TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT JEA WATER AND WASTEWATER SYSTEMS CUSTOMER OWNED, OPERATED AND MAINTAINED

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1 Return to: Greg Corcoran, Manager JEA 21 West Church Street Jacksonville, Florida TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT JEA WATER AND WASTEWATER SYSTEMS CUSTOMER OWNED, OPERATED AND MAINTAINED THIS AGREEMENT is made and entered into this day of, 2017, by and between John Doe and Jane Doe, 0000 Chenango Blvd., Jacksonville FL (herein collectively called Owners ), jointly and severally, and JEA, whose address is 21 West Church Street, Jacksonville, Florida ( JEA ). Owners own the following described real property (the Property ), located in Duval County, Florida: See Exhibit A attached hereto and incorporated herein. RECITALS WHEREAS, the Property is within an identified Priority Area that is eligible to participate in the Water/Wastewater Improvement Program (the Program ) pursuant to Chapter 751, Ordinance Code and that JEA is acting as the City of Jacksonville s (the City ) Program manager in implementing the Program; and WHEREAS, the Program requires a certain number of eligible property owners within an identified Priority Area to participate in the Program and if the required number of property owners participate the water and or wastewater system improvements can be planned for and constructed on the Property; and WHEREAS, Owners acknowledge that the water and wastewater system improvements will be beneficial to the Property; and WHEREAS, Owners further acknowledge that in order to adequately deliver water to Owners Structure(s) from JEA s Water System and to collect wastewater generated from Owners Structure(s) on the Property to JEA s Wastewater System, the water and wastewater system on the Property must be maintained; and WHEREAS, the water and wastewater system improvements will be made by a firm under contract to JEA at no cost to Owners; NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained, and other good and valuable consideration, whose receipt and adequacy are hereby acknowledged, Owners and JEA hereby covenant and agree as follows: Page 1 of 6

2 1. The following definitions are used in this agreement: (a) JEA System means the water and wastewater infrastructure system owned and operated by JEA and used to provide potable water and for wastewater collection. The JEA system is typically in the City Right-of-Way ( ROW ). (b) Owners Structure(s) means any structure on the Property which has the ability to accept potable water or generate wastewater. (c) Owners System means the piping and equipment necessary to convey potable water to the Owners Structure(s) and to convey wastewater away from the Property to the JEA system (typically at the edge of the ROW) to be installed on the Property. 2. Owners acknowledge and agree that connecting potable water to the Property from the JEA System and connecting wastewater from the Property to the JEA System will require installation and maintenance of piping and equipment located on the Property. The cost of the new water and wastewater connection on the Property with said Owners System to be installed in compliance with JEA standards shall be funded through the City s Water/Wastewater Improvement Fund. Said installation shall be accomplished during the construction timeframe of the project upon the execution of this Agreement by the Parties. 3. The Owners grant permission to JEA, its agents, employees and independent contractors to enter the Property in order to construct a new water and wastewater service connection, including the abandonment of any existing septic tanks. 4. Upon completion of installation of the Owners System, JEA agrees to restore all disturbed areas, plants, shrubs, fences and grass to the condition they were at the time the work authorized hereunder began. In the event that JEA must make a cut in any sidewalk, driveway or other paved area in order to install the Owners System, JEA will resurface the cut area only in accordance with City of Jacksonville standards. The Owners will be requested to inspect the Property at the completion of the work. 5. After initial installation as set forth in paragraph 2 herein, and inspection and acceptance by Owners, all such piping and equipment located on the Property shall be maintained solely by Owners at Owners expense. JEA will not thereafter be responsible for the maintenance, operation, replacement, or repair of the on-site pipes or any other equipment needed to effectively deliver potable water to the Property or to deliver the wastewater to JEA s System. 6. The Parties agree that the on-site Owners Systems will be connected to the JEA Systems and will be configured and installed in accordance with JEA standards in effect at the time of JEA approval in accordance with all applicable governmental laws, rules and regulations. 7. Upon acceptance by Owners of the Owners Systems, it is understood that responsibility for conforming with governmental agency s laws, rules and regulations will be the sole responsibility of the Owners, and that Owners will hold JEA harmless from and waive all future claims, if any, against JEA, arising out of the compliance or lack thereof with all other governmental laws, rules, and regulations. 8. Owners, for themselves, their heirs, personal representatives, successors and assigns, hereby agree as a condition of entering into this Agreement, accepting the installation of the Owners Page 2 of 6

3 Systems and all related piping and equipment from JEA, and obtaining JEA s authorization to connect to JEA s Systems, to hold JEA harmless from the following: any and all liability, claim or damage (including but not limited to reasonable attorneys fees and costs incurred at all tribunal levels) resulting from or in any manner related to the maintenance, operation, replacement or repair of the newly installed on-site piping and equipment; any and all past occurrences and/or events relating to the operation of the water and wastewater system at the Property. 9. Notwithstanding anything to the contrary herein, JEA and/or the City \ may remove the Property from the Program at any time in their sole discretion. In the event City or JEA makes such a determination, JEA shall deliver notice to Owners and this Agreement will terminate and be rendered null and void. Owners acknowledge JEA shall have no obligation to perform the water and wastewater system improvements contemplated herein in the event the Property is removed from the Program. 10. This Agreement will bind and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement shall be recorded in the public records of Duval County as notice to subsequent owners of the property of the existence of the Owners System and all related equipment, and the maintenance requirement by the Owners. 11. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, and the proper venue for any action under this contract shall be the courts of Duval County, Florida. 12. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and may only be modified, amended or terminated by a writing signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of this day of, [execution on following page(s)] Page 3 of 6

4 WITNESS: Owner John Doe WITNESS: Owner Jane Doe STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of, 2017, by John Doe and Jane Doe who is personally known to me OR produced as identification. [NOTARY SEAL] Print Name: Notary Public, State of Florida Page 4 of 6

5 WITNESS: JEA, a body politic and corporate By: Donald L. Burch, Jr. Manager, Real Estate Services STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of, 2017, by Donald L. Burch, Jr., Manager of Real Estate Services of JEA, a body politic and corporate, on behalf of JEA. He is personally known to me OR produced as identification. [NOTARY SEAL] Print Name: Notary Public, State of Florida Page 5 of 6

6 Exhibit A The Property RE # S-11E.32 J DOE DONATION PT RECD O/R BK Page 6 of 6

7 If you have any questions, please contact JEA s Project Outreach Team at (904) or by projectoutreach@jea.com. Biltmore C - Septic Tank Phase Out Project Meter & Capacity Fee Application PROPERTY OWNER NAME: PHONE NUMBER ADDRESS SERVICE ADDRESS: LOT NUMBER ABANDON WELL? Yes No PROPERTY OWNER S ADDRESS (If different than Service Address): CURRENT TENANT/RESIDENT(If different than Property Owner): PHONE NUMBER START SERVICE IN NAME OF: OWNER TENANT A fully executed Temporary Construction Easement must accompany this completed service application. Participation in the Septic Tank Program requires connection to both JEA water and sewer services. ALL CAPACITY FEES DEPICTED BELOW WILL BE PAID IN FULL BY THE CITY OF JACKSONVILLE (COJ) AND JEA. RESIDENTIAL CUSTOMER COMMERCIAL CUSTOMER METER SIZE ¾ 1 ¾ 1 WATER Capacity Fees WATER METER FEE $ $ $ $ WATER CAPACITY FEE $ $ $ $ WATER GROWTH CAPACITY FEE $ $ $ $1, SEWER Capacity Fees SEWER CAPACITY FEE $1, $1, $1, $1, SEWER GROWTH CAPACITY FEE $ $ $ $1, TOTAL CHARGES (PAID FOR BY COJ AND JEA) TOTAL CHARGES $3, $3, $3, $4, This signed application for service indicates agreement by the property owner for JEA to add water and sewer services to the customer s designated account upon completion of the project. The customer assumes responsibility for all water and sewer usage and availability charges. This service can be transferred by the property owner upon application of the future tenant or owner. All residential services with alternative water sources (i.e. wells, irrigation, etc ) will require a backflow device to be installed on the potable water service. Backflow devices will be paid for and installed at NO COST by the COJ/JEA during the septic tank phase out project. Once installed, the property owner will be responsible for all future maintenance, replacement and annual testing of the backflow device. APPLICANT S SIGNATURE (PROPERTY OWNER): JEA ACCOUNT NUMBER: DATE: CURRENT TENANT/RESIDENT SIGNATURE: JEA ACCOUNT NUMBER: DATE:

8 Septic Tank Phase Out Project TCE and Water & Sewer Service Application Checklist Property owner(s) must complete a temporary construction easement (TCE) agreement to grant COJ, JEA and our contractor(s) access to complete work on private property. The property owner and tenant (if applicable) must complete a service application. All connection fees depicted on the service application and associated plumbing cost for the water and sewer connection are paid by COJ and JEA. Both water AND sewer services must be connected (one cannot be connected without the other). Property owners will be provided access to their private wells through the installation of a spigot at the location of the well. Property owners do have the option to have their well capped if/when requested at signing of project documents. Backflow preventer devices will be installed at no cost by COJ and JEA. The property owner will be responsible for the inspection of the device every two years by a private plumber to make sure it is working properly. Once connection has been made, the JEA account holder will be billed on their JEA account for water and sewer service. If the tenant that signs the service application moves out, the property owner will be billed on their JEA account for water and sewer service at the time of connection. If there is no tenant occupying the home at the time of connection, water and sewer will be billed to the property owner s JEA account at the time of connection. If a new tenant occupies the home at the time of connection, the homeowner should instruct the new tenant to call JEA at to have service transferred to their name (a $10 transfer fee will apply). A deposit may be required if the JEA account owner does not meet the criteria to have the deposit waived or if they do not already have a sufficient deposit amount on hand with JEA. If the JEA account holder has a credit rating of 800 or below, the JEA system will automatically review the account to determine if a deposit/deposit increase is required. If a deposit is required, JEA will work with the customer on a payment arrangement* if needed. The property owner must contact JEA Project Outreach at immediately if the property is sold or changes hands so that updated documents can be completed by the new property owner(s). Restoration of the project area will be performed once all construction activities have been completed. *The JEA account holder must pay the agreed upon amount by the due date each month until the payment arrangement ends. By paying late or making a partial payment the payment arrangement will break, service will be interrupted and the full amount will be due immediately for reconnection. Property Owner Printed Name Property Owner Signature Property Address Date JEA Representative Printed Name JEA Representative Signature Date