City Council

MINUTES OF THE CITY COUNCIL REGULAR MEETING CITY OF NEW PORT RICHEY COUNCIL CHAMBERS, FIRST FLOOR, CITY HALL, 5919 MAIN ST., NEW PORT RICHEY, FL 34652 June 16, 2026 6:00 PM ORDER OF BUSINESS 1. Call to Order – Roll Call Those in attendance were Mayor Chopper Davis, Deputy Mayor Brian Jonas, Councilman Matt Murphy, and Councilman Bertell Butler IV. Councilman Peter Altman participated via electronically. Also in Attendance were City Manager Debbie L. Manns, City Attorney Timothy Driscoll, City Clerk Judy Meyers, Finance Director Crystal Dunn, Fire Chief Chris Fitch, Public Works Director Colin Eichenmuller, Deputy Police Chief Lauren Letona, Library Director Andi Figart, Parks & Recreation Director Kevin Trapp, Community and Development Director Dale Hall, Technology Solutions Director Leanne Mahadeo, Economic Development Director Dave Gammon, Assistant City Manager Rob Williamson and Human Resources Director Arnel Wetzel. 2. Pledge of Allegiance 3. Moment of Silence 4. Swearing In of New Firefighter Kody Mounts 5. Swearing In of New Police Officers San Julo King, Mike Fox and Inmer Berrios 6. Proclamations a. Parks and Recreation Month b. Richey Suncoast Theatre 7. Approval of Minutes a. June 2, 2026 Work Session and Regular Meeting Minutes Motion made by Matt Murphy, and seconded by Brian Jonas to approve the minutes as submitted. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV 1 8. Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda City Attorney Driscoll read aloud the rules governing Vox Pop. Mayor Davis then opened the floor for public comment. The following people came forward to speak: Susie Saxe, 6237 Grand Blvd., NPR spoke regarding the RST capital campaign and the grant award from the CRA. George Romagnoli, 6235 Florida Ave., NPR spoke regarding the proposed property tax reform, the upcoming budget season, the Villa del Sol project and CDBG program. Donna Jensen, 5722 Wyoming Ave., NPR spoke regarding the damage that occurred at the old Gulf High School and future uses of the property. Kate Connolly, 5508 Vermont Ave., NPR thanked Council for their preservation efforts with the theatre and her hopes that NPR can reclaim the title of largest city in Pasco especially with the Railroad Square renovations. Marlowe Jones, spoke regarding CRA funding, updating the City Charter, changing the agenda and vital services being cut from the city. With no one else coming forward for public comment, Mayor Davis closed Vox Pop. 9. City Council Response to Vox Pop Speakers Councilman Altman spoke regarding the loss of revenue from the proposed property tax removal and the flooding at Schwettman. Councilman Butler spoke regarding the theatre, the old Gulf High School building, and a staff backed report on impact regarding property taxes. Deputy Mayor Jonas spoke regarding property taxes, the Richey Suncoast Theatre legacy award, and the old Gulf High School property. Councilman Murphy thanked Richey Suncoast Theatre for all of their hard work and progress they have done, property taxes, old Gulf High School flooding, City Charter revision. 10. Consent Agenda Motion made by Brian Jonas, and seconded by Matt Murphy to accept the Consent Agenda. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV a. Purchases/Payments for City Council Approval 11. Public Reading of Ordinances a. First Reading, Ordinance No. 2026-2347: Duke Energy Franchise Agreement Renewal City Attorney Driscoll read the proposed ordinance by title only. City Manager Manns introduced Public Works Director Colin Eichenmuller who then presented the item to Council. He stated the purpose of this agenda item was to conduct a first reading of an ordinance to renew the franchise agreement with Duke Energy. He stated the existing 1996 franchise agreement with Duke Energy expires on July 16, 2026, thus requiring that the City and Duke Energy execute a renewal franchise agreement. He then highlighted the proposed changes including franchise fee, audit rights, and utility rights. City Manager Manns stated the franchise fee is not negotiable as they are set by the commission and the term is for fifteen years with two five-year renewal options. Upon opening the floor to public comment, the following people came forward to speak in opposition of this item: 2  Marley Price, 5034 32nd Ave. N., St. Petersburg Jason Scott, 4636 Redfish Ln. SE, St. Petersburg Brittany Schneider, 8534 Mobley Way, NPR Thomas Gross, 4927 13th Ave. N., St. Petersburg Marlowe Jones Andrew Smith, 7409 Columns Cir. With no one else coming forward Mayor Davis returned the floor to Council. Katie Christian with Duke Energy came forward to speak regarding the relationship with the city and our community. She also spoke regarding the proposed agreement. Motion made by Brian Jonas, and seconded by Matt Murphy to approve the ordinance upon its first reading. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV b. First Reading, Ordinance No. 2026-2350: Amendments to Utility Ordinance City Attorney Driscoll read the proposed ordinance by title only. City Manager Manns stated that for some time now, there has been discussion and consideration in instituting some amendments to the utility ordinance in that regard, Ms. Dunn has been very busy and working, along with a few other staff members, on a redraft of the City's utility ordinance. The purposes, in large part, were to improve the operation of the City's utility by addressing some of the water loss issues that we have, enhancing our collection performance, and also to create some service efficiencies. She stated she wanted Council to be to be mindful of the fact that the one of the recommendations being presented tonight does relate to solid waste collection, and it's based on a direction from them that we incorporate the solid waste bills onto the utility bills. She then introduced Assistant City Manager Rob Williamson who then made a presentation to Council. Mr. Williamson began his presentation by highlighting the city's utility service areas. He then highlighted the current water connections and revenues. He then highlighted current customer accounts. He then spoke regarding uncollected revenue. Mr. Williamson then highlighted the three key changes in the amendment which included owner-only accounts, rates & fees would be set by resolution by Council and security deposit treatment. He then highlighted the recommended timeline for implementation. Upon opening the floor to public comment, no one came forward therefore Mayor Davis returned the floor to Council. Motion made by Brian Jonas, and seconded by Matt Murphy to approve the ordinance upon its first reading. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV c. Second Reading, Ordinance No. 2026-2364: Amendments to Chapter 23, Code of Ordinances RE: Transportation Devices City Attorney Driscoll read the proposed ordinance by title only. City Manager Manns introduced the item to Council. She stated the purpose of this agenda item was to conduct a second and final reading of an ordinance amending Chapter 23 - Limitation of Transportation Devices on Railroad Square and other areas within the city. The main elements of the ordinance revisions are as follows: Transportation Devices are not allowed in the Railroad Square’s Transportation Device Exclusion area at any time. 3  The reckless operation of Transportation Devices is not allowed within the city. Transportation Devices, except for bicycles, are not allowed in any city park at any time. However, this does not apply to areas specifically designated for such devices, like skateboard parks. Article IV of the ordinance does not prohibit the use of specific types of Transportation Devices in any city park if those areas are designated for such devices during special events authorized by the city council or city manager from time to time. Upon opening the floor to public comment, the following people came forward to speak: Deanna Wilson, 5532 Delaware Ave., NPR asked about e-bikes in the park. City Manager Manns stated they would not be allowed. With no one else coming forward Mayor Davis returned the floor to Council. City Attorney Driscoll clarified the items that were changed from first reading. Motion made by Brian Jonas, and seconded by Matt Murphy to approve the ordinance upon its second and final reading. The Motion Passed. 3 - 2 Ayes: Chopper Davis, Brian Jonas, Matt Murphy Nays: Peter Altman, Bertell Butler IV 12. Business Items a. Request to Waive Fees for 2025 Cotee River Bikefest City Manager Manns introduced the item to Council. She stated that the purpose of this agenda item was to consider a request submitted by Tina Farrell, President of Farrell Cares, Inc. to waive the special event fees associated with the 2025 Cotee River Bikefest in the amount of $10,285.76. She stated at the Council meeting on March 3rd Council waived fees associated with the 2025 Chasco Fiesta which prompted this issue being raised by Ms. Farrell. Upon opening the floor to public comment, no one came forward therefore Mayor Davis returned the floor to Council. Motion made by Bertell Butler IV, and seconded by Brian Jonas to provide an additional in-kind support to Farrell Cares in the amount of $10,285.76. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV b. Request to Enter into an Infrastructure Agreement with NPR Grand 1, LLC RE: Villa del Sol Project City Manager Manns introduced the item to Council. She stated that the purpose of this agenda item was to authorize the City Manager to enter into an Infrastructure Agreement with NPR Grand 1, LLC in relationship to the Villa del Sol project. She stated Infrastructure Agreement deals with one element of an economic development incentive package that has been developed for your consideration, and this is on the City Council agenda, because we are actually requesting your permission to allow staff to install an eight-inch water line to support the transmission of reclaimed water from Cecilia Avenue to a portion of the George Street, where it will be connected to the property. She stated by way of this agreement, if Council approves to do the work, there is a companion item on the CRA agenda whereby we will be asking you to approve the expenditure of funds, which is estimated to be $98,500. The installation of the reclaimed water line shall occur either within twelve months of the effective date of the agreement or within 90 days of the issuance of a building permit, whichever is later. Upon opening the floor to public comment, the following people came forward to speak: 4  Donna Jensen, 5922 Wyoming Ave., NPR came forward to ask how much it will cost the city and tax payers for this line. She also asked who else will benefit from it. City Manager Manns stated the costs associated are part of the CRA agenda item. This is just to commit city resources to build the line. She stated it will service the property exclusively at this point but there is additional capacity in the line which could service additional areas in the future. Sue Grassin, Grand Blvd., NPR spoke about having the option for residents who have lived here for a long time. With no one else coming forward Mayor Davis returned the floor to Council. Motion made by Peter Altman, and seconded by Matt Murphy to authorize the City Manager to utilize city resources to install the water line as requested. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV c. ITB26-019 Plunge Pool and Dive Pool Resurfacing Bid Rejection City Manager Manns introduced the item to Council. She stated that the purpose of this agenda item was for City Council to reject the sole bid received from AuMiller Pools LLC in the amount of $192,383 for ITB26-019 Plunge Pool and Dive Pool Resurfacing and to authorize staff to re-bid the project. Upon opening the floor to public comment, no one came forward therefore Mayor Davis returned the floor to Council. Motion made by Bertell Butler IV, and seconded by Matt Murphy to approve to reject the bid as requested. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV d. ITB23-007 Fire Station No. 2 Relocation Project Close-Out City Manager Manns introduced Public Works Director Colin Eichenmuller who then presented the item to Council. He stated that the purpose of this agenda item was to approve the deductive change order in the amount of $706,017.08 and the final pay request in the amount not to exceed $203,880.96 submitted by E& L Construction Group Inc. for the project close-out of the ITB23- 007 Fire Station No. 2 Relocation Project. Upon opening the floor to public comment, no one came forward therefore Mayor Davis returned the floor to Council. Motion made by Brian Jonas, and seconded by Matt Murphy to approve the item as presented. The Motion Passed. 5 - 0 Ayes: Chopper Davis, Brian Jonas, Matt Murphy, Peter Altman, Bertell Butler IV e. Update on Discussion Regarding Pasco County's Proposed Municipal Service Taxing Unit for Parks, Recreation, and Natural Resources City Manager Manns introduced the item to Council. She stated this was an agenda item at your meeting on June 2nd, and at that time she asked Council to table the agenda item. What Pasco County specifically would like to do is to establish a Municipal Service Taxing Unit, which is a special taxing jurisdiction that is allowed under Florida Statutes for a county to fund and provide specific municipal services. The funding collected under a Municipal Service Taxing Unit can be used to support operations, maintenance and capital improvement items, and the parks and rec department. She stated that the County is funded through their general operating millage. She stated that what the proposal is from the County is that they would reduce their general operating millage by the same amount that they would want to assess in their Municipal Service Taxing 5  Unit, which would result in no tax increase in for any of our tax payers in terms of what is devoted for parks and rec services to the County. She stated the County is advancing two different scenarios and several different millage rates, which could be effectuated in the city based on the County's action and final determination as to how they want to go forward and how many cities within the county choose to participate. City Manager Manns stated with the Municipal Service Taxing Unit, the difference between the first grouping and the second grouping is that the second grouping includes some capital money, which is not included in the first group. She stated as you can see, our millage rate is 8.2000 and under the scenario where they just apply for funding for operations and maintenance, it could amend our millage rate from 8.2000 to 8.6686 through somewhere up to 8.7048. She stated under the scenario where they include some capital improvement items, the millage rate range is 8.7558 through 8.7988. She stated she wishes she could tell Council at this point a specific amount, but that has not been indicated by the County Commission yet. Councilman Altman stated that based on our effort to try to have the County acknowledge the benefit to our City, the benefit to those folks who live outside the city limits of our, in particular, aquatic and recreation facility, we have made some solid determination that over 60% of the people who use the facility live outside the city limits. He stated that it is important to say is that the County has made a determination that they want to call this a Municipal Service Taxing Unit so it plays directly into our strategy that by the County saying it is a municipal service taxing area, that they are acknowledging that this is a second level of service that is of a municipal level, which goes straight to the statutes that says if there are services that can best be provided by the community, the entity that is closest that that the statutes direct, that that should be part of the negotiation. He stated that the bottom line is when you hear that our millage rate will go up, it is not our millage rate, but our allocated millage rate. He stated the proposed County ordinance does provide an opt out provision. He stated if we opt not to do it, then what we are saying to the County is you are on your own. We are not going to pay for any of the county parks or the county recreation facilities, because we are serving a municipal purpose in our own city. Councilman Butler asked about the fire rescue payment and City Manager Manns stated there has not been any update by the County. She stated she has asked the County for financial data to support the request. Councilmen Butler and Altman then held a brief discussion regarding the City's options. 13. Communications Councilman Altman spoke regarding his experience at the finance conference especially regarding AI. Deputy Mayor Jonas congratulated the newly sworn in firefighter and police officers. He applauded Richey Suncoast Theatre for their accomplishments. He stated that NPRMS will represent the City at the Florida Governor's Conference on Tourism in West Palm. City Manager Manns spoke regarding the in-kind matter for special events and the variables we take into consideration during the review process. She stated improvements will be implemented for the next round in the upcoming fiscal year. She reminded everyone of the Boots on the Ground event at the RST this Friday. She also spoke about the Hometown Extravaganza weekend events. She also spoke regarding the commemorative coins for sale for America 250. 14. Adjournment There being no further business to consider, upon proper motion, the meeting adjourned at 8:42p.m. 6 (signed) _________________________________ Judy Meyers, MMC City Clerk 7  REVISED ITEM: 12B – Regular CC Agenda Prepared by and after recording 4A – CRA Agenda Return to: Tyler J. Hudson, Esq. Gardner Brewer Hudson, P.A. 400 N. Ashley Drive, Suite 1100, Tampa, Florida 33602 CITY OF NEW PORT RICHEY, FLORIDA INFRASTRUCTURE AGREEMENT THIS INFRASTRUCTURE AGREEMENT (this “Infrastructure Agreement”) is entered into as of this ____ day of _____________ 2026 (the “Effective Date”), by and between the CITY OF NEW PORT RICHEY, FLORIDA, a Florida municipal corporation (the “City”), and NPR GRAND 1, LLC, a Florida limited liability company (the “Developer”). WITNESSETH WHEREAS, the Community Redevelopment Agency of the City of New Port Richey, Florida (the “Agency”) and Developer, as Recipient, have entered into that certain City of New Port Richey, Florida Community Redevelopment Agency Commercial Real Estate Redevelopment Grant Agreement for Villa del Sol dated as of ______________, 2026 (the “Grant Agreement”), which Grant Agreement is incorporated herein by this reference as if fully set forth herein; WHEREAS, Developer intends to design, plan, permit, construct, and otherwise cause the development of the Project (as defined in the Grant Agreement) on the Property located at 5637 Marine Parkway, New Port Richey, Pasco County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, City and Developer desire to enter into this Infrastructure Agreement to set forth certain limited obligations of City with respect to public infrastructure and related matters in connection with the Project; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows. (1) RECITALS; INCORPORATION; DEFINED TERMS. The recitals stated above are true, accurate and correct and are incorporated herein by this reference. Capitalized terms used but not defined in this Development Agreement shall have the meanings set forth in the Grant Agreement. (2) TERM. This Infrastructure Agreement shall be effective upon execution by both parties and shall continue for the same term as the Grant Agreement (including any 1 extensions in accordance with the Grant Agreement), unless earlier terminated in accordance with this Infrastructure Agreement or applicable law. (3) RECLAIMED WATER EXTENSION. City shall, at City’s sole cost and expense, install and complete the extension of a reclaimed water line to the Property sufficient for supplying the reclaimed water needs of the completed project, as more particularly described on Exhibit B attached hereto and incorporated herein by reference (the "Reclaimed Water Extension"), within twelve (12) months of the Effective Date or within 90 days of the date the first building permit is issued to Developer for the Project, whichever is later. (4) AMENDMENTS; ADMINISTRATIVE CHANGES. This Infrastructure Agreement may be amended only by a written instrument executed by City and Developer. Any other attempt at amending, modifying or revising this Infrastructure Agreement shall be null and void and of no force or effect. (5) ASSIGNMENT. Notwithstanding anything to the contrary contained in this Infrastructure Agreement, Developer shall have the right, with the prior consent of the City Manager, to assign all or any portion of Developer's rights and obligations under this Infrastructure Agreement to one or more successors or assigns that acquire all or any portion of Developer’s ownership interest in, or development rights with respect to, the Property. Any such assignment shall be effected pursuant to a written assignment and assumption agreement. Upon the effective date of any such assignment and assumption, City shall thereafter be obligated to perform its obligations under this Infrastructure Agreement for the benefit of the applicable assignee(s), and Developer shall be released from all liability under this Infrastructure Agreement only with respect to the obligations so expressly assigned and assumed. For purposes of this Section, and consistent with the assignment provisions of the Grant Agreement, (i) Developer may, with the prior consent of the City Manager, assign all or any portion of its rights and obligations under this Infrastructure Agreement to (a) any apartment developer or townhome developer (or an affiliate of such developer) that is acquiring or has acquired all or a portion of the Property or development rights with respect thereto, and/or (b) any Lender or its designee in connection with the exercise of remedies under any loan documents secured by such rights or the Property; provided that any such assignee under clause (a) shall be a person or entity with demonstrated experience in the development of multifamily residential projects of comparable scope and complexity to the Project and establish the financial ability to complete the Project; and (ii) any assignment to any person or entity shall require the prior written consent of the city manager of the City, which consent shall not be unreasonably withheld, conditioned, or delayed so long as the assignee meets the qualifications herein. Within a reasonable time, upon written request from any assignee or its lender, City shall confirm in writing its recognition of the assigned rights and, if requested, enter into a separate written agreement with such assignee (and its lender, if applicable) on substantially the same terms as set forth herein. (6) COLLATERALIZATION OF RIGHTS. Developer may collaterally assign and pledge its right, title, and interest in Developer's rights under this Infrastructure Agreement, 2 as security for loans made in connection with the financing, refinancing, or recapitalization of the Project or any portion thereof, in favor of one or more bona fide institutional or commercial lenders (each, a "Lender"). City shall continue to perform its obligations under this Infrastructure Agreement for the benefit of Developer unless and until City receives written notice from a Lender that such Lender has exercised its remedies and succeeded to Developer's rights under this Infrastructure Agreement (whether through foreclosure, deed- in-lieu, assignment in lieu of foreclosure, or similar realization on collateral), together with a written assumption by such Lender (or its designee) of Developer's obligations under this Infrastructure Agreement relating to the assigned rights. Upon receipt of such notices, City shall perform its applicable obligations under this Infrastructure Agreement for the benefit of such Lender (or its designee), and Developer shall remain liable to City only for obligations arising prior to the effective date of such assumption. (7) RUNNING WITH THE LAND. This Infrastructure Agreement shall be binding upon and inure to the benefit of City and Developer and their respective successors and permitted assigns and shall run with the land constituting the Property for the duration of this Infrastructure Agreement upon recording as provided herein. (8) RECORDS MANAGEMENT. To the extent City is required by applicable law to maintain records relating to this Infrastructure Agreement, City shall do so in accordance with applicable public records and records retention requirements. Developer’s records obligations, if any, related to Program Funds are governed by the Grant Agreement. (9) PUBLIC RECORDS. To the extent applicable, City is subject to Chapter 119, Florida Statutes. If Developer is acting on behalf of City as a contractor solely for purposes of this Infrastructure Agreement, the parties shall comply with Section 119.0701, Florida Statutes, as applicable; provided, however, Developer’s public records obligations related to Program Funds, if any, are governed by the Grant Agreement. (10) DEFAULT; NOTICE AND CURE. A party shall be in default under this Infrastructure Agreement only upon (a) written notice from the non-defaulting party describing the default in reasonable detail and (b) failure to cure within thirty (30) days after receipt of such notice; provided, however, that if such default is not reasonably capable of being cured within such thirty (30)-day period, no default shall be deemed to have occurred so long as the defaulting party commences cure within such period and diligently pursues cure to completion within a reasonable time. In the event of a default, the non-defaulting party may pursue such remedies as are available at law or in equity, including specific performance; provided, however, all remedies are subject to applicable governmental immunities and limitations under Florida law. (11) LEGAL AUTHORIZATION. Each party represents that it possesses the legal authority to execute and deliver this Infrastructure Agreement and to perform its obligations hereunder, and that the undersigned executing this Infrastructure Agreement on behalf of such party is duly authorized to do so. 3  (12) REPRESENTATIONS. Each party represents and warrants to the other that this Infrastructure Agreement constitutes a legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms, subject to applicable bankruptcy, insolvency, and other laws affecting creditors’ rights and, as to City, sovereign immunity and other limitations under Florida law. (13) ESTOPPEL CERTIFICATES. From time to time, Developer may request that City deliver a written estoppel certificate, for the benefit of Developer and Developer’s lenders or counterparties, confirming the then-current status of City's performance of its obligations under this Infrastructure Agreement, including whether any such obligations remain outstanding or have not yet been satisfied, and identifying any known uncured City or Developer defaults. City shall deliver such estoppel certificate within fifteen (15) days after written request by Developer, in such form as Developer may reasonably request. (14) LIABILITY; SOVEREIGN IMMUNITY; LIMITED PURPOSE. Each party shall be responsible for its own negligent acts or omissions and those of its officers, employees, agents, contractors, and consultants, to the extent permitted by law. Nothing herein shall be construed as a waiver of City’s sovereign immunity or limits of liability under Section 768.28, Florida Statutes. Notwithstanding the title or any other provision of this Infrastructure Agreement, this Infrastructure Agreement is not, and shall not be construed as, a development agreement subject to Sections 163.3220 through 163.3243, Florida Statutes (the Florida Local Government Development Agreement Act). (15) INDEMNIFICATION. Developer shall indemnify and hold City and its employees, agents, officers and directors harmless from and against any and all claims, demands, causes of action or lawsuits of any kind or character arising directly or indirectly from the operation or performance of this Agreement. Said indemnification includes, but is not limited to, claims, demands, causes of actions, lawsuits for damages or injuries to goods, wares, merchandise and property, and/or for any bodily or personal injury or loss of life in, upon or about the Property and the area immediately surrounding the Property that Developer uses in connection with the performance of this Agreement. Developer shall investigate, handle, provide defense for, and pay for and defend against any such claims, demands, causes of action or lawsuits at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand, cause of action or lawsuit is groundless, baseless, false or fraudulent. Notwithstanding the foregoing, Developer’s indemnification obligations under this Section shall not extend to any claims, demands, causes of action, or lawsuits to the extent arising from or caused by the fraud, gross negligence, willful misconduct, or intentional misrepresentation of City or its employees, agents, officers, or directors. (16) RIGHTS CUMULATIVE. All rights, powers and privileges conferred hereunder upon the parties hereto shall be cumulative to those given by law. (17) NOTICES. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered or given when (a) actually received or (b) signed for or "refused" as indicated on the postal service return receipt. Delivery may be by personal delivery, courier service, overnight courier, certified or registered mail, return 4 receipt requested, addressed to the parties hereto at the respective addresses set out opposite their names below, or at such other addresses as they may hereafter specify by written notice delivered in accordance herewith: City: CITY OF NEW PORT RICHEY ATTN: CITY MANAGER 5919 Main Street New Port Richey, FL 34652 Developer: NPR GRAND 1, LLC Attn: Grady Pridgen III 240 4th Street North St Petersburg, FL 33701 (18) TIME. Time is of the essence of this Agreement and of each provision hereof. (19) ATTORNEYS’ FEES. City and Developer acknowledge and agree that should either party be required to employ an attorney or attorneys to enforce any of the provisions hereof or to protect its interest under this Infrastructure Agreement, or to recover damages for the breach of this Infrastructure Agreement, the non-prevailing party in any action (the finality of which is not legally contested) agrees to pay to the prevailing party all reasonable expenses of litigation and attorneys’ fees, expended or incurred in connection therewith including appellate fees and court costs, if any. (20) PARAGRAPH HEADINGS. Paragraph headings utilized in this Infrastructure Agreement are for convenience only and shall not be deemed to limit or control the contents of any paragraph of this Infrastructure Agreement. (21) GOVERNING LAW AND VENUE. This Infrastructure Agreement shall be construed according to the laws of the State of Florida. The designated venue for any action or lawsuit pertaining to this Infrastructure Agreement shall be in Pasco County, Florida. (22) SEVERABILITY. If any clause or provision of this Infrastructure Agreement is found to be illegal, invalid, or unenforceable under present or future laws effective during the effectiveness of this Infrastructure Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Infrastructure Agreement shall not be affected thereby. (23) EFFECTIVE DATE. This Infrastructure Agreement shall become binding upon the parties only after having been signed by the appropriate officer for Developer and the appropriate officer(s) for City. 5  (24) ENTIRE AGREEMENT. This Infrastructure Agreement, together with the Grant Agreement incorporated herein by reference, constitutes the sole and entire understanding between the parties hereto and supersedes all prior representations, agreements and understandings between the parties related to the subject matter hereof, which are merged herein. In the event of any conflict or inconsistency between the terms of this Infrastructure Agreement and the terms of the Grant Agreement, (a) as to Developer's obligations (including Developer's obligations as Recipient under the Grant Agreement), the Grant Agreement shall control, and (b) as to City's obligations, this Infrastructure Agreement shall control. (25) ADVICE OF COUNSEL. Each party acknowledges that it has sought and received, if it so desired, the advice of counsel in connection with the meaning and import of each provision of this Infrastructure Agreement and enters into this Infrastructure Agreement with full understanding hereof. (26) WAIVER OF RIGHT TO TRIAL BY JURY. The parties recognize that this Infrastructure Agreement is a relatively complex business document, that the Infrastructure Agreement is relatively lengthy and technical in nature and may be susceptible to misinterpretation if isolated provisions are the subject of review, and that in the event of any dispute as to the rights and obligations of the parties under this Infrastructure Agreement, a judge, rather than a jury, would be the most efficient and best qualified trier of fact. Accordingly, the parties hereby desire, acknowledge and agree to waive their respective rights to a jury trial with respect to any litigation or other legal proceeding based on this Infrastructure Agreement. (27) RECORDING – COVENANT RUNNING WITH LAND. This Infrastructure Agreement (or a memorandum thereof) shall be recorded in the public records of Pasco County, Florida and shall constitute a covenant running with the land against the Property for the duration hereof. (28) JOINT PREPARATION. The preparation of this Infrastructure Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial (29) COUNTERPARTS. This Infrastructure Agreement may be executed in any number of counterparts, any one of which may be taken as an original. [SIGNATURE PAGE FOLLOWS] 6  IN WITNESS WHEREOF, the parties hereto have caused this Infrastructure Agreement to be executed by their undersigned officials as duly authorized. DEVELOPER: WITNESSES: NPR GRAND 1, LLC By: ________________________ ___________________________ Grady C Pridgen, III, as Manager ___________________________ Name (printed or typed) _______________________ _____________________________ Address of Witness ___________________________ ____________________________ Name (printed or typed) ____________________________ Address of Witness STATE OF ____________ ) COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of __________ 2026, by Mr. Grady C Pridgen, III on behalf of NPR GRAND 1, LLC ( ) who is personally known to me or ( ) who produced a driver’s license as identification. Notary Public-State of Florida My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE 7 CITY: Attest/Witness: CITY OF NEW PORT RICHEY, FLORIDA By: Judy Meyers, City Clerk Debbie L. Manns, as City Manager Witness: Approved as to Legal form and Substance: ______________________________ Name, Printed Timothy P. Driscoll, City Attorney Witness Addresses: 5919 Main Street New Port Richey, Florida 34652 STATE OF FLORIDA ) COUNTY OF PASCO ) The foregoing instrument was acknowledged before me this _____ day of __________ 2026, by Debbie L. Manns, on behalf of CITY OF NEW PORT RICHEY, FLORIDA ( ) who is personally known to me or ( ) who produced a driver’s license as identification. Notary Public-State of Florida My Commission Expires: 8  EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [ATTACHED] 9  EXHIBIT B RECLAIMED WATER EXTENSION [ATTACHED]