HomeMy WebLinkAbout06.e.03 DA GC25.26-18 - Infrastructure for CR 15A Industrial Park Return to: -
Clay County Utility Authority GC25/26-18
3176 Old Jennings Road
Middleburg,Florida 32068-3907
WATER AND WASTEWATER
INFRASTRUCTURE FOR COUNTY
ROAD 15A INDUSTRIAL PARK
(Green Cove System)
Parcel No.: 38-06-26-016571-001-01 Name of Project
Clay County
DEVELOPER AGREEMENT
This DEVELOPER AGREEMENT("Agreement"), made and entered into this Al..."" day of
Sepk,brig- , 2026 by and between BUCKSHOT DEVELOPMENT,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 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,
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) Potable Water Capacity Charge:
($476.93 x 0.00 ERCs) $ N/A *
Alternative Water Supply Surcharge:
($411.64 x 0.00 ERCs) $ N/A *
SJWMD Black Creek Water Resource Charge:
($102.40 x 0.00 ERCs) $ N/A *
Wastewater Capacity Charge:
($4,345.34 x 0.00 ERCs) $ N/A *
Environmental Impact Charge:
($317.95 x 0.00 ERCs) $ N/A *
(b) Debt Service Charge:
($191.00 x 0.00 ERCs) $ N/A *
(c) Main Extension Charge- Potable Water $ N/A
Main Extension Charge-Wastewater $ N/A
(d) Meter Installation Charge $ N/A
(e) Plan Review Fee $ 885.50 **
(f) Inspection Fee $ 925.51 **
(g) Recording Fee $ 137.36
Total $ 1,948.37
* - The Property is being developed as an industrial park and usage/demands of each industrial
parcel is not known at this time.A separate Developer Agreement will be prepared to assess the
appropriate capacity charges as each commercial development is constructed in the future.
** - The "Plan Review Fee" and "Inspection Fee" are assessed specifically for the utility
infrastructure for the project, in accordance with the plans shown on Exhibit "B," attached
hereto.
Note: Items(e) and(f) are estimates and are subject to adjustment based on actual cost incurred.
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Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations,and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated,Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer,or otherwise,shall have any present or future
right,title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water,`or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise, are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all potable water service connections.
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 provide the Utility, at the Developer's sole expense, a maintenance bond or
other form of security acceptable to the Utility in an amount equal to ten percent (10%) of the project's
schedule of values detailing the infrastructure being dedicated to the Utility.Such bond or security shall,by
its express terms, protect and indemnify the Utility against any loss, damage, costs, claims, debts, or
demands arising from defects,whether latent or otherwise, in the dedicated system.
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This security shall remain in effect for a period of two(2)years from the date of the Utility's formal
acceptance of the system.The Utility reserves the right to require security in excess of ten percent(10%)if
deemed necessary to adequately protect the Utility from potential liabilities associated with warranty
defects.
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.
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.
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7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility 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 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 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.
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.
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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 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 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-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 2025/2026-05
(Pretreatment Resolution) with regard to waste quality. In addition, facilities with photographic
development operations may be required to install and maintain a silver recovery unit in order to meet the
requirements of this resolution. Discharge of floor finish stripper products and waste to the collection
system requires an Industrial Pretreatment Permit issued by Utility. Developer, tenant or the
Property/project owner or Lessor must inform Utility of its intent to discharge any floor finish stripper
product and waste. Upon notification, a permit application will be sent to Developers, tenant or the
Property/project owner or Lessor to be completed and submitted to Utility for processing. A permit fee is
not required by Utility for an Industrial Pretreatment Permit. Failure to follow these procedures may result
in termination of water and wastewater service.
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.
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:
Buckshot Development,LLC
Attn.: Mr. George Petty
4410 Industrial Park Road •
Green Cove Springs,Florida 32043
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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.
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.
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.
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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 of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement, Utility may
require the payment of a reasonable fee to defray Utility's legal,engineering,accounting,administrative,and
contingent expense.
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.
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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.In addition,this Agreement is contingent upon
the execution of the Grant of Easement document.
33. It shall be Developer's specific responsibility to provide all close-out documents,easements,
etc.,that are necessary to legally convey title or property rights to the water and wastewater utilities installed
within the parcel described in Exhibit "A", for which Utility agrees to assume ownership or requires that
Utility assumes ownership. This includes any documents required to be signed by the owner of this portion
of the Property.
34. 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. In the alternative,it is
understood and agreed by Developer and Utility that Developer shall provide a root barrier,satisfactory to
Utility,around the roots of all landscaping,trees,shrubs,etc.,that are planted within the road right-of-ways
that will potentially impact any of the utilities covered by this Agreement.
35. The road cross-section,utility placement,and sidewalk placement used within the street and
right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities
and the Clay County Engineering Department. Any variance from these standard layouts shall be
communicated by Developer to all utilities requiring facilities in the right-of-way and the Clay County
Engineering Department and shall be approved by all such utilities and agencies prior to commencement of
construction.
36. The charges shown in paragraph 4 (a) through (g) of this Agreement cover only the
infrastructure for water and wastewater service to County Road 15A Industrial Park, in accordance with the
plans shown on Exhibit"B,"attached hereto and by reference made a part hereof and does not include any of
the commercial developments (future buildings, additions, etc.) 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.
37. Developer shall connect to Utility's existing 12-inch water main at the location shown on the
final approved plans prepared by Brian Kent Bush,PE,of IME Civil and Surveying,as described in Exhibit
"B",which are acceptable to Utility. All facilities shall be installed by Developer's State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility in accordance with Utility's
standards and specifications and shall,prior to Utility's acceptance for ownership and maintenance.
Utility shall own and maintain the potable water infrastructure constructed under this Agreement,
beginning at the connection point to Utility existing water system and extending through the distribution
system to the downstream side of each future service meter location, as described on the Utility approved
construction plans, entitled County Road 15A Industrial Park, prepared by Brian Kent Bush, PE, of IME
Civil and Surveying, as described in Exhibit `B", Project No. 070623.4. dated July 29, 2026, as may be
revised and approved by Utility.All service lines, customer plumbing,irrigation systems,and appurtenant
facilities located beyond the downstream side of each meter shall remain privately owned and maintained by
the applicable property owner.
38. Developer shall install or have installed a reduced pressure zone (RPZ) type backflow
prevention device which shall be located immediately downstream of each potable water meter,which are
proposed to service Developer's facilities and such installation shall be in compliance with the requirements
of the Florida Department of Health and Rehabilitative Services and Utility.
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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 preventer technician,annually or such other period as
may be required by Utility. Proof of the annual testing and recertifications must be submitted to Utility for
its records. These installations and annual recertifications shall be the responsibility of the Developer or its
successors and assigns. Utility shall have access to the water meters, during normal business hours, for
meter reading and maintenance purposes.
39. Connection to Utility's existing 4-inch wastewater force main and the construction of the
force main extension shall be installed by Developer's State of Florida Licensed Underground Utility
Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and
maintenance.Utility shall own and maintain the tap through the Developer's point of connection,as shown
on the approved plans titled'County Road 15A Industrial Park,prepared by Brian Kent Bush,PE, of IME
Civil and Surveying, as described in Exhibit`B", Project No. 070623.4, as described in Exhibit"B."All
wastewater mains,service lateral lines,and the private lift stations servicing Developer's property,which are
located upstream of Developer's connection point, shall'be Developer's responsibility for ownership and
maintenance.
40. The wastewater connection point being constructed is a pressure force main connection point
and will require the Developer's installation and maintenance of a duplex grinder pump station and piping
capable of pumping Developer's flow at each development parcel at the required pressure condition, and
connection of said piping to Utility's system at the valve box within Utility's proposed easement,in order for
Developer's flow to be pumped into Utility's system for treatment and disposal. In addition, Developer
hereby agrees to install and maintain a Flowmatic ball check valve, Model 508 (epoxy coated cast iron
body), at each development parcel on the discharge side of the Developer's duplex 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 two linear feet outside of the grinder
pump station.
Prior to the start-up of the duplex grinder pump station,Developer will be required to pull the grinder
pumps for Utility's inspection to ensure the proper grinder pumps and check valves have been provided. If
the proper grinder 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 valve and call for a follow-up
inspection. An additional service charge will be assessed for the follow-up inspection.
41. Developer will own and maintain the private pumping stations and check valves on each
parcel, and in the event of an electrical power outage, it shall be Developer's responsibility to provide
backup power,if continuous service is desired. Utility is in no way responsible for damages or injury,either
directly or indirectly,related to sanitary sewage overflows, spills or stoppages related to loss of electrical
power or any malfunction of the privately owned facilities.
42. This Agreement does not include any other phases or developments planned for this Property.
A separate agreement will be entered into when these developments are initiated.
43. All water and wastewater installations/connections shall be in accordance with the plans
prepared by IME Civil & Surveying, Project No. 070623.4, titled County Road 15A Industrial Park, as
described in Exhibit`B,"or as modified in a manner acceptable to Utility.
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44. 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.
45. This Agreement will need to be executed by Developer,the charges paid(shown on page 2 of
Agreement), prior to October 1, 2026, and the construction of the utilities for this total project 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 may be 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.
[Signatures Begin Next Page]
-12-
IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
BUCKSHOT DEVELOPMENT LLC., a Florida
limited liability company
`Witness: By: 6- � '
Print Name: i(- (2e) George R. Petty,Manager
Witness. �
Print ame: €'.0 r.\,..6.p.—
STATE OF 1.-L
COUNTY OF C,l Q&V\
The foregoinf hnstrumen as ack 2wledged before me by means of 0 physical presence or❑online
notarization this? day of _ , 2026, by GEORGE R. PETTY, as MANAGER of
BUCKSHOT DEVELOPMENT,LL ,a Florida limited liability company,who is personally known to me
or has produced , as identification.
rint tiie. h i i_C , KY?in i1i
Notary Pu 'c
State of L at Large
My Commission Expires:
OSppV P�j
-N ,;, _ CHRISTINE MOORE
r"-- " MY COMMISSION#HH 448156
„,,.. .f, EXPIRES:January 26,2028
r
-13-
WITNESSES: UTILITY:
CLAY COUNTY UT •UTHORITY
Witness: By:
Print Name: An rew H Mitchell e y D. rsto r P.E.,M.B.A.
ec _' - _I -ector
Witness:
Print Name: (,l f 5' c/ (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 29 " day of Si Pkv , 2026 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
4 Notary Public State of Florida ► Print Name: Andrew H Mitchell
o Andrew H Mitchell
My Commission HH 730417 i Notary Public
1 Expires 10/25/202s I State of Florida at Large
My Commission Expires:i p a 9
WATER AND WASTEWATER
INFRASTRUCTURE FOR COUNTY ROAD 15A
INDUSTRIAL PARK
Parcel Number No.: 38-06-26-016571-001-01
EXHIBIT"A"
PART OF LOTS 4 AND 6 OF BLOCK 40,SITUATE. LYING AND BEING EAST OF COUNTY ROAD NO.15-A
(FORMALLY STATE ROAD NO.3, AND U.S. HIGHWAY NO. 17)AND BEING PART OF THE GEORGE I. F.
CLARKE GRANT, ACCORDING TO THE GOULD T. BUTLER PLAT, AND BEING IN SECTION 38,
TOWNSHIP 6 SOUTH, RANGE 26 EAST, CLAY COUNTY, FLORIDA; TOGETHER WITH A PART OF
SECTION 17, BLOCK 35,GOULD T, BUTLER PLAT OF BAYARD TRACT,PLAT BOOK 1, PAGES 31,32,33
AND 34,ALSO DESCRIBED AS NORTH 1/2 OF LOT 17 AND ALL OF LOT 18,BLOCK 27 SMITHS PLAT OF
BAYARD TRACT,RECORDED IN DEED BOOK"J",PAGES 273 AND 234;TOGETH ER WITH A PORTION OF
BLOCK 35 CLINTCH ESTATE,ACCORDING TO PLAT BOOK 1, PAGES 31, 32,33, 34, OF THE PUBLIC
RECORDS OF CLAY COUNTY, FLORIDA;ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 17,WITH THE EAST LINE OF SAID
LOT 4;THENCE ON SAID EAST LINE,N 16°18'01"W,67.14 FEET;THENCE S 71°51'14"W,521.85 FEET
TO THE EAST LINE OF SAID COUNTY ROAD NO.15-A;THENCE ON SAID LINE, RUN THE FOLLOWING
TO COURSES(1)N 21°40'20"W,319.09 FEET;(2)ON THE ARC OF CURVE CONCAVE EASTERLYAND
HAVING A RADIUS OF 1859.86 FEET,AN ARC LENGTH OF 300.22,SAID ARC BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE OF N 17°02'52"W, 299.89 FEET; THENCE 64°03'08" E, 1913.08
FEET TO THE EAST LINE OF SAID SECTION 17;THEN ON SAID LINE,S 15°23'12"E, 1000.00 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION17,THENCE ON THE SOUTH LINE OF SAID SECTION 17,
S 74°11'43"W, 1314.77 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATED, LYING AND
BEING IN CLAY COUNTY, FLORIDA
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: County Road 15A Industrial Park
Engineer: Brian Kent Bush, P.E.
IME Civil& Surveying
1870 County Road 214
St.Augustine,FL 32084
Project No.: 070623.4
Project Date: January 21, 2026
Engineer Drawing Description Latest
Number Engineer
Approved
Plan Date
C-01 Cover Sheet 08/20/2026
C-02 General Notes 08/20/2026
Existing Conditions Survey , 08/20/2026
C-04.1 —C-04.2 Water Plan 08/20/2026
C-05.1 —C-05.2 Sewer Plan 08/20/2026
C-06.1 —C-06.4 Water Details 08/20/2026
C-07 Sewer Details 08/20/2026
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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.
I yr,<, // /I --•` I CCUA
("-C1C01);\
" Title:
___\` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
� Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal water Features
'a Phone 904 272 5999 ill■ Gravity Sewer Features
\t 9/24/2026,4:50:00 PM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 1,000 feet - Reclaimed Features