HomeMy WebLinkAbout05.e.02 DA MU24.25-8 - Asbury Hammock ,
Return to: MU24/25-8
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
ASBURY HAMMOCK-170 SINGLE FAMILY LOTS
Parcel Nos.: 16-05-25-009342-000-00 (Mid-Clay System)
&38-05-25-010157-000-00 Name of Project
Clay County
DEVELOPER AGREEMENT
c)
THIS AGREEMENT GRANTS TO THE"UTILITY"(AS HEREINAFTER DEFINED)AN ENFORCEABLE LIEN
ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN(THE"PROPERTY")FOR CERTAIN
DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE.
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THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this 1°J day of 1
2025, by and between RICHMOND AMERICAN HOMES of FLORIDA, LP, a Colorado limited partnersh.
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 and 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
potable water and wastewater service to the Property and thereafter operate applicable facilities so that the occupants
of the improvements on the Property will receive adequate potable water and wastewater service from the Utility;and
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and
undertakings regarding the furnishing of potable water and wastewater 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 and potable 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.
(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 w. lamFfi5Ci• 3 t4. • D.
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JAN 17 2025
By
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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 potable 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 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 and
potable water distribution systems where applicable, and further to induce Utility to provide potable 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:
($465.75 x 170 ERCs) $ 79,177.50 *
Alternative Water Supply Charge:
($399.65 x 170 ERCs) $ 67,940.50 *
SJWMD Black Creek Water Resource Charge:
($103.66 x 170 ERCs) $ 17,622.20 *
Wastewater Capacity Charge:
($4,243.50 x 170 ERCs) $ 721,395.00 *
Environmental Impact Charge:
($410.00 x 170 ERCs) $ 69,700.00 *
Total Capacity Charges to be Deferred $ 955,835.20
(b) Debt Service Charge:
($196.73 x 170 ERCs) $ 33,444.10
(c) Main Extension Charge—Water $ 30,593.20 **
Main Extension Charge—Wastewater $ 41,845.50 **
(d) Meter Installation Charge $ N/A ***
(e) Plan Review Fee $ 2,233.00
(f) Inspection Fee $ 5,649.09
(g) Recording Fee $ 119.20
Subtotal $ 1,069,719.29
Less Total Capacity Charges to be Deferred $ 955,835.20
Total Due at Execution of Developer Agreement $ 113,884.09"
* - Includes 170 ERCs, based on 170 single-family lots, which are deferred and to be paid at time of
application for service via meter install, in accordance with the then-current Utility's Rate
Resolution.
** - See paragraph 39 for explanation of charge.
*** - The potable water meters will be paid by each builder or customer upon application for building
water for each lot. This Agreement does not include a provision for an amenity center or any other
separate landscape irrigation meters for the Property or park areas.
Note: Items (e) and(f) are estimates and are subject to adjustment based on actual costs incurred.
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Method of Payment/Security Interest-Utility agrees to defer payment and collection of certain capacity
charges as set forth above on an individual per lot basis,until Such time as water service is applied for as to such lot
within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge
to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an
enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public
records of Clay County, Florida. The lien hereby created will be released by Utility on a lot by lot basis upon
payment to Utility of the capacity charges assigned to the-lot(s)to be released. The party requesting the release shall
be responsible for recording the release in the public records.
The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994
(the"Act"),which is recorded in OR BK 1524,PG 1798-1836,public records of Clay County,Florida. Specific
reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part
that the priority of such lien"... 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." Utility shall not be obligated to provide the services herein for any particular lot or
parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel.
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.
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The On-Site System shall be constructed in compliance with all regulatory requirements and the
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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.
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 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 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 fmal certification of completion to the Florida Department of
Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with
approved plans.
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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. 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 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 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 and wastewater industry with respect to the installation of all its facilities in any of the'easement areas.
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10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable water and
wastewater facilities accepted by Utility in connection with providing potable 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 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 potable
water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by
the Board of Supervisors of Utility as may be amended from time to time. However,notwithstanding any provision
in this Agreement, Utility, its successors and assigns, may establish, amend or revise, from time to time in the
future, and enforce in a reasonable manner,rates or rate schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time,
in the future, and enforce rules and regulations covering potable 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.
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 telegram,and if to Developer,shall be mailed or delivered
to Developer at:
Richmond American Homes of Florida,LP
10255 Fortune Parkway Bldg., 500, Suite 150
Jacksonville,Florida 32256
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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.
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 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.
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26. It is because of inducements offered byDeveloper to Utilitythat Utilityhas agreed to provide water
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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 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.
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 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
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 their 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, who utilize the
project's water and wastewater service within Developer's project,to apply to Utility for service after the installation
of the water and wastewater utilities have been completed and accepted by Utility. Upon completion of application
for water and wastewater service and payment of the appropriate charges set forth in Utility's then current applicable
Rate Resolution,including any security deposits required,service will be initiated to customers within Developer's
Property.
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, and
wastewater facilities that Utility agrees to own and maintain and shall be responsible for providing the legal
description for such easement to Utility.This shall include(1)all easements necessary to accommodate water,and
wastewater 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;and(3)any easements,within storm drainage retention pond areas or
along lot lines,that may be necessary to accommodate any storm water 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,
it is understood and agreed by Developer and Utility that 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.
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It shall be Developer's res responsibility to contractuallyrequire builders within the Property to establish a
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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 is not met. A service charge,subject
to Utility's Board of Supervisors approval,maybe assessed in order for Utilityto inspect and approve the proposed
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tree locations.
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. Connection to Utility's existing 8-inch water main,and the construction of the water 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 the tap through the meters and all facilities downstream of the meters
shall be owned and maintained by Developer.All water installations shall be in accordance with the plans prepared
by Yonge Development Services, LLC., Job Number 2020-007, as described in Exhibit"B," or as modified in a
manner acceptable to Utility. 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 mters during normal business
hours, for meter reading purposes.
u oses.
36. Connection to the existing 6-inch forcemain 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 Yonge Development Services,LLC.,Job Number 2020-007,
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.
37. This Agreement does not include any other developments that are planned for this Property. A
separate agreement will be prepared for the additional requirements of each future development on the Property
when such development is initiated.
38. It shall be Developer's responsibility,where the engineering plans are reviewed and approved for an
entire project(Asbury Hammock),but Developer constructs the project in phases,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 and wastewater service being initialized.
39. The charges shown in paragraph 4(c)"Main Extension Charge—Water"and"Main Extension Charge
—Wastewater" of this Agreement will be refundable to Utility for the cost associated with the upsizing of the water
and wastewater mains that will serve the Asbury Hammock Subdivision.
40. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2025,and the construction of the utilities for this total project shall be commenced
by October 1, 2025, 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, 2025; and this Agreement is subject to any material cost increases which Utility may
experience after October 1, 2025.
-10-
IN WITNESS WHEREOF,Developer and Utility have executed or have caused this Agreement,with the
named Exhibits attached,to be duly executed in several counterparts,each of which counterpart shall be considered
an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
Richmond American Homes of Florida, LP
a Colorado limited partnership
By:RAH of Florida, Inc.
a Colorado cor ion, Its General Partner
Witness: -P/11../L, By: &.'
Print Name: - 1k art A. Allison, Vice President - Land &
10255 Fortune Pkwy,Ste 150, cksonville,FL 32256 Forward Planning
Witness:
ile,yvkle,Aier
Print Na e: Ur-OkEl CAiCt-
10255 Fortune Pkwy,Ste 150,Jacksonville,FL 32256
STATE OF CA0Q2-\iJ‘,
COUNTY OF \_111lL.
The foregoing instrument was acknowledged before me by means of R-physical presence or ❑ online
notarization this l day of t_14Y1 i ,2025 by STUART A. ALLISON, as VICE PRESIDENT of
LAND & FORWARD PLANNING of of FLORIDA, INC., a Colorado corporation, as GENERAL
PARTNER of RICHMOND AMERICAN HOMES OF FLORIDA, LP a Colorado limited partnership. on
behalf of the partnership is personally known to me or who has produced tS lIN a
identification.
otc.�Pt: a C TERESoAL.COLS _
a Commission#HH 099745 LP iuv�,i
�. •k* Expires May 18 2025 Print Name:
* - i.e_resa L.e_ I�
N;.,,inn__; Q
'4'0i v,oQo OuptledThN6uagntryatary®ervises
Notary Public, State of F102_.\ at Large
My Commission Expires:
-11-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
• ness: By: —
int Name• `7,u . m.s„Mr h my,a. Jo�6.ston,P. .,M.B.A.,
cuti !' : •
11/1111 (Corporate Seal)
Witness: C52ffiraigP4317 Ow,II
Print Name: Summer P. = - ndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online
notarization this aid day of 1a 4(J ty ,2025 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is personally known to me or who has
produced , as identification.
, SUMMER BERNDT cturiynat
io Notary Public-State of Florida
-* !Lr Commission# HH 450194/ Print Name: Summer P. Berndt
3�,`PfllI `.` My Commission Expires
��,ini�`� January 26, 2028 Notary Public
State of Florida at Large
My Commission Expires: 01/loll%
ASBURY HAMMOCK—170 SINGLE FAMILY LOTS
Parcel Nos.: 16-05-25-009342-000-00 & 38-05-25-010157-000-00
EXHIBIT "A"
A portion of Section 16,together with a portion of Section 38 of the William Branning Grant,Township 5 South,Range
25 East, Clay County,Florida, being a portion of Parcel A Parcel One,together with all of Parcel B, as described and
recorded in Official Records Book 3483, page 1760, of the Public Records of said county, being more particularly
described as follows:
For a Point of Beginning,commence at the intersection of the Westerly right of way line of Henley Road,a 94 foot right
of way as presently established,with the Northerly right of way line of Lake Asbury Drive, an 80 foot right of way as
presently established; thence South 85°59'40" West, along said Northerly right of way line of Lake Asbury Drive,
1529.33 feet to a point on a non-tangent curve concave Northerly having a radius of 242.22 feet; thence Westerly
continuing along said Northerly right of way line and along the arc of said curve,through a central angle of 30°44'04",
an arc length of 129.93 feet to the Southeasterly corner of those lands described and recorded in Official Records Book
4349,page 113, of said Public Records, said arc being subtended by a chord bearing and distance of North 78°41'49"
West, 128.38 feet;thence North 00°38'40"West,departing said Northerly right of way line, along the Easterly line of
last said lands,along the Easterly line of Lot 7,Battery Bluff,as recorded in Plat Book 12,pages 45 through 47,of said
Public Records,along the Easterly line of those lands described and recorded in Official Records Book 4317,page 1295,
of said Public Records,and along a non-tangent line,a distance of 1292.38 feet to the Northerly most corner of last said
lands;thence South 88°39'14"West,departing said Easterly line,and along the Northerly line of Lots 5,6 and 11,said
Battery Bluff; a distance of 390.27 feet to a point on a non-tangent curve concave Northwesterly having a radius of
857.00 feet;thence Northeasterly and Northwesterly along the Easterly line of said Battery Bluff the following 4 courses:
Course 1,thence Northeasterly departing said Northerly line and along the arc of said curve,through a central angle of
11°11'24",an arc length of 167.38 feet to a point on said curve,said arc being subtended by a chord bearing and distance
of North 25°48'49"East, 167.11 feet;Course 2,thence North 20°23'57"East,along a non-tangent line,463.89 feet to a
point on a non-tangent curve concave Westerly having a radius of 320.00 feet;Course 3,thence Northerly along the arc
of said curve,through a central angle of 50°29'50", an arc length of 282.03 feet to a point on said curve,said arc being
subtended by a chord bearing and distance of North 04°54'58"West, 272.99 feet; Course 4,thence North 30°12'41"
West, along a non-tangent line,253.45 feet to a point lying on the Southerly right of way line of State Road No. 23, a
variable width right of wayas presently thence Easterlyalongsaid Southerlyright of wayline the following
established; g
11 courses: Course 1, thence Easterly departing said Easterly line and along the arc of a non-tangent curve concave
Northerly having a radius of 2609.00 feet,through a central angle of 11°09'08",an arc length of 507.82 feet to a point on
said curve, said arc being subtended by a chord bearing and distance of South 68°28'55"East, 507.02 feet; Course 2,
thence South 05°31'16"West,along a non-tangent line,714.61 feet;Course 3,thence South 81°26'28"East,398.93 feet;
Course 4,thence North 05°11'36"East,693.93 feet to a point on a non-tangent curve concave Northerly having a radius
of 2609.00 feet;Course 5,thence Easterly along the arc of said curve,through a central angle of 08°58'07",an arc length
of 408.39 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 87°16'30"
East,407.98 feet;Course 6,thence South 82°27'38"East,along a non-tangent line,53.37 feet to a point on anon-tangent
curve concave Northerly having a radius of 2618.00 feet;Course 7,thence Easterly along the arc of said curve,through a
central angle of 02°36'23",an arc length of 119.09 feet to the point of tangency of said curve,said arc being subtended
by a chord bearing and distance of North 85°47'35"East, 119.08 feet; Course 8,thence North 84°29'23"East,343.75
feet;Course 9,thence South 51°31'26"East, 150.26 feet;Course 10,thence South 01°05'09"East, 179.27 feet;Course
11,thence North 89°56'23"East,52.55 feet to a point lying on said Westerly right of way line of Henley Road;thence
South 00°34'16"East,departing said Southerly right of way line and along said Westerly right of way line, 1754.91 feet
to the Point of Beginning.
Containing 77.35 acres,more or less.16-05-
X:\PROJECTS\Job Files\Current\2023-107 Asbury Hammock-167 Single Family Hames\C Developer Agreemaa6AGR.ASBURY HAMMOCK.DEFERRED.DRAFT 10.3.23 JMS.doc
"
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Asbury Hammock
Engineer: Yonge Development Services
Thomas C. Yonge,P.E.
3168 US Highway 17
Fleming Island, Florida 32003
Job No.: 2020-007
Date: January 25, 2023
Engineer Description Latest .
Drawing Engineer
Number Approved
Plan Date
C-1 COVER SHEET 10/24/2024
C-3 OVERALL PLAN 10/24/2024
C-15-C-18 PAVING, GRADING AND DRAINAGE PLAN 10/24/2024
C-21 DRAINAGE STRUCTURE SCHEDULE 10/24/2024
C-26-C-29 WATER AND SEWER PLAN 10/24/2024
C-30 SEWER FORCE MAIN EXTENSION PLAN 10/24/2024
C-31-C-32 SANITARY SEWER PROFILE 10/24/2024
STANDARD WATER& SEWER OUTLINE TECHNICAL
S-SPD SPECIFICATIONS FOR DEVELOPER INITIATED PROJECTS 10/24/2024
STANDARD SCH80 &POLYETHYLENE WATER SERVICE
WAT 01 DETAILS 10/24/2024
STANDARD WATER CASING, CROSSING TYPE AND PIPE
WAT 01 RESTRAINT DETAILS 10/24/2024
WAT 03 STANDARD WATER MISC. DETAILS 10/24/2024
STANDARD FIRE HYDRANT AND D.D.C.V. BACKFLOW
WAT 04 PREVENTOR DETAILS 10/24/2024
LW-STD STANDARD LOCATOR WIRING INSTALLATIONS 10/24/2024
S-SEW STANDARD SEWER SYSTEMS DETAILS 10/24/2024
PERMANENT SUBMERSIBLE PUMP STATION WITH
S-PCON CONCRETE WET WELL 10/24/2024
S-ELEC2 ELECTRICAL SCHEMATIC DETAILS 10/24/2024
WATER, SEWER&RECLAIMED WATER UTILITY
S-UTC1 PLACEMENT IN R/W 24' PAVEMENT WIDTH 10/24/2024
X1PROJECTS\Job Files\Current\2023-107 Asbury Hammock-167 Single Family Homes\C Developer Agrcement\AGR.ASBURY HALM CCK.DEFERRED.DRAFT 10.3.23 JMS.Mc
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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 I
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 O r
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 r.
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. r
�1 I I i �' 4CCUA
LPN COV NT Title:
_._ L Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
i� Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Features
G 'a Phone 904 272 5999 Ill■ Gravity Sewer Features
J� �'` Info:1/23/2025,8:22:35 AM Forced Sewer Features
Conservation.Commitment.Community
�TYAUTNV 1 inch = 500 feet - Reclaimed Features