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HomeMy WebLinkAboutDA MU22.23-25 - Granary Park Subdivision - Phase III • Return to: Clay County Utility Authority 3176 Old Jennings Road MU22/23-25 Middleburg,Florida 32068-3907 GRANARY PARK SUBDIVISION,PHASE III CONSISTING OF 254 SINGLE FAMILY LOTS Parcel Nos. 23-05-25-010101-001-00, (Mid-Clay System) 24-05-25-010105-000-00, 25-05-25-010107-001-00 Name of Project 26-05-25-010108-002-00 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 this 3rd day of Al St , 2023, by and between SANDRIDGE LAND DEVELOPERS, LLC, a Delaware limited liability co`rhpany, 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". -`a 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"); co .2 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; 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 WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of potable water,wastewater,and/or reclaimed water 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. AUG 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 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: to ($360.00 x 254 ERCs) $ 91,440.00 * Alternative Water Supply Surcharge: ($376.71 x 254 ERCs) $ 95,684.34 * SJWMD Black Creek Water Resource Charge: ($108.77 x 254 ERCs) $ 27,627.58 * Wastewater Capacity Charge: ($3,200.00 x 254 ERCs) $ 812,800.00 * Reclaimed Water Capacity Charge: ($300.00 x 254 ERCs) $ 76,200.00 * Total Capacity Charges to be Deferred $ 1,103,751.92 (b) Debt Service Charge: ($149.00 x 254 ERCs) $ 37,846.00 (c) Main Extension Charge—Water $ 36,322.00 ** Main Extension Charge—Wastewater $ 77,091.54 ** Main Extension Charge—Reclaimed Water $ 34,366.20 ** (d) Meter Installation Charge $ N/A *** Effluent Reclaimed Meter Installation $ N/A *** (e) Plan Review Fee $ 1,039.50 (f) Inspection Fee $ 6,875.89 (g) Recording Fee $ 159.00 Subtotal $ 1,297,452.05 Less Total Capacity Charges to be Deferred $ 1,103,751.92 Total due at execution of Developer Agreement $ 193,700.13 * - Includes 254 ERCs,based on 254 single family lots,which are deferred and to be paid at time of application for service via meter install, in accordance with Utility's Rate Resolution. ** - See Paragraph 42 for the explanation of charges. *** - 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 center(s). Note: Items (e) and (f) are estimates and are subject to adjustment based on actual costs incurred. -3- 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 lienparcel of any " Utility shal not be obligated pre art until suchsuch time county as the capacity chargesl and related costs to have ovid beenthe paid inservices herein full for thatfor lotny or pa parcel.icular lot or 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 ofthe 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. 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 casements 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 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. 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 he in writing and transmitted by messenger,by mail or by electronic mail, and if to Developer, shall he mailed or delivered to Developer at: Sandridge Land Developers, LLC 7807 Baymeadows Road, Suite 205 Jacksonville, Florida 32256 • -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. 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 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 arc 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,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 descriptions and maps for such casements to Utility,as shown on the plans prepared by Taylor& White, Inc., Job Number 20075.2, as described in Exhibit"C", prior to commencement of this project.This shall include (1) all easements necessary to accommodate water, wastewater, and reclaimed water stubs to adjacent properties; (2) an casement ten (10) feet in width lying parallel and adjacent to all right of way lines within the Developer's Property; (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. -9- 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. 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 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. Developer will connect to the 8-inch water main and 8-inch reclaimed mains,being installed as part of the Granary Park, Phase II infrastructure, services from the mains 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. Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water meters and potable water meters and 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 installation shall be in accordance with the plans prepared by Taylor& White, Inc., Job Number 20075.2 as described in Exhibit "C", or as modified in a manner acceptable to Utility. Utility shall have access to all of the water meters during normal business hours, for meter reading purposes. 37. Connection to Utility's proposed 8-inch wastewater main and the construction of the wastewater infrastructure 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 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 Taylor&White,Inc.,Job Number 20075.2, 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. 38. 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"), a true copy of which, in 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. X AEmmerd Mu+ler !kW.eloper Apr n .VAs nnI,I I,IIs1A(1R.(irmun Park P.m:III 2541 01S Jhili.Jrx -10- 39. 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. 40. 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 Granary Park Subdivision,Phase III. 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. 41. No wells shall be permitted within or upon the Property for any purpose. 42. The charges shown in paragraph 4(c), "Main Extension Charge—Water","Main Extension Charge— Wastewater", and "Main Extension Charge —Reclaimed Water" totaling $147,779.74 of this Agreement, arc refundable to Utility who previously paid for the utility extensions along Sandridge Road. 43. Water,wastewater and reclaimed water service for Granary Park,Phase III Subdivision,is contingent upon the completion and final acceptance by Utility of the water, wastewater and reclaimed water infrastructure being installed with Developer Agreement No.MU21/22-9,titled Granary Park Subdivision,Phase II and recorded in Official Records Book 4593, pages 398 through 415 of the Public Records of Clay County, Florida. 44. This Agreement does not include any other developments 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. 45. 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. • [Signatures Begin Next Page] X.\Servtce AvailabdtlyNes eloper Agreement Master Filar3crcloper Agreements tAvonlea H lls\AGR.Gr nary Park Phase III 254LOTS 1MG doe -11- IN WITNE WHEOF, D aty have exeve t Agee , i th named Exhibits attachedSS ,to beER duly executedeveloper in severalndUilit counterparts,eachcutedor ofha which counterpartcausedhis shall m be nt considered an original executed copy of this Agreement. WITNESSES: DEVELOPER: SANDRIDGE LAND DEVELOPERS, LLC, a Delaware limited liabili ompany, jI Witness: By: (Seal) Print Na . od Ile' i3a iam O'Reilly, Vice President Witness: Print Name: -I,p`M ,4gootil • STATE OF \. 1 COUNTY OF ‘"j, J \ The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this oa( day of —56L1,LA , 2023, by LIAM O'REILLY, as VICE PRESIDENT of SANDRIDGE- ND DEVELOPERS,LLC,a Delaware limited liability company,on behalf of the company,who • ersonally known me or has produced ,as identification. Print Name: 4,OimCi...1(xV1'-NC^— Notary Public State of V.\O Io. at Large My Commission Expires: LI11, a�- Notary Public State of Florida A Viktoriya Vankova 4 .11•"*. My Commission HH 409482 Expires 6/1112027 X:\Scrvrce Avmlahrlity\Developer Agreement Master FileUlaeloper Agreements\AvonIea IIt1IN4 OR.Granary Park Phase III 254LGTS JMG.doc • -12- • WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY Witness- C-- IV`� By: 161" PrintN Lie: (*Cl M� �fY1t�N1 • Je-emy ►:Jo y stop, P. ., M.B.A. E ecutiv :'r:ctor !WO (Corporate Seal) Witness: - n twill Print Name: , Summer P. Berndt STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of ❑x physical presence or El online notarization this 3rd day of_A , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUN UTILITY AUTHORITY, who is personally known to me. to ,- 421 Notary Public State of Florida 'C321&15:09 '_��� • 4941: summer P E Bemdt Print Name: Summer P. Berndt My Commission GG 950878• /iq'dr Expires 01/26/2024 Notary-Public • State of Florida at Large My Commission Expires:01 f alo/off 1 • X1Scrvice Availability\Developer Agreement Master FilADmeloper Agreement Avonlca Hills tAGRGranary Pnrk.Phase IIL254LDTS.JMG doc GRANARY PARK SUBDIVISION-PHASE IIl CONSISTING OF 254 SINGLE FAMILY LOTS Parcel Numbers 23-05-25-010101-001-00, 24-05-25-010105-000-00, 25-05-25-010107-001-00, &26-05-25-010108-002-00 EXHIBIT "A" 1 OF 3 A PORTION OF SECTIONS 23 AND 26,TOWNSHIP 5 SOUTH,RANGE 25 EAST,CLAY COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHERLY CORNER OF TRACT 1, AS SHOWN ON THE PLAT OF GRANARY PARK PHASE 1, AS RECORDED IN PLAT BOOK 65, PAGES 41 THROUGH 66, INCLUSIVE, OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA; THENCE NORTHEASTERLY, EASTERLY, SOUTHERLY, SOUTHEASTERLY, ALONG THE SOUTHERLY LINE OF SAID PLAT OF GRANARY PARK PHASE 1,RUN THE FOLLOWING NINE(9)COURSES AND DISTANCES: COURSE NO. 1: NORTH 57°09'31" EAST, 174.37 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING EASTERLY; COURSE NO. 2: EASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 180.00 FEET, AN ARC DISTANCE OF 329.84 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 70°20'43" EAST, 285.59 FEET; COURSE NO. 3: NORTH 72°13'57"EAST,445.00 FEET;COURSE NO.4: SOUTH 17°50'57"EAST, 180.00 FEET;COURSE NO. 5:NORTH 72°09'03"EAST, 11.58 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHEASTERLY; COURSE NO. 6: NORTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 160.00 FEET, AN ARC DISTANCE OF 191.48 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 37°51'59" EAST, 180.26 FEET; COURSE NO. 7: SOUTH 86°25'06" EAST, 110.00 FEET; COURSE NO. 8: SOUTH 00°29'48" WEST, 61.04 FEET; COURSE NO. 9: SOUTH 27°33'55" EAST, 18.85 FEET; THENCE SOUTH 01°26'41" WEST, 26.86 FEET, TO THE ARC OF A CURVE LEADING SOUTHWESTERLY;THENCE SOUTHWESTERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 35.00 FEET, AN ARC DISTANCE OF 40.31 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 62°44'32"WEST, 38.12 FEET,TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING SOUTHWESTERLY; THENCE SOUTHWESTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 280.00 FEET,AN ARC DISTANCE OF 207.23 FEET,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 50°56'56" WEST, 202.53 FEET, TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 72°09'03"WEST,486.58 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHWESTERLY;THENCE SOUTHWESTERLY,ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 30.00 FEET,AN ARC DISTANCE OF 47.12 FEET,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 27°09'03" WEST, 42.43 FEET, TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 17°50'57"EAST,596.79 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHEASTERLY;THENCE SOUTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 43.62 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 59°30'04" EAST, 39.88 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 78°50'49"EAST, 104.36 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING EASTERLY;THENCE EASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 280.00 FEET, AN X\Service Availabrlrry\Developer A0 menl Master File\nevelnper AFreements\Avonlca I W Is4\GIi Granary Park Phase III.2>4IATS 1MG.Aoc GRANARY PARK SUBDIVISION-PHASE III CONSISTING OF 254 SINGLE FAMILY LOTS Parcel Numbers 23-05-25-010101-001-00, 24-05-25-010105-000-00, 25-05-25-010107-001-00, &26-05-25-010108-002-00 EXHIBIT "A" 20F3 ARC DISTANCE OF 79.73 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 87°00'16"EAST, 79.46 FEET,TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING NORTHEASTERLY;THENCE NORTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 33.82 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 62°52'09"EAST,32.05 FEET;THENCE SOUTH 59°25'25"EAST, 103.04 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHEASTERLY; THENCE SOUTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 280.00 FEET, AN ARC DISTANCE OF 39.40 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 55°23'33" EAST,39.37 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 51°21'41" EAST, 215.99 FEET; THENCE SOUTH 63°05'43" EAST, 119.27 FEET, TO THE ARC OF A CURVE LEADING SOUTHERLY; THENCE SOUTHERLY, ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE EASTERLY,HAVING A RADIUS OF 30.00 FEET,AN ARC DISTANCE OF 41.34 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 11°52'55"EAST,38.15 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 51°21'41" EAST, 168.09 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHEASTERLY; THENCE SOUTHEASTERLY, ALONG.AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 280.00 FEET, AN ARC DISTANCE OF 63.31 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 44°53'03" EAST, 63.17 FEET,TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING SOUTHEASTERLY;THENCE SOUTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 20.81 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 58°16'55" EAST, 20.40 FEET, TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING SOUTHEASTERLY;THENCE SOUTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 280.00 FEET, AN ARC DISTANCE OF 140.71 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 63°45'36"EAST, 139.24 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 49°21'48"EAST, 138.45 FEET,TO THE POINT OF CURVATURE OF A CURVE LEADING EASTERLY;THENCE EASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 25.23 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 73°27'29" EAST, 24.49 FEET; THENCE SOUTH 49°21'48" EAST, 200.86 FEET; THENCE SOUTH 44°36'28" EAST, 60.02 FEET; THENCE SOUTH 51°21'41" EAST, 109.98 FEET; THENCE SOUTH 00°36'54" EAST, 35.52 FEET, TO THE ARC OF A CURVE LEADING SOUTHWESTERLY; THENCE SOUTHWESTERLY, ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 35.00 FEET,AN ARC DISTANCE OF 31.00 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 64°00'42" WEST,30.00 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 38°38'19" WEST, 80.39 FEET,_TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHERLY; THENCE SOUTHERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE EASTERLY,HAVING A RADIUS OF 35.00 FEET,AN ARC DISTANCE OF 54.98 FEET, X\S r iee Ava bbJity�eveloper Agreement Master File11]eveloper AgrecmcnisAvonlea 11111sAG2.Grarury Park Phase IIL2i4L°TS.JMG.Aoc GRANARY PARK SUBDIVISION—PHASE III CONSISTING OF 254 SINGLE FAMILY LOTS Parcel Numbers 23-05-25-010101-001-00, 24-05-25-010105-000-00, 25-05-25-010107-001-00, & 26-05-25-010108-002-00 EXHIBIT "A" 3 OF 3 SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 06°21'41" EAST,49.50 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 51°21'41" EAST, 145.00 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHERLY; THENCE SOUTHERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 180.00 FEET, AN ARC DISTANCE OF 415.98 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 14°50'35"WEST, 329.40 FEET,TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING SOUTHERLY; THENCE SOUTHERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE EASTERLY,HAVING A RADIUS OF 35.00 FEET,AN ARC DISTANCE OF 80.88 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 14°50'35"WEST,64.05 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 51°21'41"EAST, 95.28 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHEASTERLY; THENCE SOUTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 35.00 FEET,AN ARC DISTANCE OF 11.84 FEET,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 61°03'12"EAST, 11.78 FEET,TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 70°44'43" EAST, 102.50 FEET; THENCE SOUTH 51°21'41" EAST, 59.23 FEET; THENCE NORTH 57°07'13" EAST, 356.55 FEET;THENCE SOUTH 68°05'41"EAST,643.53 FEET,TO THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863, PAGE 1745 OF SAID PUBLIC RECORDS; THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHERLY, ALONG LAST SAID LINE, RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES: COURSE NO. 1: SOUTH 40°33'05" WEST, 438.49 FEET; COURSE NO. 2: SOUTH 36°49'03" WEST, 466.43 FEET; COURSE NO. 3: NORTH 51°21'41" WEST, 1976.27 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHWESTERLY; THENCE NORTHWESTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 1838.00 FEET,AN ARC DISTANCE OF 1075.05 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 34°36'19" WEST, 1059.79 FEET, TO THE POINT OF TANGENCY OF SAID CURVE AND THE NORTHWESTERLY LINE OF SAID LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 1863,PAGE 1745;THENCE NORTH 17°50'57"WEST,ALONG LAST SAID LINE, 1219.23 FEET, TO THE POINT OF BEGINNING. CONTAINING 63.59 ACRES, MORE OR LESS. X:\Senior Availahlity\°eveloper Agreement Master Frle�evcloper Ag, mcnts\Avonlca Hills\AGRGranary Park Phase III 2SJL°TS 1MG 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 (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. X.\Service Availability\Developer Agreement Master Fde\nevelnper Agreemcnts\Avonlca HilIs\AGR Granary Park Phase III 254LOTS]MG 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 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.\Service AvallahnIiMDeveloper Agreement Master FiletDeveloper Agreements Avonlcn HtIIAAGIt.Granary Pazk.Phase III 2S4LOTS JMG doc EXHIBIT "C" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: Granary Park, Phase III Engineer: Glynn Taylor, P.E. Taylor& White, Inc. 9556 Historic Kings Road S., Suite 102 Jacksonville, Florida 32257 Job Number: Job Number 20075.2 Date: July 2022 Engineer Description Approved Drawing Plan Date Number 1 Cover 12/28/2022 2 General Notes, Site Plan, Legend and Abbreviations 12/28/2022 2 Clay County Subdivision General Notes 12/28/2022 4 Quantitative Site Plan 12/28/2022 5 Wetland Flagging and Impacts Map 12/28/2022 4 Pre Development Drainage Map 12/28/2022 to 7-8 (Phase3)Post Development Drainage Map 12/28/2022 9-10 Erosion and Sediment Control Plan 12/28/2022 Erosion and Sediment Control Details & Stormwater Pollution 11 Prevention Plan 12/28/2022 12-14 Geometry Plan 12/28/2022 15-17 Paving and Drainage Plan 12/28/2022 18-20 Neighborhood Site Plan 12/28/2022 21-25 Paving and Drainage Details 12/28/2022 26 Overall Master Water and Sewer Phase 3 12/28/2022 27 Key Map 12/28/2022 28-43 Plan and Profiles 12/28/2022 44-54 Water and Sewer Details 12/28/2022 55-56 Sleeving Plan 12/28/2022 57-59 Underdrain Plan 12/28/2022 X:\Service AvodabilitytPcvclnper Aprremcnt Muster File�eveloper AgrccmcntsAvnnlea IIiIIsAGR.Granary Park Phase III.2i4LOTS JMG doc G _ — ri• .uue■• ! _ r /m o± �NI_ r usu �i W N�E:% MN �r O(. 111/ rr r� / �11 :=i S m. 1 _ �__ __ ��► I II = =ll, luur..-- , i =OP :% r-----"'411F NI 1RInG:J _=_` ` LI, 7ki 01.12ill 4', 010 _... If% '•,fll �ii:• r��� EX I1' 1 111► Ps, o �/ ill .. Granary Park r. Subdivision Phase III $*r'?t �*��'iPS#199v. ir tO \illikkik\ =1►� 4 ( I *It i rIM .F. .C\S\\... ---7 1 NN 77 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. (1.---,,Ni CO(/NT Title: \` Clay County Utility Authority CCUA Web Map i- 3176 Old Jennings Road Info: /' 1 Middleburg, Florida 32068-3907 — Water Features Prepared by CCUAGIS Portal 'a Phone 904 272-5999 MI Gravity Sewer Features J 't � 8/3/2023,2:55:30 PM "l � Conservation.Commitment.Community Forced Sewer Features �TYAUTND 1 inch = 1,000 feet — Reclaimed Features