HomeMy WebLinkAbout05.e.02 DA CU24.25-24 - Middleburg Convenience Store & Car Wash l �
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Clay County Utility Authority
3176 Old Jennings Road A
Middleburg,Florida 32068-3907 CU24/25-24
MIDDLEBURG CONVENIENCE STORE
& CAR WASH 2736 & 2366 BLANDING
BOULEVARD
Parcel ID Nos.: 37-05-24-006794-003-00 & (Clay Utility System).
37-04-24-006794-000-00 Name of Project
Clay County
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT,made and entered into this 224 day of TNIy
2025,by and between AILERON MIDDLEBURG,LLC,a Florida 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 potable water,pumping,treatment,
and distribution service; central wastewater collection,treatment, and disposal service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement
central potable water, wastewater, and reclaimed water service to the Property and thereafter operate
applicable facilities so that the occupants of the improvements on the Property will receive adequate potable
water,wastewater, and reclaimed water service from the Utility; and
WHEREAS,the parties wish to enter into this Agreement setting forth their mutual understandings
and undertakings regarding the furnishing of potable water,wastewater,and/or reclaimed water 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 the 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, one
wastewater ERC is (311) GPD, and one reclaimed water ERC is (275) 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 potable water service and reclaimed water service shall be
at the consumer's side of the meter and for wastewater service at the lot or Property line. Utility shall,
according to the terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless
otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain
potable water;reclaimed water,and wastewater service to the point of delivery for each lot or tract pursuant
to rules and regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that Developer is the owner of the
Property and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon
request, Developer agrees to deliver to Utility evidence of such ownership including any outstanding
mortgages,taxes, liens and covenants.
4. Connection Charges -In addition to the contribution of any wastewater collection systems
and 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 19 ERCs) $ 8,849.25 *
Alternative Water Supply Surcharge:
($399.65 x 19 ERCs) $ 7,593.35 *
SJWMD Black Creek Water Resource Charge:
($103.66 x 19 ERCs) $ 1,969.54 *
Wastewater Capacity Charge:
($4,243.50 x 15 ERCs) $ 63,652.50 *
Environmental Impact Charge:
($410.00 x 15 ERCs) $ 6,150.00 *
(b) Debt Service Charge:
($196.73 x 15 ERCs) $ 2,950.95
(c) Main Extension Charge-Potable Water $ 4,712.00 **
Main Extension Charge - Wastewater $ 4,455.00 **
(d) Fire Protection Capacity Charge $ N/A
(e) Meter Installation Charge $ 5,201.92 ***
(f) Plan Review Fee $ 731.50
(g) Inspection Fee $ 1,257.20
(h) Recording Fee $ 145.24
Total $ 107,668.45
* - Includes 3 ERCs for water and 4.50 ERCs for wastewater,based on the fixture unit count for
the convenience store,and 10.50 ERCs for water and wastewater for the car wash.Includes
2.00 ERCs for potable irrigation water service for the convenience store, based on 751.08
AGPD, and 3.50 ERCs for potable irrigation water service for the car wash, based on
1,418.10 AGPD, all in accordance with Utility's current Rate Resolution.
** - See paragraph 46 for explanation of charge.
*** - Includes one 2-inch_potable water meter for the convenience store, one 2-inch water meter
for the car wash, and one 1 1/2 -inch potable water meter for potable irrigation for the
convenience store and one 1 1/2-inch potable water meter for irrigation for the car wash.
(does not include 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 potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise,are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims.of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall.pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all potable water service connections.
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 potable water,
reclaimed 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. 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.
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hi 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 wastewater collection facility,potable water distribution facility,and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities
having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions
in service as a result'of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5,6,and 7,hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility
by the prospective user of service, or either of them, in accordance with the then effective rules and
regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water,reclaimed water, and wastewater facilities to serve the Property in,under,upon,
over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and
utility sites. Mortgagees, if any,holding prior liens on the Property shall be required to release such liens,
subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to
Utility assurance by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee
would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and
wastewater collection facilities, save and except installations owned by Developer, or its successors or
assigns,shall be covered by easements or rights-of-way if not located within platted or dedicated roads or
rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of
these easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such
non-exclusive easements by third parties shall not interfere with Utility's utilization of same.
Utility hereby agrees that all easement grants will be utilized in accordance with the established and
generally accepted practices of the potable water,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 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. Effluent Disposal Obligation As further consideration for this Agreement, Utility may
require Developer to take back treated effluent for disposal,and to provide for certain wet weather storage
for such effluent on the Property. In that event,a separate agreement will be entered into for such purpose,
and unless and until such separate agreement shall be entered into,Developer shall have no obligation to
take back any treated effluent or to provide for such wet weather storage of effluent on the Property.
14. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes.
into the Utility's collection system are required to meet the requirements of Resolution 21/22-05
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic.
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner or Lessor must inform Utility of its intent to discharge any floor finish stripper
product and waste. Upon notification, a permit application will be sent to Developer, tenant or the
Property/project owner or Lessor to be completed and submitted to Utility for processing. A permit fee is
not required by Utility for an Industrial Pretreatment Permit. Failure to follow these procedures may result
in termination of water and wastewater service.
15. 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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16. 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:
Aileron Middleburg, LLC
Attn: Chris Salemi
3401 W. Cypress Street, Suite 201
Tampa,Florida 33607
and if to the Utility at:
Clay County Utility Authority
31.76 Old Jennings Road
Middleburg,Florida 32068-3907
or such other address as specified in writing by either party to the other.
17. 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.
18. 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.
19. 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 acts 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.
20. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's potable water, reclaimed
water, and wastewater systems.
MISCELLANEOUS PROVISIONS
21. 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.
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22. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing
and duly signed by both parties.
23. 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.
24. 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.
25. The submission of this Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility and Developer.
26. 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.
27. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
potable water,reclaimed 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.
28. 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.
29. 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.
30. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water, reclaimed water, and wastewater systems installed by Developer, in accordance with Utility's
standard specifications, details and notes, which are to be accepted by Utility for ownership and
maintenance, as set forth in paragraph 5 (d) herein; and it is understood and agreed that 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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31. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water,wastewater and reclaimed water 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.
32. Developer shall not place any conservation easements over any of the easement lands that
contain Utility's water,wastewater, and reclaimed facilities for the project covered by this Agreement.
33. Developer shall grant an easement to Utility covering any portion of the potable water,
wastewater, and reclaimed facilities that Utility agrees to own and maintain, and Developer shall be
responsible for providing the legal description for such easement to Utility.
34. 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 and wastewater mains to be owned by Utility.
35. This Agreement is for water and wastewater service only,and all references to reclaimed
water service in this standard Agreement shall not apply.
36. Connection to Utility's existing 12-inch water main and the construction of the water
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 meters,and all facilities downstream of the
meters shall be owned and maintained by Developer.All water installations shall be in accordance with the.
plans prepared by Kimley-Horn and Associates,Inc.,titled Middleburg C-Store and Car Wash,Project No.
045817000, as described in Exhibit`B"or as modified in a manner acceptable to Utility.
37. Developer shall install or have installed reduced pressure type backflow prevention devices,
which shall be located immediately downstream of Utility's two 2-inch potable water meters for the
convenience store and car wash,and the two 1/2-inch potable water meters for irrigation.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.
38. Connection to the Utility's 6-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 Middleburg C-Store and Car Wash,prepared by Kimley-Horn and Associates,Inc.,Project No.
045817000, 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.
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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.Middleburg C-Store and
Car Wash,prepared by Kimley-Horn and Associates,Inc.,Project No.045817000.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. 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 that 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. It is anticipated that the Car Wash and Convenience Store will be owned by two different
entities in the future.Any service problems upstream of the Developer's Parcel No.37-05-24-006794-003-
00 connection to Utility's system shall be the responsibility of Aileron Middleburg, LLC, and future
Developer's agreement, and not Utility.
In addition, Utility shall be allowed to inspect Developer's connection to the above-mentioned
private pumping station. Developer's engineer shall satisfy Utility that the pumping station has adequate
capacity to service the Developer's property, and the Developer shall provide a copy of the future
Developer's agreement with Aileron Middleburg,LLC regarding the responsibility of the parties pertaining
to the maintenance and repairs of the private pumping station and service lateral. Additionally, the
Developer will provide the Utility with a copy of the recorded private utility easement agreement or deed
recorded in the Public Records of Clay County,Florida, granting access to the private pumping station.
41. 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.
42. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand
screens)for each floor drain in the facility,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.
43. Where food preparation facilities or other facilities that are subject to discharge greases into
the wastewater collection system are part of the development of the property, or where floor drains are
connected to the wastewater collection system, Developer shall install or have installed a grease/sand
interceptors for each building, meeting the requirements of the Clay County Department of Health &
Rehabilitative Services and the Florida Building Code, which shall be designed and.constructed in
accordance with Utility's specifications for same. Such installation shall be provided by a Florida Licensed
Plumbing Contractor.
-11-
The grease/sand interceptor shall be designed for the facilities connected to same, however, in no
event shall be the capacity be less than standard per the current Florida Building code. Developer shall also
be responsible for the continued maintenance and cleaning of said grease/sand interceptor facility,and such
facility shall be subject to periodic unannounced inspections by Utility. In addition,all floor drains shall be
connected to the grease/sand interceptor.
44. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain stormwater shall not connect to the Utility's wastewater system.
45. The charges shown on page 2,paragraph 4(a)through(f)of this Agreement are to assess the
charges for Middleburg C-Store and Car Wash, as shown on the plans prepared by Kimley-Horn and.
Associates,Inc.,Project No.045817000.(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.
46. The charges set forth in paragraph 4(c)"Main Extension Charge—Potable Water"and"Main
Extension Charge - Wastewater, of this Agreement are refundable to Utility who previously paid for the
water and wastewater main extensions along Long Bay Road.
47. In coordination with the Middleburg C-Store and Car Wash development,Utility requested a
proposal from the Developer's contractor for the cost to upsize 1,400 feet of water main from a 6-inch water
main to a 12-inch water main to serve future developments.The upsizing is part of Utility's Master Planning
and does not benefit the Developer at this time. Developer will pay the total cost of this upsizing in the
amount of$84,693.05.Utility shall reimburse said construction cost to the Developer upon final acceptance
and completion of the Project.
48. 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.
49. 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 by
October 1, 2025, or this Agreement will be subject to any Service Availability charge increases currently
approved,which may be applicable or which may be approved by Utility's Board of Supervisors for the next
fiscal year beginning October 1,2025; and this Agreement is subject to any material cost increases which
Utility may experience after October 1,2025.
[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:
AILERON MIDDLEBURG,LLC,
a Florida limited liability company
C]? r--
Witness: �-'' By:
Print Na : r/1a/c. 0K.<c Chris Salemi,President
Witness: /Iw
v Comm.:HH 621520 (Corporate Seal)
Print Name: ftJ 0L - 1;1'P S-f Expires:Dec.15,2028
Notary Public-State of Florida
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before'me by means of 0 physical presence or ❑
online notarization,this /7 II day of-uL-r ,2025,by CHRIS SALEMI as PRESIDENT
of AILERON MIDDLEBURG,LLC,a Florida limited liability company,who is personally known to me
e- s-Predueed - ,
Xilidi(d- as-iderttifiratityrfre.7
Print Name: Lo i be I ,Tot Ct 6o b_s
Notary Public
State of Florida at Large
My Commission Expires: j,S'/nig
-13-
WITNESSES: UTILITY:
CLAY COUNTY UTIL • UTHORITY
Witness: J/r/f/ 14/ By: \ a.
* -
Print Name: Andrew H Mitchell e D. T'ston, .E.,M.B.A.
tive ector
(Corporate Seal)
Witnes
Print Name: Cro n
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online
notarization this 230 day of 1aIy , 2025 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
--P1(7_Je _j4/4/
Print Name: Andrew H Mitch el l
=m, tate of Florida Notary Public
itchell I State of Florida at Large
HH ion Ig025 ► My Commission Expires: IO/zS/2s
MIDDLEBURG CONVENIENCE STORE & CAR WASH
2376 &2366 BLANDING BOULEVARD
Parcel ID Nos: 37-05-24-006794-003-00 &
37-05-24-006794-000-00
Official Records Book 4925,pages 1431- 1436, Clay County,Florida
EXHIBIT "A"
PARCEL A:
A PARCEL OF LAND LYING IN SECTION 37,TOWNSHIP 5 SOUTH,RANGE 24 EAST,
CLAY COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 37;THENCE ALONG
THE WEST LINE OF SAID SECTION 37,S 00°20'20"E,2283.65 FEET;THENCE CONTINUE
ALONG SAID WEST LINE S 00°29'10" E, 1742.35.FEET; THENCE DEPARTING SAID
WEST LINE,N 89°30'50"E,50.91 FEET TO A POINT ON THE EAST LINE OF COUNTY
ROAD NO. C-220, SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE
EASTERLY, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTHERLY
ALONG SAID EAST LINE OF COUNTY ROAD NO.C-220,17.40 FEET ALONG THE ARC
OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 666.20 FEET, A CENTRAL
ANGLE OF 01°29'47"AND A CHORD BEARING AND DISTANCE OF N 03°04'57"W,17.40
FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LANDS AS
DESCRIBED IN OIL BOOK 3056,PAGE 1333 OF THE PUBLIC RECORDS OF SAID CLAY
COUNTY;THENCE DEPARTING THE EAST LINE OF SAID COUNTY ROAD NO.C-220,
ALONG THE SOUTH LINE OF LANDS DESCRIBED IN O.R.BOOK 3056,PAGE 1333,S
82°37'10'E, 126.99 FEET;THENCE N 89°30'50" E,295.37 FEET;THENCE S 82°09'40"E,
120.34 FEET TO A POINT ON THE NORTHWESTERLY LINE OF STATE ROAD NO. 21
(BLANDING BOULEVARD); THENCE ALONG SAID NORTHWESTERLY LINE OF
STATE ROAD NO. 21, S 18°18'31" W, 118.11-FEET; THENCE DEPARTING SAID
NORTHWESTERLY LINE OF STATE ROAD NO. 21, S 89°35'48" W,481.15 FEET TO A
POINT ON THE AFORESAID EAST LINE OF COUNTY ROAD NO. C-220,SAID POINT
LYING ON A NON-TANGENT CURVE CONCAVE EASTERLY;THENCE NORTHERLY
ALONG SAID EAST LINE OF COUNTY ROAD NO.C-220,130.34 FEET ALONG THE ARC
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 666.20 FEET,A CENTRAL ANGLE
OF 11°12'34"AND A CHORD BEARING AND DISTANCE OF N 09°26'08"W,130.13 FEET
TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND LYING IN SECTION 37,TOWNSHIP 5 SOUTH,RANGE 24 EAST,
CLAY COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 37;THENCE ALONG
THE WEST LINE OF SAID SECTION 37,S 00°20'20"E,2283.65 FEET;THENCE CONTINUE
ALONG SAID WEST LINE S 00°29'10" E, 1742.35 FEET; THENCE DEPARTING SAID
WEST LINE,N 89°30'50"E,50.91 FEET TO A POINT ON THE EAST LINE OF COUNTY
ROAD NO. C-220, SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE
EASTERLY;THENCE SOUTHERLY ALONG SAID EAST LINE OF COUNTY ROAD NO.
C-220, 130.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 666.20 FEET, A CENTRAL ANGLE OF 11°12'34" AND A CHORD BEARING AND
DISTANCE OF S 09°26'08" E, 130.13 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID EAST LINE OF COUNTY ROAD NO.C-220,N 89°35'48"E,481.15 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF STATE ROAD NO.21 (BLANDING
BOULEVARD);THENCE ALONG SAID NORTHWESTERLY LINE OF STATE ROAD NO.
21, S 18°18'31" W, 42.55 FEET; THENCE S 18°1820" W, 161.91 H.1:1; THENCE
DEPARTING SAID NORTHWESTERLY LINE OF STATE ROAD NO. 21, ALONG THE
NORTH LINE OF THOSE LANDS DESCRIBED IN O.R.BOOK 1335,PAGE 471 OF THE
PUBLIC RECORDS OF SAID CLAY COUNTY,S 89°30'50"W,354.37 FEET TO A POINT
ON THE AFORESAID EAST LINE OF COUNTY ROAD NO.C-220;THENCE ALONG SAID
EAST LINE OF COUNTY ROAD NO.C-220,N 18°10'40"W,167.15 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY;THENCE 36.45 FEET ALONG THE
ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 666.2011 1,A CENTRAL
ANGLE OF 03°08'06"AND A CHORD BEARING AND DISTANCE OF N 16°36'28"W,36.45
FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
1 of2
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Middleburg C-Store and Car Wash
Engineer: Gerald N. Miller,P.E.
Kimley-Horn and Associates,Inc.
12740 Gran Bay Parkway West, Suite 2350
Jacksonville,Florida 32258
Job Number: 045817000
Engineer Description Latest
Drawing Number Engineer
Approved
Plan Date
C-001 Cover Sheet 05/01/2025
C-002 General Notes 05/01/2025
C-100-C-101 Pre-Development&Post-Development Plan 05/01/2025
C-102 Clearing and Demolition Plan,Phase 1 05/01/2025
C-200 Overall Site Plan 05/01/2025
C-201,—C-204 Paving and Geometry Plan,Phase 1, 2& 3 05/01/2025
C-205 Overall Fire Truck Routing Plan 05/01/2025
C-206- C-207 Fire Truck Routing Plan, Phase 2,3 05/01/2025
C-301- C-305 Grading and Drainage Plan,Phase 1,2 &3 05/01/2025
C-306 Driveway Profile&Blanding Section,Phase 1 05/01/2025
C-400 Overall Utility Plan 05/01/2025
C-401 Utility Plan,Phase 1 05/01/2025
C-402 Utility Plan& Sanitary Profile,Phase 1 05/01/2025
C-403-C-404 Utility Plan Phase 2,3 05/01/2025
C-405- C-409 Offsite Utility Plan and Profile,Phase 1 05/01/2025
C-500- C-503 Site Details 05/01/2025
C-504- C-505 FDOT MOT Details 05/01/2025
C-600-C-602 Drainage Details 05/01/2025
C-700 Best Management Details 05/01/2025
C-701 Stormwater Pollution Prevention Plan 05/01/2025
C-800 LW-STD Utility Details 05/01/2025
C-801 S-SPA Utility Details 05/01/2025
C-802- C-805 WAT-01 —WAT-04 Utility Details - 05/01/2025
C-806 S-SEW Utility Details 05/01/2025
C-807 Private Pump Station Detail 05/01/2025
TM-100 Tree Mitigation Notes&Details 05/01/2025
LP-100 Planting Plan 05/01/2025
LP-150-LP-151 Planting Plan 05/01/2025
IR-100 Irrigation Plan 05/01/2025
IR-150 Irrigation Notes 05/01/2025
IR-151-IR-152 Irrigation Details 05/01/2025
LP-200 Planting Plan 05/01/2025
LP-250-LP-251 Planting Notes &Details 05/01/2025
IR-200 Irrigation Plan 05/01/2025
IR-250 Irrigation Notes 05/01/2025
IR-251 Irrigation Details 05/01/2025
LP-300 Planting Plan . 05/01/2025
LP-350-LP-351 Planting Notes 05/01/2025
IR-300 Irrigation Plan 05/01/2025
IR-350-IR-351 Irrigation Notes &Details 05/01/2025
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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.
T CCUA',
(1,..NT
COIj Title:
___.. Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
�� / Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features
/.`� Phone(904)272-5999tt� Gravity Sewer Features
/ 7/22/2025,11:53:50 AM
1` Conservation.Commitment.Commundy. Forced Sewer Features
/TYAUTN� 1 inch = 200 feet - Reclaimed Features