Loading...
HomeMy WebLinkAbout06.e.01 DA CU24.25-29 - 1706 & 1708 Penzance Parkway Return to: Clay County Utility Authority CU24/25-29 3176 Old Jennings Road Middleburg,Florida 32068-3907 BLANDING & PENZANCE RETAIL 1706 & 1708 PENZANCE PARKWAY (Clay Utility System) Parcel No.: 32-04-25-008101-040-23 Name of Project Clay County DEVELOPER AGREEMENT This DEVELOPER AGREEMENT("Agreement"), made and entered into this 16+ti day of Sept. btv,, 2025 by and between MIDDLEBURG INTERNATIONAL PLAZA, 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 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 potable water and wastewater 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 and wastewater service by the Utility to the 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 ofthe 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. -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, 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, potable water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to provide potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability Policy),upon execution of this Agreement in order to reserve capacity in the System: (a) Water Capacity Charge: ($465.75 x 6.00 ERCs) $ 2,794.50 * Alternative Water Supply Surcharge: ($399.65 x 6.00 ERCs) $ 2,397.90 * SJWMD Black Creek Water Resource Charge: ($103.66 x 6.00 ERCs) $ 621.96 * Wastewater Capacity Charge: ($4,243.50 x 4.50 ERCs) $ 19,095.75 * Environmental Impact Charge: ($410.00 x 4.50 ERCs) $ 1,845.00 * (b) Debt Service Charge: ($196.73 x 4.50 ERCs) $ 885.29 * (c) Main Extension Charge-Potable Water $ N/A Main Extension Charge- Wastewater $ N/A (d) Meter Installation Charge $ 7,658.34 ** (e) Plan Review Fee $ 462.00 (f) Inspection Fee $ 829.04 (g) Recording Fee $ 127.88 Less Amount Per Previous Obligation Agreement ($ 4,372.87) / Total $ 32,344.791 * - Includes 4.50 ERCs for water and wastewater for the building based on the square footage and 1.50 water ERCs for potable irrigation water service for the property(based on 641.10 AGPD).This is all in accordance with Utility's Rate Resolution.A supplemental agreement will be prepared to assess the appropriate charges as each unit is developed. ** - Includes six(6) 1 1/2-inch potable water meters for each unit and one(1) 1-inch potable irrigation water meter(without meter boxes). Note: Items (e) and (f) are estimates and are 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 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 (l00%) by the Developer without any provision for refund. Utility reserves the right to require backflow prevention devices on all potable water 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. -4- Developer shall guarantee Utility against defects in material and workmanship for the portion ofthe 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 ofthe 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. -5- The costs associated with the 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 wastewater collection facility,potable water distribution 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 and/or wastewater service to the customers within the Property 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. 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 ofDeveloper 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. loper 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 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,the mortgagee would continue to recognize the easement rights of Utility. All potable 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. -6- Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the potable 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 and wastewater facilities accepted by Utility in connection with providing potable 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 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 ofproviding 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 the rates or rate schedule 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. Prior to Developer's acquisition of title to the Property, 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. Subsequent to Developer's acquisition oftitle to the Property,this Agreement shall be binding upon and shall inure to the benefit of Developer and the Property and shall run with title to the Property without the requirement of any formal assignment agreement and without obtaining any consent from Utility. 15. Notice - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger,by mail,or by electronic mail,and if to Developer, shall be mailed or delivered to Developer at: Middleburg International Plaza,LLC Attn.:Fang Xhang Ye 1305 N. Orange Avenue, Suite 127 Green Cove Springs, Florida 32043 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 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. ntal 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 potable water, reclaimed water, and wastewater systems. -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 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. 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 Developer Agreement for examination by Developer does not constitute an offer but becomes effective only upon execution thereof by Utility and Developer. 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 potable 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 ofthe 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,administrative,and contingent expense. -9- 29. It shall be Developer's responsibility or Developer's customers' responsibility,utilizing the project's potable water and wastewater service within Developer's project,to apply to Utility for service after the installation of the potable water and wastewater utilities have been completed and accepted by Utility. Upon completion of application for potable water, wastewater and reclaimed water services 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. 30. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable 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. 31. Developer shall not place any conservation easements over any of the easement lands that contain Utility's water or wastewater facilities for the project covered by this Agreement. 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(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 any of the water and wastewater mains to be owned by the Utility. 34. The tap of the existing 10-inch water main, connection to the Utility's system, and the construction of the water services from the main to the meter locations shall be installed by the Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of the 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. Developer shall install or have installed reduced pressure type backflow prevention devices, which shall be located immediately downstream of Utility's six(6) 1 1/2-inch potable water meters for each unit and Utility's one 1-inch potable water meter 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 installation of said devices,Developer shall provide to Utility for its permanent records the Make,Model,Size,and Serial Number of said devices. Furthermore,these devices must be tested and recertified by a certified backflow prevention technician,annually or such other period as may be required by Utility. Proof of the annual testing and re-certifications must be submitted to Utility for its records. These installations and annual re-certifications shall be the responsibility of the Developer or its successors and assigns. 36. Developer shall connect to Utility's existing 8-inch gravity main, and the connection to Utility's system 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. All mains and service lateral lines servicing Developer's Property, which are located upstream of the connection to the existing gravity main,shall be Developer's responsibility for ownership and maintenance, and Utility shall own and maintain all facilities downstream of Developer's connection to the existing gravity main. -10- 37. Developer shall install or have installed a grease/sand interceptors for each unit where food preparation facilities that are subject to discharge grease into the wastewater collection system,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. 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. eptor 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. 38 Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain stormwater shall not connect to Utility's wastewater system. 39. Since the usage of the lease space(s) is undetermined at this time, the " Water Capacity Charge," "Alternative Water Supply Surcharge," "SJWMD Black Creek Water Resource Charge," "Wastewater Capacity Charge," "Environmental Impact Charge," and "Debt Service Charge" shown in Paragraph 4(a)&4(b)of this Agreement will be determined at the time of buildout and the charges will be based on Utility's Rate Resolution in effect at that time. A supplemental agreement will be prepared to assess any additional charges to either the tenant or the Property/project owner or Lessor for the additional lease spaces,based on their mutual agreement on same, as the additional ERCs are determined.For each supplemental agreement prepared,a service charge of$100.00 will be assessed to prepare the agreement,in addition to the above stated connection charges.At a very minimum,Developer shall report to Utility fifteen (15)days prior to each space being occupied initially or in the future,so that the supplemental agreement for the water and wastewater connection charges can be prepared and executed before tenant occupancy. In addition,if Developer has pre-planned and determined which meter will serve each lease space or unit and provides that information to Utility, then Utility's staff will audit and verify which meter serves each individual unit of the building. This additional audit will be done in one trip for all meters at no additional charge. However, for each additional trip that, in Utility's opinion, is necessary to audit the meter/rental unit relationship,a service charge of$50.00 will be assessed for each extra trip required of staff to verify which meter serves each individual unit of the flex rental space. Should the audit take over three quarters of an hour,then each extra hour or portion thereof will be charged at$75.00 per hour. 40. All water and wastewater installations shall be in accordance with the plans prepared by Envision Design+Engineering,LLC.,titled Blanding&Penzance Retail, as described in Exhibit"B,"or as modified in a manner acceptable to Utility. 41. 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. 42. This Agreement will need to be executed by Developer,the charges paid(shown on page 2 of Agreement), prior to October 1, 2025, and the construction of the utilities for this total project 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. -11- 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: MIDDLEBURG INTERNATIONAL PLAZA,LLC., a Florida limited liability company Witness: ,#/r/,', By: PifAeig ile Print Name: 4 A drew H ltchell Fang Zhang Ye, Manager ) Printa :4-11 - -- p ........, t !4.'. • STATE OF CI®rM �a COUNTY OF.. Gin 4, The foregoing instrument was acknowledged before me by means of(]physical presence or❑online notarization this IP" day of -C-€ Jews 1,410, , 2025, by FANG ZHANG YE, as MANAGER of MIDDLEBURG INTERNATIONAL PLA A, LLC., a Florida limited liability company, who is personally known to me or has produced tov4 c _ Drt\og*r I-4c-024,.c32 , as identification. Illrak+,10.06.•••••a'•416•418""4/8"."abm41 .A</tV /ifi Notary Public State of Florida I Print Name: I ma Andrew H Mitchell ► Andrew II Mitchell MyH miss on ► Notary Public tiff H Exp.1012512025 ► State of etvolJa at Large My Commission Expires: Ia/Zs/2 l` -12- WITNESSES: UTILITY: CLAY COUNTY UTIL • ° ,THORITY Witness: 4'i( By: `: _- � . _ Print Name: Andrew H MitchellD. Jo'1 ,7.E., M.B.A. c• ' ictor Witness: Print Name: . rer1 (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online notarization this 16+4► day of fe ri s% 1> ' , 2025 by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. y11W _, vk- Notary Public State of Florida , Print Name: Andrew H Mitchell My Commission eil Notary Public "'�'t"lin'�'' Exp 10►25 2025 State of Florida at Large My Commission Expires: 10, /g,5 BLANDING &PENZANCE RETAIL 1706 & 1708 PENZANCE PARKWAY Parcel Number No.: 32-04-25-008101-040-23 EXHIBIT "A" A PARCEL OF LAND SITUATED IN SECTION 32, TOWNSHIP 4 SOUTH., RANGE 25 EAST, CLAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHERLY CORNER OF LOT 1,BLOCK 2,COPPERGATE UNIT ONE, AS SHOWN ON MAP RECORDED IN PLAT BOOK 20, PAGES 45 THRU 48 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE ON A NORTHWESTERLY LINE OP SAID COPPERGATE UNIT ONE, SOUTH 55 DEGREES 02 MINUTES 40 SECONDS WEST,200.00 FEET; THENCE NORTH 34 DEGREES 57 MINUTES 20 SECONDS WEST, 350.00 FEET TO THE SOUTHEASTERLY LINE OF STATE ROAD NO. 21/BLANDING BOULEVARD; THENCE ON LAST SAID LINE NORTH 55 DEGREES (12 MINUTES 40 SECONDS EAST, 170.00 FEET TO THE SOUTHWESTERLY LINE OF PENZANCE PARKWAY; THENCE ON LAST SAID LINE RUN THE FOLLOWING 2 COURSES: 1) ALONG THE ARC OF A CURVE CONCAVE SOUTHERLY,HAVING A RADIUS OF 30.00 H isi, AN ARC DISTANCE OF 47.12 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 79 DEGREES 57 MINUTES 20 SECONDS EAST, 42.43 FEET; 2) SOUTH 34 DEGREES 57 MINUTES 20 SECONDS EAST, 320.00 FEET TO THE POINT OF BEGINNING. EXCEPTING ANY PART DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 695, SAID PUBLIC RECORDS OF CLAY COUNTY,FLORIDA. EXHIBIT"B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Blanding&Penzance Retail Engineer: Douglas L. Skiles,P.E. Envision Design+Engineering, LLC. 4446-IA Hendricks Avenue, Suite 102 Jacksonville,FL 32207 Project Date: June 30, 2023 Engineer ' Description Latest Drawing Engineer Number Approved Plan Date C-0.0 ! Cover Sheet 10/18/2024 C-0.1 General Notes 10/18/2024 C-0.3 I Clay County General Notes 10/18/2024 C-1.0 j Existing Site Conditions 10/18/2024 C-2.0 j Site Geometry Plan 10/18/2024 C-3.0 Water& Sewer Plan 10/18/2024 C-5.3-C-5.6 Water Details 10/18/2024 C-5.7 Sewer Detail 10/18/2024 • 1 , - • �•• �C7 C' ' N • Cr \ • IN .. 146,'• ....„0"-`• 46' +#41-_,,,,.--7 .11,7 \ .., •_#. ....7 , :c rs, © , �\ L I r11 ‘j' 110 - ©'mil G,y D ,V / `. / \7 \\\f -.: 40 777 .., • ‘Qa' •7 +M �0 M '�'`r � .1 ��*. 14M\�0 \\P. 141.0• Nie_.:‘''' � `\ • \..r:::: .- 1�1 w 160 M C::> � NINN �s \4 >' ��� Tap mains and install ?.....ifft ` �� ,v 1 .• services for Blandin & � ~'"Penzance Retail Building � `' �� < C. \,-- ...., \\ZA)„\1/4. ,.... .., \ ., 1 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 r„ information included in the drawing is general in nature and not site specific.Any dimensions 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 drawing.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.9 Q \ '\ / CCUA _` - - ,' .% ' i - - rCOUNT Title: C .•� ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road Info: �� Middleburg, Florida 32068-3907 Water Features Prepared by CCUA GIS Portal . Phone (904)272-5999 - Gravity Sewer Features � 9/18/2025,11:36:03 AM0 Forced Sewer Features Conservation.Commitment.CommundyTYAUT A° 1 inch = 200 feet - Reclaimed Features