HomeMy WebLinkAbout05.e.04 DA RU24.25-6 - 5774 Green Road RU24/25-6
Record&Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
WATER AND WASTEWATER
SERVICE TO 5774 GREEN ROAD
Parcel No. 24-05-24-006564-008-01 (Ravines System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this 1.0 M d day
of L ujjs , 2025, by and between JOHN J. CLARKE and JODY BETH CLARKE,
husband and wife, 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 and water distribution system
constructed or to be constructed which Developer or owner transfers, or agrees to transfer, to Utility, at
no cost to Utility, to provide utility service to specified property.
(c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day
(GPD)which is used to convert a given average daily flow(ADF)to the equivalent number of residential
connections. For this purpose,the average daily flow of one water ERC is (450)GPD and one wastewater
ERC is (31 l) GPD.
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(d) "Point of Delivery" - The point where the pipes or meter of Utility are connected
with the pipes of the consumer. Point of delivery for water service shall be at the consumer's side of the
meter and for wastewater service in an easement 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 Deeds regarding the
ownership of property or legal rights, 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 1.00 ERC) $ 465.75
Alternative Water Supply Surcharge:
($399.65 x 1.00 ERC) $ 399.65
SJRWMD Black Creek Connection Charge:
($103.66 x 1.00 ERC) $ 103.66
Wastewater Capacity Charge:
($4,243.50 x 1.00 ERC) $ 4,243.50
Environmental Impact Charge:
($410.00 x 1.00 ERC) $ 410.00
(b) Debt Service Charge:
($196.73 x 1.00 ERC) $ 196.73
(c) Customer Connection Charge (Tap-in) -Water $ 2,603.10 *
Customer Connection Charge (Tap-in) - Wastewater $ 3,452.82 *
(d) Main Extension Charge - Water $ N/A
Main Extension Charge - Wastewater $ N/A
(e) Meter Installation Charge $ 494.79 **
(f) Plan Review Fee $ 38.50
(g) Inspection Fee $ 38.50
(h) Recording Fee $ 125.00 /
Balance Due $ 12,572.00 Y
* - See paragraph 31 for explanation of charges.
** - Includes one 5/8-inch x 3/4-inch potable water meter installation with meter box.
Note: Item (c) is subject to increase for any material price increases incurred by Utility for this
project. Items (f) and (g) are estimates and are subject to adjustment based on actual costs
incurred.
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Payment of the above charges does not and will not result in Utility waiving any of its rates or
rules and regulations and their enforcement shall not be affected in any manner whatsoever by Developer
making payment of same. Except as specifically stated, Utility shall not be obligated to refund to
Developer any portion of the value of the above charges for any reason whatsoever nor shall Utility pay
any interest upon the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer,or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the water or wastewater facilities and
properties of Utility,and all prohibitions applicable to Developer with respect to no refund of such charges,
no interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims
of Utility.
5. Agreement to Serve -Utility agrees that once it provides water and wastewater service to
the customers within the Property that it will continuously provide such service, at its cost and expense,
but in accordance with the other provisions of this Agreement, the then current Rate Resolution in effect
for Utility, and the requirements of the governmental authorities having jurisdiction over the operations
of Utility. Utility shall not be liable for any temporary interruptions in service as.a result of equipment
failure, emergencies or acts of God.
6. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or 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.
7. Exclusive Right to Provide Service - Developer shall not engage in the business of
providing potable water services or sanitary wastewater services to the Property during the 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.
8. Rates - Utility agrees that the rates to be charged to Developer and individual consumers
of water and wastewater services shall be those set forth in 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.
9. 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.
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10. Quality of Wastewater-No substance other than domestic wastewater will be placed into
the sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system. Such installation shall be in
accordance with the 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 reuse 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.
11. 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.
12. 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 (email), and if to
Developer, shall be mailed or delivered to Developer at:
John and Jody Clarke
2669 Holly Point Road East
Orange Park, Florida 32073
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.
13. 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.
14. 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.
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15. 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.
16. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees)
to which it may become subject by reason of or arising out of Developer's performance of this Agreement.
This indemnification provision shall survive the actual connection to Utility's wastewater and water
distribution system.
MISCELLANEOUS PROVISIONS
17. The rights,privileges,obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
18. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained, and when duly executed, constitutes the agreement between Developer and Utility. No
additions, alterations or variations of the terms of this Agreement shall be valid, nor can provisions of this
Agreement be waived by either party, unless such additions, alterations, variations or waivers are
expressed in writing and duly signed.
19. Whenever the singular number is used in this Agreement and when required by the context,
the same shall include the plural, and the masculine, feminine and neuter genders shall each include the
others.
20. Whenever approvals of any nature are required by either party to this Agreement, it is
agreed that same shall not be unreasonably withheld or delayed.
21. The submission of this Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
22. Failure to insist upon strict compliance of any of the terms, covenants, or conditions herein
shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one time or times be deemed a waiver or
relinquishment of such right or power at any other time or times.
23. It is because of inducements offered by Developer to Utility that Utility has agreed to
provide water and wastewater services to Developer's project. Capacity reserved hereunder cannot and
shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the
case of a bona-fide sale of Developer's Property.
24. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of
the Developer.
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25. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement, Utility may be required to obtain
approval from various state and local governmental authorities having jurisdiction and regulatory power
over the construction, maintenance, and operation of Utility. The Utility agrees that it will diligently and
earnestly make the necessary proper applications to all 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.
26. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the
project's water and wastewater service within Developer's project, to apply to Utility 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.
27. The Developer shall not place any conservation easements over any of the easement lands
that contain Utility's water and/or wastewater facilities for the project covered by this Agreement.
28. Developer shall grant an easement to Utility covering any portion of the water and/or
wastewater facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility. In addition, this Agreement is contingent
upon the execution of the Grant of Easement document.
29. The landscaping(new or existing)for this project shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.) of the water and/or wastewater main to be owned by Utility.
30. The water and wastewater installations, stated in this Agreement,are subject to the receipt
of a "County Use Permit" to work within the Green Road right-of-way.
31. The charge shown in paragraph 4(c) "Customer Connection Charge (Tap-in) - Water", of
this Agreement, includes the construction necessary(through the curb stop)to accommodate one 5/8-inch
x 3/4-inch potable water meter installation,terminating within an easement at or near Developer's Property
line, where Developer will make the connection. The charge shown in paragraph 4(c) "Customer
Connection Charge (Tap-in) - Wastewater" includes the construction necessary to accommodate one 2-
inch wastewater service lateral. This wastewater service lateral will terminate at a 2-inch ball and check
valve assembly, and the assembly will be housed in a DFW-1324 valve box. This service will terminate
in an easement at or near the property line, where Developer will make the connection.
32. The Utility shall own and maintain all water facilities upstream of the downstream side of
the potable water meter, and all facilities downstream of the downstream side of the potable water meter
shall be owned and maintained by Developer. Utility shall have access to the water meter for meter reading
and maintenance purposes.
33. It shall be the Developer's responsibility to notify the Utility and install or have installed
an approved lead-free backflow prevention assembly immediately downstream of Utility's 5/8-inch x 3/4-
inch potable water meter, should there be an active alternative water source on the Property.
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34. All wastewater installations upstream of Developer's point of connection shall be owned
and maintained by Developer, and all installations downstream of this point of connection shall be owned
and maintained by Utility.
35. The wastewater connection point is a pressure force main connection and will require the
Developer, its successors and assigns, at its/their sole cost and expense, to install and maintain a grinder
pump station and piping, capable of pumping the anticipated flow at the required pressure condition.
Developer shall be responsible'for connection of said piping to Utility's system at the-valve box within
Utility's easement in order for the flow to be pumped into Utility's system for treatment and disposal.
In addition, Developer, its successors and assigns, hereby agree(s) to install and maintain a
Flowmatic ball check valve,Model 508 (epoxy coated cast iron body), at its/their sole cost and expense,
on the discharge side of the Developer's grinder pump station. The Flowmatic ball check valve shall be
placed in a protective valve box with a lid. The check valve and valve box shall be positioned on a
horizontal segment of pipe at least(2) linear feet outside of the grinder pump station.
Prior to the start-up of the grinder pump station, Developer, its successors and assigns, will be
required to pull the grinder pump for Utility's inspection to ensure the proper grinder pump and check
valve have been provided. If the proper grinder pump and check valve have been provided, the system
start-up will be allowed to proceed. If not, Developer, its successors and assigns, shall correct the pump
station and check valve and call for a follow-up inspection. An additional service charge will be assessed
for the follow-up inspection.
36. The Developer will own and maintain the private.pumping station and check valve on the
Property, and in the event of an electrical power outage, it shall.be,Developer's,responsibility to provide
backup power, if continuous service is desired. Utility is in nb 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.
37. The Developer will be responsible for all site clearing prior to installation and any site
restoration within the Property, upon completion of the project.
38. This Agreement does not include any other developments (future additions) that are
planned for this Property. A separate agreement will be prepared for the additional requirements of each
future development on the Property when such development is initiated.:
39. The construction of this project will not commence until receipt of all permits and
easements, if necessary, and this Agreement is executed and the charges stated herein are paid.
40. This Agreement will need to be executed by Developer, and the charges paid (shown on
page 2 of Agreement), prior to October 1, 2025, or this Agreement will be subject to any Service
Availability charge increases approved by Utility's Board of Supervisors for the next fiscal year beginning
October 1,2025;and this Agreement is subject to any material cost increases which Utility may experience
after October 1, 2025.
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IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
By: (Seal)
Prin .me. ..r-N`r4.:..e.x Jon . r e
Witness:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of I l physical presence or ❑
online notarization, this 3` day of , 2025, by JOHN J. CLARKE, who is
personally known to me or has produced (__. C.-Lk ( .. )b o9as identification.
o.ctpY poa�, Joseph B.Wiggins,Sr:• rin me: t V C%
° Notary Public,State of Florida Nota Public in and for the
A ocr My Comm.Expires 01/21/2027 County and State Aforesaid
14oFfe Commission No.HH 343063. My Commission Expires:
WITNESSES: DEVELOPER:
Wit s: By: 1- &a-A .L (Seal)
Prin tidy Bet / larke
Witness:
Print Name: �t—
STATE OF La Kap,-
COUNTY OF CQP .7
The foregoing instrument was acknowledged before me by means of x❑ physical presence or ❑
online notarization, this aL day of Nue u.S 4- ,2025, by JODY BETH CLARKE,who
is personally known to me or has produced 'ir+-p:ic 401 .S5(67/ 0, as identification.
.01 Ns Joseph B.Wiggins,Sr.
io `. . rmt N me. S. c.G.Cs-6� �S
Notary Public,State of Florida
Nota Public in and or the
r My Comm.Expires 01/21/2027
oF boa° Commission No.HH 343063 County and State Aforesaid
My Commission Expires:
•
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WITNESSES: UTILITY:
CLAY COUNTY UTILI Y A I' ORITY
Witness: "7147W
Print Name: Andrew H ' chell Jer•m D. Jo Zston,P E.,M.B.A.
Ex: uti - D• •
-
Wi . !►_ `\
Pri t Name: 1` a Y . I111 (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of(] physical presence or El
online notarization, this 22Nd day of A-� t,Ji , 2025, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY, who is personally known
to me.
Print Name: Andrew H Mitchell
_ Notary Public in and for the
Notary Public State of Florida , County and State Aforesaid
4 Andrew H Mitchell
,,,,;����•+,�� My C 9 802 on My Commission Expires: rod i�
Exp.10125/2025
WATER AND WASTEWATER
SERVICE TO 5774 GREEN ROAD
Parcel No. 24-05-24-006564-008-01
Official Records Book 4858,Pages 325-326, Clay County, Florida
EXHIBIT "A" •
A parcel of land situated In Section 24, Township 5 South, Range 24 East, Clay County,
Florida, said parcel being more particularly described as follows:
Commence at a concrete monument (stamped LS 3593), marking the intersection of the north
line of the Southeast 1/4 of said Section 24, with the west line of Green Road, an 80-foot wide
right-of-way; thence on said west line, run North 00 degrees 13 minutes 04 seconds West,
822.38 feet to the point of beginning; thence continue North 00 degrees 13 minutes 04 seconds
West, 565 feet, more-or less, to the centerline of a branch; thence on the meanderings of said
centerline, run southwesterly 930 feet, more or less to a point that bears South 89 degrees 46
minutes 56 seconds West 605 feet, more or less from tbe:,point of-beginning; thence run North
89 degrees 46 minutes 56 seconds East, 605 feet to the point;of*ginning; being 4.08 acres,
more or less in area.
Subject to that particular Right-of-Way easement as described in Official Records. Book 13,
page 275, and Official Records Book 505, page 627 of the public records of Clay County,
Florida.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
__ is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
CCUA T
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__ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
'a Phone 904 272 5999ill■ Gravity Sewer Features
�t 8/25/2025,9:16:15 AM - Forced Sewer Features
Conservation.Commitment.Community
ll.)"AUTN( 1 inch = 150 feet - Reclaimed Features