HomeMy WebLinkAbout07.c EDB ES.Amended and Restated Brannan Mill. final EXECUTIVE SUMMARY
AGENDA ITEM:
Request for approval and execution of an Amended and Restated Water, Wastewater, and
Reclaimed Water Infrastructure for Phase I, of the Improvements of Brannan Mill Boulevard
agreement("Agreement") with BFC Partnership, Limited(BFC).
Date: January 30, 2024
BACKGROUND:
Staff request approval and execution of the Amended and Restated Water, Wastewater, and
Reclaimed Water Infrastructure for Phase I of the Improvements of Brannan Mill Boulevard
agreement with BFC Partnership, Limited.
Clay County Utility Authority (CCUA) collaborated with Clay County's Board of County
Commissioners (BCC) through an Interlocal Agreement for the design and construction of utility
infrastructure along with the first phase of roadway construction to take advantage of the cost
savings in completing the work at the same time. This Interlocal Agreement consisted of the BCC
and CCUA providing funding to design and construct a portion of the roadway and utilities
required to access the 752.04-acre site along Brannan Mill Boulevard n/k/a Atlantis Drive.
After the Interlocal Agreement was accepted by BCC and CCUA, CCUA entered into an
Agreement with BFC Partnership, Limited to install central water, wastewater, and reclaimed
water infrastructure within Phase I. To recover the actual infrastructure cost incurred by CCUA,
BFC agreed that CCUA will be paid a per acre charge based on the actual costs incurred by CCUA,
divided by the number of developable acres within Phase I. This was executed on February 7,
2017, and to date, CCUA has recovered a total of$647,315.03 (principal and interest).
Staff received a request from BFC in November 2023 to modify the property boundary for Phase
I of the original Agreement dated February 7, 2017. Both parties agreed to amend the 2017
agreement to modify the Phase 1 property boundary, infrastructure cost, and per-acre charge
calculation. Additionally, it reflects CCUA's fulfillment of its obligation to install the utility
infrastructure in accordance with the provision in the original agreement and the Interlocal
Agreement with the BCC.
The proposed Amendment and Restatement agreement reflects the revised Phase I boundary,
illustrates CCUA's reimbursement for infrastructure cost and per acre calculation, and reflects
CCUA's fulfillment of its obligation to install and provide central water, wastewater, and
reclaimed water service within Phase I of the original Agreement. Additionally, the Amendment
and Restatement agreement documents properties within Phase I that have previously paid
CCUA's per acre calculation/reimbursement cost.
RECOMMENDATION:
Staff respectfully recommends Board of Supervisors approve and execute the attached Amended
and Restated Water, Wastewater, and Reclaimed Water Infrastructure for Phase 1 of the
Improvements of Brannan Mill Agreement with BFC Partnership, Limited.
ATTACHMENTS:
1. Original Agreement dated February 7, 2017
2. Amended and Restated Agreement
3. Area Map
//MB (Author)
//AA (Review)
//PS (Final)
99; (C)
CFN#2017007189
Record&Return to: OR BK. 3943 PG 170 Pagesl of 33
Clay County Utility Authority Recorded:2/10/2017 1:41 PM Doc: AG
3176 Old Jennings Road Tara S Green, CLAY County Clerk, FL
Middleburg,Florida 32068-3907 Rec: $282.00
Deputy Clerk PATTONC
Parcel No.20-04-25-007968-000-00
&29-04-25-008064-000-00
Clay County
WATER,WASTEWATER AND RECLAIMED WATER INFRASTRUCTURE
FOR PHASE I OF THE IMPROVEMENT OF BRANNAN MILL BOULEVARD
(Clay Utility System)
Name of Project
AGREEMENT
THIS AGREEMENT,made and entered into as of the rig` day of It tick..- ,2017,
by and between BFC PARTNERSHIP, LIMITED, A Florida Limited Partnership, hereinafter
referred to as"Owner",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, Owner owns the lands located in Clay County, Florida, more particularly
described on Exhibit"A"attached hereto ("Property")and desires to have water, wastewater, and
reclaimed water infrastructure to be constructed within the Property to service the portion of the
Property consisting of approximately 186.44 acres described on Exhibit"B" attached hereto
("Phase I"), and more specifically described as east of Trail Ridge Road and within the proposed
Brannan Mill Boulevard from its western terminus at Challenger Drive eastward along the proposed
roadway, approximately 0.8 miles, as shown on the site plan attached hereto as Exhibit"D"("Site
Plan");
WHEREAS,the Utility is willing to install and provide,in accordance with the provisions of
this Agreement, central potable water, wastewater, and reclaimed water service to Phase 1 and
thereafter operate applicable facilities so that the occupants of the improvements on Phase I will
receive adequate potable water, wastewater, and reclaimed water service from the Utility;
WHEREAS,the Utility will cause to be constructed and to pay all costs associated with the
incorporation of design and construction of the potable water main extension, sanitary forcemain
extension and a reclaimed water main extension within easements to be provided by Owner adjacent
to the right of way of the proposed Brannan Mill Boulevard, all in accordance with that certain
Interlocal Agreement dated December 13, 2017 between Clay County Board of County
Commissioners ("County") and Utility, a copy of which is attached hereto as Exhibit "E"
("Interlocal Agreement");
WHEREAS it is the intent of the Utility to ultimately serve the entire Property with water,
wastewater water and reclaimed water service,consisting of approximately 354 acres of developable
uplands as shown on the Site Plan; 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 and reimbursement to Utility of the actual cost
thereof.
NOW,THEREFORE,for and in consideration ofthe premises,the mutual undertakings and
agreements herein contained and assumed,Owner and Utility hereby covenant and agree as follows:
I. 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) "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. Owner represents and warrants that Owner is the owner of the
Property and has the legal right to grant the easements and exclusive rights of service contained in
this Agreement. Upon request, Owner agrees to deliver to Utility evidence of such ownership
including any outstanding mortgages, taxes, liens and covenants.
4. On-Site Installations. On-site facilities are those Phase I water, wastewater and
reclaimed water facilities to be located within the Property. Under the Interlocal Agreement,Utility
will pay for the installation of all, Phase I trunk mains running within the defined easements
identified in Exhibit"D", on-site water and wastewater and reclaimed water lines, road crossings,
mains, pump stations and appurtenant facilities(collectively referred to as "Infrastructure")on the
Property. All other infrastructure shall be installed under separate developer agreement(s).
5. Infrastructure Costs. Owner hereby agrees to cause to be refunded to Utility as
development occurs within Phase I the actual cost of the installation of the Infrastructure estimated
as follows:
(a) Main Extension Charge - Water $ 505,496.23 *
(b) Main Extension Charge— Wastewater $ 874,621.23 *
(c) Main Extension Charge - Reclaimed Water $ 442,371.23 *
(d) Plan Review Charge $ 539.00 **
(e) Inspection Charge $ 3,465.00 **
Estimated Total Infrastructure Costs $ 1,826,492.69 ***
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* - The charges shown 111 it cost
incurred for the Phas --- --wed in
this Agreement is pa I y — �G _ `� �/ -I ercial/
retail and multi-famil
** - The Plan Review am of the
Brannan Mill Boulez
***- See paragraph 6, for
Any user or consum_ ___ gall be
obligated to pay all meter al )r bills
rendered by Utility for such
6. Reimbursemr — — — ------- -- ructure
Costs incurred for Phase I a charge
based on the actual costs inc_ -- — — I. For
purposes of this calculation, :xecute
an amendment to this Agre, v is for
illustration purposes only. y is as
proposed. The cost per acre --- — — 'om the
Owner to a buyer or other transreree.
Due to Utility:
The total Infrastructure Costs to design, permit and install the water, $1,826,492.69
wastewater and reclaimed water main extension cost(Phase I)
NOTE: This is subject to adjustment for final project cost.
Phase I Acres (see Exhibit"B") 186.44
Cost Per Acre $9,796.68
Utility will be reimbursed up to the total cost incurred for the Infrastructure Costs, together with
interest thereon,which the Clay County Utility Authority's Board of Supervisors must ratify based
upon Utility's average weighted cost of capital, which is annually adjusted by its Board of
Supervisors and published in the annual Rate Resolution(FY 16/17 rate is 3.12%per annum).This
Agreement shall be for a period of twenty-five(25)years, from the date hereof,with all remaining
cost due at the end of the twenty-five(25)year period. Owner further agrees that the Infrastructure
Costs and interest charges required to be reimbursed as described herein to Utility shall be a valid
and subsisting lien against the Phase I only, and notwithstanding any contrary provision contained
herein,that the same shall not be extinguished or satisfied by any transfer ofthe interest of Owner in
Phase 1 or any portion thereof,whether by sale or mortgage foreclosure,or otherwise,except in the
event of payment to Utility as provided for herein. Owner agrees to notify its mortgagee and any
successor owner of all or any part of Phase I of the existence of this lien on Phase I in favor of
Utility. This lien shall not constitute a personal obligation of Owner.
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7. Agreement to Serve. Upon the completion of construction of the Infrastructure under
the Interlocal Agreement, 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 others 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 Acts of God.
8. Application for Service. Owner,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 in accordance with the then effective rules
and regulations of Utility and approval for such connection has been granted.
9. Exclusive Use Easements. In connection with the Infrastructure,Owner shall convey
to Utility such easements and/or rights-of-way covering all areas in which water, wastewater and
reclaimed facilities of the Infrastructure are installed, with adequate legal access to same, by
recordable documents in form satisfactory to Utility. Owner shall execute and deliver to Utility all
such easements and/or rights-of-way prior to,and as a condition precedent to,Utility's payment of
its share of construction costs, exclusive of initial engineering costs, to the County under the
Interlocal Agreement, and prior to commencement of construction of the Phase I Infrastructure as
described in Paragraph 15, below. Owner 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 Owner, 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.Owner shall convey to Utility two
15' wide easements adjacent to the right-of-way on each side of the main access loop road as
illustrated in the Site Plan. Utility hereby agrees that all easements granted to Utility 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. Owner agrees that all potable water,
reclaimed water, and wastewater facilities constructed by Utility in connection with providing
potable water, reclaimed water and wastewater Service 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. Owner 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 Service to the Property. Utility shall have the
sole and exclusive right and privilege to provide potable water, wastewater and reclaimed water
Service to the Property and to the occupants of such residence,building or unit constructed thereon.
12. Rates and Rules. Utility agrees that the rates to be charged to Owner 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 any person connected to
the system and 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 any person to the lines, of the Utility, such person
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. Right of Inspection. Utility shall at all reasonable times and hours,have the right of
inspection of the internal lines and facilities constructed upon the Property. This provision shall be
binding on the successors and assigns of the Owner.
15. Commencement of Construction. The construction of the Phase I Infrastructure shall
be commenced upon commencement of construction of the road within the Phase I portion of the
Property as described in the Interlocal Agreement.
5
16. Landscaping Within Easements. Landscaping(new or existing)for this project shall
not include the planting of any trees within any easement for the water, wastewater or reclaimed
mains that Utility will own and maintain, and Owner agrees to adhere to all of Utility's rules and
regulations regarding the installation of root barrier when required.
17. Sidewalks Within Easements. The road cross-section,utility placement,and sidewalk
placement used within the Property,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 Owner to Utility
and the Clay County Engineering Department, and shall be approved by them prior to
commencement of construction.
18. Compliance With Re-Use Policy. Owner 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"), attached
hereto as Exhibit"C",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. All irrigation contractors employed by any person 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. 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.
19. No Wells. No wells shall be permitted within or upon the Property for any reason.
20. No Mechanic's Liens. Utility shall not suffer or permit any mechanic's liens to be
filed against Owner's interest in the Property by reason of any work, labor, services or materials
supplied or claimed to have been supplied to Utility.Nothing in this Agreement shall be construed as
constituting the consent of Owner,express or implied,by inference or otherwise,to any contractor,
subcontractor, sub-subcontractor, laborer or materialman for the performance of any labor or the
furnishing of any materials for any specific improvement,alteration or repair of or to the Property or
any part thereof, nor as giving Utility any right, power or authority to contract for or permit the
rendering of any services or the furnishing of any materials that would give rise to the filing of any
mechanic's liens against Owner's interest in the Property.Moreover,Utility shall not be deemed to
be the agent of Owner,so as to confer upon any"Lienor"(as defined in the Florida Mechanics' Lien
Law, Florida Statutes, Chapter 713 [2016], as same may be amended from time to time) a
mechanic's lien upon Owner's estate in the Property.
6
21. Run With Land;Partial Release. This Agreement shall run with the land,and shall be
recorded in the Public Records of the county where the Property is located. If Phase I is sold, the
balance of the infrastructure costs then outstanding shall become immediately due and payable at the
date of closing. Upon receipt of such payment, Utility shall issue a satisfaction or a partial release
for the portion of Phase I for which the per acreage fee was paid and shall provide the Owner or the
then current owner of the affected released portion of Phase I with instructions for recording the
satisfaction or partial release in the Public Records of the appropriate county.The obligation to pay
to Utility the Infrastructure Costs shall not constitute an encumbrance against any portion of the
Property other than Phase I.
22. Additional Opportunities. The Utility will negotiate from time to time and present to
the Utility's Board of Supervisors for consideration and approval of future amendments to this
Agreement for the development of the Property. The Utility has the option to review their
willingness and ability to undertake additional opportunities in future phases of the Property to
encourage sound capital improvement and expand and strengthen the Utility's water,wastewater and
reclaimed water system.
MISCELLANEOUS PROVISIONS
23. Survival. The rights,privileges,obligations and covenants of Owner and Utility shall
survive the completion of the work with respect to completing the facilities and services to any
development phase and to the Property as a whole.
24. Final Agreement. This Agreement supersedes all previous agreements or
representations,either verbal or written,heretofore in effect between Owner and Utility,made with
respect to the matters herein contained,and when duly executed,constitutes the agreement between
Owner 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.
25. Singular and Gender. 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.
26. Approvals. 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.
27. No Waiver. 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.
28. Binding Effect of Agreement. This Agreement shall be binding upon and shall inure
to the benefit of Owner,Utility and their respective assigns and successors by merger,consolidation,
conveyance or otherwise. Any assignment or transfer by Owner other than the sale of the Property
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 Owner as
set forth in this Agreement.
7
29. 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 overnight delivery,and if
to Owner, shall be mailed or delivered to Owner at:
Kenneth E. Smallwood
BFC Partnership
PO Box 2211
Orange Park, Florida 32067
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.
30. Governing Law. 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.
31. Costs and Attorney's Fees. In the event the Utility or Owner 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.
32. 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.
8
IN WITNESS WHEREOF,Owner and Utility have executed this Agreement,with the named
Exhibits attached,in several counterparts,each of which counterpart shall be considered an original
executed copy of this Agreement.
WITNESSES: OWNER:
BFC PARTNERSHIP,LIMIT ,
a Florida imited partnership
64,7 , PgApreit: 13y. 4__
Anio.----A/mer,
Ke neth E.Small od,Ge eral Partner
Prin me
rint Name hS A e- lam't 0-s77 70
STATE OF r-:/..-0'G[(DA
COUNTY OF e c.,,,,/
The foregoing instrument was acknowledged before me this Ike-`day of f e("'4k'7,
2017, by Kenneth E. Smallwood, as General Partner of BFC PARTNERSHIP, LIMITED, a
Florida limited partnership, who is personally known to me
n t tc n.
4v/
anted N e LC
Notary Public, tate of Florida at Large
My Commission Expires:
— —
0 eo k,,,,,, GRADY H.WILLIAMS JR.
.143 A (A NotaryPublic-State of Florida
Commission #FF 967059
1 -B.-%�7- .o$ My Comm.Expires Jun 23,2020
1 '�° ' ' Bonded through National Notary Assn. 0
9
I
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
I .
4.Vi . - , i 4/L/Ai_ 410-"%"------t(2--
P rin i - 1 muslin 44 ' • Tom Morris, Executive Director
4„,,,,;_.. , ,
.rint Name /— ' ' • 12.1-ST7 (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me this 7 day of 64%.(4-"
2017,by Tom Morris,as Executive Director of CLAY COUNTY UTILITY AUTHORITY',who
is personally known to me.
rated me ("/. fi/dr4 G C/iYl«Notary ublic, e of Florida at Large
My Commission Expires:
- - - -
ki, GRADY H.WILLIAMS JR.
:° A s'= NotaryPublic-State of Florida I
Commission#FF 967059
"%,,���- o`; My Comm.Expires Jun 23,2020 `
4 �''4O,�vss Bonded through National Notary Assn. P
10
WATER,WASTEWATER AND RECLAIMED WATER
INFRASTRUCTURE FOR PHASE I OF THE
IMPROVEMENT OF BRANNAN MILL BOULEVARD
Parcel 20-04-25-007968-000-00 &29-04-25-008064-000-00
EXHIBIT "A"
PROPERTY
A parcel of land consisting of a portion of Sections 20 and 29,Township 4 South,Range
25 East,Clay County,Florida,said parcel being more particularly described as follows:
Begin at the northeast corner of said Section 29(also being the southeast corner of said
Section 20);thence on the east line thereof South 00 degrees 06 minutes 43 seconds
East,2705,04 feet to the north line of the Northeast 1/4 of the Southeast 1/4 of said
Section 29;thence on said north line South 89 degrees 27 minutes 08 seconds West,
1826.50 feet;thence North 00 degrees 09 minutes 07 seconds West, 397..61 feet;thence
South 89 degrees 27 minutes 08 seconds West,2150.05 feet;thence South 00 degrees 09
minutes 07 seconds East,651.30 feet;thence South 89 degrees 50 minutes 53 seconds
West,708.00 feet to a east line of those lands described in Official Records Book 1402,
page 2002;thence on the boundaries of said lands run the following 8 courses:
(1)North 00 degrees 09 minutes 07 seconds West,900.00 feet;(2)South 89 degrees 50
minutes 53 seconds West, 130.00 feet;(3)North 00 degrees 09 minutes 07 seconds
West,2142.18 feet;(4)North 00 degrees 31 minutes 08 seconds West,2159,55 feet,(5)
North 89 degrees 28 minutes 52 seconds East,218.00 feet;(6)North 00 degrees 31
minutes 08 seconds West, 1000.00 feet;(7)South 89 degrees 28 minutes 52 seconds
West,218.00 feet;(8)North 00 degrees 31 minutes 08 seconds West,2200.02 feet to the
north line of said Section 20;thence on said north line South 89 degrees 25 minutes 42
seconds East,878.01 feet to an existing concrete monument;thence continue on said
north line South 89 degrees 27 minutes 13 seconds East, 1273.00 feet to the east line of
the Northwest 1/4 of said Section 20;thence on said east line South 00 degrees 36
minutes 14 seconds East,2670.62 feet to the south line of the Northeast 1/4 of said
Section 29;thence on said south line South 89 degrees 20 minutes 00 seconds East,
1337.78 feet to the west line of the Southeast 1/4 of the Northeast 1/4 of said Section 20;
thence on said west line North 00 degrees 25 minutes 31 seconds West, 1339.67 feet to
the north line thereof,thence on said north line South 89 degrees 31 minutes 18 seconds
Fast, 1341.63 feet to the east line of said Section 20;thence on said east line South 00
degrees 14 minutes 13 seconds East,4024.10 feet to the point of beginning.
Ban 752.04 aura,more or less,in area
11
Exhibit'B'
MAP OF
A parcel of land consisting of a portion of Section 20 and 29. Township 4 South. Range 25 East. Clay County. Florida.
said parcel being more particularly described as follows,
Begin at the northwest corner of the Southeast 1/4 of Section 20; thence run North 89 degrees 45 minutes 40
seconds West. 754.87 feet; thence North 28 degrees 22 minutes 54 seconds West. 1187.12 feet to the southeast
corner of those lands described in Official Records Book 2109. page 691 of the public records of said county:
thence on the south line thereof. South 89 degrees 28 minutes 52 seconds West. 845.00 feet to the east line of
State Road No. 23 (Brannan Field Road); thence on said east line. South 00 degrees 25 minutes 21 seconds East.
334.11 feet to to the northwesterly line of those lands described In Official Records Book 3308. page 177 of said
public records; thence on the boundaries thereof. run the following 4 courses, 1) North 53 degrees 29 minutes 06
seconds East. 333.05 feet; 2) North 89 degrees 19 minutes 22 seconds East. 30.00 feet: 3) South 00 degrees
40 minutes 38 seconds East. 400.00 feet; 4) South 89 degrees 19 minutes 03 seconds West. 82.00 feet to said
east line of State Road No. 23; thence on said east line. South 00 degrees 31 chutes 08 seconds East. 1000.00
feet; thence continue on said east line. South 89 degrees 28 chutes 52 seconds West. 218.00 feet; thence
continue on said east line South 00 degrees 31 minutes 08 seconds East. 2159.55 feet to the south line of said
Section 20; thence continue on said east line. South 00 degrees 09 chutes 07 seconds East. 709.76 feet; thence
North GO degrees 58 minutes 42 seconds East. 2551.42 feet) thence South 89 degrees 45 minutes 57 seconds East.
1230.16 feet; thence North 48 degrees 51 minutes 17 seconds East. 699.09 feet: thence North G6 degrees 10
minutes 11 seconds East. 897.82 feet to the east line of said Section 20; thence on said east line. North 00
degrees 14 chutes 13 seconds West. 1629.77 feet; thence South 76 degrees 24 minutes 22 seconds West. 1374.30
feet to the north line of said Southeast 1/4 of Section 20; thence on said north line. North 89 degrees 45 minutes
40 seconds West. 1337.60 feet to the point of beginning.
For, BEG Partners
Scale 1' = 800' February 1. 2017
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HAROLD T.ELAND
Note. License No.LS 2510
1N.nes,.es ereetred for dewptive purposes EILAND t ASSOCIATES,INC.
0 oey eel does not represent en baud sirvey.
Pl-oFesslonal Surveyors 4 Mappers
GertlfIcate of Authorization No.LB 1361
1L 615 BLANDING BOULEVARD
1L ORANGE PARK,FLORIDA 32065
Fld. Book Job No. 31653-B
EXHIBIT "C"
REUSE POLICY
Page 1 of 3
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.
13
EXHIBIT "C"
REUSE POLICY
Page 2 of 3
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse
Water When it is Available -All developments occurring after the effective date ofthis 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.
(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 oftime 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.
14
i
EXHIBIT "C"
REUSE POLICY
Page 3 of 3
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 Owner'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.
15
Record&Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
Parcel No.20-04-25-007968-000-00
&29-04-25-008064-000-00
Clay County
AMENDED AND RESTATED
WATER, WASTEWATER AND RECLAIMED WATER INFRASTRUCTURE
FOR PHASE I OF THE IMPROVEMENT OF BRANNAN MILL BOULEVARD
(Clay Utility System)
Name of Project
AMENDED AND RESTATED AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT, made and entered into as of the
day ofiJAflUkRy .2024,by and between BFC PARTNERSHIP,LIMITED,a Florida
Limited Partnership, hereinafter referred to as "OWNER," 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, Owner owns the lands located in Clay County, Florida, more particularly
described on Exhibit"A"attached hereto ("Property"); and
WHEREAS, the purpose of this Agreement is to amend and restate the agreement titled
Water, Wastewater, and Reclaimed Water Infrastructure for Phase 1 of the Improvement of Brannan
Mill Boulevard between BFC Partnership,Limited and the Utility,dated February 7,2017,recorded
in Official Records Book 3943,pages 170 through 202 of the public records of Clay County,Florida
(the"Agreement")to reflect the Utility's fulfillment of its obligation to install utility infrastructure
in accordance with the provisions of the original Agreement. Additionally, this Agreement will
amend and modify the property specifically described in Exhibit"B"("Phase 1-Area of Benefit"),
defined and befitting area known as Phase 1, for the purpose of the Utility's Reimbursement for
Infrastructure Cost and per acre charge calculation.
WHEREAS, both parties agree that this Amended and Restated Agreement will replace the
prior Agreement, except for those parcels purchased prior to the date of this Agreement,which are
now subject to the application and legal terms and provisions of their own separate Developer
Agreements, which shall be unaffected hereby, as referenced below.
(1) Parcel No. 20-04-25-007968-004-00, Developer Agreement between Water Ade
Properties, LLC and Clay County Utility Authority, dated February 26, 2021,
recorded in Official Records Book 4424, pages 1996 through 2014 of the public
records of Clay County, Florida.
(2) Parcel No. 20-04-25-007968-005-00, Developer Agreement between Pointe Grand
Challenger, LLC, and Clay County Utility Authority, dated March 22, 2023,
recorded in Official Records Book 4709,pages 239 through 255 ofthe public records
of Clay County, Florida.
(3) Parcel No. 20-04-25-007968-006-00, Developer Agreement between Challenger
Center 244, LLC and Clay County Utility Authority, dated November 3, 2023,
recorded in Official Records Book 4775, pages 1087 through 1101 of the public
records of Clay County, Florida.
NOW,THEREFORE,for and in consideration of the premises,the mutual undertakings and
agreements herein contained and assumed,Owner 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) "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. Owner represents and warrants that Owner is the owner of the
Property and has the legal right to grant the easements and exclusive rights of service contained in
this Agreement. Upon request,the Owner agrees to deliver to Utility evidence of such ownership,
including any outstanding mortgages, taxes, liens, and covenants.
4. On-Site Installations.
Utility has satisfied its obligation to design,permit,and install the water,wastewater,and reclaimed
water mains,as agreed to in the original Agreement.All other infrastructure,or service connections
to existing or future infrastructure, shall be installed under separate agreement(s).
5. Infrastructure Costs. Owner hereby agrees to reimburse to Utility as development
occurs the actual cost of the installation of the infrastructure as shown below:
(a) Main Extension Charge - Water $ 505.496.23 *
(b) Main Extension Charge—Wastewater $ 874.621.23 *
(c) Main Extension Charge- Reclaimed Water $ 442.371.23 *
(d) Plan Review Charge $ 539.00
(e) Inspection Charge $ 3,465.00
Total Infrastructure Costs funded by Utility $ 1,826,492.69 **
2
* - The charges shown here are based on the Utility's actual cost incurred for the Phase I
Infrastructure("Infrastructure Costs"). The Property included in this Agreement is part of
the Branan Field Master Plan being developed as commercial/retail and multi-family
developments.
** - See paragraph 6, for further explanation and reimbursement conditions.
Any user or consumer of potable water, reclaimed water, or wastewater services shall be
obligated to pay all meter and connection fees and shall not be entitled to offset any bill or bills
rendered by the Utility for such service or services against the connection charges paid.
6. Reimbursement for Infrastructure Costs. In order to recover the actual Infrastructure
Costs incurred by the Utility for Phase I,as shown in Section 5 above,the Utility will be paid a per-
acre charge based on the actual costs incurred divided by the number of developable acres within the
redefined Phase I, as shown on Exhibit "B". Utility's estimate shown below is for illustration
purposes only and does not reflect annual interest charges,defined below;however,the methodology
is as proposed. The cost per acre charge is due and payable upon the transfer of the Property from
the Owner to a buyer or other transferee.
Due to Utility:
The total Infrastructure Costs to design, permit, and install the water,
wastewater, and reclaimed water main extension cost (Phase I)
$1,826,492.69
Original Acres (Phase 1) 186.44
Infrastructure Cost Less Reimbursements Received To-Date $1,451,410.60
Revised Phase 1 Acres (Identified in Exhibit"B") 237.96
Approximate Cost Per Acre $6,099.39
Utility will be reimbursed up to the total cost incurred for the Infrastructure Costs, together with
interest thereon,which the Clay County Utility Authority's Board of Supervisors must ratify based
upon Utility's average weighted cost of capital, which is annually adjusted by its Board of
Supervisors and published in the annual Rate Resolution(FY 23/24 rate is 3.69%per annum).This
Agreement shall be for a period of twenty-five(25)years from the date of the original agreement of
February 7,2017,with all remaining costs due at the end of the twenty-five(25)year period. Owner
further agrees that the Infrastructure Costs and interest charges required to be reimbursed as
described herein to Utility shall be a valid and subsisting lien against the Phase I property described
in Exhibit"B",and notwithstanding any contrary provision contained herein,that the same shall not
be extinguished or satisfied by any transfer of the interest of Owner in Phase I or any portion thereof,
whether by sale or mortgage foreclosure or otherwise, except in the event of payment to Utility as
3
provided for herein. Owner agrees to notify its mortgagee and any successor owner of all or any part
of Phase I of the existence of this lien on Phase I in favor of Utility. This lien shall not constitute a
personal obligation of the Owner.
7. Agreement to Serve. Service is contingent upon 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 others 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 Acts of God. As previously stated, All other infrastructure, or service
connections to existing or future infrastructure, shall be installed under separate agreement(s).
8. Application for Ser%ice. Owner,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 in accordance with the then effective rules
and regulations of Utility and approval for such connection has been granted.
9. Exclusive Use Easements. Owner shall hereby grant and give 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 Owner, 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. Utility hereby agrees that all
easements granted to Utility 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.
10. Utility's Exclusive Right to Utility Facilities. Owner agrees that all potable water,
reclaimed water, and wastewater facilities constructed by Utility in connection with providing
potable water, reclaimed water and wastewater Service 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
4
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. Owner 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 Service to the Property. Utility shall have the
sole and exclusive right and privilege to provide potable water, wastewater and reclaimed water
Service to the Property and to the occupants of such residence,building or unit constructed thereon.
12. Rates and Rules. Utility agrees that the rates to be charged to Owner 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 any person connected to
the system and 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 any person to the lines, of the Utility, such person 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. Right of Inspection. Utility shall at all reasonable times and hours,have the right of
inspection of the internal lines and facilities constructed upon the Property. This provision shall be
binding on the successors and assigns of the Owner.
15. Commencement of Construction. Utility has satisfied its obligation to design,permit,
and install the water,wastewater,and reclaimed water mains,as agreed to in the original Agreement,
titled Water, Wastewater, and Reclaimed Water Infrastructure for Phase 1 of the Improvement of
Brannan Mill Boulevard between BFC Partnership,Limited and the Utility,dated February 7,2017,
recorded in Official Records Book 3943, pages 170 through 202 of the public records of Clay
County, Florida. Any future commencement of construction shall be installed under separate
developer agreement(s).
16. LandscapinLII Within Easements. Landscaping(new or existing)for this project shall
not include the planting of any trees within any easement for the water, wastewater or reclaimed
5
mains that Utility will own and maintain. Owner agrees to adhere to all of Utility's rules and
regulations regarding the installation of root barrier when required.
17. Sidewalks Within Easements. The road cross-section,utility placement,and sidewalk
placement used within the Property,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 Owner to Utility
and the Clay County Engineering Department and shall be approved by them prior to
commencement of construction.
18. Compliance With Re-Use Policy. Owner 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"), attached
hereto as Exhibit"C",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. All irrigation contractors employed by any person 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. 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.
19. No Wells. No wells shall be permitted within or upon the Property for any reason.
20. No Mechanic's Liens. Utility shall not suffer or permit any mechanic's liens to be
filed against Owner's interest in the Property by reason of any work, labor, services or materials
supplied or claimed to have been supplied to Utility.Nothing in this Agreement shall be construed as
constituting the consent of Owner,express or implied,by inference or otherwise,to any contractor,
subcontractor, sub-subcontractor, laborer or materialman for the performance of any labor or the
furnishing of any materials for any specific improvement,alteration or repair of or to the Property or
any part thereof, nor as giving Utility any right, power or authority to contract for or permit the
rendering of any services or the furnishing of any materials that would give rise to the filing of any
mechanic's liens against Owner's interest in the Property. Moreover,Utility shall not be deemed to
be the agent of Owner,so as to confer upon any"Lienor"(as defined in the Florida Mechanics' Lien
Law, Florida Statutes, Chapter 713 [2016], as same may be amended from time to time) a
mechanic's lien upon Owner's estate in the Property.
21. Run With Land.Partial Release. This Agreement shall run with the land and shall be
recorded in the Public Records of the County where the Property is located. If Phase I is sold, the
6
balance of the infrastructure costs then outstanding shall become immediately due and payable at the
date of closing. Upon receipt of such payment, Utility shall issue a satisfaction or a partial release
for the portion of Phase I for which the per acreage fee was paid and shall provide the Owner or the
then current owner of the affected released portion of Phase I with instructions for recording the
satisfaction or partial release in the Public Records of the appropriate County.The obligation to pay
to Utility the Infrastructure Costs shall not constitute an encumbrance against any portion of the
Property other than Phase I.
22. Additional Opportunities. The Utility will negotiate from time to time and present to
the Utility's Board of Supervisors for consideration and approval of future amendments to this
Agreement for the development of the Property. The Utility has the option to review their
willingness and ability to undertake additional opportunities in future phases of the Property to
encourage sound capital improvement and expand and strengthen the Utility's water,wastewater and
reclaimed water system.
MISCELLANEOUS PROVISIONS
23. Survival. The rights,privileges,obligations and covenants of Owner and Utility shall
survive the completion of the work with respect to completing the facilities and services to any
development phase and to the Property as a whole.
24. Final Agreement. This Agreement supersedes all previous agreements or
representations,either verbal or written,heretofore in effect between Owner and Utility,made with
respect to the matters herein contained,and when duly executed,constitutes the agreement between
Owner 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.
25. Singular and Gender. 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.
26. Approvals. 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.
27. No Waiver. 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.
28. Binding Effect of Agreement. This Agreement shall be binding upon and shall inure
to the benefit of Owner,Utility and their respective assigns and successors by merger,consolidation,
conveyance or otherwise. Any assignment or transfer by Owner other than the sale of the Property
shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee
7
or transferee shall acknowledge in writing that it assumes the duties and responsibilities of Owner as
set forth in this Agreement.
29. 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 overnight delivery,and if
to Owner, shall be mailed or delivered to Owner at:
Kenneth E. Smallwood
BFC Partnership, Limited
P.O. Box 2211
Orange Park, Florida 32067
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.
30. Governing Law. 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.
31. Costs and Attornev's Fees. In the event the Utility or Owner 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.
32. 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.
8
IN WITNESS WHEREOF,Owner and Utility have executed this Agreement,with the named
Exhibits attached,in several counterparts,each of which counterpart shall be considered an original
executed copy of this Agreement.
WITNESSES: OWNER:
BFC PARTNERSHIP,LIMITED,
a Florida limited partner
(7) el By:
PMnt Name :.Q,� L enneth E. Smallwoo eneral Partner
t Name &;44-.
STATE OF 7 Lorr
COUNTY OF e`0,8)
The foregoing instrument was acknowledged before me by means of❑physical presence or❑online
notarization this.2 S day of t.Jc ne,A ,2024,by KENNETH E. SMALLWOOD, as
GENERAL PARTNER of BFC PARTNERHIP L D,a Florida limited partnership,who
is personally known to me or who has produced /, - ,
as identification. ,.
Printed Name a nn • ,;.1%
Notary Public, State elf Florida at L ge
My Commission Expires: ► ita /ate
MARY LYNN SMITH
°n Notary Public
State of Florida
�t•:r Comm#HH202774
:E\S'° Bcpires 11/29/2025
9
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
By:
Print Name Jeremy D. Johnston, P.E., M.B.A.
Executive Director
Print Name (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of E physical presence or❑online
notarization this day of , 2024, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally
known to me or who has produced , as identification.
Printed Name
Notary Public, State of Florida at Large
My Commission Expires:
10
WATER,WASTEWATER AND RECLAIMED WATER
INFRASTRUCTURE FOR PHASE I OF THE
IMPROVEMENT OF BRANNAN MILL BOULEVARD
Parcel 20-04-25-007968-000-00 & 29-04-25-008064-000-00
EXHIBIT "A"
PROPERTY
A pared of land consisting ofa portion of Sections 20 and 29,Township 4 South,Range
25 East,Clay County,Florida,said parcel being more particularly described as ibllows:
Begin at the northeast corner of said Section 29(also being the southeast corner ofsaid
Section 20k thence on the east line thereof South 00 degrees 06 minutes 43 seconds
East,2705.04 feet to the north line oldie Northeast 1/4 of the Southeast 114 of said
Section 29;thence on said north line South 89 degrees 27 minutes 08 seconds West,
1826.50 feet thence North 00 degrees 09 minutes 07 seconds West,397.61 feet;thence
South 89 degrees 27 minutes 08 seconds West,2150.05 feet;thence South 00 degrees 09
minutes 07 seconds East,65130 feet;thence South 89 degrees 50 minutes 53 seconds
West,708.00 feet to a east line of those lands described in Official Records Book 1402,
page 2002;thence on the boundaries of said lands run the following 8 courses:
(1)North 00 degrees 09 minutes 07 seconds West,900.00 feet;(2)South 89 degrees 50
Minas 53 seconds West, 130.00 feet;(3)North 00 degrees 09 minutes 07 seconds
West, 2142.18 feet(4)North 00 degrees 31 minutes 08 seconds West,2159.55 feer,(5)
North 89 degrees 28 minutes 52 seconds East,218.00 feet(6)North 00 degrees 31
minutes 08 seconds West, 1000.00 felt;(7)South 89 degrees 28 minutes 52 seconds
West,218.00 feet;(8)North 00 degrees 31 minutes 08 seconds West,2200.02 feet to the
north line of said Section 20; thence on said north lime South 89 degrees 25 minas 42
seconds East,878.01 feet to an existing concrete monument;thence continue on said
with line South 89 degrees 27 minutes 13 seconds East, 1273.00 feet to the cast line of
the Northwest 1/4 of said Section 20;thence on said east line South 00 degrees 36
minutes 14 seconds East,2670.62 feet to the south line of the Northeast 1/4 of said
Section 29;thence on said south line South 89 degrees 20 mimes 00 seconds East,
1337.78 feet to the west lute of the Southeast 1/4 of the Northeast 1/4 of said Section 20;
thence on said west line North 00 degrees 25 minutes 31 seconds West. 1339.67 feet to
the north line thereof; thence on said north line South 89 degrees 31 minutes 18 seconds
East, 1341.63 feet to the east line of said Section 20;thence on said east line South 00
degrees 14 minutes 13 seconds East,4024.10 feet to the point of beginning.
Dein 75244 acres,mono or Ica,is aae
11
EXHIBIT "B"
1 of 2
PHASE I
Area of Benefit
A parcel of land consisting of a portion of Sections 20 and 29, Township 4 South, Range
25 East, Clay County, Florida, said parcel being more particularly described as follows:
Begin at the northwest corner of those lands described in Official Records Book 4573,page 6
of the public records of said county, said corner situated in the east line of State Road No. 23
(Branan Field Road); thence on said east line, North 00 degrees 31 minutes 08 seconds West,
1271.53 feet; thence North 89 degrees 28 minutes 52 seconds East, 380.00 feet; thence South 00
degrees 31 minutes 08 seconds East, 770.26 feet to the north line of Brannan Mill Boulevard(also
known as Atlantis Drive); thence easterly, on said north line and along the arc of a curve concave
northerly and having a radius of 1950.00 feet, an arc distance of 126.17 feet, said arc being
subtended by a chord bearing and distance of North 85 degrees 33 minutes 29 seconds East, 126.14
feet; thence continue on said north line,North 83 degrees 42 minutes 16 seconds East, 1917.47 feet;
thence continue on said north line and along the arc of a curve concave southeasterly and having a
radius of 1050.00 feet, an arc distance of 953.40 feet, said arc being subtended by a chord bearing
and distance of South 70 degrees 17 minutes 00 seconds East,920.98 feet; thence North 45 degrees
43 minutes 44 seconds East, 119.55 feet; thence northerly,along the arc of a curve concave westerly
and having a radius of 475.00 feet an arc distance of 255.65 feet, said arc subtended by a chord
bearing and distance of North 30 degrees 18 minutes 38 seconds East,252.57 feet; thence North 14
degrees 53 minutes 31 seconds East, 271.46 feet; thence North 78 degrees 09 minutes 37 seconds
West, 1123.77 feet; thence North 00 degrees 00 minutes 00 seconds West, 567.86 feet; thence
South 89 degrees 20 minutes 00 seconds East, 1019.24 feet; thence North 00 degrees 25 minutes 31
seconds West, 1339.67 feet; thence South 89 degrees 31 minutes 18 seconds East, 1341.63 feet to
the east line of said Section 20; thence on said east line, South 00 degrees 14 minutes 13 seconds
East,3820.02 feet; thence South 87 degrees 58 minutes 58 seconds West,522.64 feet; thence South
37 degrees 15 minutes 39 seconds West, 306.99 feet; thence South 80 degrees 16 minutes 38
seconds West,540.82 feet to the east line of said Brannan Mill Boulevard; thence on said east line,
South 00 degrees 45 minutes 37 seconds East, 218.00 feet; thence continue on said east line and
along the arc of a curve concave westerly and having a radius of 800.00 feet,an arc distance of 37.18
feet, said arc being subtended by a chord bearing and distance of South 00 degrees 34 minutes 16
seconds West, 37.18 feet; thence South 86 degrees 18 minutes 03 seconds West, 1511.39 feet;
thence North 00 degrees 00 minutes 57 seconds East, 550.56 feet; thence North 46 degrees 59
minutes 52 seconds East, 534.63 feet; thence North 12 degrees 38 minutes 55 seconds East,460.22
feet; thence South 89 degrees 50 minutes 53 seconds West, 1310.97 feet; thence South 00 degrees
09 minutes 07 seconds East, 335.13 feet; thence South 89 degrees 50 minutes 53 seconds West,
481.86 feet to the east line of said lands described in Official Records Book 4573,page 6; thence on
said east line, North 11 degrees 55 minutes 17 seconds East, 418.52 feet to the north line thereof;
thence on said north line, South 90 degrees 00 minutes 00 seconds West, 863.17 feet to the point of
beginning; being 237.96 acres, more or less, in area.
12
IS j7 1 IXtiitUT-Ir I 17
16
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CIE== MAP OF
A portion or Se2Ote 20 end 2.Tonisfip 4 S44111,Range 25 Ea0.
Clay County,Florida.
Forl Brcncnfleld Tmbar and In•nsanynl,LLG
ISine a.300' OecenOer&2023 w o
I GENERAL NOTESI. ��� ��
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ury y Greny Park Flonee 32005
Tehplgrn 40e•312-1000
EXHIBIT "C"
REUSE POLICY
Page 1 of 3
Effecth e 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.
14
EXHIBIT "C"
REUSE POLICY
Page 2 of 3
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 w ill 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.
(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.
15
EXHIBIT "C"
REUSE POLICY
Page 3 of 3
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 ofthe 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 Owner'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.
16
CFN#2017012684,OR BK:3952 PG: 857, Pages' /4, Recorded 3/14/2017 10:19 AM,Doc: E
TARO S.GREEN Clerk Circuit Court,Clay County,FL Rec: S35.50 Doc D: $0.70
Deputy Clerk HAMPSHIRET
EXHIBIT 'D'
SITE PLAN
ROAD AND EASEMENT SURVEY
1OF10
Prepared under the direction of,
Record and return to:
Crady H.Williams,Jr.,Esq.
do Clay County Unlit•Authority
3176 Old Jennings Road
fi Middlebury,Florida 32068-3907
GRANT OF EASEMENT
(Corporation) Parcel Nos.: 20-04-25-007968-000-00
&29-04-25-008064-000-00
Project Name: Brannan Mill/Challenger
Center Infrastructure
THIS INDENTURE,made this day o—f-fr2F-
.A.D. 6'BETWEEN BFC
PARTNERSHIP, LIMITED, a Florida limited partnership, whose aiiir._ address is P.O. Box 2211,
Orange Park,Florida 32067-2211, hereinafter called GRANTOR,and the CLAY COUNTY UTILITY
AUTHORITY,an independent special district and political subdivision of the State of Florida,existing and
created under Chapter 94-491,Laws of Florida,Special Acts of 1994,whose business address is 3176 Old
Jennings Road,Middleburg,Florida 32068-3907,hereinafter called GRANTEE.
WITNESSETH: That GRANTOR,for and in consideration of the sum of Ten Dollars(S 10.00)and
other good and valuable consideration to them in hand paid by GRANTEE,the receipt whereof is hereby
acknowledged, has granted, bargained, sold and conveyed to the GRANTEE, its successors and assigns
forever a non-exclusive right-of-way and easement with the right,privilege and authority to said GRANTEE,
its successors and assigns, to construct, operate, lay, maintain, improve andior associated equipment for
existing and future water,wastewater,and/or reclaimed water utilities,any or all,on,along,over,through,
across or under the following described land,situate in Clay County,Florida, to-wit:
See Exhibit "A" attached hereto and by reference made a part hereof.
TOGETHER,with the right of said GRANTEE,its successors and assigns,of ingress and egress,to
and over said above described premises, and for doing anything necessary or useful or convenient or
removing at any time any and all of said improvements upon,over, under or in said lands,together also with
the right and easements, privileges and appurtenances in and to said land which may he required for the
enjoyment of the rights herein granted. GRANTOR does hereby fully warrant the title to the Grant of
Easement described herein,and will defend the same against the lawful claims of all persons whomsoever.
BK: 3952 PG: 858
EXHIBIT 'D'
. 2 OF 10
IN WITNESS WHEREOF, the said GRANTOR has caused this instrument to be executed in its
name by its authorized officers and caused its Corporate Seal to be hereto affixed the day and year first
above written.
Signed and Sealed in our Presence: BFC PARTNERSHIP, LIMITE
a Flori limited partnership
Witness: 1 "'�"" By: ---t.g/ _ 7---------S-C---;
Print Name: Sandra . tansy neth E. Smallwood,
'NI aging General Partner
Witn s{
Print N . 'e "La r-rA-e`'
STATE OF FLORIDA
COUNTY OF CLAY
Ilit
2017
The foregoing instrument was acknowledged before me this I ay of
by KENNETH E.SMALLWOOD,as IVI,- ,A. GING GENERAL PARTNER of BFC PAR HIP,
LIMITED,a Florida limited partnership is personally known to me r has produced
as identifica mien.
I 3.__.0.41.0 ill C.?) Meat(
Print Name: !Was M.
Notary Pudic sew of Fora.
Notary Public in and for the
.T . Sandra M Blaney County and State Aforesaid
My Crampoon 175006 My Commission Expires:
i
i
l
1
1
Accepted on behalf of the Clay County Utility Authority.
By:
40,C1/6"---•----"--"--
Tom Morris, Executive Director
1
c
1
BK: 3952 PG: 859
EXHIBIT 'D'
3 OF 10
Exhibit"A"
Page 1 of 2
to Clay County Utility Authority
3176 Old Jennings Road
Middleburg,FL 32068
904-272-5999
LEGAL DESCRIPTION
CCUA EASEMENT NO 1
A PARCEL OF LAND CONSISTING OF A PORTION OF SECTION 20 AND 29, TOWNSHIP 4 SOUTH, RANGE 25 EAST, CLAY
COUNTY,FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST)' OF SAID SECTION 20; THENCE RUN SOUTH 89°28' 52"
�lES 335.59 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD)ACCORDING
TO OFFICIAL RECORDS BOOK 1402, PAGE 2002 (PART"E"AND "A") OF THE PUBLIC RECORDS OF SAID COUNTY, THENCE
ALONG SAID RIGHT-OF-WAY LINE, RUN THE FOLLOWING THREE(3)COURSES: (1) SOUTH 00°31'08"EAST,489 03 FEET;(2)
SOUTH 89°28' 52" WEST, 218 00 FEET; (3) SOUTH 00° 31' 08" EAST, 756 53 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 89° 28' 52" EAST, 309 58 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 1,935 00 FEET, RUN A CHORD DISTANCE OF 195 01 FEET TO THE
POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING NORTH 86°35'34"EAST;THENCE NORTH 83°42'
16"EAST,1,917.47 FEET TO A POINT OF CURVATURE;THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO
THE SOUTHWESTERLY AND HAVING A RADIUS OF 1,065 00 FEET, RUN A CHORD DISTANCE OF 1,577 11 FEET TO THE POINT
OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING SOUTH 48°31'40"EAST;THENCE SOUTH 00°45'37"
EAST,994.24 FEET TO A POINT OF CURVATURE;THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE
NORTHWESTERLY AND HAVING A RADIUS OF 81500 FEET, RUN A CHORD DISTANCE OF 857.14 FEET TO THE POINT OF
TANGENCY OF SAID CURVE, THE BEARING OF SAID CHORD BEING SOUTH 30°57'56" WEST; THENCE SOUTH 61°41' 29"
WEST, 454.54 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO
THE SOUTHEASTERLY AND HAVING A RADIUS OF 685 00 FEET, RUN A CHORD DISTANCE OF 395.09 FEET TO THE POINT OF
TANGENCY OF SAID CURVE, THE BEARING OF SAID CHORD BEING SOUTH 45°55' 48"WEST; THENCE SOUTH 29° 10' 06"
WEST, 856.47 FEET TO THE NORTHERLY LINE OF TRACT "C", WHISPER CREEK UNIT 5, ACCORDING TO PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES ^.9 THROUGH 24 OF THE PUBLIC RECORDS OF SAID COUNTY;THENCE ALONG SAID
LINE.SOUTH 89°27'08"WEST, 17.27 FEET TO THE NORTHWEST CORNER OF SAID TRACT"C",SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRANNAN MILL BOULEVARD, A 100 FOOT RIGHT-OF-WAY ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 49 THROUGH 53 OF THE PUBLIC RECORDS OF SAID COUNTY;THENCE
ALONG SAID RIGHT-OF-WAY.RUN THE FOLLOWING NINE(9)COURSES:(1)NORTH 29°10'06"EAST,865 04 FEET TO A POINT
OF CURVATURE; (2) NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEASTERLY AND HAVING A
RADIUS OF 700.00 FEET, RUN A CHORD DISTANCE OF 403 74 FEET TO THE POINT OF TANGENCY OF SAID CURVE. THE
BEARING OF SAID CHORD BEING NORTH 45° 55' 48" EAST; (3) NORTH 61° 41' 29" EAST, 454.54 FEET TO A POINT OF
CURVATURE, (4) NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWESTERLY AND HAVING A
RADIUS OF 800 00 FEET, RUN A CHORD DISTANCE OF 841.37 FEET TO THE POINT OF TANGENCY OF SAID CURVE. THE
BEARING OF SAID CHORD BEING NORTH 30° 57' 56" EAST; (5) NORTH 00° 45' 37" WEST, 994 24 FEET TO A POINT OF
CURVATURE: (6) NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWESTERLY AND HAVING A
RADIUS OF 1,050.00 FEET, RUN A CHORD DISTANCE OF 1,554.89 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE
BEARING OF SAID CHORD BEING NORTH 48° 31' 40"WEST; (7) SOUTH 83°42' 16"WEST, 1,917.47 FEET TO A POINT OF
CURVATURE; (B) WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF
1.950 00 FEET, RUN A CHORD DISTANCE OF 196.52 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF
SAID CHORD BEING SOUTH 86°35'34"WEST; (9) SOUTH 89°28'52"WEST, 309.58 FEET TO THE EASTERLY RIGHT-OF-WAY
LINE OF STATE ROAD NO.23(BRANNAN FIELD ROAD)ACCORDING TO OFFICIAL RECORDS BOOK 1402, PAGE 2002(PART"A")
OF THE PUBLIC RECORDS OF SAID COUNTY;THENCE ON LAST SAID RIGHT-OF-WAY LINE, NORTH 00°31'08"WEST, 15.00
FEET TO THE POINT OF BEGINNING
FEBRUARY 3,2017
` r;K LOP 'hi7 .
.r ....... .
PAGE 7OFEl : N8.LS7C0111: I�
x
NOTES - O•-rt '•
• STATE OF FQ
1 THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF FLORIDA .'
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FI ORIDA L.jam'' .
cp.
DEPARTMENT OF AGRICULTURE AND ,,s
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES IN CHAPTER 5J-17
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD) AS FLORIDAM ADMINISTRATIVE CODE, i
BENG SOUTH 00°31'08"EAST PURSUANT TO SECTION 472 027. FLORIDA
STATUTES, UNLESS OTHERWISE SHOWN FRANK LOPEZ
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STALED HEREON LICENSE NO LS(001
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN PROFESSIONAL SURVEYOR AND MAPPER
NOT VALID WITHOUT THE SIGNATURE AND CCUA SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3175 OLD JENNINGS ROAD
TITLE, THEREFORE, THERE COULD BE EASEMENTS COVENANTS AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE (904)213-2475
MAY NOT AFFECT THIS PARCEL
MOBILE {904)625-3123
BK: 3952 PG: 860
EXHIBIT 'D'
4 OF 10
Exhibit"A"
Page 2 of 2
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, FL 32068
904-272-5999
LEGAL DESCRIPTION
CCUA EASEMENT NO 2
A PARCEL OF LAND CONSISTING OF A PORTION OF SECTION 20 AND 29,TOWNSHIP 4 SOUTH RANGE 25 EAST,CLAY COUNTY,
FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST Y4 OF SAID SECTION 20;THENCE RUN SOUTH 89°28'52"WEST,
1,93659 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 23 (BRANNAN FIELD ROAD) ACCORDING TO
OFFICIAL RECORDS BOOK 1402, PAGE 2002(PART"E"AND"A")OF THE PUBLIC RECORDS OF SAID COUNTY;THENCE ALONG
SAID RIGHT-OF-WAY LINE, RUN THE FOLLOWING THREE(3)COURSES: (1)SOUTH 00°31'08"EAST,489 03 FEET; (2)SOUTH 89°
28'52"WEST,21800 FEET; (3)SOUTH 00°31' 08"EAST, 871 53 FEET THE SOUTHERLY RIGHT-OF-WAY LINE OF BRANNAN MILL
BOULEVARD, A 100 FOOT RIGHT-OF-WAY ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 49
THROUGH 53 OF THE PUBLIC RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING; THENCE ALONG SAID
RIGHT-OF-WAY LINE, RUN THE FOLLOWING NINE (9) COURSES: (1) NORTH 89° 28' 52" EAST, 309.58 FEET TO A POINT OF
CURVATURE;(2) EASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 2,050 00
FEET, RUN A CHORD DISTANCE OF 206.60 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD
BEING NORTH 86°35'34" EAST; (3)NORTH 83°42' 16"EAST, 1,917 47 FEET TO A POINT OF CURVATURE; (4)SOUTHEASTERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWESTERLY AND HAVING A RADIUS OF 950.00 FEET, RUN A CHORD
DISTANCE OF 1,406 81 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING SOUTH 48°31'
40" EAST; (5) SOUTH 00°45' 37"EAST, 994 24 FEET TO A POINT OF CURVATURE; (6) SOUTHWESTERLY ALONG THE ARC OF A
CURVE CONCAVE TO THE NORTHWESTERLY AND HAVING A RADIUS OF 700.00 FEET, RUN A CHORD DISTANCE OF 736 20 FEET
TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING SOUTH 30°57'56"WEST;(7)SOUTH 61°41'
29"WEST,454 54 FEET TO A POINT OF CURVATURE; (8) SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTHEASTERLY AND HAVING A RADIUS OF 800.00 FEET, RUN A CHORD DISTANCE OF 461.42 FEET TO THE POINT OF
TANGENCY OF SAID CURVE.THE BEARING OF SAID CHORD BEING SOUTH 45°55'48"WEST;(9)SOUTH 29°10'06"WEST,922 11
FEET TO THE NORTHEAST CORNER OF TRACT"B", WHISPER CREEK UNIT 3, ACCORDING TO PLAT THEREOF RECORDED IN
PLAT BOOK 40, PAGES 59 THROUGH 62 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE ON THE NORTHERLY LINE
THEREOF,RUN SOUTH 89°27'08"WEST,17 27 FEET;THENCE NORTH 29°10'06"EAST,930 67 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEASTERLY AND HAVING A RADIUS OF 815 00
FEET, RUN A CHORD DISTANCE OF 470 07 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD
BEING NORTH 45° 55' 48" EAST; THENCE NORTH 61° 41' 29" EAST, 454 54 FEET TO A POINT OF CURVATURE; THENCE
NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWESTERLY AND HAVING A RADIUS OF 685.00 FEET,
RUN A CHORD DISTANCE OF 720 42 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING
NORTH 30° 57' 56" EAST; THENCE NORTH 00° 45' 37" WEST. 994 24 FEET TO A POINT OF CURVATURE; THENCE
NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWESTERLY AND HAVING A RADIUS OF 935 00 FEET,
RUN A CHORD DISTANCE OF 1,38460 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF SAID CHORD
BEING NORTH 48° 31' 40" WEST; THENCE SOUTH 83° 42' 16" WEST, 1,91747 FEET TO A POINT OF CURVATURE; THENCE
WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 2,065.00 FEET, RUN A
CHORD DISTANCE OF 208 11 FEET TO THE POINT OF TANGENCY OF SAID CURVE,THE BEARING OF SAID CHORD BEING SOUTH
86°35'34"WEST;THENCE SOUTH 89°28'52"WEST,309.58 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.23
(BRANNAN FIELD ROAD)ACCORDING TO OFFICIAL RECORDS BOOK 1402.PAGE 2002(PART"A")OF THE PUBLIC RECORDS OF
SAID COUNTY;THENCE ON LAST SAID RIGHT-OF-WAY LINE,NORTH 00°31'08"WEST,15.00 FEET TO THE POINT OF BEGINNING
FEBRUARY 3,2017
:ttll
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PAGE 8OF8 p N0.LS70019-
NOTES O
T • S •
• SA-E OF
1 THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF • � FLC,Kt.A y `
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FLORIDA . . _ . 'Or,.
DEPARTMENT OF AGRICULTURE AND •
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES. IN CHAPTER 5J-17,
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD) AS FLORIDAM ADMINISTRATIVE CODE
BEING SOUTH 00°31'OB"EAST PURSUANT TO SECTION 472 027 FLORIDA
STATUTES UNLESS OTHERWISE SHOWN FRANK LOPEZ
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON LICENSE NO LS7001
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN PROFESSIONAL SURVEYOR AND MAPPER
NOT VALID WITHOUT THE SIGNATURE AND CCUA SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 0L0 JENNINGS ROAD
TITLE. THEREFORE, THERE COULD BE EASEMENTS, COVENANTS.AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG,FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE(904)625-3123
EXHIBIT 'D'
45 Clay County Utility Authority 5 OF 10
3176 Old Jennings Road
Middleburg, FL 32068
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29,TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 1 OF 8
FEBRUARY 3,2017
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NOTES: _ _
STATE OF 'r
1 THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF �� O.,•.- A 4
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FLORIDA • �►
DEPARTMENT OF AGRICULTURE AND O✓ i
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17, `��
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE. 1 1 I I-I 1'
BEING SOUTH 00°31'08"EAST PURSUANT TO SECTION 472 027, FLORIDA FRANK LOPEZ
STATUTES. UNLESS OTHERWISE SHOWN LICENSE NO.LS7001
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON PROFESSIONAL SURVEYOR AND MAPPER
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN
NOT VALID WITHOUT THE SIGNATURE AND C C U A SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE, THERE COULD BE EASEMENTS, COVENANTS,AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG,FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE (904)625-3123
.
Clay County Utility Authority EXHIBIT 'D'
go
3176 Old Jennings Road 6 OF 10
Middleburg, FL 32068
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29,TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 2 OF 8
FEBRUARY 3,2017
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1 THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF O
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FLORIDA 4''4 �......4
�,{OR' ��
DEPARTMENT OF AGRICULTURE AND .•,
2. BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17, t 1
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE,
BEING SOUTH 00°31'OB"EAST PURSUANT TO SECTION 472 027, FLORIDA FRANK LOPEZ
STATUTES. UNLESS OTHERWISE SHOWN LICENSE NO LS7001
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON PROFESSIONAL SURVEYOR AND MAPPER
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN
NOT VALID WITHOUT THE SIGNATURE AND C C U A SURVEYOR/GIS SPECIALIST
4. THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE. THERE COULD BE EASEMENTS, COVENANTS, AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG.FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE:(904)625-3123
County3176OldJennings Road( )CIoy
Utility Authority EXHIBIT 'D'
Middleburg, FL 32068 7 OF 10
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29,TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 3 OF B
FEBRUARY 3,2017
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®t® EASEMENT P T POINT OF TANGENCY
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CCUA CLAY COUNTY UTIUTY AUTHORITY CB CHORD BEARING
CEC CLAY ELECTRIC COOPERATIVE.INC. CH CHORD DISTANCE
\ \
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NOTES: ' •^ • f
F STATE OF •
1. THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF 1P� ••. FLORIDA • 6�;
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FLORIDA G;� _-, QL s
DEPARTMENT OF AGRICULTURE AND 'Q( e(Q
x?
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17,
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE, I I
BEING SOUTH 00°31'CO EAST. PURSUANT TO SECTION 472.027, FLORIDA FRANK LOP
STATUTES, UNLESS OTHERVMSE SHOWN LICENSE NO LS
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON PROFESSIONAL SeR AND MAPPER
ORIGINAL.UTILIZE THE GRAPHIC SCALE AS SHOWN.
NOT VALID WITHOUT THE SIGNATURE AND CCUA SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE, THERE COULD BE EASEMENTS, COVENANTS, AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG,FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE(904)625-3123
6 Clay County Utility Authority EXHIBIT 'D'
3176 Old Jennings Road 8 OF 10
Middleburg, FL 32068
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29.TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 4 OF 8
FEBRUARY 3,2017
1
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NOTES: O ;•4 -
J '- STATE OF :��"r I
1 THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF t• •:. FLORIDA . b
DOES NOT REPRESENT A BOUNDARY SURVEY PRACTICE SET FORTH BY THE FLORIDA O. _
'
DEPARTMENT OF AGRICULTURE AND �..
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17, ' � 14 SV�' 1��`
RIGHT-OF-WAY LINE OF STATE ROAD NO.23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE, 1
BEING SOUTH 00'31'06"EAST PURSUANT TO SECTION 472 027, FLORIDA ►(LOPEZ
STATUTES, UNLESS OTHERWISE SHOWN LICENSE NO LS7001
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON.
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN PROFESSIONAL SURVEYOR AND MAPPER
NOT VALID WITHOUT THE SIGNATURE AND C C U A SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE, THERE COULD BE EASEMENTS, COVENANTS, AND PROFESSIONAL SURVEYOR AND MAPPER. MIDDLEBURG,FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE (904)625-3123
.
Clay County Utility Authority EXHIBIT 'D'
ro
3176 Old Jennings Road 9 OF 10
Middleburg, FL 32068
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29,TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 5 OF 8
FEBRUARY 3,2017
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tij... FLORIDTA�/•�,J'• �,
DEPARTMENT OF AGRICULTURE AND DA
� • .0400'4<'. 4'"(
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17, �0.
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE, I I I
BEING SOUTH 00°31'Or EAST PURSUANT TO SECTION 472 027, FLORIDA `„FROPEZ
7001
STATUTES, UNLESS OTHERWISE SHOWN ICE
3 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON PROFESSIONAL SURVEYOR AND MAPPER
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN
NOT VALID WITHOUT THE SIGNATURE AND C C U A SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE, THERE COULD BE EASEMENTS. COVENANTS, AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG,FL 320683907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE:(904)625-3123
.
Clay County Utility Authority EXHIBIT 'D'
fte
3176 Old Jennings Road 10 OF 10
Middleburg, FL 32068
904-272-5999
MAP SHOWING
TWO PARCELS OF LAND SITUATED IN SECTION 20 AND 29,TOWNSHIP 4 SOUTH,RANGE 25 EAST,CLAY COUNTY,FLORIDA
PAGE 6 OF 8
FEBRUARY 3,2017
CCUA EASEMENT NO. 1 &2 - �� °,4`;�'/
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PLAT BOOK 40,PAGE 59-62L 17.2T PLAT BOOK 41,PAGE 19-24 No.LS7001
NOTES: / / I • O: •k
to•• STATE OF• •-, '
NV ••, FLORIDA
1. THIS MAP WAS PREPARED FOR DESCRIPTIVE PURPOSES ONLY AND THIS MAP MEETS THE STANDARDS OF _ e
DOES NOT REPRESENT A BOUNDARY SURVEY. PRACTICE SET FORTH BY THE FLORIDA °,, 0fy4 .. - ' `k
DEPARTMENT OF AGRICULTURE AND •� i, 4 St1i1JE•�/>v-��
2 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY CONSUMER SERVICES, IN CHAPTER 5J-17, / u.a��,yT'
RIGHT-OF-WAY LINE OF STATE ROAD NO 23(BRANNAN FIELD ROAD),AS FLORIDAM ADMINISTRATIVE CODE,
BEING SOUTH 00°31'08"EAST PURSUANT TO SECTION 472.027, FLORIDA FRANK LOPEZ
STATUTES, UNLESS OTHERWISE SHOWN LICENSE NO LS7001
3. THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE AND STATED HEREON PROFESSIONAL SURVEYOR AND MAPPER
ORIGINAL UTILIZE THE GRAPHIC SCALE AS SHOWN
NOT VALID WITHOUT THE SIGNATURE AND C C U A SURVEYOR/GIS SPECIALIST
4 THIS MAP WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT THE ORIGINAL RAISED SEAL OF A FLORIDA 3176 OLD JENNINGS ROAD
TITLE, THEREFORE.THERE COULD BE EASEMENTS, COVENANTS, AND PROFESSIONAL SURVEYOR AND MAPPER MIDDLEBURG,FL 32068-3907
RESTRICTIONS OR OTHER MATTERS OF PUBLIC RECORD THAT MAY OR OFFICE:(904)213-2475
MAY NOT AFFECT THIS PARCEL MOBILE:(904)625-3123
EXHIBIT "E"
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Clay County Agreement/Contract 2016/2017- 56
INTERLOCAL AGREEMENT BETWEEN CLAY COUNTY, FLORIDA, BOARD OF
COUNTY COMMISSIONERS AND THE CLAY COUNTY UTILITY AUTHORITY FOR
ROAD WORK AND UTILITY WORK IN CONNECTION WITH THE IMPROVEMENT OF
BRANNAN MILL BOULEVARD IN CLAY COUNTY, FLORIDA
THIS INTERLOCAL AGREEMENT is entered into between Clay County Board of
County Commissioners (County), a political subdivision of the State of Florida, and the Clay
County Utility Authority (CCUA), wherein the parties in consideration of the terms, conditions
and promises set forth herein, do stipulate and agree as follows:
WHEREAS, the County is currently in the process of design and preparation of
construction documents for the road work improvement of the proposed Brannan Mill Boulevard
in Clay County, Florida(the Road Work); and
WHEREAS,the CCUA desires to install a potable water main extension,a gravity sanitary
sewer main extension, a reclaimed water main extension, and a sanitary forcemain extension
within easements adjacent to the right of way(the Utility Work); and
WHEREAS, the CCUA desires to partner with the County in order that one design
consultant, Eisman and Russo, Inc. (ERI) who has already been retained by the County, may
design and permit both the Road Work and the Utility Work, collectively referred to as the Project;
and
WHEREAS, the CCUA desires to partner with the County so that one construction
contractor may be retained to construct the Project and one construction administrator may be
retained to perform Construction Administration for the Project; and
WHEREAS, the County agrees to accommodate the CCUA in this regard so that the
CCUA may take advantage of the cost savings available when the Utility Work may be done at
the same time as the Road Work; and
WHEREAS, the County will benefit by having the CCUA perform its Utility Work at the
same time as the Road Work in that the integrity of the road surface may be maintained and not
cut by a later utility installation; and
WHEREAS, the CCUA agrees to pay all costs associated with the incorporation of the
Utility Work into the County's procurement process for the design, bid, construction and
construction administration of the Road Work so that all the Project work may be completed as
integrated whole; and
WHEREAS, the parties acknowledge that while the joint installation of the Road Work
and the Utility Work benefits both parties,the Utility Work is not a County project and the County
accommodation to the CCUA in adding the Utility Work to the Road Work is done in the interest
of efficiency and the preservation of public resources of both governmental entities; and
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WHEREAS,the parties acknowledge that it is the intention of this Agreement that all costs
associated with and attributable to the Utility Work be paid for entirely by the CCUA; and.
WHEREAS, the County and the CCUA desire to establish their respective rights and
responsibilities with respect to the Project;
NOW THEREFORE and in consideration of the foregoing and the following mutual
covenants and conditions,the parties agree as follows:
ARTICLE 1. AUTHORITY, GENERAL RESPONSIBILITIES, AND CONDITION
PRECEDENT. This Agreement is entered into pursuant to the provisions of Section 163.01,
Florida Statutes,commonly known as the"Florida Interlocal Cooperation Act of 1969",hereinafter
referred to as the Act,and all applicable portions of the Act are made a part hereof and incorporated
herein as if set forth at length herein,including,but not limited to the following specific provisions:
A. All of the privileges and immunities and limitations from liability,exemptions from
laws,ordinances and rules,and all pensions and relief,disability,workers'compensation and other
benefits which apply to the activity of officers, agents, or employees of the Parties hereto when
performing their respective functions within their respective territorial limits for their respective
agencies,shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents or employees extra-territorially under the provisions of this Agreement.
B. This Agreement does not and shall not be deemed to relieve any of the Parties
hereto of any of their respective obligations or responsibilities imposed upon them by law except
to the extent of the actual and timely performance of those obligations or responsibilities by one
or more of the Parties to this Agreement, in which case performance provided hereunder may be
offered in satisfaction of the obligation or responsibility.
C. As a condition precedent to its effectiveness, and pursuant to Section 163.01(11),
Florida Statutes, this Agreement and any subsequent amendments hereto shall be filed with the
Clerk of the Circuit Court of Clay County.
D. This Agreement shall be construed under the laws of the state of Florida,and venue
for any actions arising out of this Agreement shall lie in Clay County. If any provision hereof is
in conflict with any applicable statute or rule or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
ARTICLE 2. THE PROJECT.
The design and construction of Road Work and Utility Work within the proposed Brannan
Mill Boulevard right of way and easements adjacent to the right of way from its western terminus
at Brannan Mill Boulevard eastward along the extent of the proposed roadway and easements,
being approximately 0.8 miles.
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ARTICLE 3. OBLIGATIONS OF THE COUNTY.
A. The County has contracted with ERI for design services necessary to develop
Contract Documents to construct the Road Work. The CCUA has requested and the County has
agreed that the County will authorize ERI to provide design services necessary to develop Contract
Documents to construct the Utility Work at the same time. ERI shall submit the plans and
specifications for both Road and Utility Work to CCUA for review at the 60% and Final Design
milestones. Upon completion of each milestone, the County and CCUA will meet, concur and
sign-off that their respective components of the Project design is in conformance with the overall
goals of the Project for each party. Upon final approval from the CCUA and notice to the County,
the County shall direct ERI to incorporate the Utility Work components into the Project Base Bid.
The Utility Work components shall be listed separately in the Project Base Bid so that the total
costs of materials, construction and construction administration for the Utility Work are easily
discernable from the total costs of materials, construction and construction administration for the
Road Work.
B. The County shall be responsible for the procurement of a contractor for the
construction of the Project through the issuance of a Request for Bids(RFB)soliciting competitive
bids from a contractor qualified to perform the Project. The County and CCUA will evaluate the
bids and the County will award the bid to the lowest responsive, responsible qualified bidder,
pending the County's appropriation of funding. The Contract Documents shall present the Utility
Work as a portion of the Base Bid. The Contract Documents shall contain the requirement that the
successful bidder shall look to the County, and not to the CCUA, for payment of the Utility Work
as specified in the Proposal. The County will provide in its RFB that the CCUA intends to
implement a sales tax savings program to direct purchase the required materials for the Utility
Work and that upon receipt of the successful bidder's quotes for the Utility Work materials,CCUA
will issue a purchase order to the respective material suppliers for the cost of utility materials. The
County shall include in its RFB the notice that upon issuance of the purchase order by the CCUA,
the cost of the Utility Work in the construction contract will be reduced by the value of the Utility
Work materials. The County will assist the CCUA in its administration of its sales tax savings
program for the Utility Work. Also,the RFB shall require that a single insurance policy and bond
be given to protect the Project and to secure the payment and performance of both the Road Work
and the Utility Work. The RFB shall also require that the payment and performance bonds
submitted by the contractor be assignable to the CCUA in the event it is necessary to pursue the
bond for defective Utility Work.
C. For purposes of allocating the costs of items in the Base Bid which are attributable
to both the Road Work and the Utility Work such as bid bond,insurance,payment and performance
bonds, construction administration and any other shared work for the Road Work and the Utility
Work, the County and the CCUA shall each pay a pro-rata share of the cost of these items based
on the percentage that the cost of the Road Work and Utility Work,respectively, bears to the total
contract sum less the cost of the Utility Work materials.
D. The County shall be responsible for securing and paying for any required permits
for its work necessary for completion of the Road Work.
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E. The County and CCUA will develop a scope of work for a construction
administrator and the County shall contract with a construction administrator to perform
construction cdministration for the Project (the "Construction Administrator"). The County will
be responsible for the administration of all parts of design, construction, and construction
administration for the Project.
F. The County shall ensure that the Contract Documents contain the requirement that
the Project is properly insured against casualty and liability loss and that worker's compensation
coverage is also in place both during construction and upon completion. The CCUA shall ensure
that the Utility Work materials are insured from delivery to the CCUA until installation in the
easements adjacent to the right of way.
G. If the CCUA Project Manager discovers non-compliant Utility Work,he will notify
the Construction Administrator and the County immediately. CCUA will then request a meeting
with the County's Project Manager to address the non-compliant work. The County agrees to meet
with CCUA's representative to address non-compliant work.
H. In the event of an unforeseen or a change condition arising during the construction
phase which affects the Utility Work,first,the County agrees to notify CCUA of these conditions,
and second, the County and CCUA representatives agree to meet to verify the cause, determine
any resolution to these conditions, and approve any issuance of a contract change order.
ARTICLE 4. OBLIGATIONS OF THE CCUA.
In addition to the CCUA obligations set forth elsewhere in this Agreement, the CCUA has
the following obligations:
A. Upon written request of the County, the CCUA agrees to pay within thirty (30)
calendar days of said request,the full lump sum cost to the County for services performed by ERI
in the amount of$37,469.94 to develop and integrate the engineering drawings and design work
for the Utility Work component into the County's overall engineering drawings and design for the
Project The CCUA agrees to review and approve the plans and specifications for the Utility Work
at the 60% completion and final design milestones.
B. The CCUA agrees to pay to the County the full cost of the Utility Work along with
its pro-rata share of shared expenses as described in Contract Documents for the construction of
the Project within thirty (30) calendar days of the issuance of the Notice to Proceed from the
County to the contractor and upon written notice therefor by the County.
C. The CCUA shall be responsible for securing and paying for any required permits
for its respective work necessary for completion of the Utility Work.
D. Upon written request of the County, the CCUA agrees to pay within Thirty (30)
calendar days the full lump sum cost to the County for the Utility Work portion of construction
administration costs.
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E. The CCUA agrees to designate a design representative for the Project who will
receive, review and respond within ten (10) working days to all questions and requests from the
contractor and the County.
F. The CCUA agrees to designate a Project Manager for the Project who will inspect
the construction of the Utility Work portion. If the CCUA representative discovers non-compliant
work,he will notify the Construction Administrator and the County immediately. CCUA will then
request a meeting with the County's Project Manager to address these conditions. Under no
circumstances may the CCUA or any of its officers, contractors or agents give direction to the
contractor in the performance of the Road Work or the Utility Work.
G. In the event of an unforeseen or a change condition arising during the construction
phase which affects the Utility Work, upon notification by the County of such conditions, CCUA
agrees to meet with County representatives to verify the cause, determine any resolution to these
conditions, and approve any issuance of a contract change order. All contract change orders for
the Utility Work portion of the Project must be approved by the CCUA Board of Supervisors prior
to payment.The CCUA shall reimburse the County for any expenses incurred by the County which
are associated with an approved change order to the Utility Work. The CCUA agrees to pay these
expenses within thirty(30)calendar days, upon submittal of a statement therefor to the CCUA by
the County.
H. As part of the CCUA's sales tax savings program for the direct purchase of the
materials for the Utility Work, CCUA will issue a purchase order to the respective material
suppliers listed in the construction contract for Utility Work materials for the cost of said materials.
The CCUA shall bear the risk of loss for the Utility Work materials prior to installation in the
easements adjacent to the road right of way. The cost of any delay in the construction of the Project
which may be caused by untimely delivery of suitable Utility Work materials to the job site will
be the responsibility of the CCUA. The CCUA agrees to pay these expenses within thirty (30)
calendar days,upon submittal of a statement therefor to the CCUA by the County.
ARTICLE 5. DEFAULT OR DISPUTES.
In the event either party to this Agreement fails to meet any of its obligations hereunder,
the other party may terminate the Agreement.
ARTICLE 6. TRANSFER OR ASSIGNMENT.
Neither the County nor the CCUA shall transfer or assign this Agreement, or any rights
acquired hereunder, or grant any interest, privilege, or license whatsoever in connection with this
Agreement unless first obtaining the written consent of the other party, which consent shall not be
unreasonably withheld.
ARTICLE 7. AMENDMENTS.
Any changes in the provisions of this agreement which are agreed to by the parties shall be
made by formal written amendment signed by both parties.
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ARTICLE 8. PROJECT MANAGEMENT.
The Project Managers for the County and for the CCUA are listed below and shall be the
representative responsible for overall coordination of the Project. Either party may change its
Project Manager upon three(3)business day's prior written notice to the other party.
County CCUA
Dale Smith, P.E. Ken Fraser, P.E.
Clay County Dept. of Engineering& Public Works Clay County Utility Authority
P.O. Box 1366 3176 Old Jennings Road
Green Cove Springs, Florida 32043 Middleburg, Florida 32068
Telephone: 904-284-6335 Telephone: 904-213-2403
Email: dale.smith@claycountygov.com Email: kfraserZclavutilirv.or
ARTICLE 9. TERM.
The term of this agreement shall commence on the effective date and continue through the
completion of the Brannan Mill Boulevard Road Work and the completion of the associated Utility
Work.
ARTICLE 10. EFFECTIVE DATE.
This agreement shall commence and be effective on the date it is fully executed by the
parties hereto.
ARTICLE 11. AUDIT, ACCESS TO RECORDS, AND REPAYMENT OF FUNDS.
Maintenance of Records. Both the CCUA and the County shall maintain its books and
records such that receipt and expenditure of the funds provided hereunder are shown separately
from other expenditures in a format that can be easily reviewed. The CCUA and the County shall
keep the records of receipts and expenditures and copies of all invoices and supporting
documentation for at least three(3)years after expiration of this Agreement and in any event shall
meet all applicable requirements for retaining public records as required by Florida's Public
Records Law. In accordance with generally accepted governmental auditing standards, both the
CCUA and the County shall have access to and the right to examine any directly pertinent books
and other records involving transactions related to this Agreement. In the event of an audit, the
CCUA and the County shall maintain all required records until the audit is completed and all
questions are resolved. The CCUA and the County will provide proper facilities for access to and
inspection of all required records.
ARTICLE 12. INDEMNITY.
A. Subject to and within the provisions of Section 768.28,Florida Statutes,the CCUA
shall fully defend, protect, indemnify and hold harmless the County and all of its respective
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principals, employees, officers, agents, servants and contractors (collectively, the Indemnitees),
from and against any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the successful bidder and persons employed or utilized by it in the
performance of the Utility Work.
B. Subject to and within the provisions of Section 768.28,Florida Statutes,the County
shall fully defend, protect, indemnify and hold harmless the CCUA• and all of its respective
principals, employees, officers, agents, servants and contractors (collectively, the Indemnitees),
from and against any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the successful bidder and persons employed or utilized by it in the
performance of the Road Work.
C. The provisions of this Article shall survive any termination of this Agreement.
DATE: 61E4' 13 , 2016 CLAY COUNTY, apolitical subdivision of the
State of Florida,by its Board of County
Commissioners
zttir ,
By:
Wayne Bolla, its Chairman
e k.RC C"
•
Kopeio s,,CQiuity Manager and Clerk
lfie'Bo-ard okr%buiity Commissioners
FDA
DATE: (€44(oaq2010 7 CLAY COUNTY UTILITY AUTHORITY
B
Print Na
Its: Tom Morris,Executive Director
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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
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 i
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 •
7/' 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
1 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. --77
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3176 Old Jennings Road
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mil Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Mi Features
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STY AUTN`' 1 inch = 1,815 feet - Reclaimed Features