HomeMy WebLinkAbout05.e.06 DA CU24.25-19 - RaceTrac Return to: CU24/25-19 Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
WATER &WASTEWATER SERVICE TO
THE RACETRAC GAS STATION &
CONVENIENCE STORE, LOCATED AT
1930 GREGORY B. CLARY WAY
Parcel No.: 06-05-25-009042-006-00 (Clay Utility System)
Clay County. Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this 9-5 day of
A , 2025 by and between RACETRAC, INC., a Georgia corporation, hereinafter
referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY, an independent special
district established under Chapter 94-491,Laws of Florida, Special Acts of 1994,hereinafter referred to as
"Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in
Exhibit "A," attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central 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
occupants 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 of interpreting the terms as
used in this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation"-All facilities ordinarily on the consumer's side of the point
of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAC)"-The sum of money and/or the value
of property represented by the cost of the wastewater collection system,potable water distribution system,
and reclaimed water distribution system constructed or to be constructed which Developer or owner
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to specified Property.
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(c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day
(GPD)which is used to convert a given average daily flow (ADF)to the equivalent number of residential
connections. For this purpose the average daily flow of one potable water ERC is (450) GPD and one
wastewater ERC is (311) GPD.
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with
the pipes of the consumer. Point of delivery for 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 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 - In addition to the contribution of any wastewater collection 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 6.50 ERCs) $ 3,027.38 *
Alternative Water Supply Surcharge:
($399.65 x 6.50 ERCs) $ 2,597.73*
SJWMD Black Creek Water Resource Charge:
($103.66 x 6.50 ERCs) $ 673.79 *
Wastewater Capacity Charge:
($4,243.50 x 6.50 ERCs) $ 27,582.75 *
Environmental Impact Charge:
($410.00 x 6.50 ERCs) $ 2,665.00 *
(b) Debt Service Charge:
($196.73 x 6.50 ERCs) $ 1,278.75 *
(c) Main Extension Charge -Potable Water $ 1,612.00 **
Main Extension Charge - Wastewater $ 1,930.50 **
Main Extension Charge - Reclaimed Water $ N/A
d) Fire Protection Capacity Charge $ N/A
e) Meter Installation Charge $ 2,600.96 ***
Plan Review Fee $ 616.00
g) Inspection Fee $ 1,089.98
h) Recording Fee $ 136.56
Total $ 45.811.40
* - Includes 4.50 ERCs for the water capacity charge and 6.50 ERCs for the wastewater capacity
charge for the building,based on the fixture unit count, and 2.00 ERCs for irrigation water
service for the Property, based on 800.86 AGPD, all in accordance with Utility's Rate
Resolution.
** - See paragraph 42 for an explanation of the charge.
*** - Includes one 2-inch potable water meter for the building and one 1 1/2-inch potable
irrigation meter(without meter boxes).
Note: 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 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 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 excluding those serving only
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 water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the water and
wastewater systems for the project. The proposed electrical transformer layout of the electric utility
providing service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects,latent or otherwise,with respect to workmanship,materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility, and immediately assign the same and the right to enforce the same to the Utility
on or before such date.
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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, reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors
during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which potable water, reclaimed water, and wastewater systems are installed, with adequate legal
access to same, by recordable document satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites, along with recordable ingress/egress easement
documents.
(g) Provide a copy of the project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy. 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.
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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 water distribution facility and wastewater collection 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 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 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,
including a Dependent or Independent Special District of Clay County, but subject to the terms of this
Agreement, the exclusive right or privilege to construct, own, maintain and operate the water and
wastewater facilities to serve the Property in, under, upon, over and across the present 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 water and
wastewater collection facilities, save and except consumer installations, shall be covered by easements or
rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there
shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of
these easements, such as for cable television,telephone, electric, or gas utilities. However,the use of such
non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby
agrees that all easement grants will be utilized in accordance with the established and generally accepted
practices of the potable water,reclaimed water,and wastewater industry with respect to the installation of all
its facilities in any of the easement areas.
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10. Utility's Exclusive Right to Utility Facilities -Developer agrees with Utility that all potable
water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or
any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest
in and to such facilities or any part of them, for any purpose, including the furnishing of potable water,
reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of
the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates -Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as 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 water and wastewater services to the
Property. However, all such rules and regulations so established by Utility shall at all times be reasonable
and subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by the Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance
with the requirements of the Utility. Should any non-domestic wastes, grease or oils, including, but not
limited to, floor wax, paint, chlorides, or salt water or any substances and materials which contain any
hazardous,flammable,toxic, and/or industrial constituents,be directly delivered by Developer to the lines,
of the Utility,Developer will be responsible for payment of the cost and expense required in correcting or
repairing any resulting damage to the system or property of third parties.
In the event Utility determines that the Property to be served poses a threat of introducing chlorides,
salt water, or similar constituents into the collection or transmission system at levels determined by the
Utility to be harmful to the wastewater system,including,but not limited to,the system's ability to provide
effluent meeting reclaimed water standards as an irrigation supply source, the Utility has the right, in its
reasonable discretion, to decline or discontinue service to such property or customer and to require such
pretreatment or other measures as are necessary to protect the integrity of Utility's system and the ability to
serve its members.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility, and their respective assigns and successors by merger, consolidation,
conveyance, or otherwise. Any assignment or transfer by Developer shall be subject to Utility approval
which shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing
that it assumes the duties and responsibilities of Developer as set forth in this Agreement.
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15. Notice - Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger,by mail,or by electronic mail, and if to Developer,
shall be mailed or delivered to Developer at:
RaceTrac, Inc.
Attn: Justen Giambalvo
200 Galleria Parkway, Suite 900
Atlanta, Georgia 30339
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto, subject to any approvals
which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County,
Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees.
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 wastewater and water
distribution system.
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.
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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 Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms, covenants, or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right
or power at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Capacity reserved hereunder cannot and shall not be
assigned by Developer to Third Parties without the written consent of Utility, except in the case of a bona-
fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
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 or Utility, in accordance with Utility's standard
specifications, details and notes,which are to be accepted by Utility for ownership and maintenance,as set
forth in paragraph 5 (d)herein; and the Utility's charges associated with the review and quality assurance of
the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility
contractor and shall be provided in accordance with CCUA's "As-built Specifications Standards Manual",
which can be obtained from the Utility's website(www.clayutility.org).It shall be Developer's responsibility
to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the
required as-built drawing procedures.
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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 water and wastewater facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water and
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility.
33. The landscaping for this project(new or existing)shall not include the planting of any trees
within seven and one-half feet (7 ft. 6 in.) of any water, wastewater, and/or reclaimed water mains to be
owned by Utility.
34. Connection to Utility's existing stub on the 12-inch water main and the water infrastructure
construction from the point of connection to the water services 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 point of connection through the meters, and all facilities downstream of the meters shall be
owned and maintained by Developer. Utility shall have access to all of the water meters during normal
business hours, for meter reading purposes.
35. All wastewater mains 8-inch and larger in size,which are terminated by a manhole at each
end,shall be owned and maintained by Utility,including mains 8-inch and larger in size that are stubbed for
future extensions. All such facilities shall be installed by Developers' 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 service lateral lines servicing Developers'Property,which are located
upstream of such facilities shall be Developers' responsibility for ownership and maintenance.
36. Developer shall install or have installed reduced pressure type backflow prevention devices,
which shall be located immediately downstream of Utility's 2-inch potable water meter for the building and
the 1 1/2-inch potable water meter for irrigation. Such installations shall be in compliance with the
requirements of the Florida DepaiIntent of Health and Rehabilitative Services and Utility. Upon the
completion of the installation of said devices, Developer shall provide to Utility for its permanent records
the Make,Model,Size,and Serial Number of said devices. Furthermore,these devices must be tested and
recertified by a certified backflow prevention technician annually or such other period as may be required by
Utility. Proof of the annual testing and re-certifications must be submitted to Utility for its records. These
installations and annual re-certifications shall be the responsibility of the Developer or its successors and
assigns. Utility shall have access to all of the water meters,during normal business hours for meter reading
and maintenance purposes.
37. Connection to Utility's existing stub on the 10-inch wastewater force main and the force main
infrastructure construction 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 8-inch force main extension from the connection point to
the 4" gate valve, located at or near Developer's property line, as shown on the approved plans titled
RaceTrac#1682 Blanding by Connelly&Wicker,Inc.,dated August 1,2024.All service lateral lines and
the private lift station servicing Developer's property,which are located upstream of such facilities,shall be
Developer's responsibility for ownership and maintenance.
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38. The wastewater connection point being constructed is a pressure force main connection point.
Therefore, it will be the Developer's project Engineer's responsibility to design and permit the proposed
duplex lift/pump station,which is capable of pumping Developer's flow at the required pressure condition
and connect said piping to Utility's system at the valve box within Utility's proposed easement on the front
of the Property,in order for Developer's flow to be pumped into Utility's system for treatment and disposal.
In addition, Developer hereby agrees to install and maintain (2) two Flowmatic ball check valves, Model
508 (epoxy coated cast iron body), one check valve and valve box shall be positioned on a horizontal
segment of pipe at least two linear feet outside the duplex pump station and the other check valve and valve
box shall be installed at Developer's forcemain service. The Utility will require a copy of the pump station
material submittals for review and approval,prior to the Utility providing service.
Prior to the start-up of the duplex grinder pump station,Developer will be required to pull the grinder
pumps for Utility's inspection to ensure the proper grinder pumps and check valves have been provided. If
the proper grinder pumps and check valves have been provided, the system start-up will be allowed to
proceed. If not, Developer shall correct the pump station and check valves, and call for a follow-up
inspection. An additional service charge will be assessed for the follow-up inspection.Developer will own
and maintain the private pumping station and check valves 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 any malfunction of the privately
owned facilities.
39. Developer shall install'or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain in the facilities,in accordance with Utility's requirements for same. Developer
shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors and such
interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff
shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors.
Developer shall maintain records of maintenance and cleaning.Those records shall be made available to the
Utility upon request.
40. Developer shall install or have installed grease/oil/sand interceptors meeting the requirements
of the Clay County Department of Health and Rehabilitative Services, the Florida Building Code, and as
shown on the final plans prepared by Connelly & Wicker, Inc, Project No. 1682, titled RaceTrac# 1682
Blanding-1930 Gregory B. Clary Way, which have been approved by Utility. Developer will be responsible
for the continued maintenance and cleaning of interceptors and shall be subject to periodic unannounced
inspections by Utility. Also, Developer shall not discharge grease, oils, or sand, intentionally or
unintentionally,into Utility's wastewater system,and such discharge of any grease,oils,or sand into Utility's
wastewater system is strictly prohibited by Utility.
41. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain stormwater shall not connect to Utility's wastewater system.
42. The charge set forth in paragraph 4(c) "Main Extension Charge - Water" and "Main
Extension Charge— Wastewater" of this Agreement is refundable to Utility who previously paid for the
water and wastewater main extension along Blanding Boulevard.
43. The charges shown on page 2,paragraph 4(a)through(h)of this Agreement are to assess the
charges for RaceTrac#1682 Blanding-1930 Gregory B. Clary Way,as shown on the plans by Connelly&
Wicker, Inc. Project No. 1682 (See Exhibit `B") and do not include any other developments (future
additions, buildings, and/or out parcel projects, etc.) 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.
-11-
44. Utility requested a proposal from Developer's contractor,Pipeline Constructors,Inc.for the
cost to upsize the following: 1,672 linear feet of 8-inch PVC water main to 12-inch PVC water main and
1,710 linear feet of 1 1/2-inch force main to 8-inch force main as shown on the plans prepared by Connelly
& Wicker, Inc. Project No. 1682, as described in Exhibit `B".. The water main and wastewater main
upsizing is part of Utility's Master Planning and does not benefit Developer at this time. Utility will pay the
cost difference in upsizing in the total amount of$77,511.00.This amount shall be reimbursed to Developer
upon Utility's final acceptance and completion of the water and wastewater main installations.
45. The construction of this project will not commence until receipt by Utility of all permits and
easements, if necessary, and this Agreement is executed, and the charges stated herein are paid.
46. 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 shall be commenced prior to
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.
[Signatures Begin Next Page]
-12-
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:
RACETRAC, INC., a Georgia Corporation
Witness: ' By:
Print Name: Nib r t e ES 0w NO 0 Name: J sten Giambalvo
Title: ice President of Construction, Engineering,
Architecture and Design
Witness: .�`'••`` ;-- , 4 bra '')e'' ,
, �Q-�`:y (Corporate Seal)
Print Name: NI leinoe1
SEAL, =
STATE OF G C�oro) -
x986.
COUNTY OF Cobb
G
The foregoing instrument was acknowledged before me by means of 0 physical presence or D
online notarization, this 1-1-6' day of Apr i ,2025,by JUSTEN GIAMBALVO,as
VICE PRESIDENT of CONSTRUCTION, ENGINEERING, ARCHITECTURE and DESIGN of
RACETRAC,IN\$I.,a Georgia corporation,on behalf of the corporation, who ispersonally known to me or
has produced /A- , as identification.
/Z.A/1/1-4—
ii
ode Print Name: ,s�� u v� 4
Fs i� Notary Public in and for the
`` ��\y,,ON EXp,. A. County and State Aforesaid
4 o� ®-spa Y `‘' My Commission Expires: 7/I /of.)z5
0 puo-
O �?'
�/ �e ' ULY......w` ,
-13-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness: --11(7:-)e-A4'---'
By: 110,_ - - -
Print Name:
Andrew H Mitchell - - ►� ohn��on, P.E., M.B.A.
xec -o' -• or
Witness: 0AR/1,,
Print Name: Je.r• (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑
online notarization, this LSI ' day of h fir; , 2025, by JEREMY JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
l/ rve-1(4//t
Print Name: Andrew H Mitchell
Notary Public State of Florida l Notary Public in and for the -
4 AM Andrew H Mitchell I County and State Aforesaid
My Comiss mion
tiff Exp 10125/2025 My Commission Expires: icy
1s/�S
RACETRAC GAS STATION &
CONVENIENCE STORE
1930 GREGORY B. CLARY WAY
Parcel No: 06-05-25-009042-006-00
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN THE NORTHWEST 1/ OF SECTION 6, TOWNSHIP 5
SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE EAST LINE OF GREGORY B. CLARY
PARKWAY WITH THE NORTHWESTERLY LINE OF STATE ROAD 21 (BLANDING
BOULEVARD); THENCE ON SAID NORTHWESTERLY LINE RUN THE FOLLOWING 3
COURSES:
1) NORTH 55 DEGREES 06 MINUTES 26 SECONDS EAST,396.90 FEET;
2) NORTH 44 DEGREES 03 MINUTES 23 SECONDS WEST, 12.66 FEET; •
3) NORTH 55 DEGREES 04 MINUTES 04 SECONDS EAST, 121.54 FEET TO THE
NORTHEASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
3698, PAGE 1635 OF THE PUBLIC RECORDS OF SAID COUNTY;
THENCE; ON SAID NORTHEASTERLY LINE RUN THE FOLLOWING 3 COURSES:
1) NORTH 44 DEGREES 03 MINUTES 23 SECONDS WEST, 159.19 FEET;
2) NORTH 44 DEGREES 14 MINUTES 20 SECONDS WEST, 543.07 FEET;
3) NORTH 44 DEGREES 12 MINUTES 13 SECONDS WEST, 114.77 FEET TO THE SAID
EASTERLY LINE OF GREGORY B. CLARY PARKWAY;
THENCE; ON SAID EASTERLY LINE RUN THE FOLLOWING 3 COURSES:
1) SOUTH 44 DEGREES 34 MINUTES 25 SECONDS WEST, 120.03 FEET;
2) SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE EASTERLY AND HAVING A
RADIUS OF 450.00 FEET, AN ARC DISTANCE OF 463.89 FEET, SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 01 DEGREES 56
MINUTES 27 SECONDS EAST, 443.62 FEET;
3) SOUTH 31 DEGREES 31 MINUTES 28 SECONDS EAST, 425.40 FEET TO THE POINT OF
BEGINNING.
SAID LANDS CONTAIN 7.33 ACRES, MORE OR LESS.
X:\PROIEC1'SVob Files\Chrrent\2025-030 RaceTac-1930 Gregory 6.Clary Way\C Developer Agreement\AGR.Rac,Tac.jms.doc
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: RaceTrac— 1930 Gregory B. Clary Way
Engineer: Mary E. Leaptrott P.E.
Connelly& Wicker, Inc.
10060 Skinner Lake Drive., Suite 500
Jacksonville, Florida 32246
Job Number: 1682
Date: August 1, 2024
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
COV. COVER SHEET 08/01/2024
GR RACETRAC GENERAL REQUIREMENTS 08/01/2024
GN GENERAL NOTES 08/01/2024
SURVEY 08/01/2024
S1 SIGNATURE SHEET 08/01/2024
C3 SITE PLAN 08/01/2024
C9 UTILITY PLAN 09/20/2024
C9.1 DETAILED UTILITY PLAN 10/16/2024
C9.2 PUMP STATION DETAIL 10/16/2024
TS2.1 —TS2.2 OFFSITE PLAN &PROFILES 08/01/2024
S-SPA STANDARD WATER AND SEWER SYSTEM DETAILS 08/01/2024
WAT 01 STANDARD SCH80 PVC AND POLYETHYLENE 08/01/2024
WATER SERVICE DETAILS
WAT 02 STANDARD WATER CASING, CROSSING, TYPE AND 08/01/2024
PIPE RESTRAINT DETAILS
WAT 03 STANDARD WATER CROSSING TYPE AND PIPE 08/01/2024
RESTRAINT DETAILS
WAT 04 STANDARD HYDRANT AND D.D.C.V. BACKFLOW 08/01/2024
PREVENTER DETAILS
S-SEW STANDARD SEWER SYSTEM DETAILS 08/01/2024
L1.1 LANDSCAPE PLAN 08/01/2024
L1.2 LANDSCAPE DETAILS 08/01/2024
L1.3 LANDSCAPE SPECIFICATIONS 08/01/2024
SP-1 SITE PHOTOMETRY PLAN 08/01/2024
X:\PROJBCTS\Job Files\Current\2025-030 RaceTmc-1930 Gregory B.Clary Way\C Developer Agreement\AGR.RaceTmo.jmo.doc
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/AO 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. �+
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�PV COV NT Title:
_._ ` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/�l Middleburg, Florida 32068 3907 Prepared by CCUAGIS Portal Water Features
G 'a Phone 904 272-5999 Gravity Sewer Features
J� "t 4125/2025,1:52:52 PM Forced Sewer Features
Conservation.Commitment.Commundy
/TYAUTN� 1 inch = 500 feet m Reclaimed Features