HomeMy WebLinkAbout05.e.03 DA KU24.25-19 - 1662 White Owl Rd Record:&Retortito; —
KU24/25 19
Cray County;Utility Authority,
3I16 OldJennings Road
Middleburg,Florida 32068-3907 •
WATER&WASTEWATER SERVICE
TO 1662 WHITE OWL-ROAD
Parcel No:-31-04=26=021254-002-00,• (Kingsley System)
Clay County Naive-of Project
DEVELOPER AGREEMENT
THIS DEVELOPER-AGREEMENT("Agreement"),made and entered into this / A .day of
� 2025, by and between ROBERT• F SIJRGEONER and CHRISTY S.
SURGEONER,. husband and wife,: hereinafter referred to as '"Developer.", and CLAY COUNTY
UTILITY AUTHORITY air independent-special-district'established under Chapter 94-491 Laws of
Florida, Special Ads of 1994,hereinafter referred to as "Utility".
WHEREAS,Developer owns or controls lands located in ClayCounty.,Florida,and described in
Exhibit"A";attached hereto and ineotporated herein by reference(hereinafter"Property");-
WHEREAS; Developer desires that the Utility provide •central water, pumping, treatment.and
distribution'service-and/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 so that the
occ..upants.of the improvements on the Property will receive adequate'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 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 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 ofinterpreting 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.
(l )• "Contribution-in-Aid-of-Construction(CIAC)"-The sum'of inotieyand/or the 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 specified 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.ofxesidential
connections. For this-purpose the average daily flow of one:water ERC is..(450)GPD'and.one.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's side of the meter
and for wastewater service at the lot or property line. Utility shall,according to the terms and conditions.
hereof, own all'pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and
appurtenances inside the point of-delivery shall belong to others.
(e) "Service" -The readiness and ability on the part of Utility to furnish and maintain
water 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 acid warrants thathe is the owner of the PrOperty.
and has the legal right to grant the exclusive Tights 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 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 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°1.0<ERC) $,:, 465:75
Alternative Water Supply.Surcharge:
($599.65 x 1.0 ERC)- $ 399.65
SJRWMD Black Creek Connection Charge:
($103:66 x 1.0 ERC): $ 103.66
Wastewater Capacity Charge:
($4 243.50 x 1.0 ER.C) $ 4,243.50
Environmental Impact Charge:
($410.00 x 1.0ERC) $ 410:00
(b) Debt Service Charger
($196.73 x 1.0 ERC). $ 196.73
(c) Customer.Connection Charge(Tap-in) Water $ N/A
CustoinerConnection Charge(Tap-in).-Wastewater $ N/A
(d) Main Extension'"Charge-Water $ N/A
Main Extension Charge-Wastewater $ N/A
(e) Meter Installation Charge $ 494:79 *
(f) Plan Review Fee . $' 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee . $' 125.00
Total $ 6,516:0V
* - Includes one 5/8-inch x 3/4-inch potable water meter installation with meter box.
Note: Items(f)and(g).are estimates and are subject to adjustment based on actual cost incurred. ,
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 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:
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Except as otherwise stated in this Agreement, neither 1:)eveloper 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 water or,wastewater facilities and
properties of Utility,and all`prohibitions applicable to Developer with respect to no refund ofsuch 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.
S: Agreementto 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'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. liable for any temporary interruptions.in service as.a result of equipment failure,
emergencies or acts of God.
• 6. Application for Service- Developer; or-any owner of.any parcel'of•the Property,or any
- occupant_of any residence,building or u it located thereon shall not have the right to_andshal.l 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.
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 penod of time Utility
provides water,and wastewater services to the Property. Utility shall have the sole and exclusive right and;
privilege to provide water,and wastewater service s to the.Property and to the,occupants.of such residence,
building or unit constructed thereon.
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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 theahen current Rate;Resolution most recently
• adopted by the Board Supervisors of the Clay County Utility Authority 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'tlis Agreement,Utility may establish,-an end or revise;from time
to time, in the future, and enforce rules and regulations..covering water and wastewater services to,-the..
Property.: However,all such rules and regulations so established by Utility shall..at all'times be reasonable.
and subject to such regulations as may be provided by law or contract.
9.. Effluent.Disposal Obligation - As'further consideration for,this.Agreement, Utility may
'require Developer to take back treated"effl tent:for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate.agreemc it.will.beenteredinto.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 floor drains are
connected-to the Utility's sanitary wastewater transmission system. Such installation shall-be in accordance
with the.req ureinents of the Utility. Should any non-domestic wastes, grease or oils, including,but not
• limited to;floor wax, paint; chlorides,or.saltwater•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 reuse standards as:aifirfigatioti:suPPly source, the Utility has the right;in its reasonable
discretion;trrdeelitte'cir-diseotitintie ViVt6s1clrpraietti or ctistonier andto require,such pretreattnent or-
other measures as,are necessary to protect the integrity of Utility's system•and the ability,to serve its
members. •
11. • Binding Effect of Agreement..-This Agreement shall be binding.upon and shall inure.to the
benefit of Developer,:Utility_ and their respective assigns arid successors by Merger; consolidation,
conveyance or otherwise. Any assignment or transfer by Developer shall be subject to UtilitY approval
which shall hot be unreasonably withheld provided-the assignee or transferee"shall acknowledge in writing
that it assurnes.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 eiectronic:thaili.andifto Developer,shall be-mailed or
delivered tO Develbper
Mr:and Mrs.,Robert F. Surgeoner
2111 Autumn Cove Circle
Fre-Ming IslankFlorila 32003
and if to.the OH*at:
• Clay County Utility Authority
3176 Old Jennings Road
Middlcbtirg,Florirla3206&3907' • •
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13. .• Laws:of Florida-This Agreement shall-be goveriiedby the laws Of the State Of FlOrida andit
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.
14 Costs and AttbmeY's Fees 'In the event the Utility or Developer is requitedlo:enforce this
Agreement by court proceedings, by instituting suit-or otherwise, then-.venue-shall-he in-.Clay.County,
Florida,and theprevailingparty shall be entitled to recover from the other party all Cost:incurred,including
reasonable attorney's fees: _
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Force.Maieure - In the event that the performance of this Agreement by. either party is
' prevented or interrupteditizonsequenCC of any cause beyond the-control of either party,including,but not -
Iiinited to acts ofGodor of the 011)1k-enemy,war,natibnal emergency,allocation or of other governmental
restrictions upon the use or availability oflabot or materials,civil disorder,strike,embargo,natural disaster
Or catastrophe, unforeseeable failure or breakdown of V 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.
16. Indemnification -Developer agrees:to indemnify and*hold the utility hannles 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':
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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.
developuient phase and to the Property..as a whole:
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,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-duty 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 unreasonably withheld or delayed.
21.. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon 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
of any right or power hereunder at anyone time or times be deemed a waiver or relinquishment of such right
or power at any other tithe or times.
23-. It is because of inducements offered by Developer to Utility that Utility has agreed:to provide
water and wastewater services;to:Developer.''s project Capacity reserved"hereunder cannot and shall not be:
assigned by Developer to Third without the written consent.of Utility,except m the case of a bona-
fide sale of Developer's Property.
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 bebinding on.the.siiccessors=and assigns of the
Developer.
25. 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=govermnerrtal''authorities:and will pursue the same tothe 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.
26: It shall be Developer's responsibility or Developer's customers'`responsibility,utilizing the
project's water and wastewater-service:within-Developer's project, to:apply to Utility forservice 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. -.
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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.
2 Developer shall-rant.an easementto-Utility covering any'portion of the potable water mid
wastewater facilities that Utility agrees'to:own and maintain;..:and Developer shall be responsible for
providing the legal description for such'easement to Utility. In addition;this Agreement is contingent upon
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.
30. The Utili ty shall own and maintain all water facilities upstream of the downstream side of the
potable water meter,and all facilities,downstream of the downstream side of the potable water meter shall be
owned and maintained by Developer. Utility shall have access to the water meter for meter reading and
maintenance piii'poses,
31. It shall be the Developer's yesponsibility to notify the Utility and install.or-have installed an
approved lead free backfl.ow prevention assembly immediately downstream of Utility's 5/8-inch x 3/4-inch
potable water meter,should there be an active alternative water source on the Property. •
32. Ikewastewater:connectiompoint is a,pressure force main connection point and will'requite
the Developer,its successors and assigns,at its/their sole cost andexpense,to install"and°maintain-a grinder
pump station and-piping,capable of pumping the anticipated flow at-the required pressure 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 pumped into Utility's system for treatment and disposal. :
lit'addition, Developer; its successors and=-assigns, hereby agree(s) to install-and maintain--a:
Flowmatic bal:tcheek valve,.Model 508'(epoxy coated-castiron body,),at=its/their sole cost and-expense,on
the discharge side of the Developer's-grinder puinp:station-_The Flowmatic ball-check valve shall be placed
in a protective valve box with a lid. The check valve and valve box shall be positioned on a horizontal
segment of pipe at least(2)linear feet outside of the grinder pump station.
Priori to.the-start-up of the grinder pimp station;,Developer, its successors and assigns,,will be
required'to pull-the grinder pinup for Utility's inspection:to ensure theproper grinder pump and-cheek valve
have been provided:If the proper grinder ptnnp-arid check-valve 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.
33:: The Developer will own andmaintain 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,if continuous service is desired. Utility is in no way responsible for damages or injury,either
directly or:indirectly,related to sanitary sewage overflows;spills or stoppages related to loss of electrical
power.'-or anytrmalfunetion-:.of.the privately aimed facilities. -
34: All wastewater-installationsupstrearirofDeveloper'spoint 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.
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35. The Developer will be responsible for the site restoration of their Property,upon completion
of the project.
36 This Agreement-does notinclude 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 on the Property when-such-development-is-initiated
37. The construction of this project will not commence until receipt of all permits,and easements
if necessary,and this Agreement are executed and the charges stated herein are paid.
38: The Agreement will need to be executed by Developer,and the charges paid(shown on page
2 of Agreement),prior to October 1, 2025, or this Agreement will be subject to any Service Availability
charge increases 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-.
[Signatures Begin Next Page.
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IN WITNESS WHEREOF,Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement. -
• W.ITNESSES:- DEVELOPER:- '
Witness: / By: (Seal)
Print Name' 01/V . "Milati Robert F. Surgeo er
Wit110S•.• _ 411,
•
Print Nam* :-- sin "yi9• �- -
•
STATE OF f")ti104
COUNTY OF Ltr �.
The for g oii instrument was acknowl edbefore me by Meant I .physical. resenec:og.0;
•
g y : ..:: ..,, P;
online-notarization,-this: .l 3 bk- day c f " �(�. ,2e25;bhyRo1ERTE SURGEONER,who is.
••personally kinOWn-tome or-has-produced, ,as identifications
Print Naive:.. Rom fd• #1441#6r/
.w
Notary Pubhc�rn'and'for'.tl'p� ,..:���. R
� =•-+�' ROGER A.HIGGINDOTiWA
County and State Aforesai� . ,.,
My Commission Expires: "k' ':'' MY COi�l111SSION HH 452715
� .'w.�. EXPIRES:October 23,2027
WITNESSES: DEVELOPER: 1
Witness•' By: (Seal).
Print Name. * [- Christ S. Sur ner
•
Witness.. ..
Print Natne:
•STATE OF fLa1404-
COUNTY OF c �
The:foregoing-i_nstrument was acknowledged-before Me by-means of II physical:presence or E.
- online notarization,this- /3fu- day of. 1. ,2025;byCHRISTY a SURGEONER,who is
• personally known-to-me or has produced ,as identification. .
(itiviai y :real) CA
nn /L—
PriuitName /QYce,.,_ /-. / / ram)rl>'
Notary:Public in.and'for the
County and State-Aforesaid
My Commission Expires: —__ . -
r=�i►e' '' .; ROGER A.HIGGINBOTHAM
a MY COMMISSION#HH 452715
•• ►.,,�•�• EXPIRES:October23,2127
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness: By:
Print Name: a Jo/ n :,M.B.A.
ue, -ctor.
Witness: ALLY.'Pl 11
Print Name: Summer :erndt (Corporate Seal)
STAIE OF FLORIDA`_
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0_
online notarization,this X)Hh day of Q,(1 ,2025,by JEREMY D.JOHNSTON,
as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known
to me.
o0,""4, SUMMER R BERNDT
ItR oeij
=o ,;Notary Public-State of Florida
� •= Commission# HH 450194 Print Name: Summer P. Berndt
�` .My Commission Expires
20F�,t'� January 26, 2028 Notary Public In and for the
County and State Aforesaid
M3'Commission Expires: OI/d(e/a$
WATER 4 WASTEWATERSERVIC'E
Ta 1G62 v >ETE.QWL:RQA }
Parcel Identification No. 31-04-26-021254-002-00
Official Records Book 4756,Page 1347-1348, Clay:County,Florida
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EXHIBIT"A"
Lot 12,Block B;Map.of Section.One of Neilhurst,according to.the:map or plat thereof,.as recorded in:
Plat Book 2,Page(s)44 through 46,inclusive, of the Public Records of Clay County,Florida.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
CCUA
1.- COV Title:
........"--1" Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
C
� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
'a Phone 904 272 5999ill■ Gravity Sewer Features
�t 2/11/2025,9:31:24 AM - Forced Sewer Features
Conservation.Commitment.Community
ll.)"AUTH� 1 inch = 100 feet - Reclaimed Features