HomeMy WebLinkAbout07.e.03 DA KU23.24-53 - 3153 Creighton Landing Rd Record&Return to: KU23/24-53
Clay County Utility Authority
3176 Old Jennings.Road-
Middleburg,Florida 32068-3907
WASTEWATER SERVICE TO
3153 CREIGHTON LANDING ROAD
Parcel No. 44-04-26-014027-002-00 (Kingsley System)
Clay County Name,of Project
DEVELOPER AGREEMENT
THIS-AGREEMENT.CONFIRMS:_THE EXISTENCE OF-A.$-12,497.20 ENFORCEABLE.
STATUTORY AND CON IRACTUAL LIEN TO THE"UTILITY" (AS HEREINAFTER
DEFINED)ATTACHING TO.THE.LANDS..DESCRIBED IN EXHIBIT"A,'HEREIN_
4 HIS DEVELOPER AGREEMENT("Agreement"), made and entered into this LI+h day of
einte,r ,2024,by and between BRUCE LYNN COOPER,JR.and ANA COOPER,his
w. e,_ ereinafter referred_to as "Developer",.a d 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 Janis located ri-Clay:County,Florida,-arid"described:in
Exhibit'A7,_attached hereto_andincor-porated_herein.by_reference.(hereinafter"Property");
WHEREAS, Developer desires that the Utility provide central water, pumping, treatment and
distdb tinn serviceand/or central_wastewater collection,treatment-and disposal service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement
central water and wastewater service to the Property and thereafter operate applicable facilities sothatthe
occupants-of the improvements onihe_Property wilLreceive,adequate waterand wastewater service from_the
Utility; and
WHEREAS,.the.parties wish to enter into this.A glreementseftingforth their mutual understandings
and undertakings regarding the furnishing .of water and/or wastewater service by the Utility to the
Developer's.Property
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and-
agreements herein eontainedand 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.givenfor.the.purpose ofinte_rpretin..g_the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a)_ "Consumer Installation"-All facilities ordinarily onthe_consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-.The sum of money.andlonthe-value
of property represented by the cost of the wastewater collection system and water distribution system
constructed or to be constructed which Developer or owner transfers,or agrees to transfer,to Utility,at no
cost.to Utility,.to-provide utility service to.specifiedProperty--
(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
connection&_For,this.purpose,the.average_rlaily.flow..of one water ER C is_.(45a)_iPD_ancLnne wastewater.
ERC_is.(311)_GPD_
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(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 water service shall be at the consumer'sside of the meter
and_.for wastewater.service.at-the lot or property line_ Utility-shall,.a.ccording.to the terrnsand conditions
hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appnrtenances inside t e_point of dilivery shall belong to others
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain
water and wastewater service to the point of delivery for each lot or tract pursuant to rules andregulations of
_applicable_regulatory-agencies
3. Assurance of Title-Developer represents and warrants that he is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,
Developer agrees_to deliver to Utility evidence of such ownership including any outstanding mortgages,_
taxes, liens and covenants.
4_ Connection Charges-lnaddition_to_the_contri bution ofany wastewater collections systems-
and water distribution systems, where applicable, and further to induce Utility to provide water and
wastewater service,.Developer hereby agrees to pay to Utility the following fees and charges,as defined in
the.Rate Resol vtion_(including Service_Avai labi l ity Policy..).,_upon execution_of this Agreementin order to
reservecapacity in the System:
(a) Water Capacity:Charge:.
($450.00 x 0.0 ERC) $ N/A
Alternative Water Supply Surcharge:
($388,01 x Oil ERC) $ NIA.
SJRWMD Black Creek Connection Charge:
($105.19 x 0.0 ERC) $ N/A
Wastewater Capacity Charge:.
($4,100.00 x 1.0 ERC) $ 4,100.00
Environmental Impact Charge:
($4i0,.Oi x.1-.0_ERC) $ 410 00
(b) Debt Service Charge:
($191.00 x L0 ERC) $ 191:00
(c) Customer Connection Charge.(Tap-in): Water _$ I:TIA
Customer Connection Charge(Tap-in) - Wastewater $ 2,886.53 *
(d) Main Extension Charge- Water $ N/A
Main.Extension Charge-Wastewater $_ 4,909 67 **
(e) Meter Installation Charge $ N/A
-(f) Plan Review Fee $ 38.50
(g) Jnspection.Eee ,$ 38,50
(h) Recording Fee . $ 125.00
(i) Financed Developer Agreement Administrative Charge $ 100.00
Total .$ 12,79920
Amount`Being Financed ($ 12,497.20).***
Balance Due. _$ 302 00
* -See paragraph 31 for explanation of charge.
** -See paragraph 32 for explanation of charge.
***—See paragraph.37-3g for fiinancingarrangements
Note: Item (c)is subject to'increase for any material price increases incurred by Utility for this project.
Items .(f) and (g) are estimates and, are subject to adjustment.based on actual cost_incurred
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Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
• and regulations`and their enforcement shall not be-affected in any manner whatsoever by Developer making
payment of-same. Except.as-specifi cal ly. stated,Utility shall--not be_obligated:_to refimd to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above rharges.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_bland-to-the-charges_Bold-onto any of the water or wastewater facilities:and
properties of Utility,and all prohibitions applicable to Developer with respect to no refund of such charges,
no interest payment on said charges and otherwise,are applicable to all persons or entities~.
Paid capacity or connection charges may notbe applied to-offset any service-bill or other claims of
Utility
5. Agreement to Serve-Utility agrees that once it provides water and wastewater service to the
customers within the Property that it will continuously provide,such service,at its cost and expense,but in
.accordance with the.other provisions of this Ag cement,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 arts_of God..
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer-installation to the facilities of Utility until formal_w.ritten_application has been made to Utility
-by the'prospective'user-of'service, -or-either of'them,in-accordance"with the then effective rules-and
regulations.of Utility.and approval for such connection has been granted
7. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property_.Utility.shaiLhave the sole and exclusive Light and
privilege to provide waterand wastewater services to the Property-and-to the'occupants of such residence,
building or unit.constructed thereon..
8. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of-
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted-by theBnarrl Supervisors of the Clay County Utility Authority as may be amendedfrom time to
time.However,notwithstanding any provision in this Agreement,Utility, its successors and assigns,may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so-established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time
to time, in the future, and enforce rules and regulations covering water and wastewater services to the
Property._.However,all such_rules and regulations_so_estahlished-by Utility. shall at all times_be reasonable,
and subject to such regulations as may be provided by law or contract.
9_ Effluent Disposal Obligation-As_further consideration for this Agreement,Utility may.
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent ontheProperty_Inthat event,aseparate agreement will be entered into for such purpose_
10. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install_grease._traps.for_all non-residential_kitchen:facilities.and_sand,traps.if_flaorwins_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
T'hay-to-be.harmful to the_wastewater system,.includi.ng,,butnotlimited to,the..sy.stem's.abi_lity to provide
effluent meeting reuse standards as an irrigation supply source, the Utility has the right, in its reasonable
discretion,to decline or discontinue service to such Property or customer and to require such pretreatment or
other_measures:as are necessary .to protect the integrity of Utility's.--.system and the_ability to-serve its-
members.
IL Binding Effect of Agreement-This Agreement.shallbe_binding-upoaand.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 ect to Utility-approval
which shall..notbe unreasonably withheld provided_the_assi• ee_o .transferee.shall_acknowledge_in_writing
that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
12._ Notice --Until further written notice by either party to the other,all notices provided for
herein-shall be in writing and-transmitted-by mail-or electronic-mail,-and if to Developer,shall-be-mailed or
delivered to Developer at:
Mr. and Mrs.Bruce Cooper, Jr.
3153 Creighton Landing Road
c Fleming Island,..Florida-.32003
and if to the Utility at:
Clay County.Utility.Authority
3176 Old Jennings Road
_Middleburg,Florida.32068-3907
13. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution-by-both parties hereto,subject to any approvals
which must.be obtainedfrom.governmental..authority,-ifapplirable—
14. Costs and Attorney's Fees-In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida?and the.prevailing.partyshallbe.entitledto.recoverfromthe.otherpartyalicost_incurred,.including
reasonable attorney'.sfees,
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15. Force Majeure - In the event that the performance of this Agreement by either party is
prevented orinterrupted in-consequence-of any causebeyond the control of either party,including,-but-not
limited to acts_of Godorof the public enemy,war,national emergency,allocation or ofother 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 rill act, order restriction, ra ilatio _ statirte ordinance, or order, decree,_jndgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
16_- indemnification_-Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification_provision_shall_survive_the actual connection_to Utility's_ wastewater and water
distribution system.
MISCELLANEOUS-PROVISIONS.
17. The rights,privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development-phase.and to th:e_Property as_a whop_
18. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,.constitntes.the agreementbetweenDeveloperand-Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
and-duly signed._
19. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
20. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall-not be_nnreasonably. withheld,or delayed_
21. The submission of this Agreement for examination by Developer does not constitute an offer
buthecomes-effective only-x-pon execution..- thereof-by. Utility
22. Failure to insist upon strict compliance of any of the terms, covenants,or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
ofany right or power hereunder atany one-time or times be deem eda waiver or relinquishment ofsneh right
or power at any other time or times.
21 It is:because.of inducements:offeredby Developer.to Utility that Utility-has-agreecLto.provide
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 cale.ofDeveloper-'sProperty
24. Utility shall, as aforesaid, at all reasonable times and hours,have the right of inspection of
Developer's internal lines and facilities. This provision-shall--be binding on the successors arid'assigns of the
Developer_
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25. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carryout the terms and conditions of this Agreement.Utility may be required to obtainapproval
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 itwilL use its besfefforts 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 ofa reasonable fee to defray Utility's legal,engineering,accounting and-administrative
and contingent.expense-
26. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's wastewater service within Developer's project,to apply to Utility for service after the installation of
the wastewater utilities.have been completed and accepted by Utility Upon completion of,application for
wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate
Resolution, including any security deposits required, service will be initiated to customers within
Developer'-s_Property
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's:water or wastewater facilities for the project covered by this Agreement
28. Developer shall grant an easement to Utility covering any portion of the water and/or
wastewater facilities that Utility agrees to -own and maintain, and Developer shall be responsible for
providing the.legal clescription_for.such_easement to Utility In_add ition;this Agreementis:contingentupon_
the execution of the Grant of Easement document.
29_ The landscaping(new or existing)for this project shall not include_the.planting of any trees
within seven and one-half feet(7 ft. 6 in.) of the water and/or wastewater main to be owned by Utility.
3.0_ This Agreement is,for wastewater service only and all references to water service inthis:
standard Agreement shall not apply.
3L- The char' -shown in parag aph 4.(c)"Customer Connection Charge-(Tap-in)-Wastewater"
includes the 2-inch PVC force main connection to the existing 2-inch force main through the 2-inch service
stub terminating at the 2-inch ball valve and check valve assembly housed in DFW-1324-valve box,which
terminates in_an_easement along-Crei• ton ForestDri_ve where Developer wilLrnake the connection
32. The charge shown in paragraph 4(d), "Main Extension Charge — Wastewater" of this
Agreement in the amount of$4,909.67 is refundable to the previous Developer and Utility,who previously
paid for the wastewater main extensions along Crei In Forest Drive_
33. The wastewater connection point is a pressure force main connection point and will require
the Developer,its successors and assigns,at its/their sole cost and expense,to install and maintain a grinder
pump station and piping,capableof pumping the_anticipated_1ow.at.the..regauiredpressure condition,_and
Developer shall be responsible for connection of said piping to Utility's system at the valve box within
Utility's easement in order for the flow to be pumpedinto U-tility's-system_.foz treatment and disposal_
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In addition, Developer, its successors and assigns, hereby agree(s) to install and maintain a
Flowmatic ball check valve,Model 508(epoxy coated cast iron body),atits/their sole cost and expense,on
the_discharge side oftheDeveloper's.grinder pump station_The Flow_maticball-heck valveshalL-be._placed
in a protective valve box with a lid. The check valve and valve box shall be positioned on a horizontal
segmennt_of pipeatleast_(2).linear feet.outside_of the.grinder pump station
Prior to the start-up of the grinder pump station, Developer, its successors and assigns, will be
required to pull the grinder pump for Utility's inspection to ensure the proper grinder pump and check valve
have been providecLlf th.eproper grinder pump and checkvalve have been provided,the system,start up_will
be allowed to proceed.If not,Developer,its successors and assigns,shall correct the pump station and check
valve and call for a follow-up inspection. An additional service charge will be assessed for the follow-up
inspection.
34. The Developer will own and maintain the private pumping station and-check valve on the
Property, and in the event-of an electrical power outage,it-shall be-Developer's responsibility to provide
backup_power,.ifcontinuous:service is desired_ Utility is:in_no.way responsible for.damages;or uryTeither
directly or indirectly,related to sanitary sewage Overflows, spills or stoppages related to loss of electrical
power or any ma 1 fiincti on_of the privately owned.facilities._
35. 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.
36. The Developer will be responsible for the site restoration of their Property,upon completion
of.theproject_
37. Regarding Developer's facilities,Utility agrees to finance$12,497.20 for a term of ten(10)
years(that principal amount,plus accrued unpaid interest,-and any charges thereon,shall be-known-as-the
"Financed SysteniDevelopment Charges:Amounf'):in_+connection_charges,_as:delineated pa;agr -—4of
the Agreement,representing unpaid,fmanced water system development charges and/or wastewater(i.e.,
sewer) system'development charges ("Financed System Development Charges") for the Utility's capital
improvements:and debt_serviceon_such_capi.taLimprovements,_as_authorizedandspecifiedin_theUiility_'s-
enabling legislation,Chapter 94-491,Laws of Florida, Special Acts of 1994-("the Act"), as duly recorded
on_10/3/1994,in_Officia1 Records Book 1524,.Pages 1798-1836;.public records:of Clay County,_Florida:_
Specific reference is made to Section 11 and Section 19.(6)of the Act,respectively,which provide in
pertinent part that the priority of such liens for the Utility's unpaid rates,fees,and charges,in general,and
morespecifically thtliens for the Utility's_Financed System_Development Charges,_"._ shall be superior
and paramount to the interest on such parcel or Property of any owner, lessee,tenant,mortgagee. or other
person except the lien of county taxes and shall be on a parity with the lien of any such county taxes...",or
words to-that effect.
Developer agrees to and confirms the continued validity and priority of such lien until the Financed
System Development Charges Amount is paid in full. Developer shall be solely responsible for the timely
payment in_-fill of any intangible taxes or documentary-stamp taxes due with.respect to the foregoing
Financed System Development Charges Amount under this Agreement,if any,together with any interest or
penalties thereon,and Developer hereby agrees to indemnify, defend, and hold Utility harmless from-any
loss,-cost,.expense.,claim,and/or demand for the same
The then current monthly amortization payment due hereunder shall be added to the Utility's water
and/or wastewater service billing for this Property,which Developer agrees to pay when due without offset
or abatement Continuous service by the Utility to_Develaper's_Property will be confine nt:uport.timely
payment of the entire Financed System Development Charges Amount as fmanced herein. The current
annual rate of interest applicable to the unpaid principal balance of the Financed System Development
Charges Amountfor the current fiscal year is-169%...This.rate of interest will beset on October 1 of each
new fiscal year,in accordance with the requirements of Utility's then current Rate Resolution and Service
Availability Policy. The monthly amortization payment due hereunder-will change each year to the new
amortization payment amount,if.the interest.rate_changes_
The unpaid balance of the Financed System Development Charges Amount may be prepaid to Utility
in full or in part without penalty at any time. Payments received by Utility shall be applied first to any late
fees;-os service.charges,thenzn-accrued;-unpaid-interest,and finally to the-outstanding.principal balance of
the Financed System Development Charges Amount.In the event of uncured default for nonpayment of any
installment or amount due hereunder,the lien for the Financed System Development-Charges Amount shall
be subject to enforcement, and even foreclosure,as provided by_applicable_law,Utility policy or_rule
applicable with respect to liens for unpaid rates, fees and charges owing to Utility for water, wastewater
and/or reclaimed water service. Furthermore,non-payment of the monthly amortization payment shall be
grounds-for the Utility's-refihsal to initiate service to the Property or for discontinuing service to the Property
as the delinquent payment ofthe installment due onthe Financed System Development Charges Amount is-a
delinquent paymentfor Utility water,wastewater and/or reclaimed-warm-services
Developer further confirms and agrees that the Financed System Development Charges required to
be repaid as described herein to Utility shall be a valid and-subsisting lien against the Property, and
notwithstandingany contrary provision contained herein,that the same.shall not be extinguishedor satisfied
by any transfer of the interest of Developer in the Property, whether by sale or mortgage foreclosure, or
otherwise. Therefore, this lien-obligation shall bind any successor lessee,-owner or-other occupant of-the
_Property,or.ofany.portion thereof,andUtility-shall have_thesight.to-withholdservice ta-the.Property,oraay
portion thereof,in the event that the unpaid balance of the Financed System Development Charges Amount
is not assumed and timely paid as it accrues hereunder. Developer agrees to notify its mortgagee and any
successor owner of all or part ofthe Property of the existence_of-this lien-in.favor of Utility..
Developer hereby irrevocably appoints the Executive Director of Utility as its attorney-in-fact for the
purpose -of executing any and all notices of lien, joinder, consent, and the like, as may be reasonably
required by.Utility for the purpose of evidencing the unpaid_Financed_System Development Charges
Amount as a continuing lien against the Property, and confirming Utility's exclusive right to serve the
Property with potable water service, wastewater collection service, and reclaimed water service, as
applicable,over easements:grantedby Developer to.Utility,.providing Utility with_access for such purposes
to the Property.
38_ This Ag eementshalLbe enteredinto.betweenUtility and Developer,shallmnwitla_theland,
and shall be recorded in the Public Records of the county where the Property is located. In addition, a
separate Notice of Lien for Unpaid Financed System Development Charges Amount shall be recorded
conternpor-aneniiswitla_orfollawing the recordin ofthis Agreement- IfthePropertyis.sold,the.balance of
the Financed System Development Charges Amount then outstanding shall become immediately due and
payable at the date of closing. Upon receipt of final payment of the Financed System Development Charges
Amount, Utility shallissue and record_a"Notice of Satisfaction_"_of..the_pay_anentin-filll-of-the Financed
System DevelopmentCharges.Amountinthe Public Records of theappropriate-county_
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39. This Agreement does not include any other developments(future additions)that are planned
for this Property. A separate agreement will be prepared for the additional requirements of each future
development onthe Property when cudti develolynent is:initiate4
40. The construction of this project will not commence until receipt of all permits,and easements
if necessary, and•this-A greement is executed and the charges stated herein_are paid_
41. The Agreement will need to be executed by Developer,and the charges paid(shown on page
2-of Agreement),prior to October 1, 2024, or this Agreement will be subject to any Service Availability
ehargeincreases_approued_by Utility'sB.oard of Supervisors_for.the_nez .fiscal year be.'nning October i,
2024; and this Agreement is subject to any material cost increases which Utility may experience after
October 1;2024;
[Si•natnres:Be, in.NexLPagg}
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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,excel ited opy-of this.Agreement
WITNESSES: DEVELOPER:
Witness: By: /--G. (Seal)
-Print..Name: �(:/.7 r) J4.j'I(.0/ Ilruce L:y_nn_-Cod er
v/
Witness: C
Print.Name: Chr i' fi rya ' : ..Sett-
STATE OF 41 06C)17
COUNTY OF CV21 j
lie foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this A.13 day of — c , 2024, by BRUCE LYNN COOPER,JR., who is
personally.knownto:Me_or who has produced_ Fl- Dv. ,as-irlf.ntifiention
ni.,•li;'n'e., AUTUMN L.RISHER
Pr N ;1YU1� ` \S
?° „1.,: Notary Public State of Florida ;
"' �= Commission#HH 305367
.9OFo. My Comm.Expires Oct 30,2026 Notary Pi�bl�c_in�nd for the
County and State Aforesaid
My Commission:Expires: \o1 00.1)
WITNESSES: DEVELOPER:
Witness: By: O'n, i C (Seal)
Print.Name• %il(i d tM Ana M._Cooper
Witness: e_____---,...\_....; ---
Print.Name: ells iSinnc, -jn55elf--
STATE OF BO
COUNTY OF C.
The foregoing instrument was acknowledged before me by means of N physical presence or
online notarization,this `k 1 day of ; , 2024, by ANA M. COOPER, who is personally
luiawn.tome or who has produced_ Di -,..as:_identifcatiaii.rii...a:; AUTUMN L.RISHER
• <= Notary Public-State of Florida p n N e: �
41 ; ,,s'' a Commission#HH 305367 ,Q c
°FF`••" My Comm.Expires Oct 30,2026 Notary Public iaanrl for the
a o3'
•-‘.... ... - „ County and State Aforesaid
J\iy Commission Expires:- l.)` r 1 2(
- II -
'WITNESSES: UTILITY:
CLAY COUNTY UTILIT URITY
•
Witnes (2k, - By: tt � —�--
Print Name: n eXbn 3 � ton RR, M.B.A.
411171P-b,
utive•D _-etor
Witness:
PrinLName: Summer P. Berndt (CorpomteSeal).
STATE.OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization,this 144-h day of 5 lT C ,2024,,by JEREMY D.JOHNSTON,.
as.EXECUTIUE.RIRECTORof CLAY COUNTY UTILITY AUTHORITY,who is personally known..to me.
,v,,my,, SUMMER P BERNDT Print Name: Summer P. Berndt
��p Notary Public-State of Florida •
%��*= Commission# HH 450194 Notary Public m and for the
: fj� --- My Commission Expires County����/��� ��� January 26, 2028 Coun J and StateAforeSaid.
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WASTEWATER SERVICE
TO-•3153-CREIGHTONi LANDING-ROAD
Parcel Identification No. 44-04-26-014027-002-00 .
Official_Records-Boo c4216,_Pages_1032-1.034;_Clay..County,Florida_ •
EXHIBIT "A„
Part of Lot 6, Creighton_ForestUnit 2, as recorded in the Public Records of Clay County, Florida,in Plat Book
4,pages 35 and 36 described as follows:
For a point of reference,commence at the Southwest corner of said Lot 6; run thence North 6 degrees 31
minutes 30 seconds East along the West Line of said-Lot 6,a distance of 292 feet;to the Point-of Beginning;
thence continue North 6 degrees 31 minutes 30 seconds East along last saidline 146 feet; thence South 83
degrees 28 minutes 30 seconds East 150 feet to the East line of said Lot 6;thence South 6 degrees 31 minutes
30 seconds West along last said line, 146 feet; thence North 83 degrees 28 minutes 30 seconds West 150 feet to
said Point of Beginning.
Subject to-an casement for drainage and utilities over-and-across-the Easterly 1-5-feet-of the above described
parcel of land.
Together with an easement for ingress,egress and utilities recorded in Official Records Book 446,Page 218. •
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rsclaimer:
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
ormation which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
ormation 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 ——
t offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
not a survey and should not be construed in any manneras such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
ich 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
rify all site,property,infrastructure,and utility information prior to any decisions or actions.
n Uri fv8_28 3 ' CCUA
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ris-CO(7N Title:
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__ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
OP—
Info:
C
r� Middlebur Florida 32068-3907 Water Features
g+ Prepared by CCUAGIS Portal'a Phone 904 272 5999Ill■ Gravity Sewer Features
�t 8/19/2024,11:Sa:a9 AM Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 100 feet - Reclaimed Features