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HomeMy WebLinkAbout05.e.02 DA KU24.25-27- Pointe Grand Fleming Island Return to: KU24/25-27 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 POINTE GRAND FLEMING ISLAND 1834 STORAGE AVENUE—312 UNITS (Kingsley Utility System) Name of Project Parcel Nos.: 02-05-25-008874-000-00, 02-05-25-008871-003-00 & 02-05-25-008979-000-00 Clay County DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this 14114 day of Mel ,2025 by and between HP-242121 FLEMING ISLAND LLC, a Delaware limited liability company, 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. -2- (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) Potable Water Capacity Charge: ($465.75 x 211.50 ERCs) $ 98,506.13 * Alternative Water Supply Surcharge: ($399.65 x 211.50 ERCs) $ 84,525.98 * SSWMD Black Creek Water Resource Charge: ($103.33 x 211.50 ERCs) $ 21,924.09 * Wastewater Capacity Charge: ($4,243.50 x 168 ERCs) $ 712,908.00 * Environmental Impact Charge: ($410.00 x 168 ERCs) $ 68,880.00 * Debt Service Charge: ($196.73 x 168 ERCs) $ 33,050.64 * (b) Fire Protection Charge $ 15,810.00 ** (c) Meter Installation Charge $ 3,962.03 *** (d) Plan Review Fee $ 577.50 (e) Inspection Fee $ 2,844.65 (f) Recording Fee $ 145.24 / Total Due at Execution of Developer Agreement $ 1,043,134.26 �/ * - Includes 167.50 ERCs for water and 168 ERCs for wastewater based on the 312 two-bedroom apartment units, as well as fixture units for the clubhouse, pool, and fitness center. Includes 46.00 ERCs for potable irrigation water service for the Property(based on 20,650.13 AGPD),all in accordance with Utility's current Rate Resolution.Less a credit of 2 potable irrigation ERCs paid for in previous agreements. ** - Based on 1,000 GPM of internal fire flow @ $15.81 per gallon. *** - Includes one 4-inch potable water meter for the buildings and one 2-inch potable water meter for irrigation(Does not include meter vault or box). Note: Items (e) and(f) are estimates subject to adjustment based on actual cost incurred. -3- 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 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. -4- 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,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. -5- 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 deteiniined 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. 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 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 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. -6- The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these easements,such as for cable television,telephone,electric, or gas utilities. However,the use of such non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the potable water,reclaimed water,and wastewater industry with respect to the installation of all its facilities in any of the easement areas. 10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable water,reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of them, for any purpose, including the furnishing of potable water, reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of the Property. 11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable water services or sanitary wastewater services to the Property during the period of time Utility provides 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. -7- 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 email, and if to Developer, shall be mailed or delivered to Developer at: HP-242121 Fleming Island LLC Attn: Steven Campisi, Manager 101 S. New York, Ste. 211 Winter Park, Florida 32789 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. -8- 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 teiiiis 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. -9- 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. 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 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 or wastewater mains to be owned by Utility. 34. 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. Utility shall have access to all of the water meters during normal business hours for meter reading purposes. 35. It is acknowledged by Developer and Utility that a 4-inch potable water meter will be provided by Utility and installed by Developer's Contractor. The meter installation, including the meter vault/pit, shall be in accordance with Utility's standard details and specifications. 36. Developer shall install or have installed a reduced pressure type backflow prevention device, which shall be located immediately downstream of Utility's 4-inch potable water meter for the buildings and the 2-inch potable water meter for irrigation. Developer shall also install a double check backflow prevention device,which shall be located immediately downstream of the 3/4-inch bypass meter on the 8- inch double detector check valve for the fire suppression system. Such installations shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the completion of the installations 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 the water meters, during normal business hours for meter reading and maintenance purposes. -10- 37. Utility agrees to provide minimum fire flows of 1,000 GPM to the point of connection to Utility's fire main stub, subject to acts of God and temporary emergency conditions. 38. Connection to the existing 4-inch force main and the construction of the wastewater infrastructure shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility shall own and maintain the tap through the Developer's connection point,as shown on the approved plans titled Pointe Grand Fleming Island,prepared by KSH Engineering,LLC,as described in Exhibit"B." All wastewater mains,service lateral lines,and the private lift station servicing Developer's property,which are located upstream of Developer's connection point,shall be Developer's responsibility for ownership and maintenance. 39. 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 pump station, capable of pumping Developer's flow at the required pressure condition. Developer shall connect said piping to Utility's system as shown on the approved plans titled Pointe Grand Fleming Island,prepared by KSH Engineering, LLC. In addition,Developer hereby agrees to install and maintain one Flowmatic ball check valve(Model 508,epoxy coated ductile iron body)and valve box on a horizontal segment of pipe located at least two linear feet outside the duplex pump station, as well as additional Flowmatic ball check valve(Model 508,epoxy coated ductile iron body)and valve box shall be installed at Developer's point of connection at Sleepy Hollow Road. 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 pump station,Developer will be required to pull the pumps for Utility's inspection to ensure the proper pumps and check valves have been installed. If the proper pumps and check valves have been installed,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. 40. The 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. 41. 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. 42. Developer shall install or have installed a hair trap,acceptable to Utility,on the wastewater service for the dog wash area to prevent hair from entering Utility's system. 43. Air conditioning condensation or elevator discharge lines and any other piping that may intentionally or unintentionally drain storrirwater shall not connect to Utility's wastewater system. -11- 44. The charges shown on page 2,paragraph 4(a)through(f)of this Agreement,are to assess the charges for Pointe Grand Fleming Island,as shown on the plans prepared by KSH Engineering,LLC. (See Exhibit "B"), and do not include any other developments (future additions, buildings, and/or out parcel projects, etc.) 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. 45. The construction of this project will not commence until receipt by Utility of all necessary permits and easements, and this Agreement is executed, and the charges stated herein are paid. 46. This Agreement will need to be executed by Developer and 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: RP-242121 Fleming Island, LLC, a Delaware limited liability company By: Hillpointe, LLC, a Delaware limited liability company, Its Manager Witness: By: Print Name: %r /y- /7j9yyy� Steven Campisi, Manager Witness: AI (Corporate Seal) Print Name: (kri,=�,,,�� o✓a-� STATE OF *Roc, COUNTY OF Urana,_ The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online notarization this Ly day of 2025,by STEVEN CAMPISIS, as MANAGER of HILLPOINTE,LLC,a Delaware limited 1ia ility company,on behalf of the company,as Manager of HP- 242121 FLEMING ISLAND,LLC,a Delaware limited liability company,on behalf of the company.Who is personally known to me or has produced , as identification. Print Name: iM i��u_ ora-L Notary Public `tpRY P(©. , MICHELLE JARAE State of Florida at Large MY COMMISSION#HIi 322924 My Commission Expires: to 10-t2.21., EXPIRES:October 17,2026 • -13- • WITNESSES: UTILITY: • CLAY COUNTY U Y AUTHORITY Witness: M./.✓rtiff.--- By: kiiI1,71117 'V--� Print Name: A NlitAv f#,M 1}ch.1( a e ► ohnst n, P.E., M.B.A. •eilTIATI. irect• - Witn . • 1st Print ame: na M. s (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or❑online notarization this 148" day of M e j , 2025, by JEREMMMIY D. JOHNSTON, EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is/ppeersonally known to me. "K Print Name: ,4,4 444.✓ fi Notary Public State of Florida Notary Public MI Andrew H Mitchell MyNN mmiss ion State of Florida at Large ���� Exp.►0/2512025 My Commission Expires: l o/ .5✓2.S POINTE GRAND FLEMING ISLAND 1834 STORAGE AVENUE-312 UNITS Parcel Nos.: 02-05-25-008874-000-00, 02-05-25-008871-003-00 02-05-25-008879-000-00 Clay County EXHIBIT "A" Parcel 1 A parcel of land consisting of a portion of Government Lots 1 and 2,Section 2,Township 5 South,Range 25 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the northeast corner of said Section 2;thence on the easterly line thereof South 00 degrees 42 minutes 00 seconds East 26.00 feet to the former southerly line of County Road No.C-220; thence on last said line North 89 degrees 55 minutes 00 seconds West 1331.10 feet to the westerly line of said Government Lot 1;thence on last said line South 00 degrees 28 minutes 17 seconds East 689.63 feet to the northeasterly line of CSX Transportation Railroad(formerly Seaboard Systems Railroad);thence on the last said line run the following 2 courses: 1) South 30 degrees 08 minutes 00 seconds East 20.01 feet to the point of beginning; 2) South 30 degrees 08 minutes 00 seconds East 1290.00 feet; thence North 59 degrees 52 minutes 00 seconds East 634.17 feet; thence North 30 degrees 08 minutes 00 seconds West 498.39 feet; thence South 62 degrees 50 minutes 32 seconds West 251.72 feet; thence North 27 degrees 08 minutes 08 seconds West 200.22 feet; thence North 62 degrees 50 minutes 32 seconds East 241.24 feet; thence North 30 degrees 08 minutes 00 seconds West 591.12 feet;thence South 59 Degrees 52 minutes 00 seconds West 634.17 feet to the point of beginning, being 17.65 acres,more or less, in area. Parcel 2 A portion of Government Lot 1, Section 2, Township 5 South, Range 25 East, Clay County, Florida, also being a portion of these lands described in Official Records Book 1013,page 470 of the public records of Clay Count,Florida,being more particularly described as follows: Commence at the northeast corner of Section 2, aforementioned; thence Soth 01 degree 20 minutes 16 seconds East, along the east line of said Sectio 2, a distance of 26.00 feet to a point on the former southerly right-of-way line of County Road 220 (formerly State Road No.220,being a variable width right-of-way); thence South 89 degrees 16 minutes 38 seconds West,along said line(said line also being the northerly line of said lands describe in Official Records Book 1013,page 470 of said public records)a distance of 973.28 feet to the northwest corner thereof; thence South 01 degrees 16 minutes 39 seconds East, along the west line of last said lands, a distance of 21.50 feet to a point on the current southerly right-of-way line of said County Road 220 and the point of beginning; thence South 89 degrees 16 minutes 38 seconds East, along last said right-of-way line, a distance of 171.89 feet to a point of cusp of a non-tangent curve concave southeasterly and having a radius of 25.00 feet;thence southwesterly, along said curve, an arc distance of 39.26 feet (said arc being subtended by a chord bearing and distance of South 44 degrees 17 minutes 13 seconds West, 35.35 feet)to the point of tangency;thence South 00 degrees 42 minutes 12 seconds East, a distance of 38.57 feet to the point of the curvature of a curve concave easterly and having a radius of 180.00 feet;thence southerly,along said curve,an arc distance of 95.69 feet(said curve being subtended by a chord bearing and distance of South 15 degrees 55 minutes 47 seconds East, 94.55 feet)to the point of tangency; thence South 31 degrees 09 minutes 22 seconds East,a distance of 128.33 feet to the point of curvature of a curve concave westerly and having a radius of 240.00 feet; thence southerly, along said curve, an arc distance of 198.16 feet(said curve being subtended by a chord bearing and distance of South 07 degrees 30 minutes 08 seconds East 192.58 feet)to a point of cusp lying on the easterly line of those lands as described in Official Records Book 4020, page 922 of said public records; thence North 30 degrees 56 minutes 26 seconds West, along last said line, a distance or 104.81 feet to the most northerly line of last said land; thence South 59 degrees 01 minute 21 seconds West, along the northwesterly line of last said lands, a distance of 233.81 feet to the southwest corner of those lands described in Official Records Book 1013 page 470; thence North 01 degree 16 minutes 39 seconds West,along the west line thereof,a distance of 483.92 feet to a point on the current right-of-way line of County Road 220 aforementioned and the point if beginning, being 1.98 acres, more or less, in area. Xt1Service Availability\Developer Agreement Master File\Developer Agreements\AGRPointe Grand Fleming.dee Last prinlal 5/1/2025 4.42 PM EXHIBIT "B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Pointe Grand Fleming Island Engineer: Kyle Watson Webb, P.E. KSH Engineering, LLC. 8830 Macon Highway, Bldg., 300 Athens, GA 30606 Date: December 12, 2024 Engineer Drawing Description Latest Number Engineer Approved Plan Date C-000 Cover Sheet 03/17/2025 1 - 7 Survey 03/17/2025 C-110 Existing Conditions and Demolition Plan 03/17/2025 C-200 Site Plan Overall 03/17/2025 C-201 - C-202 Site Plan 1 &2 03/17/2025 C-210 Fire Site Plan 03/17/2025 C-300—C-302 Grading Plan Overall &Grading Plan 1 &2 03/17/2025 C-320'—C-322 Storm Plan Overall & Storm Plan 1 &2 03/17/2025 C-330—C-332 Storm Profiles & Storm Charts 03/17/2025 C-340—C-341 Pond Details SWMF 1 & SWMF-2 03/17/2025 C-350—C-351 Approved ERP Basins &Proposed Modified Basins 03/17/2025 C-400 ESPC Cover 03/17/2025 C-410, C-420, C-430 ESPC PH 1 —ESPC PH 3 03/17/2025 C-440 ESPC Details 03/17/2025 C-500 Utility Plan Overall 03/17/2025 C-501 —C-502 Utility Plan 1 &2 03/17/2025 C-510 Sanitary Profiles 03/17/2025 C-511 Lift Station Detail 03/17/2025 C-520—C-522 Utility Details 03/17/2025 C-600—C-603 Construction Details 03/17/2025 K-100 Key Map 03/14/2025 L-001 Landscape Schedule,Details 03/14/2025 L-101 -L-107 Landscape Plan 03/14/2025 I-001 -I-002 Irrigation Schedule&Details 03/14/2025 I-201 —I-207 Irrigation Plan 03/14/2025 PH100.1 —PH101 Site Lighting Photometric Calculation &Fixture Information 03/14/2025 XMcrvice AvailabilitylGcvzlopzr Agreement Master Fitz\Developer.4graa antalAGR.PoinM Grand Flzming.doc Lasr printed 5/12025 4:42 PM V , I 1 N w I ,, \ ..• y �� t /Nts m.w ,COUNTY ROAD 220 Y o_ _W'i,_�/ Ey. U ( S _ - - ► I 2T I • 1 9 L O fl '` \ \, \\ o \ — i C.) o • • \\ P 0 CI N. *`,off s ir \ Z 1 \ �cto \ \\ 410. • , 7,• m n i 0 oint Grand Fleming 1 tM `•, v Island- 312 Units f` \`\ . • I \ . p / • % ...-Alta 1111 \\ V 'W• • \4i mt \ C3 . \ II 1 / 1 S ,, ,\ Toower#12' • ,\ \ 4:1) •� \;', S. •©,i > • • .-.. , 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. �� • ' ,\ A ` C\ ar,�� l ri--;,:icoIf. Title: \ Clay County Utility AuthorityCCUA Web Map 3176 Old Jennings Roadi Info: / � Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features 'a Phone 904 272 5999 = Gravity Sewer Features J� �t 5/19/2025,4:40:43 PM Forced Sewer Features Conservation.Commitment.Community �Tl"AUT 1 1 inch = 300 feet - Reclaimed Features