HomeMy WebLinkAboutDA CU22.23-12 - Branan Field Town Homes West Return to:
Clay County Utility Authority
3176 Old Jennings Road CU22/23-12
Middleburg,Florida 32068-3907
BRANAN FIELD VILLAGE TOWNHOMES WEST
46 TOWNHOMES—JEREMIAH STREET
Parcel Nos.: 32-04-25-008102-000-00 & Clay Utility System
32-04-25-008102-013-00 (Name of Project)
Clay County
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("Agreement"), made and entered into thisa( day of (5 )t' ,
2023,by and between D.R.HORTON,INC.-JACKSONVILLE a Delaware corporation,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 desires that the Utility provide central potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
c service for the Property;
as
c 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
cc
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and
undertakings regarding the furnishing of potable water and wastewater service by the Utility to the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, potable water distribution system, and
reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees
to transfer,to Utility, if so designated by the Utility,at no cost to Utility to provide utility service to the Property.
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(c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day(GPD)
which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For
this purpose the average daily flow of one potable water ERC is(450)GPD,one wastewater ERC is(311)GPD,and
one reclaimed water ERC is (275) GPD.
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with the
pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the
consumer's side of the meter and for wastewater service at the lot or property line. Utility shall, according to the
terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless otherwise agreed. The
pipes and appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain potable
water, reclaimed water, and wastewater service to the point of delivery for each lot or tract pursuant to rules and
regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that Developer is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer
agrees to deliver to Utility evidence of such ownership including any outstanding mortgages, taxes, liens and
covenants.
4. Connection Charges-In addition to the contribution of any wastewater collection systems,potable
water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide
potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees
and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this
Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($360.00 x 46.00 ERCs) $ 16,560.00 *
Alternative Water Supply Charge:
($376.71 x 46.00 ERCs) $ 17,328.66 *
SJWMD Black Creek Water Resource Charge:
($108.77 x 46.00 ERCs) $ 5,003.42 *
Wastewater Capacity Charge:
($3,200.00 x 46.00 ERCs) $ 147,200.00 *
Total Capacity Charges to be Deferred $ 186,092.08
(b) Reclaimed Water Capacity Charge:
($300.00 x 22.00 ERCs) $ 6,600.00 *
Debt Service Charge:
($149.00 x 46.00 ERCs) $ 6,854.00
(c) Main Extension Charge—Water $ N/A
Main Extension Charge—Wastewater $ 26,222.30 **
Main Extension Charge—Reclaimed Water $ N/A
(d) Meter Installation Charge $ N/A ***
Effluent Reclaimed Meter Installation $ 1,328.62
(e) Plan Review Fee $ 462.00
(f) Inspection Fee $ 1,590.16
(g) Recording Fee $ 142.00
Subtotal $ 229,291.16
$ 186,092.08
Less Total Capacity Charges to be Deferred
Total due at execution of Developer Agreement $ 43,199.08�
* - Includes 46.00 ERCs for water and wastewater for the 46 townhomes and 22.00 ERCs for reclaimed
irrigation water service for the Property(based on 5,983.56 AGPD),all in accordance with Utility's Rate
Resolution.
** - See paragraph 44 for explanation of charge
*** - The potable water meters will be paid by each builder or customer upon application for building water
for each townhome(does not include meter boxes).
**** - Includes one 2-inch reclaimed water meter for irrigation(does not include a meter box).
Note: Items (e) and(f) are estimates and are subject to adjustment based on actual cost incurred.
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Method of Payment/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.
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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.
to 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.
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6. Off-Site Installations-Developer shall further construct all transmission mains,pump stations and
rtn facilities the One opriate point in Utility's
transmission system, as determined by Utilityconnect . Utility-Site may require
Systemto Developerthnearest 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. Agreement to Serve-Upon the completion of construction of the On-Site and Off-Site Facilities by
Developer,or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and
Utility's Service Availability Policy, Utility will allow connection or oversee the connection of the wastewater
collection facility,potable water distribution facility,and/or reclaimed water facility installed by Developer to the
central facilities of Utility in accordance with all rules, regulations and orders of the applicable governmental
authorities. Utility agrees that once it provides potable water, reclaimed water, and/or wastewater service to the
customers within the Property that it will continuously provide such service, at its cost and expense, but in
accordance with the other provisions of this Agreement,the then current Rate Resolution in effect for Utility,and
the requirements of the governmental authorities having jurisdiction over the operations of Utility. Utility shall not
be liable for any temporary interruptions in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5, 6, and 7, hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the Property.
Should any such covenant or agreement of Developer in fact be outstanding following either or both of such dates,
then,notwithstanding any contrary provision contained herein,Utility may,upon thirty(30)days advance written
notice and demand for cure mailed to Developer,temporarily interrupt service to the Property until such outstanding
covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in
service as a result of any action authorized or permitted by this paragraph.
8. Application for Service-Developer,or any owner of any parcel of the Property,or any occupant of
any residence, building or unit located thereon shall not have the right to and shall not connect any consumer
installation to the facilities of Utility until formal written application has been made to Utility by the prospective
user of service,or either of them,in accordance with the then effective rules and regulations of Utility and approval
for such connection has been granted.
9. Easements-Developer hereby grants and gives to Utility,its successors and assigns,but subject to
the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable
water,reclaimed water,and wastewater facilities to serve the Property in,under,upon,over and across the present
and future streets, roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any,
holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the
grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of a "non-disturbance
agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility.
All potable water, reclaimed water, and wastewater collection facilities, save and except installations owned by
Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted
or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these
easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive
easements by third parties shall not interfere with Utility's utilization of same. 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.
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10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable water,
reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable water,reclaimed
water and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive
ownership of Utility, and any person or entity owning any part of the Property or any residence, building or unit
constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of
them,for any purpose,including the furnishing of potable water,reclaimed water,and wastewater services to other
persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable
water services or sanitary wastewater services to the Property during the period of time Utility provides 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.
to
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. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of
Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise.
Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably
withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and
responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by messenger,by mail or by electronic mail, and if to Developer, shall be mailed or
delivered to Developer at:
Mr. Philip A. Fremento
D.R.Horton, Inc. -Jacksonville
4220 Racetrack Road
Saint Johns,Florida 32259
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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. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it shall be
and become effective immediately upon execution by both parties hereto,subject to any approvals which must be
obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings,by instituting suit or otherwise,then venue shall lie in Clay County,Florida,and
the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable attorney's
fees.
18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or
interrupted in consequence of any cause beyond the control of either party,including,but not limited to 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. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any
to 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.
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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. Developer understands and agrees that
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 his 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, who utilize the
project's water,wastewater,and reclaimed services within Developer's project,to apply to Utility for service after
the installation of the water,wastewater,and reclaimed utilities have been completed and accepted by Utility. Upon
completion of application for water,wastewater,and reclaimed services and payment of the appropriate charges set
forth in Utility's then current applicable Rate Resolution, including any security deposits required,service will be
initiated to customers within Developer's Property.
31. Developer shall not place any conservation easements over any of the easement lands that contain
Utility's water,wastewater or reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant an easement to Utility covering any portion of the potable water,wastewater,
and reclaimed water facilities that Utility agrees to own and maintain, and Developer shall be responsible for
providing the legal description for such easement to Utility.
33. The landscaping for this Project(new or existing) shall not include the planting of any trees within
seven and one-half feet(7 ft. 6 in.) of any of the water,wastewater and/or reclaimed water mains to be owned by
Utility.
34. Connection to Utility's existing 10-inch water main and the existing 2-inch reclaimed stub and the
construction of the water and reclaimed water services from the main and the stub to the meter locations, shall be
installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all requirements of
Utility prior to Utility's acceptance for ownership and maintenance.Utility shall own and maintain the tap through
the meters, and all facilities downstream of the meters shall be owned and maintained by Developer. Utility shall
have access to all water meters during normal business hours, for meter reading purposes.
X:\Scrvice Availabtlity\Developer Agreement Master File\Developer Agreements\Cross Creek\AGR.Brown Field Village Townhomes Wool DEFERRED 46 Un1ls.JMG.doe
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35. Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water
meter and potable water meters, and 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. All facilities downstream of the downstream side of the reclaimed water meter and the
potable water meters shall be owned and maintained by Developer. Utility shall have access to all of the water
meters during normal business hours, for meter reading purposes.
36. Utility requires verification that each individual townhome unit is connected to the proper meter,and
that no outside hose bibbs, that may be used by other tenants, are connected to the same meter as an individual
townhome unit. Developer shall require his contractor to assist Utility in gaining access to each townhome unit in
order to conduct this investigation as the meters are installed.
37. Developer shall connect to the 8-inch wastewater stub being installed as part of the project entitled,
Ascend Branan Field Village Apartments,as shown on the plans prepared by Adkinson Engineering,PA.All such
facilities shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet
all of the requirements of the Utility prior to Utility's acceptance for ownership and maintenance.All service lateral
lines servicing Developer's Property, which are located upstream of such facilities shall be Developer's
responsibility for ownership and maintenance.and all service lateral lines servicing Developer's Property,which are
located upstream of proposed wastewater stub shall be Developer's responsibility for ownership and maintenance.
38. Air conditioning condensation discharge lines and any other piping that may intentionally or
unintentionally drain storm water shall not connect to Utility's wastewater system.
to 39. 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. 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.
40. No wells shall be permitted within or upon the Property for any reason.
41. Developer shall be required to install an on-site irrigation system in full compliance with Utility's
Reclaimed Water Policy(i.e.,"Reuse Policy"),a true copy of which,in its current form,is attached hereto as Exhibit
"B", and shall require that this system 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 system,and all parcels
lying within the Property are hereby so restricted.
42. 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.
43. The charges shown on page 2, paragraph 4 (a) through (g) of this Agreement, are to assess the
charges for Branan Field Village Townhomes West,as shown on the plans prepared by Adkinson Engineering,PA.
(see Exhibit"C"),and do not include any other developments(future additions,buildings and/or out parcel projects,
etc.)that are planned for this Property.
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44. The charge shown in paragraph 4(b) "Main Extension Charge-Wastewater",of this Agreement, is
Developer's prorata share of the cost for the gravity main and wastewater force main across Old Jennings Road,
installed with the Summerbrook Subdivision development, as well as Developer's prorata share of the cost to
upgrade Lift Station#111,which is necessary to accommodate the additional wastewater flow from this project.
45. The construction of this project will not commence until Utility is in receipt of an executed
Agreement, the charges due from Developer stated herein are paid, and all permits and easements have been
received.
46. Water, wastewater and reclaimed water service for Branan Field Village Townhomes West, is
contingent upon the completion and final acceptance by Utility of the water, wastewater and reclaimed water
infrastructure being installed with Developer Agreement No. CU22/23-7, titled "Ascend Branan Field Village
Apartments—300 Units"and recorded in Official Records Book 4524,pages 871 through 887 of the Public Records
of Clay County,Florida.
47. This Agreement will need to be executed by Developer and the charges paid (shown on page 2 of
Agreement),prior to October 1,2023, and the construction of the utilities shall be commenced prior to 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.
to [Signatures Begin Next Page]
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•
•
-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:
D.R.HORTON, INC.—JACKSONVILLE,
• a Delaware corporal n
Witness: tati / By: 4/4Print Name: .rtiiii) '-fi ���.a—,o Philip A. Fremento,Vice President
Witness:. P . 1 I • (Corporate Seal)
Print Name: AodT
STATE OF . FLORIDA •
COUNTY OF ST. JOHNS
The foregoin instrument was acknowledged before me by means of F l physical presence or ❑ online
notarization this ) day of ,2023,by PHILIP A.FREMENTO,as VICE PRESIDENT of
D.R.HORTON,INC.—JACKSONVILLE,a Delaware corporation,who is personally known tome or who has .
produced , as identification.
to •
Oi,tr ruee� DEBORAH E.MCCLURE iv, 72 "`�¢ ����11-f�"
`� Commission#GG 967814 W
* _ '� * Printed ame: Deborah McClure
\Q Expires July10,2024
��epF F�OQ' Bonded Thru Budget Notary Services Notary Public, State of Florida at Large
My Commission Expires: 7/10/24
•
X.Service Availabilny\Developer Agreement Master FilaDcveloper Agreements\Cross Creck\AGR.Branan Field Village Townhomes DEFERRED 92 Units.JMG.do
-12-
•
WITNESSES: UTILITY:
.
CLAY COUNTY UTILITY AUT ORITY
. tilAb .
Witnelr . .m... C�e• l ) By: \ !�._ -�
. .
Print 1 511i1 tut.Sn! H-) : e r- D,6j.hns'.n,P.E.,M.B.A.
e ,4Wio irecto
9 -w -beta, (Corporate Seal)
Witness: � ' 0 ' �+ M •
Print Name: Summer. '. - •t
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online
notarization this at day of sow , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
t0r ,,,,,,,,
Notary Public State of Florida ���� ( \ i
Summer P E Berndt
• My Commission GG 950878• Print Name: Summer P. =ern••
'ip,aM1 Expires 01/26/20244 Notary Public
State of Florida at Large
My Commission Expires: 01104: 4
•
XAService Availability\Developer Agreement Master File\Developer Agreements\Cross Creek\AGR.Broeon Field Village Townhomes West.DEFERRED 46 Units.JMG.doo
BRANAN FIELD VILLAGE TOWNHOMES WEST
46 TOWNHOMES -JEREMIAH STREET
Parcel Nos. 32-04-25-008102-000-00 &32-04-25-008102-013-00
Official Records Book 4638, Page 2057, Public Records, Clay County, Florida
PAItC r .i
A PARCEL OF LAND SITUATED IN THE WEST 1;2 O1. SECTION 32. TOWNSHIP 4
SOUTH, RANGE 25 EAST, CLAY COUNTY, FLORIDA, SAID PARCEL C3EING MORE
PARTICULARLY LARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE INTERSECTION OF THE SOUTH LINE.OF COUNTY ROAD NO. 220-A
(OLD JENN.INGS.ROADy AS PER OFFICIAL RECORDS BOOK 3042., PAGE153(PARCEL
C.)OF THE,PUBLIC:RECORDS OF SAID COUNTY WITH TILE EAST LINE OF THE.WEST
I!2 OF SAID SECTION 32;THENCE ON SAID EA ST LINE.RUN SOUTH 04 DEGREES 10
MINUTES 10 SECONDS EAST, 893.7(1 FEET TO THE NORTH LINE OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 3042, PAGE I OF SAID PUBLIC RECORDS;
THENCE. ON THE ,BOUNDARIES OF SAID LANDS, RUN THE FOLLOWING FIVE
COURSES; 1) SOUTH 89 DEGREES 49 MINUTES 50 SECONDS WEST, 245.62 FEET; 2)
SOUTH 55 DEGREES 02 MINUTES 47 SECONDS WEST, 1,046.37 FEET; 3) SOUTH 12
DEGREES S�1Y MINUTES 14 SECONDS WEST. 13,0.58 FEET; 4) SOUTH 55 DEGREES 02
MINUTES 4Y SECONDS WES.'T,'33.00 FEET 5) SOUTH 25 DECREES .38 MINUTES 30
SECONDS EAST, 37.4.78 FEET TO THE: NORTHWESTERLY LINE OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 3603. ['.A.GE 839(OUT-PARCEL'2)OF SAID
PUBLIC RECORDS;THENCE ON SAID NORTHWESTERLY LINE, SOUTH 55 DEGREES
02 MINUTES 19 SECONDS WEST, 370.64 FEET TO THE NORTHERS L.LRLY LINE OF
THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 25,58. PAGE 426 OF SAID
PUBLIC RECORDS;THENCE-ON SAID NORTHEASTERLY LINE,RUN THE.FOLLOWING
2 COURSES: 1))NORTH 34 DEGREES 57 MINUTES 12 SECONDS WEST. 135.00 FEET;2)
NORTHWESTERLY ALONG TJUE ARC OF A CURVE CONCAVE SOUTHWEST AND
:HAVING A RADIUS OF 590.00 FEET, AN ARC DISTANCE or 351.73 FEET, SAID ARC
BEING SUBTENDED BY A CI FORD BEARING AND DISTANCE OF NORTH 52 DEGREES
0] MINUTE 59 SECONDS WEST, 346.55 FEET; THENCE. NORTH 00 DEGREES 31
MINUTES 44 SECONDS WEST.733 28 FEET;THETCEE SOUTHH 89 DEGREES 38 MINUTES
II SECONDS -WEST, 66_74 FEET; THENCE NORTH 50 DEGREES 23 MINUTES 57
SECONDS WEST, 155.48 FEET; NORTH CO DEGREES l 7 MINUTES.33 SECONDS
EAST, 356_78 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 10 SECONDS WEST,
100.68 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 49 SECONDS WEST, 366.75
FEET; THENCE NORTH 89 DEGREES 38 MINUTES 12 SECONDS EAST, 2(10,09 FEET;
THENCE NORTH 00 DEGREES 21 MINUTES 18 SECONDS WEST, 62.00 FEET TO THE
SOUTHEAST CORNER OP THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
4152, PAGE 143 OF SAID PUBLIC RECORDS; THENCE NORTH 39 DEGREES 38
MINUTES 12 SECONDS AST,479.90 FEET;THENCE SOI_JTETI STE12LY, ALONG THE
X:\Service Availahility\Doveloper Agreement Master File\Developer Agreements\CroS s Creek\AGR.Branan Field Village Townhomes West.DEFERRED 46 Units.JMG.doc
9
•
ARC OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 242.67
FEET. AN ARC DISTANCE OF 118.62 FEET, SAID ARC BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE,OF SOUTH 76 DEGREES 21 MINUTES 38 SECONDS
EAST, I I'7,44 FEET; THENCE NORTHEASTERLY. ALONG THE ARC OF A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET, AN ARC
DISTANCE OF 40.62 FEET,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND
DISTANCE OF NORTH 71 DEGREES 06 MINUTES 06 SECONDS EAST. 36.30 FEET;
THENCE NORTH 24 DEGREES 33 MINUTES 14 SECONDS EAST,81.48 FEET;THENCE
NORTHERLY,ALONG THE ARC OF A CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 322.34 FEET, AN ARC DISTANCE OF 128.28 FEET. SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 13 DEGREES 09
MINUTES 10 SECONDS EAST,127.44 FEET;THENCE NORTH 00 DEGREES 21 MINUTES
48 SECONDS WEST,55.30 FEET TO SAID SOUTH,LINE OF COUNTY ROAD NO.220-A;
THENCE ON SAID SOUTH LINE,NORTH 89 DEGREES 38 MINUTES 12 SECONDS EAST,
305.90 FEET TO TIME WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3379,PAGE 243(PARCEL 102)OF SAID PUBLIC RECORDS;THENCE
ON THE BOUNDARIES THEREOF,RUN THE FOLLOWING 6 COURSES: I)SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 164.81 FEET;2)SOUTH 41 DEGREES 00
MINUTES 00 SECONDS EAST, 131.95 FEET; 3)SOUTH 90 DEGREES Oil MINUTES 00
SECONDS EAST,81.99 FEET:4)NORTH 23 DEGREES 00 MINUTES 00 SECONDS EAST,
180.00 FEET;5)SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 114.15 FEET;6)
NORTH 00 DEGREES 20 MINUTES 51 SECONDS WEST, 100.97 FEET TO SAID SOUTH
LINE OF COUNTY ROAD NO, 220-A; THENCE ON SAID SOUTH LINE„ NORTH 89
DEGREES 38 MINUTES 12 SECONDS EAST,389.74 FEET TO THE POINT OF BEGINNING.
•
PARCEL 2
A PORTION OF THE WEST 1(2 OF SECTION 32,TOWNSHIP 4 SOUTH,RANGE 25 EAST.
CLAY COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE EAST
LINE OF THE WEST 1i2 OF SAID SECTION 32 WITH THE SOUTH RIGHT-OF-WAY LINE
. OF COUNTY ROAD C-220-A, ALSO KNOWN AS OLD JENNINGS ROAD, BEING A
VARIABLE WIDTH RIGHT-OF-WAY;THENCE SOUTH 00°OT Ul"EAST.ALONG LAST
SAID EAST LINE, A DISTANCE OF 35.00 FEET TO THE SOUTHEAST CORNER OF
PARCEL 803,AS DESCRIBED IN THE AMENDED ORDER OF TAKING AS RECORDED
IN OFFICIAL RECORDS BOOK 3348,PAGE 127 OF SAID PUBLIC RECORDS;THENCE
SOUTH 89" 35' 55" WEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
AFOREMENTIONED OLD JENNINGS ROAD AND THE SOUTH LINE OF SAID PARCEL
803,A DISTANCE OF 389.79 FEET TO THE SOUTHWEST'CORNER OF SAID PARCEL 803;
THENCE ALONG THE EASTERLY,SOUTHERLY, AND WESTERLY LINES OF LANDS
DESCRIBED AS PARCEL 102 IN OFFICIAL RECORDS BOOK 3348, PAGE 127 OF THE
PUBLIC RECORDS.THE FOLLOWING SIX(6)COURSES;COURSE NO.1:SOUTH 00'24'
56"EAST,85.62 FEET;COURSE NO.2:SOUTH 89'58'21"WEST, 119.15 FEET;COURSE
NO.3:SOUTH23°01'03"NEST,180.02 FEET;COURSE NO.4:SOUTH 89'59'20"WEST,
X6Scrvien Avoilnbility\Dovcloper Agreement Master Fil.\Devcloper Agreements\Cross Creck'AGR.Brnnnn Field Village Townhomes West.DEFERRED 46 71m6i.JMG.doc
•
81.92 FEET;COURSE NO. 5: NORTH 41°00'46"WEST, 131.99 FEET;COURSE NO. 6:
NORTH 00°00'30"WEST,164.'2 FEET TO THENORTH WEST CORNER OF SAID PARCEL
102 ANT) TO A POINT ON THE CURRENT SOUTHERLY RIGHT-OF-WAY LINE OF
AFOREMENTIONED OLD JENNINGS ROAD;THENCE SOUTH 89°39'19"WEST.ALONG
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID OLD JENNINGS ROADS A DISTANCE
OF 305.92 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00° 20' 00" EAST
DEPARTING AFOREMENTIONED SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 55.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND .
HAVING A RADIUS OF 322.34 FEET, A CENTRAL ANGLE OF 22°50'06",AND BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 13° l I'08" WEST,
127.62 FEET;THENCE SOUTHWESTERLY ALONG TIME ARC OF SAID CURVE AN ARC
LENGTH OF 128.47 FEET TO A POINT OF TANGENCY; THENCE SOUTH 24°35' 03"
WEST, A DISTANCE OF 81.48 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 25.00 FEET,A CENTRAL ANGLE
OF 92°44'39"AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF
SOUTH 71° 16'47"WEST,36.19 FEET;THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE AN ARC LENGTH OF 40.47 FEET TO THE POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 242.67
• FEET, A CENTRAL ANGLE OF 27°59'001' AND BEING SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 76° 20' 29" WEST, .117.35 FEET; THENCE
NORTHWESTERLY ALONG TIME ARC OF SAID CURVE.AN ARC LENGTH OF 118.52
FEET TO A.POINT OF TANGENCY;THENCE.SOUTH 89°40'01"WEST,A DISTANCE OF
479.90 FEET;THENCE NORTH 00°22'25"WEST,A DISTANCE OF 236..18 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID OLD JENNINGS ROAD;THENCE NORTH
89°39' 19"EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF
69243 FEET TO THE POINT OF BEGINNING.
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X:\Service Availability\Dovoloper Agreement Mosier Filo\Doveloper Agrcemcnts\Cross CreokWGR.Dranan Field Village Townhomcs Wcsl.DEFERRED 46 Uni°.JMG.doc
EXHIBIT "B"
REUSE POLICY
PAGE 1 OF 2
Effective Date- 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
to (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 -
(1) 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.
XAServia AvnilobdIty Devclopm Agreement Mosier FilelDeve open Aprcetnents\Cmxs Creek\AGRdlmnnn Field Vilinge Townhome>West.DEFERRED 46 Units.DMG.doe
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
to 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 Base 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.
Requirement 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.
X:\Sconce Avatlebthly\Developer Agreement Master File\Developer Agreements\Cross CreeMAGR.13ramm Field Village Townhomes West.DEFERRED 46 Units 1MG.doe
EXHIBIT "C"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Branan Field Village
Townhomes West
1735 Jeremiah Street
Engineer: Timothy Adkinson, P.E.
Adkinson Engineering, PA.
6550 St. Augustine Road,#203
Jacksonville, Florida 32217
Project No.: 1710-0007
Date: December 13, 2022
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
GN-000 COVER SHEET 03/01/2023
GN-001 GENERAL NOTES 03/01/2023
C-000 EXISTING CONDITIONS 03/01/2023
C-001 POST DEVELOPMENT DRAINAGE MAP 03/01/2023
to C-100 GENERAL SITE PLAN • 03/01/2023
C-200 PAVING GRADING AND DRAINAGE PLAN 03/01/2023
CD-400 STORMWATER POLLUTION PROTECTION PLAN 03/01/2023
CD-100 GENERAL SITE DETAILS 03/01/2023
CD200-202 PAVING GRADING AND DRAINAGE DETAILS 03/01/2023
CD-203-205 STORMWATER POLLUTION PREVENTION DETAILS 03/01/2023
•
X;\Seevioe AveiMeility\Developer Agreoeeent Mnster File\Developer Agreements\Cross Cr okV GR.Deoe n Field Vilingo Towdtomoe Wes.DEFERRED 4G Units.JMG.doc
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
til
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.
(r-----N CObiVT Title:
_._ ` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
C
�� Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features
'a Phone 904 272 5999 ill■ Gravity Sewer Features
�'` 5/22/2023,3:10:30 PM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 200 feet - Reclaimed Features