HomeMy WebLinkAbout06.e.02 DA KU25.26-8 - Fleming Island CDD Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
KU25/26-8
FLEMING ISLAND PLANTATION CDD
TENNIS RESTROOM PAVILION-2300
TOWN CENTER BLVD.
Parcel ID No: 17-05-26-014266-023-00 (Kingsley System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT,made and entered into this 2i''' day of Deceii ben 2025,
by and between FLEMING ISLAND PLANTATION COMMUNITY DEVELOPMENT DISTRICT,a
local unit of special purpose government established under Chapter 190, Florida Statutes, 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; and central reclaimed
water 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:
($476.93 x 0.50 ERCs) $ 238.47 *
Alternative Water Supply Surcharge:
($411.64 x 0.50 ERCs) $ 205.82 *
SJWMD Black Creek Water Resource Charge:
($102.40 x 0.50 ERCs) $ 51.20 *
Wastewater Capacity Charge:
($4,345.34 x 1.00 ERCs) $ 4,345.34 *
Reclaimed Water Capacity Charge:
($317.95 x 0.00 ERCs) $ N/A
(b) Debt Service Charge:
($246.79 x 0.50 ERCs) $ 123.40
(c) Main Extension Charge - Potable Water $ N/A
Main Extension Charge - Wastewater $ N/A
Main Extension Charge - Reclaimed Water $ N/A
(d) Fire Protection Capacity Charge $ N/A
(e) Meter Installation Charge $ N/A **
(f) Plan Review Fee $ 423.50
(g) Inspection Fee $ 289.15
(h) Recording Fee $ 136.56
Total $ 5,813.44✓�
* - Includes 0.50 ERC for water and 1.00 ERC for wastewater, based on the fixture unit count
for the tennis restroom pavilion, all in accordance with Utility's current Rate Resolution.
** - The Developer intends to utilize the existing 2-inch meter installed as part of the original
Developer Agreement (Premise # P36682). The existing billing account will be changed
from a water only account to a water and wastewater account to accommodate this request.
Note: 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 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 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.
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Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects,latent or otherwise,with respect to workmanship,materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility, and immediately assign the same and the right to enforce the same to the Utility
on or before such date. The Developer shall also provide to the Utility, at Developer's sole expense, such
maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,
which by its or their express terms protect and indemnify Utility against any loss, damage, costs, claims,
debts or demands by reason of defects,latent or otherwise,in the system to be and remain in effect for two
(2)years from the date of the system acceptance by Utility.
In addition to any other promises,guarantees or warranties to be provided by Developer to the Utility
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,claims,debts
or demands by reason of defects, latent or otherwise,in the system which could not have been reasonably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)years from
the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed
shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable
water distribution,reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors
during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which potable water, reclaimed water, and wastewater systems are installed, with adequate legal
access to same, by recordable document satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
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.
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The costs associated with construction of over-sized facilities which provide Utility with excess
capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to
Utility's Service Availability Policy. The same construction standards,warranty requirements,maintenance
bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as provided under
paragraph 5. of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer,or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the 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.
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Utility hereby agrees that all easement grants will be utilized in accordance with the established and
generally accepted practices of the potable water,reclaimed water,and wastewater industry with respect to
the installation of all its facilities in any of the easement areas.
10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable
water,reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable
water, reclaimed water and wastewater services to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or
any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest
in and to such facilities or any part of them, for any purpose, including the furnishing of potable water,
reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of
the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board 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 2021/2022-05
(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 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 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.
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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. 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 of title 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.
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:
Fleming Island Plantation CDD
Attn: Michael Cella, Chairman
210 N. University Drive, Suite 702
Coral Springs, Florida 33071
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.
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.
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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.
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 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.
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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.
31. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water and wastewater service within Developer's project, to apply to Utility for service after the
installation of the water and wastewater utilities have been completed and accepted by Utility. Upon
completion of application for water and wastewater service and payment of the appropriate charges set forth
in Utility's then current applicable Rate Resolution,including any security deposits required,service will be
initiated to customers within Developer's Property.
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, wastewater, and/or reclaimed water mains to be
owned by Utility.
35. This Agreement is for potable water and wastewater service only for the tennis court
restroom pavilion, and all references to reclaimed water service in this standard agreement shall not apply.
36. Developer shall continue to maintain the existing reduced pressure type backflow prevention
device which shall be located immediately downstream of Utility's existing 2-inch potable water meter,and
such installation shall remain in compliance with the requirements of the Florida Department of Health and
Rehabilitative Services and Utility. Furthermore, this device must be tested and recertified by a certified
backflow preventer technician annually or such other period as may be required by Utility. Proof of the
annual testing and recertification must be submitted to Utility for its records. The installation and annual
recertifications shall be the responsibility of the Developer, its successors, or assigns.
37. Developer shall connect to Utility's existing manhole,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 service lateral
lines servicing Developer's Property, which are located upstream of the connection to Utility's existing
manhole 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 manhole.
38. The wastewater connection being constructed is a pressure force main connection.Therefore,
it will be the Developer's project Engineer's responsibility to design and permit the proposed duplex
lift/pump station, which is capable of pumping Developer's flow at the required pressure condition and
connect said piping to Utility's system at the existing manhole, as shown on the approved plans, Fleming
Island Plantation CDD, Tennis Restroom Pavilion, described in Exhibit"B".
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Developer hereby agrees to install and maintain Flowmatic ball check valves,Model 508 (epoxy
coated cast iron body), check valves, and valve box shall be positioned on a horizontal segment of pipe at
least two linear feet outside the duplex pump station. 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 pump for Utility's inspection
to ensure the proper pump and check valves have been provided. If the proper pumps and check valves have
been provided, the system start-up will be allowed to proceed. If not, Developer shall correct the pump
station and check valves and call for a follow-up inspection. An additional service charge will be assessed
for the follow-up inspection.
39. 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.
40. 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.
41. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain storm water, shall not connect to Utility's wastewater system.
42. All water and wastewater installations/connections shall be in accordance with the plans
prepared by Prosser, Inc., Project No. 109064.12, as described in Exhibit"B", or as modified in a manner
acceptable to Utility.
41. This Agreement does not include any other developments(future additions and/or buildings)
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.
42. 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.
43. This Agreement will need to be executed by Developer,and the charges paid(shown on page
2, of agreement), prior to October 1, 2026, and the construction of the utilities shall be commenced by
October 1, 2026, or this Agreement will be subject to any Service Availability charge increases currently
approved,which may be applicable or which maybe approved by Utility's Board of Supervisors for the next
fiscal year beginning October 1,2026; and this Agreement is subject to any material cost increases which
Utility may experience after October 1, 2026.
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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:
FLEMING ISLAND PLANTATION
COMMUNITY DEVELOPMENT DISTRICT,
a local unit of special purpose government
created pursuant to Chapter 190, Florida
Statutes
6 Witness: MBy: f'l-(1
Print Name: 6?.-wrrt L {l rZ Michael Cella, Chairman
Witness: ,tca.44
Print Name: ZsoiQh (?Q&y i 11
STATE OF Vl or kct
COUNTY OF C,1
The foregoing instrument was acknowledged before me by means of El physical presence or L online
notarization this 17 day of Woven ter 2025,by MICHAEL CELLA, as CHAIRMAN of FLEMING
ISLAND PLANTATION COMMUNITY DEVELOPMENT DISTRICT,a local unit of special purpose
government created to Chapter 190 Florida Statutes,who is personally known to me or who has produced
11on -- arty e,erIS4as identification.
9A-U -61z- (1404
Printed Name: (1)i I V I& o
Notary Public, State of Florida at Large-
My Commission Expires: 0CtZ% X 14- 2021
0:. ., OLIVIA VAN DYKE
*=Commission#HH 731325
-';aOC�,.�;p, Expires October 14,2029
„
-12-
WITNESSES: UTILITY:
CLAY COUNTY UT. --'ib• UTHORITY
Witness: -9'/ By: 11‘ - ``fir' —
Print Name: Andrew H Mitchell - y D. i ston P.E., M.B.A.
ec it
i (Corporate Seal)
Witnes • , i j '— %) \
Print ame: na M. Sm .
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of II physical presence or E online
notarization this 81% day of b er e*,imp , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
Notary Public State of Florida Print Name: Andrew H 11V1 tchell
4 Andrew H Mitchell Notary Public, State of Florida at Large
,,,,,11n;;,,; My Commission HH 730417
Expires 10/26/2029 My Commission Expires: 1012-172.o2-
FLEMING ISLAND PLANTATION CDD
TENNIS RESTROOM PAVILION
2300 TOWN CENTER BOULEVARD
Parcel Number: 17-05-26-014266-023-00
Official Records Book 1853, page 1598, Clay County,Florida
EXHIBIT "A"
AWNITY CENTER tFLEMING XELAND_PLANTATTANL
FOR: CENTEX HONES
A FORTLON OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 26 EAST, CLAY
COUNTY, FLORIDA, BEING NoRE PARTICULARLY DESCR/BED AS FOLLOWS:
FOR A POINT OF REPERENoE COMMENCE AT THE CENTERLINE INTERSECTION OF
FLEMING pLANTAIION BOULEVARD (AN 80 FOOT RIGHT OF WAY, AND TOWN
CENTER BOULEVARD (A 100 DAM RIGHT OF WAY1 AND RUN SOUTH Or SS, 59"
WEST, ALONG THE CENTERLINE OF SA/D TOWN CENTER BOULEVARD, A DISTANCE
OF 30.00 FEET; RUN THENCE NORTH 810 06' 01" WEST, DEPARTING SAID
CENTERLINE, A DISTANCE OF 50.00 FEET TO A FoINT ON THE WESTERLY RIGHT
OF WAY LINE OF SAID TOWN CENTER BOULEVARD FOR THE POINT OF BEGINNING.
FROM THE POINT OF BEGINNING THUS DESCRIBED RUN SOUTH 08° 53' 59" WEST,
ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 989.96 FEET TO
A POINT OF CURVATURE; RUN THENCE IN A SOUTHERLY DIRECTION ALONG THE
ARC OF A CURVE IN SAID WESTERLY RIGHT. OF WAY LINE, SAID CURVE BEING
CONCAVE EASTERLY AND HAVING A RADIUS OF 650.00 FEET, AN ARC DISTANCE
0E72.95 FEET TO A POINT OF CUSP, SAID ARC BEING SUBTENDED BY A CHORD
HEARING AND DISTANCE Or SOUTH 05" 41' 05" WEST, 72.91 FEET; THENCE,
DEPARTING SAID WESTERLY RIGHT OF HAY LINE, RUN IN A SOUTHWESTERLY
DIRECTION ALONG It ARC OF A CURVE, SAID CURVE BEING CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 30.00 rszT, AN ARC DISTANCE OF
48,61 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 49° 04' 34" WEST,
43.60 FEET; THENCE NORTH 89° OS' 52" WEST, A DISTANCE OF 60.00 FEET;
THENCENOIVH84° 19' 04" WEST, A DISTANCE OF 138.00 FEET; THENCE NORTH
05° 40' 56" EAST, A DISTANCE OF 40.00 FEET; THERcE NORTH 84" 19'
WEST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 05' 40' 56" WEST, A
DISTANCE OF 40.00 FEET; THENCE NORTH 64" 19' 40" WEST, A DISTANCE OF
149.80 FEET: THENCE NORTH 037 12' 01,, EAST, A DISTANCE OF 27/.81 FEET;
THENCE NORTH 07° 29' 54" WEST, A D/STANCE OE 142.47 FRET; THENCE NORTH
40' 15' 25" WEST, A. DISTANCE OF 157.47 FEET, THENCE SOUTH 87° 50' 20"
EAST, A DISTANCE OF 214.16 bEer: THENCE NORTH Or 53' 59" EAST, A
DISTANCE OF 126.41 FEET, THENCE NORTH 33" 48' 38" WEST, A DISTANCE OF
255.89 FEET: THENCE NORTH 56' 11' 22° EAST, A DISTANCE OF 202.19
THENCE SOUTH DI" 06' 01" EAST, A DISTANCE OF 100.00 FEET: THENCE
NORTH 05° 53' 59" EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 86°
10' 31" EAST, A DISTANCE OF 317.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.89 ACRES, MORE OR LESS.
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Fleming Island Plantation CDD
Tennis Restroom Pavilion
Engineer: Ryan Stilwell, P.E.
Prosser Inc.
13901 Sutton Park Drive South, Suite 200
Altamonte Springs, FL 32701
Job Number: 109064.12
Engineer Drawing Description Latest
Number Engineer
Approved
Plan Date
C-1.01 Cover Sheet 01/13/2025
C-1.02 Survey 01/13/2025
C-1.03 General Notes 01/13/2025
C-1.04 Signature Sheet 01/13/2025
C-2.01 Demolition Plan 01/13/2025
C-3.01 Site Plan 01/13/2025
C-4.01 Paving, Grading&Drainage Plan 01/13/2025
C-5.01 Utility Plan 01/13/2025
C-6.01 Paving, Grading&Drainage Details 01/13/2025
C7.01 —C7.07 CCUA Standard Detail Sheets 01/13/2025
C-8.01 Private Lift Station Details 01/13/2025
C-9.01 Erosion& Sediment Control Notes 01/13/2025
C-9.02 Stormwater Pollution Prevention Notes 01/13/2025
C-9.03 Stormwater Pollution Prevention Notes (Contractor) 01/13/2025
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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.
IMIEMEMIIMIIIMMEnEneal
C
i� COLl Title:
___ \ Clay County Utility Authority CCUA Web Map
\ 3176 Old Jennings Road
i Info:
� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
/.`� Phone(904)272-5999ttM Gravity Sewer Features
/ 12/9/2025,8:19:55 AM
s� Conservation.Commitment.Commundy. l= Forced Sewer Features
�TYAUTN� 1 inch = 200 feet = Reclaimed Features