HAVING A RADIUS OF 110.00.FEET AND A
CENTRAL' ANGLE OF 33'09'13'; THENCE NORTHWESTERLY, ALONG AND AROUND .THE ARC OF SAID. CURVE A
DISTANCE OF 63.65. FEET TO THE POINT OF TANGENCY, SAID CURVE BEING SUBTENDED BY A CHORD BEARING..
AND DISTANCE OF NORTH 14'22'C16'. WEST 62.77.FEET;_THENCE NOR* 30`56'45".WEST, A DISTANCE OF -402,39
I-±! TO THE POINT OE BEGINNING.
CONTAINING 6.35 ACRES MORE OR LESS,
•
EXHIBIT "B"
REUSE POLICY
Page 1 of 3
Effective Date - Thirty (30) days after Board's approval of the policy, for all developments that
have not met the filing requirements of the County's Zoning Department,which requires each new
development to be reviewed by the Development Review Committee (DRC), or for those
developments not requiring DRC approval,which have been quoted charges to connect to the Clay
County Utility Authority's (CCUA)water and/or wastewater systems within twelve months prior
to the effective date of the reuse policy. A filing for a DRC meeting, which is incomplete as of
the effective date of this policy,shall not be considered as filed timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was
filed with DRC prior to the effective date of this policy, within fifteen months after the effective
date of the policy,then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development
Review Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI)agreements
which may not be technically required to install residential reuse, but who choose to do so in
settlement of minor and/or major modifications to the structure and composition of developments
within the DRI.These shall be regulated and charged under this proposed policy and effective date
criteria the same as all other developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
1. Developments occurring under DRI agreements or Florida Quality
Development(FQD)agreements,which are not required by said agreement
to install residential reuse and who do not volunteer to provide residential
reuse piping systems.
2. Developments which, as of the date of enactment of this policy, own and
maintain their own reuse pumping plant and purchase bulk service from the
CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998,
at a prior approved rate and still have an inventory of prepaid connections,
shall be exempt until such prepaid connections are used up.
Developments and/or communities that own, operate,and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take
Reuse Water When it is Available - All developments occurring after the effective date of this
policy will be reviewed by the CCUA staff for feasibility of the installation of a reuse piping
system for irrigation purposes. These shall include commercial,public facilities,industrial,as well
as residential developments.
EXHIBIT "B"
REUSE POLICY
Page 2 of 3
Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will
be Required -
(1) Financial feasibility of extending a trunk main to an area at that time, or some planned
future date,to provide reuse water to the proposed reuse system. This item shall consider the size of the
development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining
developable property in the area, complexity of existing development of area which trunk mains must pass
through, natural geographical barriers (or obstacles), environmental damage, etc.
(2) Remaining developable land in the area(new area with very little existing development and much
growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,
it will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System - All developments where reuse
piping systems are required shall install or require the installation of an automatic sprinkler irrigation
system acceptable to CCUA for the development of each separate parcel (lot) within the development.
Such on-site systems shall utilize color-coded pipe for reuse water, functional rain sensors, and automatic
controllers and timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
irrigation contractors, who connect to the reuse system, be thoroughly educated with regard to reuse
systems in an effort to eliminate any potential cross connection with the potable water system. In this
regard, all irrigation contractors installing irrigation systems in conjunction with this reuse program must
prequalify with CCUA by providing their credentials and passing a qualification interview with CCUA's
staff for the purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current
certificate of insurance, acceptable to CCUA, naming the CCUA as an additional insured shall be on file
at all times with the CCUA.
Requirement for Payment of Reuse Base Facility Charge - All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
X:\Engineering\COMMERCIAL PLAN REVIEW\Plans In Rcvicw\%clle Lago Phase 2\C Developer AgreementV.GRAELLA LAGO PHASE 2.RdFRAS7RUCIUREONLY.JMS.docx
•
EXHIBIT"B"
REUSE POLICY
Page 3 of 3
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay
for the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells
-for irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are
- required,the design engineer for the project shall design, at Developer's expense,the reuse piping system
for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse
water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost
•
sharing for oversized mains,refundable agreements,plan review and approval, and adherence to CCUA's
specifications and details, shall apply to these reuse piping systems, the same as the potable water
distribution systems and wastewater collection systems.
Charges for Service Availability - Charges and credits applicable to Service Availability after the
effective date of this policy shall be as follows (excludes existing charges that did not change and are not
needed for clarification purposes):
X:\Engincering\COMMERCIAL.PLAN REV/EVAPlans In Revicw Eelle Lap Phase 2\C Developer Agreement\AGR.BELLA LAGO PHASE 2.INPRASTRUCTUREONLY.JMS.doax
•
EXHIBIT "C"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Bella Lago, Phase 2
Engineer: Michael S. Smith, P.E.
England—Thims &Miller, Inc.
14775 Old St. Augustine Road
Jacksonville,Florida 32258
Job Number: 20-213-05
Date: July 2022
Engineer Drawing Description ' Approved
Number Plan Date
1 Cover Sheet 07/10/2024
lA Engineer Signature Sheet 07/10/2024
2A-2B General Notes 07/10/2024
1 Master Site Plan 07/10/2024
4A-4I Geometry Plan 07/10/2024
5A-5I Paving and Drainage Plan 07/10/2024
6A-6I Neighborhood Grading Plan 07/10/2024
7 Master Utility Plan 07/10/2024
7A-7I Water and Sewer Plan _ 07/10/2024
8A-8H Roadway Profiles 07/10/2024
9 Forcemain Profile 07/10/2024
10A-10F Paving and Drainage Details 07/10/2024
Standard Water and Sewer System Outline Technical
S-SPD Specifications for Developer initiated Projects 07/10/2024
WAT 01-WAT 04 CCUA Water Details 07/10/2024
S-SEW Standard Sewer System Details 07/10/2024
S-RE1-S-RE2 Reclaimed Water Distribution System Details and Specifications 07/10/2024
S-PCON Permanent Submersible Pump Station with Concrete Wet Well 07/10/2024
480 Volt Pump for 40 HP &Larger Submersible Pump Station
S-ELEC1 Electrical Schematic and Details 07/10/2024
13-14 Sediment and Erosion Control Plan&Details 07/10/2024
15 Stormwater Pollution Prevention Plan 07/10/2024
16 Stormwater Pollution Prevention Contractors Certification 07/10/2024
17A-17B Sleeving Plan 07/10/2024
Landscape Cover, Code Summary,Plan, Specifications and
LC-00-LC-12 Details 07/10/2024
TM-01-TM-02 Tree Mitigation Plan&Tables 07/10/2024
HB-01-HB-10 Hose Bibb Plan 07/10/2024
HB-11 Hose Bibb Specifications and Details 07/10/2024
X:1Engineering\COMMERCIAL PLAN REVIEWNlans In ReGew\Belln Logo Phase 2\C Develnper Agreement\AGR.BELLA LAGO PHASE 2.INF'RASTRUCTUREONLY.IMS.docx
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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
a
riSi-C0U-- Title:
___ Clay County Utility Authority CCUA Web Map
i- 3176 Old Jennings Road Info:
C
r� Middleburg, Florida 32068-3907 Water Features
Prepared by CCUAGIS Portal
'a Phone 904 272 5999 MI Gravity Sewer Features
t 8/14/2024,8:15:13 AM l= Forced Sewer Features
Conservation.Commitment.Commundy.
�TYAUTN� 1 inch = 1,000 feet = Reclaimed Features