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HomeMy WebLinkAbout07.e.02 DA GC23.24-1 - The Rookery Phase 1 I Return to: Clay County Utility Authority GC23�24-1 3176 Old Jennings Road Middleburg, Florida 32068-3907 THE ROOKERY SUBDIVISION PHASE 1-231 LOTS Parcel Nos. 38-06-26-016515-008-00 (Green Cove Springs System) Clay County Name of Project DEVELOPER AGREEMENT THIS AGREEMENT GRANTS TO THE"UTILITY"(AS HEREINAFTER DEFINED) AN ENFORCEABLE LIEN ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A" HEREIN (THE"PROPERTY")FOR CERTAIN DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE. THIS DEVELOPER AGREEMENT ("Abreement") made and entered into this �Hhda of OCQer 2023, by and between ADJ ROOKERY, 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; and central reclaimed water service for the Property; WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and reclaimed water service from the Utility; and WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of potable water 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-or-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. RECEIVED OCT 0 3 2023 -2- (c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day(GPD) which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For this purpose the average daily flow of one potable water ERC is(450)GPD,one wastewater ERC is(311)GPD,and one reclaimed water ERC is (275) GPD. (d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with the pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the consumer's side of the meter and for wastewater service at the lot or Property line. Utility shall, according to the terms and conditions hereof,own all pipes and appurtenances to the point of deliveryunless otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong t others. g (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 exclu sive rights of service contained in this Agreement. Upon request,Developer agrees to deliver to Utilityevidenceof g such ownership including any outstanding mortgages, taxes, liens and covenants. 4. Connection Charges-In addition to the contribution of any wastewater collection systems,potable water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this Agreement in order to reserve capacity in the System: (a) Water Capacity Charge: ($360.00 x 231 ERCs) $ 83,160.00 * Alternative Water Supply Surcharge: ($376.71 x 231 ERCs) $ 87,020.01 * SJWMD Black Creek Water Resource Charge: ($108.77 x 231 ERCs) $ 25,125.87 * Wastewater Capacity Charge: ($3,200.00 x 231 ERCs) $ 739,200.00 * Reclaimed Water Capacity Charge: ($300.00 x 231 ERCs) $ 69,300.00 * Total Capacity Charges to be Deferred $ 1,003,805.88 (b) Debt Service Charge: ($149.00 x 231 ERCs) $ 34,419.00 (c) Main Extension Charge—Water $ N/A Main Extension Charge—Wastewater $ N/A Main Extension Charge—Reclaimed Water $ N/A (d) Meter Installation Charge $ N/A ** Effluent Reclaimed Meter Installation $ N/A ** (e) Plan Review Fee $ 1,771.00 (f) Inspection Fee $ 8,192.44 (g) Recording Fee $ 159.25 Subtotal $ 1,048,347.57 Less Total Capacity Charges to be Deferred $ 1,003,805.88 ,i Total due at execution of Developer Agreement $ 44,541.69_. 1 - Includes 231 ERCs,based on 231 single family lots,which are deferred and to be paid at time of application for service via meter install,in accordance with the then-current Rate Resolution most recently adopted by the Board of Supervisors of the Clay CountyUtility. ** - The potable water meters and reclaimed water meters will be paid by each builder or customer upon application for building water for each lot. This Agreement does not include a provision for any other separate landscape irrigation meters for the Property, park areas or amenity centers. Note: Items (e) and(f) are estimates and are subject to adjustment based on actual costs incurred. -3- Method of Pay naen' 'Security Interest - Utility agrees to defer payment and collection of certain capacity charges as set forth above on an individual per lot basis,until such time as water service is applied for as to such lot within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public records of Clay County, Florida. The lien hereby created will be released by Utility on a lot-by-lot basis upon payment to Utility of the capacity charges assigned to the lot(s)to be released. The party requesting the release shall be responsible for recording the release in the public records. The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994 (the "Act"), which is recorded in OR BK 1524, PG 1798-1836, public records of Clay County, Florida. Specific reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part that the priority of such lien"... shall be superior and paramount to the interest on such parcel or Property of any owner, lessee, tenant,mortgagee,or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes." Utility shall not be obligated to provide the services herein for any particular lot or parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel. Payment of the charges in paragraph 4 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. -4- The On-Site System shall be constructed in compliance with all regulatory requirements and the specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved Developer's contractor and the plans and specifications for construction of the potable water,reclaimed water,and wastewater systems for the project. The proposed electrical transformer layout of the electric utility providing service must be provided to the Utility prior to commencement of construction. Developer shall guarantee Utility against defects in material and workmanship for the portion of the On-Site System to be owned by the Utility or County,if so designated by Utility. Developer shall secure from its contractor a written and fully assignable warranty that the system installed will be and remain free from all defects,latent or otherwise,with respect to workmanship,materials and installation in accordance with Utility-approved plans and specifications,for a period of two(2)years from the date of the system acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility on or before such date. The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,which by its or their express terms protect and indemnify Utility against any loss,damage,costs,claims,debts or demands by reason of defects,latent or otherwise,in the system to be and remain in effect for two(2)years from the date of the system acceptance by Utility. In addition to any other promises, guarantees or warranties to be provided by Developer to the Utility hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs, claims, debts or demands by reason of defects,latent or otherwise,in the system which could not have been reasonably discovered upon normal engineering inspection, to be and remain in effect for a period of two (2)years from the date of the system's acceptance by Utility. Developer agrees to transfer to Utility, if so designated by Utility, title to all water distribution and wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed shall be owned and maintained by it pursuant to the provisions of this Agreement and shall: (a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water distribution,reclaimed water distribution, and wastewater collection systems. (b) Provide copies of invoices and Release of Liens from contractor for installation of the utility systems as well as for any repairs to the Systems which may have been caused by other subcontractors during construction. (c) Assign any and all warranties and/or maintenance bonds as set forth herein. (d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's specifications, and other documents required for operation of the utility system. (e) Convey to Utility, if so designated by Utility,easements and/or rights-of-way covering all areas in which potable water,reclaimed water,and wastewater systems are installed,with adequate legal access to same,by recordable document satisfactory to Utility. (f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility, fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents. (g) Provide a copy of the Project Engineer's final certification of completion to the Florida Department of Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with approved plans. -5- 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 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,as then in effect. The same construction standards,warranty requirements,maintenance bond requirements,transfer of title by Bill of Sale,and indemnification requirements,as provided under paragraph 5 of this Agreement,shall also apply to the Off-Site installations. 7. Afircement to Serve-Upon the completion of construction of the On-Site and Off-Site Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the connection of the wastewater collection facility,potable water distribution facility, and/or reclaimed water facility installed by Developer to the central facilities of Utility in accordance with all rules, regulations and orders of the applicable governmental authorities. Utility agrees that once it provides potable water, reclaimed water, and/or wastewater service to the customers within the Property that it will continuously provide such service, at its cost and expense, but in accordance with the other provisions of this Agreement,the then current Rate Resolution in effect for Utility,and the requirements of the governmental authorities having jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions in service as a result of equipment failure, emergencies or Act of God. The covenants and agreements of Developer contained in Paragraphs 5, 6, and 7, hereof shall survive Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the Property. Should any such covenant or agreement of Developer in fact be outstanding following either or both of such dates, then,notwithstanding any contrary provision contained herein, Utility may,upon thirty(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in service as a result of any action authorized or permitted by this paragraph. 8. Application liar Service-Developer,or any owner of any parcel of the Property,or any occupant of any residence, building or unit located thereon shall not have the right to and shall not connect any consumer installation to the facilities of Utility until formal written application has been made to Utility by the prospective user of service,or either of them,in accordance with the then effective rules and regulations of Utility and approval for such connection has been granted. 9. Easements-Developer hereby grants and gives to Utility,its successors and assigns,but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable water,reclaimed water,and wastewater facilities to serve the Property in,under,upon,over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of a"non-disturbance agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and wastewater collection facilities, save and except installations owned by Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same. The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the potable water, reclaimed water, and wastewater industry with respect to the installation of all its facilities in any of the easement areas. -6- 10. Utility's Exclusive Right to IJlility Fncililies- Developer agrees with Utility that all potable water, reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable water,reclaimed water and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive ownership of Utility, and any person or entity owning any part of the Property or any residence,building or unit constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of them,for any purpose,including the furnishing of potable water,reclaimed water,and wastewater services to other persons or entities located within or beyond the limits of the Property. 11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable water services or sanitary wastewater services to the Property during the period of time Utility provides potable water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to provide potable 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 potable water and wastewater services shall be thOse set forth in the then current Rate Resolution most recently adopted by the Board of Supervisors of Utility as may be amended from time to time. However,notwithstanding any provision in this Agreement, Utility, its successors and assigns, may establish, amend or revise, from time to time in the future,and enforce in a reasonable manner,rates or rate schedules so established. Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time, in the future, and enforce rules and regulations covering potable water and wastewater services to the Property. However,all such rules and regulations so established by Utility shall at all times be reasonable and subject to such regulations as may be provided by law or contract. 13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the Utility. Should any non-domestic wastes,grease or oils,including,but not limited to,floor wax,paint,chlorides,or salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for payment of the cost and expense required in correcting or repairing any resulting damage to the system or Property of third parties. 14. 13i lid in1 Efl ct ofi\ reernent-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. 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 (email), and if to Developer, shall be mailed or delivered to Developer at: Attn: Anand Jobalia ADJ Rookery, LLC 444 Seabreeze Blvd., Suite 805 Daytona Beach, Florida 32118 -l- and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 or at such other address as specified in writing by either party to the other. 16. I:a ws a 1'li on ki-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. (' fists 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 Act 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. Inde nmilicat ion-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. 22. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural, and the masculine,feminine and neuter genders shall each include the others. 23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 24. The submission of this Developer Agreement for examination by Developer does not constitute an offer but becomes effective only upon execution thereof by Utility. 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. -8- 26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable water,reclaimed 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 and administrative and contingent expense. 29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water, wastewater and reclaimed water 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 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 its contractor to contact Utility for an estimate of such charges and clarification of the required as-built drawing procedures. 30. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's potable water, reclaimed water, and wastewater service within Developer's project, to apply to Utility for service after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and accepted by Utility. Upon completion of application for potable water,reclaimed water,and wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any security deposits required, service will be initiated to customers within Developer's Property. 31. Developer shall not place any conservation easements over any of the easement lands that contain Utility's existing or proposed water and/or wastewater facilities for the project covered by this Agreement. 32. Developer shall grant or otherwise secure the easements to Utility covering the potable water, reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for providing the legal description for such easement to Utility. This shall include (1) all easements necessary to accommodate water,wastewater and reclaimed water stubs to adjacent properties,(2)an easement ten(10)feet in width lying parallel and adjacent to all right of way lines within the Developer's Property; and(3)any easements, within storm drainage retention pond areas or along lot lines, that may be necessary to accommodate any storm water harvesting systems that Utility may choose to install within Developer's Property. 33. The landscaping(new or existing)for this project shall not include the planting of any trees within seven and one-half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains. In the alternative, 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. It shall be Developer's responsibility to contractually require builders within the Property to establish a workable procedure to assure Utility that the planting of"street trees" within the project provide at least seven and one-half feet(7 ft. 6 in.) of separation from the center of the trees to Utility's mains and services. -9- Otherwise,root barriers are to be installed where the seven and one-half feet(7 ft. 6 in.)criteria is not met. A service charge,subject to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect and approve the proposed tree locations. 34. The road cross-section,utility placement.and sidewalk placement used within the subdivision streets 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. 35. It shall be Developer's responsibility,where the engineering plans are reviewed and approved for an entire project(The Rookery,Phase 1), but Developer constructs the project in phases,to valve each water stub in such a fashion that connection and extension of service to subsequent phases does not disrupt service to prior phases and such additional valving shall be approved by Utility prior to installation. Each such phase shall be bacteriologically cleared and final certified by the design engineer as complete, including as-built drawings,final close out documents, and final acceptance by Utility, prior to water and wastewater service being initialized. 36. Utility shall have access to all of the water meters during normal business hours, for meter reading purposes. 37. Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water meters and potable water meters, and the construction of the water and reclaimed services from the proposed connection point to the meter locations shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. All facilities downstream of the downstream side of the reclaimed water meters and potable water meters shall be owned and maintained by Developer. All of the water and reclaimed water installations shall be in accordance with the plans prepared by Dunn&Associates,Inc.,Job Number 2008-499,as described in Exhibit"C", or as modified in a manner acceptable to Utility. 38. All wastewater mains 8-inches and larger in size terminating by a manhole,and all wastewater mains 8-inches and larger in size that are stubbed for future extensions, as shown on the plans prepared by Dunn & Associates,Inc.,Job Number 2008-499,as described in Exhibit"C",shall be owned and maintained by Utility.This includes all wastewater laterals from the 8-inch wastewater mains to Developer's Property line/right-of-way line for each lot. All wastewater installations upstream of Developer's point of connection shall be owned and maintained by Developer,and all installations downstream of this point of connection shall be owned and maintained by Utility. The wastewater pumping station and all ancillary items related to the wastewater pump station shall also be owned and maintained by Utility. All such facilities 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. 39. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy (i.e., "Reuse Policy"), excerpts from its current form, is attached hereto as Exhibit "B", and shall require that those systems be operated and maintained in accordance with the rules and regulations of Utility, as well as all governmental agencies having jurisdiction over such reclaimed water systems,and all lots or parcels lying within the Property are hereby so restricted. 40. All irrigation contractors employed by Developer to install reclaimed water irrigation systems within the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-Connection Control Policy. Once registered,such irrigation contractor shall comply completely with Utility's Cross-Connection Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted for irrigation contractors that are not registered with Utility. t•i'IU 4ic.I:NNdt I 11,4•A 4tIghl 196 x•I't I1u+c1Ws:Aptuam mU11k I I Gill!I,4:1:itYI'i tAs7'.i 1)10,1 ROI ilee: -10- 41. All elements of the Florida Department of Environmental Protection rules and regulations regarding the use of reclaimed water within the project will be adhered to at all times,and the Homeowners'Association will continue to be responsible after Developer is no longer in charge of the Rookery Subdivision. This specifically pertains to the Public Notice(posting of signs)provisions of the Florida Department of Environmental Protection rules and regulations,as well as all specific requirements pertaining to the use of reclaimed water in public areas and on roadways. 42. No wells shall be permitted within or uponProperty for anY the P ert purpose. 43. This project, The Rookery Subdivision, Phase 1, formally known as Ayrshire Subdivision, is located within the UtiIity`s service territory: however, it will be temporarily served by the City of Green'Cove Springs ('.City") per the terms Intl conditions.set forth in the Second Addendum to the Interit:mil Agreement between the City and the Utility dated 05104/2021, attached hereto as'I xhibit "D". The Interlocal Agreement designates the terms by which the City agreed,to make temporary water and wastewater treatment plant capacity available to the Rookery Subdivision, Phase l.,Service availability to the Developer's project is subject to the City's ability to serve and its obligations under this Irnter/veal rlyreennent/. • In addition,a portion of the off-site extensions will be temporarily located within the City's service area and shall be subject to the City's and Utility's inspections, specifications, and final acceptance. For any portion of the water and wastewater systems installation located within the City's service area,the Developer shall comply with the • City's abandonment requirements and the Utility's close-out requirements (detailed in paragraph 5 above) for the project. • Further,the plans for all installations within the City's water and wastewater service area shall be approved and accepted by Utility. All permits shall be in place before the Developer commences that portion of the construction work. Developer shall secure all usual and customary permits in compliance with the Utility's,City's and State regulations and operating procedures for that portion of the project within the City's service area. Developer shall adhere to the Utility's regulations and operating procedures for that off-site portion of the project. 44. The Utility shall provide water and wastewater service to the Property through its Interlocal Agreement with the City. In addition, the City shall provide water and wastewater plant capacity for the project, subject to the Utility's payment of the appropriate charges to the City. Utility agrees to adhere to its responsibility under the Interlocal Agreement,attached hereto as Exhibit"D"and Utility shall intercede with the City on behalf of Developer for any service-related matters beyond the control of Utility. 45. The Developer's State of Florida Licensed Underground Utility contractor will be required to abandon the infrastructure installed to the City's connection point and make the permanent point of connection to the Utility's infrastructure in accordance with the plans prepared by Dunn & Associates, Inc., Job 2008-499, as described in Exhibit"C"or as modified in a manner acceptable to the Utility.Utility anticipates having the capacity to permanently serve this project with water and wastewater within 24 months from the date hereof. Utility will provide written notification to the Developer to allow their contractor to begin the necessary work to make the final connection to Utility's infrastructure, within 90 days or an agreed-upon date acceptable to the Utility. 46. This Agreement does not include any other developments or future phases that are planned for this Property. Water, wastewater and/or reclaimed water service to any future/proposed Amenity Center, swimming pool,and/or recreation areas are also not a part of this Agreement.A separate agreement will be entered into when these developments are initiated. 47. Future phases of this subdivision will be contingent upon Developer securing the necessary easements. 48. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of Agreement),prior to October 1,2023,and the construction of the utilities for this total project shall be commenced by October 1, 2023, 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, 2023; and this Agreement is subject to any material cost increases which Utility may experience after October 1, 2023. fU'I;(I,ii';I-)},prll111._,t1,f3.1'19,1,0771)1r:ljtYtt%i,,u1O,rnitut-1'l1na.Ill!7,;1vb1.4Ay1.4T11,,looll RI III;10 1ll};I'V-11y 1,1n1`1111(41'1 %IIl,lm -11- IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement, with the named Exhibits attached,to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: DEVELOPER: ADJ ROOKERY,LLC, a Florida limited liability company, By: AJ-DJ STOKES, LLC, a Florida limited liability company, its Manager By: (Seal) Print Name: , id/1F // v3 Anand Jobalia, Manager e,/aat/ mcAut Print Name: Co(ilk t1 i'1c.Qr,•dc_ STATE OF 66 d COUNTY OF VOW S The foregoi;w instrument was acknowledged before me by means of © physical presence or 0 online notarization this 4 say of � .2023,by ANAND JOBALIA,MANAGER of AJ-DJ STOKES, LLC,a Florida invited liability co pang,as I J ROOKERY,LLC,a Florida limited liability company, on behalf of the company, who '• personally kno ' to me or has .roduced as identification. P ame: C G� • aryPub ' V State of Oa SL' at Large • , ►Y° .,, FELICIAFONSECA My Commission Expires: " a+: Y COMMISSION#HH 323627 =',��`-Q°`.' EXPIRES:October 30,2020 :_vim 0'7 ksrxKv(.li+r urtr•1,f,4r14('f:errfogcr P.Prc.I.sbAOft I I Ii4RtIUKi:P YPIrAsni 1)R FS t,pl.hi -12- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY, an Independent Special D. trict of the State of Florida Witness. 'l Y � By: "C'` • Print Nam : Zsga . 5(Iti (jenD. hnsto z, P.E., M.B.A. ecutiye Brre or (Corporate Seal) Witness:._ Print Name: $ur mer'P. Berndt STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this y+h day of Orr , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,an Independent Special District of the State of Florida, who is personally known to me or who has produced as identification. (Swim 1P Ifid)---' yp li State Florida Pi Na me: ame: • Summer Pubc P E Bemdto Summer-P.Berndt My Commission GG 950878• Notary Public '4j Expires 01/26I2024 State of Florida at Large My Commission Expires: 01/ (. /aqI xmltl)JECI`Mob i=iiral(.'un.•nith12ld197 ilw1<t•ilzn•h1E181nlook f(:174t0ni+:rAF+,.rrmNtAt rR II II?u317UK1.1?YI'i IA11;1 I NR,AI`I MIl ilia EXHIBIT "A" PAGE 1 OF 3 THE ROOKERY, PHASE I 231 LOTS Parcel No.: 38-06-26-016515-008-00 Clay County A portion of Section 38 of the George I.F. Clarke Grant,Township 6 South,Range 26 East, Clay County,Florida, being a portion of those lands described and recorded in Official Records Book 1545, page 513, of the Public Records of said county, being more particularly described as follows: For a Point of Reference,commence at the intersection of the Northerly right of way line of State Road No.23(First Coast Outer Beltway), a variable width right of way per Florida Department of Transportation Right of Way Map Section 71493,with the Easterly right of way line of County Road No. 15A(South Oakridge Avenue),a 100'right of way per State Road Department Right of Way Map Section 7101-105; thence North 02°07'57"East,along said Easterly right of way line,4742.08 feet to the Point of Beginning. From said Point of Beginning,thence continue North 02°07'57"East,along said Easterly right of way line,2469.78 feet to the Southwesterly corner of those lands described and recorded in Official Records Book 4580,page 2153,of said Public Records; thence Easterly along the boundary line of last said lands the following 9 courses: Course 1, thence South 88°31'42" East, departing said Easterly right of way line, 282.59 feet; Course 2, thence North 21°17'17"East, 161.55 feet;Course 3,thence South 68°42'43"East,287.10 feet;Course 4,thence South 58°52'43" East,32.90 feet;Course 5,thence South 37°48'54"East,22.40 feet;Course 6,thence North 70°53'31"East, 15.20 feet;Course 7,thence North 34°14'49"East,52.23 feet;Course 8,thence South 88°17'22"East,94.17 feet;Course 9,thence North 31°43'31"East,427.82 feet;thence South 58°16'29"East,departing said boundary line,30.00 feet to a point on a non-tangent curve concave Southeasterly having a radius of 175.00 feet;thence Northeasterly along the arc of said curve,through a central angle of 16°53'45",an arc length of 51.61 feet to a point on said curve,said arc being subtended by a chord bearing and distance of North 40°10'24"East,51.42 feet; thence North 41°22'44" West,along a non-tangent line,29.96 feet to a point on a non-tangent curve concave Southerly having a radius of 198.38 feet; thence Easterly along the arc of said curve, through a central angle of 47°45'50", an arc length of 165.38 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 73°41'49" East, 160.63 feet; thence South 05°22'04" West, along a non-tangent line,24.76 feet to a point on a non-tangent curve concave Southwesterly having a radius of 175.00 feet; thence Southeasterly along the arc of said curve, through a central angle of 67°09'24",an arc length of 205.12 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 51°03'13"East, 193.58 feet;thence South 77°07'44"East,along a non- tangent line, 159.64 feet; thence South 07°36'26" East, 27.75 feet to a point on a non-tangent curve concave Westerly having a radius of 329.63 feet; thence Southerly along the arc of said curve, through a central angle of 18°48'59", an arc length of 108.25 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of South 05°32'51"East, 107.77 feet;thence Southwesterly along the arc of a curve concave Northwesterly having a radius of 114.19 feet,through a central angle of 42°20'42",an arc length of 84.40 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 25°02'00"West,82.49 feet; thence Southerly along the arc of a curve concave Easterly having a radius of 100.00 feet,through a central angle of 49°48'01",an arc length of 86.92 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 21°18'21"West,84.21 feet;thence South 03°35'40"East, 137.02 feet to the point of curvature of a curve concave Northeasterly having a radius of 100.00 feet;thence Southeasterly along the arc of said curve,through a central angle of 67°44'41",an arc length of 118.24 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 37°28'01"East, 111.47 feet;thence South 71°20'21"East, 100.70 feet to the point of curvature of a curve concave Southwesterly having a radius of 100.00 feet;thence Southeasterly along the arc of said curve,through a central angle of 33°25'02",an arc length of 58.32 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South “I 11•:',!1 II,noraus2+i2,4+77 lit.tt.wA.xl.l'uit11%ixm-i'ha.I't:I)-Ow Ata,rama,A0211 II:12r 1.XI]21 Pt.h.:l:I 1)1tfl1-I h111.1� EXHIBIT "A" PAGE 2 OF 3 54°37'50" East, 57.50 feet; thence South 37°55'20"East, 92.83 feet to the point of curvature of a curve concave Westerly having a radius of 30.00 feet; thence Southerly along the arc of said curve, through a central angle of 109°39'38", an arc length of 57.42 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of South 16°54'30" West, 49.05 feet; thence Westerly along the arc of a curve concave Northerly having a radius of 565.00 feet, through a central angle of 26°23'26", an arc length of 260.24 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 84°56'02" West, 257.95 feet;thence Westerly along the arc of a curve concave Southerly having a radius of 3150.00 feet,through a central angle of 01°46'O 1",an arc length of 97.15 feet to a point on said curve,said arc being subtended by a chord bearing and distance of North 82°45'16"West,97.14 feet;thence South 06°21'43"West,along a non-tangent line, 120.00 feet to a point on a non-tangent curve concave Southerly having a radius of 3030.00 feet; thence Easterly along the arc of said curve,through a central angle of 00°05'48",an arc length of 5.11 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 83°35'22" East, 5.11 feet; thence South 06°27'32" West, along a non-tangent line, 60.00 feet; thence South 02°10'52" West, 86.73 feet; thence South 87°49'08" East, 76.56 feet; thence South 02°10'52" West, 45.00 feet; thence South 87°49'08" East, 36.97 feet; thence South 02°10'52"West, 100.00 feet to a point on a non-tangent curve concave Southeasterly having a radius of 25.00 feet; thence Southwesterly along the arc of said curve,through a central angle of 90°00'00",an arc length of 39.27 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 47°10'52" West, 35.36 feet; thence South 02°10'52" West, 90.00 feet to the point of curvature of a curve concave Northeasterly having a radius of 25.00 feet; thence Southeasterly along the arc of said curve, through a central angle of 90°00'00",an arc length of 39.27 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 42°49'08"East,35.36 feet;thence South 02°10'52" West,60.00 feet;thence North 87°49'08"West, 1.00 feet to the point of curvature of a curve concave Southeasterly having a radius of 30.00 feet; thence Southwesterly along the arc of said curve,through a central angle of 90°00'00",an arc length of 47.12 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 47°10'52" West,42.43 feet;thence South 02°10'52"West,95.00 feet;thence North 87°49'08"West,60.00 feet;thence South 02°10'52" West, 19.32 feet to the point of curvature of a curve concave Easterly having a radius of 530.00 feet; thence Southerly along the arc of said curve,through a central angle of 01°15'19",an arc length of 11.61 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 01°33'13"West, 11.61 feet; thence North 87°49'08" West, along a non-tangent line, 148.85 feet to a point on a non-tangent curve concave Southwesterly having a radius of 30.00 feet; thence Southeasterly along the arc of said curve, through a central angle of 86°29'30",an arc length of 45.29 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 44°34'23" East, 41.11 feet; thence Southerly along the arc of a curve concave Easterly having a radius of 650.00 feet,through a central angle of 16°22'41",an arc length of 185.80 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 09°30'58"East, 185.17 feet; thence Southwesterly along the arc of a curve concave Northwesterly having a radius of 30.00 feet,through a central angle of 100°37'35",an arc length of 52.69 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 32°36'29" West,46.17 feet; thence South 82°55'17"West,49.39 feet to the point of curvature of a curve concave Southerly having a radius of 450.00 feet;thence Westerly along the arc of said curve, through a central angle of 17°01'13", an arc length of 133.68 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 74°24'40"West, 133.19 feet;thence Westerly along the arc of a curve concave Northerly having a radius of 30.00 feet,through a central angle of 69°35'32",an arc length of 36.44 feet to a point on said curve,said arc being subtended by a chord bearing and distance of North 79°18'10" West. 34.24 feet; thence South 45°29'35"West, along a non-tangent line,290.34 feet to a point on a non-tangent curve concave Westerly having a radius of 30.00 feet;thence Southerly along the arc of said curve,through a central angle of 78°57'15",an arc length of 41.34 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 16°18'54" East, 38.15 feet; thence Southerly along the arc of a curve concave Easterly having a radius of 450.00 feet,through a central angle of 19°41'49",an arc length of 154.70 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 13°18'49" West, 153.94 feet;thence Southwesterly along the arc of a curve concave Northwesterly having a radius of 30.00 feet,through a .S sso IJJiC mi..,N.,too,ttl20,7,7 Itookm•,ut•Jia lams A jat•tmgg,)i,it III)lit u tkl;it l'Itl MU U 1)I4AI 1 Silt eh, EXHIBIT "A" PAGE 3 OF 3 central angle of 68°18'06",an arc length of 35.76 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 37°36'58"West,33.68 feet;thence South 18°13'59"East,along a non-tangent line, 76.77 feet to the point of curvature of a curve concave Northwesterly having a radius of 175.00 feet; thence Southwesterly along the arc of said curve,through a central angle of 93°45'36",an arc length of 286.37 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 28°38'49"West, 255.47 feet;thence South 75°31'36"West,76.77 feet to a point on a non-tangent curve concave Westerly having a radius of 30.00 feet;thence Southerly along the arc of said curve,through a central angle of 58°59'24",an arc length of 30.89 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 15°01'18"West,29.54 feet; thence Southerly along the arc of a curve concave Easterly having a radius of 175.00 feet,through a central angle of 55°04'23",an arc length of 168.21 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 16°58'48"West, 161.81 feet;thence Southwesterly along the arc of a curve concave Northwesterly having a radius of 30.00 feet,through a central angle of 117°16'24",an arc length of 61.40 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 48°04'49"West,51.23 feet;thence Southwesterly along the arc of a curve concave Southeasterly having a radius of 175.00 feet, through a central angle of 102°05'52", an arc length of 311.84 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of South 55°40'05"West,272.19 feet;thence Southwesterly along the arc of a curve concave Northwesterly having a radius of 30.00 feet,through a central angle of 75°39'04", an arc length of 39.61 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 42°26'41"West,36.80 feet;thence South 09°44'30"East,along a non-tangent line, 51.18 feet; thence South 42°13'32"West, 15.22 feet;thence South 84°56'54"West,32.56 feet;thence North 55°45'45"West, 43.43 feet;thence North 51°15'09" West,213.61 feet; thence North 87°52'03" West, 115.00 feet to the Point of Beginning: Containing 74.06 acres, more or less. X(flFC 15Vnn:`i1e,6'urroINp,177 the ft,.,..-rr:"'utnlntr:ar-Nhaw l•dJi),wc;.)n:r.lonz�n.un.9iiW I III tl1HfMMStq IA51:i DIM!t R1!f.tiu EXHIBIT "B" REUSE POLICY PAGE 1 OF 2 Effective i)ate - Thirty (30) days after Board's approval of the policy, for all developments that have not met the filing requirements of the County's Zoning Department,which requires each new development to be reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which is incomplete as of the effective date of this policy,shall not be considered as filed timely for the prior policy to apply. If the developer has not commenced substantial construction on his project, which was filed with DRC prior to the effective date of this policy, within fifteen months after the effective date of the policy, then said development shall come under the provisions of this policy. Applicability - This policy will be applicable to all developments that file for a Development Review Committee review after the effective date of this policy. This shall include: A. Developments occurring under Development of Regional Impact(DRI)agreements which may not be technically required to install residential reuse,but who choose to do so in settlement of minor and/or major modifications to the structure and composition of developments within the DRI.These shall be regulated and charged under this proposed policy and effective date criteria the same as all other developments. B. Exceptions to the applicability of this policy and/or effective date are as follows: 1. Developments occurring under DRI agreements or Florida Quality Development (FQD) agreements, which are not required by said agreement to install residential reuse and who do not volunteer to provide residential reuse piping systems. 2. Developments which, as of the date of enactment of this policy, own and maintain their own reuse pumping plant and purchase bulk service from the CCUA. 3. Developments which have prepaid connection fees prior to January 1, 1998, at a prior approved rate and still have an inventory of prepaid connections, shall be exempt until such prepaid connections are used up. 4. Developments and/or communities that own,operate and maintain their own reuse infrastructure as of January 1, 1998. Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water When it is Available-All developments occurring after the effective date of this policy will be reviewed by the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall include commercial, public facilities,industrial, as well as residential developments. Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will be Required - (I) Financial feasibility of extending a trunk main to an area at that time,or some planned future date, to provide reuse water to the proposed reuse system. This item shall consider the size of the development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining developable property in the area,complexity of existing development of area which trunk mains must pass through, natural geographical barriers(or obstacles), environmental damage, etc. \'I'111111 Y:1 ti14.fi Y'tkn uiitnd el:).0,71ae 14,,,IA11'Iol,h,\inln-pilaw•1\!:Dcwinp,A,4.Yinn,1,.%iN 1111.101M:I;I11YI I.\hVI IrI,'.P I Mll.brt EXHIBIT "B" REUSE POLICY PAGE 2 OF 2 (2) Remaining developable land in the area(new area with very little existing development and much growth potential will be considered more feasible than an already built-out area). (3) Availability of adequate reuse water within a reasonable time to service the reuse system. • (4) CCUA's budgetary restraints. (5) Length of time before a reuse plant or pump station is expected to be built in the area. Surcharge for Developments not -required to Install Reuse Piping Systems - Due to the built-out condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it will not be practical to require all areas to install reuse piping systems. All developments that are not required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse system installations at a rate set forth in the "proposed charges for service availability". Requirement for Installation of an Automatic Sprinkler,System -All developments where reuse piping systems are required shall install or require the installation of an automatic sprinkler irrigation system • acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and timers. Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems in an effort to eliminate any potential cross connection with the potable water system. In this regard, all irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with the CCUA. • Requirement for Payment of Reuse 13ase Facility Charge-All customer classes that have reuse piping systems available shall be required to pay the Base Facility Charge for reuse water whether they use the reuse water or not. Itequireurent for Reuse Meter-All customer classes that have reuse piping systems available shall pay for the installation of a reuse meter at the same time the domestic meter is requested. Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for irrigation purposes. Responsibility for Design and'Installation of Reuse Piping Systems - Where reuse piping systems are required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications and details,shall apply to these reuse piping systems,the same as the potable water distribution systems and wastewater collection systems. ;NV,1f:'71 n,1.1.W4s\ KulaiNNINil•IKw,.:l',e'Ue:Wit/4TAlt1eua,iRAi Hit 11110),710,111TI tA,Il I h1143m; EXHIBIT "C" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: The Rookery, Phase I Engineer: Vincent J. Dunn, P.E. Dunn&Associates, Inc. 8647 Baypine Road, Suite 200 Jacksonville, Florida 32256 Job Number: 2008-499 Date: April 19,2023 Engineer Drawing — -�- Description Latest Engineer Number Approved Plan Date I Cover Sheet 06/06/2023 2 Index-Clay County Notes 06/06/2023 3 - Index-Legend 06/06/2023 4 Index-Project Notes 06/06/2023 5-6 Existing Conditions and Demolition Plan 06/06/2023 -- 7-1 1 Wetland Flag Plans _ _ 06/06/2023 12 Overall Site Plan 06/06/2023 13-18 Geometry Plans 06/06/2023 19 Geometry Plan-Entrance Road and Turn Lanes 06/06/2023 20 Geometry Plait:Amenity Play Area 06/06/2023 _ 21-25 Roadway Improvement Plans 06/06/2023 26-27 S W MF JI -Construction Plans 06/06/2023 28 _ Pre-Development Drainage Plan-Phase 1 06/06/2023 29 I Pre-Development Drainage Plan-Overall 06/06/2023 , 30 Post-Development Drainage Plan-Phase 1 06/06/2023 31 Post-Development Drainage Plan-Overall 06/06/2023 32-38 Master Grading Plan 06/06/2023 39-45 Paving and Drainage Plans 06/06/2023 46 Drainage Structure Tables 06/06/2023 47 Master Water Plan 06/06/2023 48 Master Reuse Plan 06/06/2023 49-54 Water and Reuse Plans 06/06/2023 55 , Master Sewer Plan 06/06/2023 56-61 _ Sanitary Sewer Plan 06/06/2023 62-63 Offsite Utility Plan and Profiles 06/06/2023 _ 64-68 Road and Sewer Profiles 06/06/2023 69-70 Pump Station Plan& Details 06/06/2023 ~� 1 06/06/2023 7 CCUA Technical S ecilications 72-78 CCUA Water& Reuse Details 06/06/2023 79 CCUA Sanitary Sewer Details 06/06/2023 80 — CCUA Utility Placement Details _ - - 06/06/2023 __ 81-86- Pavin and Drainage Details - 06/06/2023 87-88 Stormwater Pollution Prevention Plans 06/06/2023 S'IRIJ.ustf..I.rdC,n'mrcm=.2nzt..n,theK..e.nsma1.,,.m-t'k,' VII:Icitnto ApswnteoPAORIIflfRquglif4YIUA,II Mal'I Mno4w , EXHIBIT "D" SECOND ADDENDUM TO THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF GREEN COVE SPRINGS,FLORIDA AND THE CLAY COUNTY UTILITY AUTHORITY Tins SECOND ADDENDUM to that certain Interlocal Agreement by and between the City of Green Cove Springs,Florida a municipal corporation,whose address is 321 Walnut Street,Green Cove Springs, Florida 32043 (City)and the Clay County Utility Authority,whose address is 3176 Old Jennings Road,•Middleburg,Florida 32068-3907(Authority)is made and entered into as of the tateshbwri below for.the last signatory hereof. • WITNESSETH ;, WHEREAS;-bn March 17, 1998, the City of Green Cove Springs, Florida(City)and the Clay County.Utility Authority (Authority) entered into an Interlocal Agreement relative to the provision by the City of bulk water and wastewater utility capacity to the Authority so as to enable the Authority,to provide service to customers within its service area for which it did not,at the time, :have:the;rcgiiisite plant capacity to provide such service on its own. A copy of said-Interlocal Agreement is.attached hereto and incorporated herein by specific reference;and WHEREAS,on August7,2018,the parties entered into a First Addendum to said Interlocal Agreement relative'to rates and charges to be paid by the Authority to the City for such services. A copy_of said First:Addendum is attached hereto and incorporated herein by specific reference;and WHEREAS" DR LQRTON HOMES is proceeding with the development of;its.Ayrshire' Project which like! will be annexed into the City but is located within the Authority`s service area: Y Authority does hot,at present, have the necessary water and wastewater treatment plant capacity needed in order to provide service to phase I of the Ayrshire Project,but anticipates having that capacity constructed and available for use within approximately 24 months from the date hereof;and Page 1 of 3 • EXHIBIT"D" WHEREAS, the City agrees to make temporary water and wastewater treatment plant. capacity available to the Authority by which it may provide retail service to the Ayrshire Project on a temporary basis until such time as the Authority has treatment plant capacity of its own to service such'Froject,at*hick time the Authority will cease taking interim treatment capacity from the City • and provide such capacity to the said Ayrshire Project on a permanent basis. NOW,'THEREFORE, for and in consideration of tiie•-recitals and the covs'tizstut;;. tireprscritations-.warranties and agreements herein contained,atid°iiiitendirtg:tobe legally bound;the jpnrlic:•hereto agree as follows: • 1, The City will make available to the Authority,pursuant to the terM.s'and c:or ditioiia of, .si ,,` d � tltc irrtcrlocat Agreement and the First Addendum thereto referenced Ire; ncal}ovSe:,an dditional 1O0< ERCs of water and wastewater capacity so as to allow the Ayrshize'Psuject to proceed dunn th0. • 3 :;period tlinit the Authority is constructing Permanent treatineat<ft1 n tc:apncity ll c+z�ttic ►liitht�rtty tri tiict 1Yxitti ri rctliniit t ra,the City,an atdditturi:al,1,00 Eitt;.' of+'ntcr<cncl ti6A'to alcr �nla<ictiy:(.r:, °r34t?t3il� '>total ira tlaat'i;tfrtej'Will be to the water tit d',ag4cwntereapadityprd ended by the Qty to,the Authority for the Ayrshire Project, At such time as the:#utho►ity'a cla�ti ityft 'available, 'potti ile water.and,sanitary sewer will be served on a pecusanent basis by•tk,eAutltonty'and the `-_ teixaporrryarrangement described herein shall cease. '2, All of the costs of interconnection for extending City tiii lily sc vtce to the Authority, • :,'albeit on.a temporary basis, shall`be borne by'the Authority'.andlor'dthe Ayithii-e'Project; as iief rs sisicii betweeii:the Authority and DR Horton Homes_ • Page 2,of3 • . EXHIBIT "D" DONE AND EXECUTE()on the dates indicated below in Clay County,Florida. - CITY OF GREEN COVE SPRINGS, a municipal co oiation of the State of Florida. B,. .wan ti yil .e" - Mayor : ir-4,.;, 7rtt,�z� ast,-iC ei}. . jY p,. o ,. I s 'yi e• '. i ypy), iYs+� i;tii,;;N,••' -. :•:4h..i,, _ • • .. l aiii c'Jii efilA,j�ji Id 1 r, City.:Atiot r=ey3. . CLAY COUNTY`liTILITYAUTI1ORiTY , SI19t' l�'0.. "` l3j: Or-i: .- a: � t 1,�. . r . - i► ' t, cr = ' 'i,Y Jercmy1b ct P E.e ' t,. • � •'. 1/4t t.� p �t '6 ..1'e t ,...1 .t �` srirr l?ir Ot'` r��tit��./� i �irl.��t�� F ,;-i��• :.F, � ' V, f:. yr • - • Aizid , illiE ,ram - ' C t1ii�Scat " toi f 1.1,Atjcc"tf.-44v.2—City or°muCavc9prfogs r.-aii :. Page 3 of 3 , :\ ' � f • i ' ' `\ , ,15 \ LAWN \k` - CAREE RD \ ti I , \1 . Icc y .. \ C `1 The Rookery Subdivision - 1\ SiIPhase 1 -231 Lots 11 ;n 0. 11, \\ , \ 1 I l'\\ripprill Ilw -r �` • \ 1 pr o Z \, IIIII roillr 1 \ 1 I ' \ 1 1 4111. \>\ dir / , • talSairr -- 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. I1 CCUA 1,S C017/ Title: ___ \ Clay County Utility Authority CCUA Web Map i- \ 3176 Old Jennings Road Info: C r� Middlebur Florida 32068-3907 Water Features g+ Prepared by CCUAGIS Portal'a Phone 904 272 5999 = Gravity Sewer Features 't10/5/2023,12:24:53 PM�� Conservation.Commitment.Commundy. = Forced Sewer Features � .'AUTN( 1 inch = 1,000 feet - Reclaimed Features