HomeMy WebLinkAbout05.e.02 DA GC23.24-2 - The Rookery Subdivision Return to:
Clay County Utility Authority
3176 Old Jennings Road G'C23/2 it`-F_2
Middleburg,Florida 32068-3907
THE ROOKERY SUBDIVISION PHASE 2A,
2B & 2C (CONSISTING OF 248 SINGLE
FAMILY&292 TOWNHOMES)
Parcel No. 38-06-26-016515-008-00 (Green Cove Springs System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS AGREEMENT GRANTS TO THE"UTILITY"(AS HEREINAFTER DEFINED)AN ENFORCEABLE LIEN
ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN(THE"PROPERTY")FOR CERTAIN
DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE.
THIS DEVELOPER AGREEMENT ("Agreement"), made and entered into this tal4tlay of (At, ,
2024,by and between ROOKERY INVESTORS,LLC,a Florida limited liability company,hereinafter referred to
as "Developer", and CLAY COUNTY UTILITY AUTHORITY, an independent special district established
under Chapter 94-491, Laws of Florida, Special Acts of 1994, hereinafter referred to as "Utility".
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described in Exhibit
"A", attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
service for the Property;
WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement central
potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so
that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and
reclaimed water service from the Utility; and
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and
undertakings regarding the furnishing of potable water and wastewater service by the Utility to the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, potable water distribution system, and
reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees
to transfer, to Utility, if so designated by the Utility, at no cost to Utility to provide utility service to the Property.
RECEIVED
JUN I; 2024
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(c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day(GPD)
which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For
this purpose the average daily flow of one potable water ERC is(450)GPD,one wastewater ERC is(311)GPD,and
one reclaimed water ERC is (275) GPD.
(d) "Point of Delivery" - The point where the pipes or meter of Utility are connected with the
pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the
consumer's side of the meter and for wastewater service at the lot or Property line. Utility shall, according to the
terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless otherwise agreed. The
pipes and appurtenances inside the point of delivery shall belong to others.
(e) "Service" - The readiness and ability on the part of Utility to furnish and maintain potable
water, reclaimed water, and wastewater service to the point of delivery for each lot or tract pursuant to rules and
regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that Developer is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer
agrees to deliver to Utility evidence of such ownership including any outstanding mortgages, taxes, liens and
covenants.
4. Connection Charges -In addition to the contribution of any wastewater collection systems,potable
water distribution systems, and reclaimed water systems where applicable,and further to induce Utility to provide
potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees
and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this
Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($450.00 x 540 ERCs) $ 243,000.00 *
Alternative Water Supply Surcharge:
($388.01 x 540 ERCs) $ 209,525.40 *
SJWMD Black Creek Water Resource Charge:
($105.19 x 540 ERCs) $ 56,802.60 *
Wastewater Capacity Charge:
($4,100.00 x 540 ERCs) $ 2,214,000.00 *
Reclaimed Water Capacity Charge:
($300.00 x 248 ERCs) $ 74,400.00 *
Total Capacity Charges to be Deferred $ 2,797,728.00
(b) Debt Service Charge:
($191.00 x 540 ERCs) $ 103,140.00
(c) Main Extension Charge—Water $ N/A
Main Extension Charge—Wastewater $ N/A
Main Extension Charge—Reclaimed Water $ N/A
(d) Meter Installation Charge $ N/A **
Effluent Reclaimed Meter Installation $ N/A **
(e) Plan Review Fee $ 1,501.50
(f) Inspection Fee $ 12,814.86
(g) Recording Fee $ 188.63
Subtotal $ 2,915,372.99
Less Total Capacity Charges to be Deferred $ 2,797,728.00
Total due at execution of Developer Agreement $ 117,644.99
* - Includes 540 ERCs,based on 248 single-family lots and 292 townhome lots,which are deferred and
to be paid at the time of application for service via meter install, in accordance with the Utility's
then-current Rate Resolution in effect at the time of service request.
** - The meters will be paid by each builder or customer upon application for building water for each lot.
This Agreement does not include a provision for any other separate landscape irrigation meters for
the Property, common areas,park areas, or amenity centers.
Note: Items (e) and (f) are estimates and are subject to adjustment based on actual costs incurred.
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Method of Payment/Security Interest - Utility agrees to defer payment and collection of certain capacity
charges as set forth above on an individual per lot basis,until such time as water service is applied for as to such lot
within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge
to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an
enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public
records of Clay County, Florida. The lien hereby created will be released by Utility on a lot-by-lot basis upon
payment to Utility of the capacity charges assigned to the lot(s)to be released. The party requesting the release shall
be responsible for recording the release in the public records.
The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994
(the "Act"), which is recorded in OR BK 1524, PG 1798-1836, public records of Clay County, Florida. Specific
reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part
that the priority of such lien "... shall be superior and paramount to the interest on such parcel or Property of any
owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the
lien of any such county taxes." Utility shall not be obligated to provide the services herein for any particular lot or
parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel.
Payment of the charges in paragraph 4 does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same.Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of
the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges
paid.
Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any
of the Property by,through or under Developer, or otherwise, shall have any present or future right, title, claim or
interest in and to the charges paid or to any of the potable water, reclaimed water, or wastewater facilities and
properties of Utility, and all prohibitions applicable to Developer with respect to no refund of such charges, no
interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of Utility.
5. On-Site Installations-On-site facilities are those located within the Property for which Developer is
requesting service. Developer shall convey to Utility, if so designated by Utility,all on-site water and wastewater
lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively referred to as"Components"
or"On-Site System")on the Property with all contractual guarantees relating thereto. Conveyance shall take place
within a reasonable time after installation of the On-Site System but prior to Utility's obligation to provide service.
Until such time as the On-Site System is conveyed,the same shall be operated and maintained by Developer. In its
sole discretion,Utility may decline to accept the On-Site System,may lease the On-Site System from Developer,or
agree to such other arrangement as it deems appropriate.
Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by Utility.
The Utility shall also have the right to review all plans and specifications, connections to its system and the
Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.The Utility shall
have the right to inspect all phases of construction undertaken by outside contractors for facilities which are to be
owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs for such
inspection, including all overhead associated with same. Where on-site temporary pump stations or backflow
prevention devices are required,they shall be paid for one hundred percent(100%) by the Developer without any
provision for refund. Utility reserves the right to require backflow prevention devices on all potable water service
connections.
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The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved
Developer's contractor and the plans and specifications for construction of the potable water,reclaimed water,and
wastewater systems for the project. The proposed electrical transformer layout of the electric utility providing
service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the On-Site
System to be owned by the Utility or County,if so designated by Utility. Developer shall secure from its contractor
a written and fully assignable warranty that the system installed will be and remain free from all defects, latent or
otherwise,with respect to workmanship,materials and installation in accordance with Utility-approved plans and
specifications,for a period of two (2)years from the date of the system acceptance by the Utility,and immediately
assign the same and the right to enforce the same to the Utility on or before such date.
The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and
other form of security acceptable to Utility in such amounts approved by Utility,which by its or their express terms
protect and indemnify Utility against any loss,damage,costs, claims,debts or demands by reason of defects,latent
or otherwise, in the system to be and remain in effect for two (2)years from the date of the system acceptance by
Utility.
In addition to any other promises, guarantees or warranties to be provided by Developer to the Utility
hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs, claims, debts or
demands by reason of defects, latent or otherwise, in the system which could not have been reasonably discovered
upon normal engineering inspection, to be and remain in effect for a period of two (2) years from the date of the
system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility, title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed shall
be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water
distribution, reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility systems
as well as for any repairs to the Systems which may have been caused by other subcontractors during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's
specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all areas in
which potable water,reclaimed water,and wastewater systems are installed,with adequate legal access to same,by
recordable document satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility,
fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida Department of
Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with
approved plans.
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6. Off-Site Installations -Developer shall further construct all transmission mains,pump stations and
appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's
transmission system, as determined by Utility. Utility may require Developer to oversize off-site transmission
mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The costs
associated with construction of over-sized facilities which provide Utility with excess capacity for the benefit of
other properties may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy,as
then in effect. The same construction standards,warranty requirements,maintenance bond requirements,transfer of
title by Bill of Sale,and indemnification requirements,as provided under paragraph 5 of this Agreement,shall also
apply to the Off-Site installations.
7. Agreement to Serve-Upon the completion of construction of the On-Site and Off-Site Facilities by
Developer, or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and
Utility's Service Availability Policy, Utility will allow connection or oversee the connection of the wastewater
collection facility,potable water distribution facility, and/or reclaimed water facility installed by Developer to the
central facilities of Utility in accordance with all rules, regulations and orders of the applicable governmental
authorities. Utility agrees that once it provides potable water, reclaimed water, and/or wastewater service to the
customers within the Property that it will continuously provide such service, at its cost and expense, but in
accordance with the other provisions of this Agreement,the then current Rate Resolution in effect for Utility,and
the requirements of the governmental authorities having jurisdiction over the operations of Utility. Utility shall not
be liable for any temporary interruptions in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5, 6, and 7, hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the Property.
Should any such covenant or agreement of Developer in fact be outstanding following either or both of such dates,
then,notwithstanding any contrary provision contained herein, Utility may, upon thirty(30)days advance written
notice and demand for cure mailed to Developer,temporarily interrupt service to the Property until such outstanding
covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in
service as a result of any action authorized or permitted by this paragraph.
8. Application for Service-Developer,or any owner of any parcel of the Property,or any occupant of
any residence, building or unit located thereon shall not have the right to and shall not connect any consumer
installation to the facilities of Utility until formal written application has been made to Utility by the prospective
user of service,or either of them, in accordance with the then effective rules and regulations of Utility and approval
for such connection has been granted.
9. Easements -Developer hereby grants and gives to Utility, its successors and assigns, but subject to
the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable
water,reclaimed water,and wastewater facilities to serve the Property in,under,upon,over and across the present
and future streets, roads, alleys, utility easements, reserved utility strips and utility sites. Mortgagees, if any,
holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the
grant or dedication of the easements or rights-of-way, or give to Utility assurance by way of a "non-disturbance
agreement",that in the event of foreclosure,mortgagee would continue to recognize the easement rights of Utility.
All potable water, reclaimed water, and wastewater collection facilities, save and except installations owned by
Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted
or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these
easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive
easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all
easement grants will be utilized in accordance with the established and generally accepted practices of the potable
water, reclaimed water, and wastewater industry with respect to the installation of all its facilities in any of the
easement areas.
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26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable
water,reclaimed water, and wastewater services to Developer's project. Capacity reserved hereunder cannot and
shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the case of a
bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a program to
carry out the terms and conditions of this Agreement,Utility may be required to obtain approval from various state
and local governmental authorities having jurisdiction and regulatory power over the construction,maintenance,and
operation of Utility. The Utility agrees that it will diligently and earnestly make the necessary proper applications to
all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such
approval. Developer agrees to provide necessary assistance to Utility in obtaining the approvals provided for herein.
Upon execution of this Agreement, Utility may require the payment of a reasonable fee to defray Utility's legal,
engineering, accounting and administrative and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water,
wastewater and reclaimed water systems installed by Developer,in accordance with Utility's standard specifications,
details and notes,which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5(d)
herein;and Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings
will be paid directly by Developer's licensed underground utility contractor and shall be provided in accordance with
CCUA's "As-built Specifications Standards Manual", which can be obtained from the Utility's website
(www.clayutility.org).It shall be Developer's responsibility to properly instruct its contractor to contact Utility for
an estimate of such charges and clarification of the required as-built drawing procedures.
30. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's
potable water, reclaimed water, and wastewater service within Developer's project,to apply to Utility for service
after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and
accepted by Utility. Upon completion of application for potable water,reclaimed water,and wastewater service and
payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any
security deposits required, service will be initiated to customers within Developer's Property.
31. Developer shall not place any conservation easements over any of the easement lands that contain
Utility's existing or proposed water and/or wastewater facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for
providing the legal description for such easement to Utility. This shall include (1) all easements necessary to
accommodate water,wastewater and reclaimed water stubs to adjacent properties, (2) an easement ten(10)feet in
width lying parallel and adjacent to all right of way lines within the Developer's Property; and(3)any easements,
within storm drainage retention pond areas or along lot lines, that may be necessary to accommodate any storm
water harvesting systems that Utility may choose to install within Developer's Property.
33. The landscaping(new or existing) for this project shall not include the planting of any trees within
seven and one-half feet(7 ft. 6 in.)of any of the water,wastewater and/or reclaimed water mains. In the alternative,
Developer shall provide a root barrier,satisfactory to Utility,around the roots of all landscaping,trees,shrubs,etc.,
that are planted within the road right-of-ways that will potentially impact any of the utilities covered by this
Agreement.
It shall be Developer's responsibility to contractually require builders within the Property to establish a
workable procedure to assure Utility that the planting of"street trees"within the project provide at least seven and
one-half feet(7 ft. 6 in.) of separation from the center of the trees to Utility's mains and services.
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Otherwise,root barriers are to be installed where the seven and one-half feet(7 ft. 6 in.)criteria is not met.
A service charge,subject to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect
and approve the proposed tree locations.
34. The road cross-section,utility placement,and sidewalk placement used within the subdivision streets
and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities and
the Clay County Engineering Department. Any variance from these standard layouts shall be communicated by
Developer to all utilities requiring facilities in the right-of-way and the Clay County Engineering Department,and
shall be approved by all such utilities and agencies prior to commencement of construction.
35. It shall be Developer's responsibility,where the engineering plans are reviewed and approved for an
entire project(The Rookery,Phases 2A,2B&2C),but the Developer constructs the project in phases,to valve each
water stub in such a fashion that connection and extension of service to subsequent phases does not disrupt service
to prior phases,and such additional valving shall be approved by Utility prior to installation. Each such phase shall
be bacteriologically cleared and final certified by the design engineer as complete,including as-built drawings,final
close out documents,and final acceptance by Utility,prior to water,wastewater,and reclaimed water service being
initialized.
36. Utility shall have access to all of the water and reclaimed water meters during normal business hours
for meter reading purposes.
37. Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water
meters and potable water meters, and the construction of the water and reclaimed services from the proposed
connection point to the meter locations shall be installed by Developer's State of Florida Licensed Underground
Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and
maintenance. All facilities downstream of the downstream side of the reclaimed water meters and potable water
meters shall be owned and maintained by Developer. All of the water and reclaimed water installations shall be in
accordance with the plans prepared by Dunn&Associates, Inc., Job Number 2008-499-2, as described in Exhibit
"C," or as modified in a manner acceptable to Utility.
38. All wastewater mains 8-inches and larger in size terminating by a manhole,and all wastewater mains
8-inches and larger in size that are stubbed for future extensions, as shown on the plans prepared by Dunn &
Associates, Inc., Job Number 2008-499-2, as described in Exhibit"C", shall be owned and maintained by Utility.
This includes all wastewater laterals from the 8-inch wastewater mains to Developer's Property line/right-of-way
line for each lot. All wastewater installations upstream of Developer's point of connection shall be owned and
maintained by Developer, and all installations downstream of this point of connection shall be owned and
maintained by Utility. The wastewater pumping station and all ancillary items related to the wastewater pump
station shall also be owned and maintained by Utility. All such facilities shall be installed by Developer's State of
Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's
acceptance for ownership and maintenance.
39. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within
the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy (i.e.,
"Reuse Policy"), excerpts from its current form, is attached hereto as Exhibit "B", and shall require that those
systems be operated and maintained in accordance with the rules and regulations of Utility, as well as all
governmental agencies having jurisdiction over such reclaimed water systems, and all lots or parcels lying within
the Property are hereby so restricted.
40. All irrigation contractors employed by Developer to install reclaimed water irrigation systems within
the Property shall be registered with Utility. The criteria for registration is included in Utility's Cross-Connection
Control Policy. Once registered,such irrigation contractor shall comply completely with Utility's Cross-Connection
Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted for irrigation
contractors that are not registered with Utility.
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and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or at such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it shall be
and become effective immediately upon execution by both parties hereto, subject to any approvals which must be
obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings, by instituting suit or otherwise,then venue shall lie in Clay County,Florida,and
the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable attorney's
fees.
18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or
interrupted in consequence of any cause beyond the control of either party, including,but not limited to Act of God
or of the public enemy,war, national emergency, allocation or of other governmental restrictions upon the use or
availability of labor or materials, civil disorder, strike, embargo, natural disaster or catastrophe, unforeseeable
failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction,
regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party
shall not be liable for such non-performance.
19. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any
and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which it may
become subject by reason of or arising out of Developer's performance of this Agreement. This indemnification
provision shall survive the actual connection to Utility's potable water, reclaimed water and wastewater systems.
MISCELLANEOUS PROVISIONS
20. The rights, privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any development phase
and to the Property as a whole.
21. This Agreement supersedes all previous agreements or representations, either verbal or written,
heretofore in effect between Developer and Utility, made with respect to the matters herein contained, and when
duly executed,constitutes the agreement between Developer and Utility. No additions,alterations or variations of
the terms of this Agreement shall be valid,nor can provisions of this Agreement be waived by either party,unless
such additions, alterations, variations or waivers are expressed in writing and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,the same
shall include the plural, and the masculine, feminine and neuter genders shall each include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that
same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall not
be deemed a waiver of such terms,covenants, or conditions,nor shall any waiver or relinquishment of any right or
power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other
time or times.
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10. Utility's Exclusive Right to Utility Facilities-Developer agrees with Utility that all potable water,
reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable water,reclaimed
water and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive
ownership of Utility, and any person or entity owning any part of the Property or any residence, building or unit
constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of
them,for any purpose,including the furnishing of potable water,reclaimed water,and wastewater services to other
persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable
water services or sanitary wastewater services to the Property during the period of time Utility provides potable
water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to
provide potable water and wastewater services to the Property and to the occupants of such residence, building or
unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable
water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by
the Board of Supervisors of Utility as may be amended from time to time. However,notwithstanding any provision
in this Agreement, Utility, its successors and assigns, may establish, amend or revise, from time to time in the
future, and enforce in a reasonable manner, rates or rate schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time,
in the future, and enforce rules and regulations covering potable water and wastewater services to the Property.
However,all such rules and regulations so established by Utility shall at all times be reasonable and subject to such
regulations as may be provided by law or contract.
13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the sewage
system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install
grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's
sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the
Utility. Should any non-domestic wastes,grease or oils, including,but not limited to,floor wax,paint,chlorides,or
salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial
constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for
payment of the cost and expense required in correcting or repairing any resulting damage to the system or Property
of third parties.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of
Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise.
Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably
withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and
responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by messenger, by mail or by electronic mail (email), and if to Developer, shall be
mailed or delivered to Developer at:
Rookery Investors, LLC
12443 San Jose Boulevard. Ste. 504
Jacksonville, Florida 32223
-10-
41. All elements of the Florida Department of Environmental Protection rules and regulations regarding
the use of reclaimed water within the project will be adhered to at all times,and the Homeowners'Association will
continue to be responsible after Developer is no longer in charge of The Rookery Subdivision. This specifically
pertains to the Public Notice(posting of signs)provisions of the Florida Department of Environmental Protection
rules and regulations,as well as all specific requirements pertaining to the use of reclaimed water in public areas and
on roadways.
42. No wells shall be permitted within or upon the Property for any purpose.
43. The Developer and Utility agree that service to the water, wastewater, and reclaimed water mains
being installed to serve The Rookery Subdivision, Phases 2A, 2B & 2C are contingent upon the installation,
completion, and acceptance of the Rookery Off-Site Infrastructure and the Governor's Park Master Lift Station
Projects by Utility.
44. This Agreement is also contingent upon the Utility's completion and acceptance of the expansion of
Utility's Peter's Creek Water Reclamation Facility, which is required to accept the wastewater from this
Development.
45. This Agreement does not include any other developments or future phases that are planned for this
Property. Water, wastewater, and/or reclaimed water service to any future/proposed Amenity Center, swimming
pool,and/or recreation areas are also not a part of this Agreement.A separate agreement will be entered into when
these developments are initiated.
46. Future phases of this subdivision will be contingent upon Developer securing the necessary
easements.
47. This Agreement will need to be executed by Developer, the charges paid (shown on page 2 of
Agreement),prior to October 1,2024,and the construction of the utilities for this total project shall be commenced
by October 1, 2024, or this Agreement will be subject to any Service Availability charge increases currently
approved,which may be applicable or which may be approved by Utility's Board of Supervisors for the next fiscal
year beginning October 1, 2024; and this Agreement is subject to any material cost increases which Utility may
experience after October 1, 2024.
-11-
IN WITNESS WHEREOF,Developers and Utility have executed or have caused this Agreement,with the
named Exhibits attached,to be duly executed in several counterparts,each of which counterpart shall be considered
an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
ROOKERY INVESTORS, LLC, a Florida
limited liability company
By: Matovina& Company, a Florida
corporation, its Manager
Witnes By: .,,ro";r
Print Name: CGI,f i¢ , g,i . Grego y E. Matovina, President
Witness: /U t.;1,4—tL 1t . (C2r�—�1-/
Print Name: )0,ks,N /4 1106 Sc )
STATE OF (/c,A-(!j
COUNTY OF Ni;VA1
The foregoin, instrument mas acknowledged before me by means of II physical presence or ❑ online
notarization this )( -- day of t TCC , 2024, by GREGORY E. MATOVINA, as PRESIDENT of
MATOVINA&COMPANY,a Frorida corporation,MANAGER of ROOKERY INVESTORS,LLC,a Florida
limited liability company, on behalf of the company, who is personally known to me or who has produced
, as identification.
/ ,L 4 . 1,ll 4
.4*AU8Gc SHARON A.HUDSON Panted Name: 1Jj4 Ck) A l"i vi6.st,
* * Commission#HH 460421 Notary Public, State of Florida 4t.Large
F Commission x res• r� /1 74,
9�FO F F��P Expires December 11,2027 M y ET • /p � 7
-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY,
an Independent Special District of the State of Florida
Wit ess: By:
Print Name: ciltJa J emy t ton, E., M.B.A.
E ecutive -c o" �
(Corporate Seal)
Witness: -
Print Name: Summer P. Bern t
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online
notarization this 1 day of i , 2024 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State of
Florida,who is personally known to me.
NIff
r iP
Print Name: Summer rn•.'t
,�tY"�8,, #HH 450194
SUMMER P BERNDT Notary Public
tate of Florid
- `*'N Commission s
a
"_
My Commission Expires State of Florida at Large
''',/iri o� January 26, 2028 My Commission Expires: O t' /
EXHIBIT "A"
PAGE 1 OF 6
THE ROOKERY,PHASES 2A,2B&2C
540 LOTS
Parcel No.: 38-06-26-016515-008-00
Clay County
Phase 2A East
A portion of Lot 3,Block 37,Bayard Tract, Clay County,Florida,recorded in Deed Book"J",pages 273 and 274,
together with a portion of Lots 17, 18, 19 and 20,Block 1,South Green Cove Springs,recorded in Deed Book"Z",
page 748, together with a portion of Palm Avenue, also being a portion of those lands described and recorded in
Official Records Book 4609,page 1930,all of the Public Records of said county,all lying in Section 38 of the G.I.F.
Clark Grant, Township 6 South, Range 26 East, of said county, being more particularly described as follows:
For a Point of Reference,commence at the intersection of the Southerly right of way line of Green Cove Avenue,a
variable width right of way as presently established,with the Westerly right of way line of CSX Railroad,a 100 foot
right of way as presently established;thence South 21°54'49"East,along said Westerly right of way line, 1705.82
feet; thence North 68°05'11" East, departing said Westerly right of way line, 100.00 feet to a point lying on the
Easterly right of way line of said CSX Railroad and the Point of Beginning.
From said Point of Beginning,thence North 21°54'49"West,along said Easterly right of way line of CSX Railroad,
352.10 feet to the Southwesterly corner of those lands described and recorded in Official Records Book 3242,page
272,of said Public Records;thence South 76°02'51"East,departing said Easterly right of way line of CSX Railroad
and along the Southerly line of last said lands, 743.00 feet;thence South 58°41'56"East,departing said Southerly
line,209.27 feet; thence South 65°44'29"East, 253.33 feet to the point of curvature of a curve concave Northerly
having a radius of 750.50 feet;thence Easterly along the arc of said curve,through a central angle of 35°24'50",an
arc length of 463.88 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of
South 83°26'54"East, 456.53 feet;thence Easterly along the arc of a curve concave Southerly having a radius of
549.50 feet, through a central angle of 19°07'04", an arc length of 183.35 feet to a point lying on said Southerly
line, said arc being subtended by a chord bearing and distance of North 88°24'13"East, 182.50 feet;thence South
76°02'51"East,along said Southerly line and along a non-tangent line,225.93 feet to a point lying on the Westerly
right of way line of State Road No. 15, a variable width right of way as presently established; thence South
10°38'38"West,departing said Southerly line and along said Westerly right of way line, 146.30 feet to a point on a
non-tangent curve concave Southwesterly having a radius of 25.00 feet; thence Northwesterly, departing said
Westerly right of way line and along the arc of said curve, through a central angle of 86°41'30", an arc length of
37.83 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of North
32°42'06"West, 34.32 feet;thence North 76°02'51"West, 65.36 feet to the point of curvature of a curve concave
Northerly having a radius of 1064.00 feet; thence Westerly along the arc of said curve,through a central angle of
06°08'31",an arc length of 114.06 feet to a point of reverse curvature,said arc being subtended by a chord bearing
and distance of North 72°58'36" West, 114.00 feet; thence Westerly along the arc of a curve concave Southerly
having a radius of 300.00 feet, through a central angle of 31°21'51", an arc length of 164.22 feet to a point of
reverse curvature, said arc being subtended by a chord bearing and distance of North 85°35'16"West, 162.18 feet;
thence Westerly along the arc of a curve concave Northerly having a radius of 855.50 feet,through a central angle of
35°31'43", an arc length of 530.49 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of North 83°30'20" West, 522.03 feet; thence North 65°44'29" West, 376.02 feet; thence
North 73°24'59"West,220.43 feet to the point of curvature of a curve concave Southerly having a radius of 450.00
feet;thence Westerly along the arc of said curve,through a central angle of 38°29'50",an arc length of 302.36 feet
to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 87°20'06"
West, 296.70 feet; thence South 68°05'11" West, 114.09 feet to the Point of Beginning.
Containing 6.12 acres, more or less.
EXHIBIT "A"
PAGE 2 OF 6
Phase 2A West
A portion of Section 38 of the George I.F. Clarke Grant,Township 6 South,Range 26 East, Clay County,Florida,
being a portion of those lands described and recorded in Official Records Book 4610, page 334 and a portion of
those lands described and recorded in Official Records Book 4739,page 1287, both of the Public Records of said
county and being more particularly described as follows:
For a Point of Reference,commence at the intersection of the Southerly right of way line of Green Cove Avenue,a
variable width right of way as presently established,with the Westerly right of way line of CSX Railroad,a 100 foot
right of way as presently established;thence South 21°54'49"East,along said Westerly right of way line, 1424.74
feet to the Point of Beginning.
From said Point of Beginning, thence South 21°54'49" East, continuing along said Westerly right of way line of
CSX Railroad, 1441.48 feet;thence North 77°07'44"West,departing said Westerly right of line of CSX Railroad,
122.24 feet; thence North 26°41'00" West, 25.94 feet; thence North 77°07'44" West, 987.89 feet to the point of
curvature of a curve concave Northeasterly having a radius of 30.00 feet;thence Northwesterly along the arc of said
curve, through a central angle of 23°48'19", an arc length of 12.46 feet to a point on said curve, said arc being
subtended by a chord bearing and distance of North 65°13'34" West, 12.37 feet; thence South 12°52'16" West,
along a non-tangent line, 298.31 feet; thence South 13°41'38" East, 124.03 feet; thence South 51°20'07" East,
122.51 feet; thence South 77°07'44" East, 19.40 feet; thence South 12°52'16" West, 140.00 feet; thence North
77°07'44" West, 128.14 feet to a point on a non-tangent curve concave Westerly having a radius of 30.00 feet;
thence Southerly along the arc of said curve,through a central angle of 11°10'23",an arc length of 5.85 feet to the
point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 07°49'37"West,
5.84 feet; thence South 13°24'49" West, 174.50 feet to the point of curvature of a curve concave Northeasterly
having a radius of 20.00 feet;thence Southeasterly along the arc of said curve,through a central angle of 90°32'32",
an arc length of 31.61 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and
distance of South 31°51'27"East,28.42 feet;thence South 77°07'44"East,95.62 feet to the point of curvature of a
curve concave Southwesterly having a radius of 30.00 feet;thence Southeasterly along the arc of said curve,through
a central angle of 65°47'41",an arc length of 34.45 feet to a point of reverse curvature, said arc being subtended by
a chord bearing and distance of South 44°13'53" East, 32.59 feet; thence Southeasterly along the arc of a curve
concave Northeasterly having a radius of 20.00 feet,through a central angle of 65°47'41", an arc length of 22.97
feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South
44°13'53"East, 21.73 feet;thence South 77°07'44"East, 249.40 feet to the point of curvature of a curve concave
Southwesterly having a radius of 30.00 feet; thence Southeasterly along the arc of said curve, through a central
angle of 90°00'00",an arc length of 47.12 feet to the point of tangency of said curve, said arc being subtended by a
chord bearing and distance of South 32°07'44"East, 42.43 feet;thence South 12°52'16" West, 200.23 feet to the
point of curvature of a curve concave Northerly having a radius of 55.00 feet;thence Westerly along the arc of said
curve, through a central angle of 147°00'05", an arc length of 141.11 feet to a point of reverse curvature, said arc
being subtended by a chord bearing and distance of South 86°22'19"West, 105.47 feet;thence Northwesterly along
the arc of a curve concave Southwesterly having a radius of 175.00 feet,through a central angle of 45°00'00",an arc
length of 137.44 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of
North 42°37'38"West, 133.94 feet;thence Northwesterly along the arc of a curve concave Northeasterly having a
radius of 200.00 feet, through a central angle of 15°22'11", an arc length of 53.65 feet to a point of reverse
curvature, said arc being subtended by a chord bearing and distance of North 57°26'32" West, 53.49 feet;thence
Northwesterly along the arc of a curve concave Southwesterly having a radius of 550.00 feet, through a central
angle of 14°21'16",an arc length of 137.79 feet to the point of tangency of said curve,said arc being subtended by a
chord bearing and distance of North 56°56'05"West, 137.43 feet;thence North 64°06'43"West, 192.94 feet to the
point of curvature of a curve concave Northeasterly having a radius of 30.00 feet; thence Northwesterly along the
arc of said curve, through a central angle of 16°50'59", an arc length of 8.82 feet to a point on said curve, said arc
being subtended by a chord bearing and distance of North 55°41'13"West,8.79 feet;thence South 71°25'45"West,
along a non-tangent line, 23.65 feet; thence South 20°06'44" West, 35.78 feet to the point of curvature of a curve
concave Northwesterly having a radius of 985.00 feet;thence Southwesterly along the arc of said curve,through a
central angle of 72°04'08", an arc length of 1238.97 feet to the point of tangency of said curve, said arc being
subtended by a chord bearing and distance of South 56°08'48"West, 1158.90 feet;thence North 87°49'08"West,
74.40 feet to a point on a non-tangent curve concave Southeasterly having a radius of 25.00 feet; thence
Northeasterly along the arc of said curve,through a central angle of 78°27'47",an arc length of 34.24 feet to a point
on said curve,said arc being subtended by a chord bearing and distance of North 52°56'59"East,31.62 feet;thence
EXHIBIT "A"
PAGE 3 OF 6
North 02°10'52"East,along a non-tangent line, 100.00 feet;thence South 87°49'08"East,49.91 feet to the point of
curvature of a curve concave Northwesterly having a radius of 865.00 feet;thence Northeasterly along the arc of
said curve,through a central angle of 72°04'08",an arc length of 1088.03 feet to the point of tangency of said curve,
said arc being subtended by a chord bearing and distance of North 56°08'48" East, 1017.71 feet; thence North
20°06'44"East, 290.62 feet to the point of curvature of a curve concave Westerly having a radius of 100.00 feet;
thence Northerly along the arc of said curve,through a central angle of 83°04'16",an arc length of 144.99 feet to a
point lying on the Easterly line of those lands described and recorded in Official Records Book 4739,page 1857,of
said public records,said arc being subtended by a chord bearing and distance of North 21°25'24"West, 132.62 feet;
thence Northeasterly along said Easterly line and along the Northwesterly line of said lands described and recorded
in Official Records Book 4739,page 1287,of said Public Records the following 11 courses:Course 1,thence North
27°02'28"East,along a non-tangent line,20.00 feet to a point on a non-tangent curve concave Northeasterly having
a radius of 440.00 feet; Course 2, thence Northwesterly along the arc of said curve, through a central angle of
04°34'43", an arc length of 35.16 feet to a point on said curve, said arc being subtended by a chord bearing and
distance of North 60°40'11" West, 35.15 feet; Course 3, thence North 31°37'11" East, 86.00 feet to a point on a
non-tangent curve concave Northwesterly having a radius of 120.00 feet; Course 4,thence Northeasterly along the
arc of said curve, through a central angle of 87°21'29", an arc length of 182.96 feet to a point of compound
curvature,said arc being subtended by a chord bearing and distance of North 63°04'27"East, 165.75 feet;Course 5,
thence Northerly along the arc of a curve concave Westerly having a radius of 950.00 feet,through a central angle of
06°31'27",an arc length of 108.17 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of North 16°08'00"East, 108.12 feet; Course 6,thence North 12°52'16"East, 174.12 feet to
the point of curvature of a curve concave Easterly having a radius of 1250.00 feet;Course 7,thence Northerly along
the arc of said curve,through a central angle of 17°35'55",an arc length of 383.94 feet to a point on said curve,said
arc being subtended by a chord bearing and distance of North 21°40'14" East, 382.43 feet to a point on a non-
tangent curve concave Southeasterly having a radius of 1441.24 feet;Course 8,thence Northeasterly along the arc of
said curve,through a central angle of 05°53'59",an arc length of 148.41 feet to the point of tangency of said curve,
said arc being subtended by a chord bearing and distance of North 26°05'53"East, 148.34 feet; Course 9, thence
North 29°02'53" East, 373.29 feet to the point of curvature of a curve concave Southeasterly having a radius of
517.02 feet; Course 10,thence Northeasterly along the arc of said curve,through a central angle of 39°09'19",an
arc length of 353.33 feet to a point on said curve,said arc being subtended by a chord bearing and distance of North
48°37'32" East, 346.49 feet; Course 11, thence North 68°05'11" East, along a non-tangent line, 70.00 feet to the
Point of Beginning.
Containing 30.00 acres, more or less.
Rookery Phase 2B Parcel 2
A portion of Section 38 of the George I.F. Clarke Grant,Township 6 South,Range 26 East, Clay County,Florida,
being a portion of those lands described and recorded in Official Records Book 4610, page 334, and a portion of
those lands described and recorded in Official Records Book 4739,page 1287, both of the Public Records of said
county, being more particularly described as follows:
For a Point of Reference commence at the intersection of the Southeasterly right of way line of Green Cove Avenue,
a variable width right of way as presently established,with the Westerly right of way line of CSX Railroad,formerly
Atlantic Coastline Railroad, a 100 foot right of way as presently established; thence South 21°54'49" East, along
said Westerly right of way line, 2866.23 feet to the Point of Beginning.
From said Point of Beginning,thence continue South 21°54'49"East, along said Westerly right of way line, 60.88
feet to the Northeasterly corner of those lands described and recorded in Official Records Book 3855,page 1391,of
said Public Records; thence North 77°07'44" West, departing said Westerly right of way line and along the
boundary line of last said lands, 66.97 feet; thence South 21°54'49" East, continuing along said boundary line,
292.87 feet;thence South 68°05'11"West,departing said boundary line, 100.00 feet;thence South 39°42'42"West,
185.02 feet to a point on a non-tangent curve concave Southwesterly having a radius of 330.00 feet; thence
Northwesterly along the arc of said curve,through a central angle of 18°12'10", an arc length of 104.84 feet to a
point on said curve,said arc being subtended by a chord bearing and distance of North 60°31'06"West, 104.40 feet;
thence South 20°22'49" West, along a non-tangent line, 60.00 feet to a point on a non-tangent curve concave
EXHIBIT "A"
PAGE 4 OF 6
Southerly having a radius of 270.00 feet; thence Westerly along the arc of said curve, through a central angle of
03°23'13", an arc length of 15.96 feet to a point on said curve, said arc being subtended by a chord bearing and
distance of North 71°18'48"West, 15.96 feet;thence South 14°05'40"West,along a non-tangent line, 118.06 feet;
thence South 28°19'56" East, 30.52 feet to a point on a non-tangent curve concave Southerly having a radius of
30.00 feet;thence Easterly along the arc of said curve,through a central angle of 69°25'46", an arc length of 36.35
feet to a point of compound curvature,said arc being subtended by a chord bearing and distance of South 83°37'03"
East,34.17 feet;thence Southeasterly along the arc of a curve concave Southwesterly having a radius of 150.00 feet,
through a central angle of 26°59'21", an arc length of 70.66 feet to the point of tangency of said curve, said arc
being subtended by a chord bearing and distance of South 35°24'29"East,70.01 feet;thence South 21°54'49"East,
146.42 feet to the point of curvature of a curve concave Westerly having a radius of 30.00 feet; thence Southerly
along the arc of said curve, through a central angle of 83°49'23", an arc length of 43.89 feet to a point of reverse
curvature, said arc being subtended by a chord bearing and distance of South 19°59'52" West, 40.08 feet;thence
Southwesterly along the arc of a curve concave Southeasterly having a radius of 450.00 feet,through a central angle
of 29°39'36", an arc length of 232.95 feet to a point of reverse curvature, said arc being subtended by a chord
bearing and distance of South 47°04'45"West,230.36 feet;thence Southwesterly along the arc of a curve concave
Northwesterly having a radius of 30.00 feet,through a central angle of 65°15'04", an arc length of 34.17 feet to a
point on said curve,said arc being subtended by a chord bearing and distance of South 64°52'29"West,32.35 feet;
thence South 12°52'16"West,along a non-tangent line, 155.13 feet;thence South 58°36'59"West, 12.99 feet to a
point on a non-tangent curve concave Westerly having a radius of 30.00 feet;thence Southerly along the arc of said
curve,through a central angle of 46°46'16", an arc length of 24.49 feet to a point of compound curvature, said arc
being subtended by a chord bearing and distance of South 07°59'53"East,23.81 feet;thence Southerly along the arc
of a curve concave Westerly having a radius of 850.00 feet,through a central angle of 13°48'22", an arc length of
204.82 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of South
22°17'26"West,204.32 feet;thence Westerly along the arc of a curve concave Northerly having a radius of 30.00
feet,through a central angle of 89°49'14",an arc length of 47.03 feet to the point of tangency of said curve,said arc
being subtended by a chord bearing and distance of South 74°06'14" West, 42.36 feet; thence North 60°59'08"
West,225.91 feet to the point of curvature of a curve concave Northeasterly having a radius of 200.00 feet;thence
Northwesterly along the arc of said curve, through a central angle of 63°07'32", an arc length of 220.35 feet to a
point of compound curvature,said arc being subtended by a chord bearing and distance of North 29°25'22"West,
209.37 feet; thence Northerly along the arc of a curve concave Easterly having a radius of 30.00 feet, through a
central angle of 18°47'14",an arc length of 9.84 feet to a point on said curve, said arc being subtended by a chord
bearing and distance of North 11°32'01"East, 9.79 feet;thence North 69°04'22" West, along a non-tangent line,
159.96 feet;thence South 65°57'12"West, 163.27 feet to a point on a non-tangent curve concave Westerly having a
radius of 30.00 feet;thence Southerly along the arc of said curve,through a central angle of 58°36'43",an arc length
of 30.69 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South
05°15'33" West,29.37 feet; thence Southerly along the arc of a curve concave Easterly having a radius of 175.00
feet,through a central angle of 58°59'38",an arc length of 180.19 feet to a point of reverse curvature,said arc being
subtended by a chord bearing and distance of South 05°04'06"West, 172.33 feet;thence Southerly along the arc of
a curve concave Westerly having a radius of 30.00 feet,through a central angle of 47°47'46",an arc length of 25.03
feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 00°31'50" East,
24.31 feet;thence South 50°45'27"East,along a non-tangent line, 165.65 feet;thence South 34°06'17"East,45.94
feet; thence South 04°17'30" East, 56.62 feet to a point on a non-tangent curve concave Southeasterly having a
radius of 20.74 feet;thence Southwesterly along the arc of said curve,through a central angle of 77°34'48",an arc
length of 28.08 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South
61°47'46" West, 25.99 feet; thence South 24°50'24" West, along a non-tangent line, 25.60 feet; thence South
21°22'14"West, 101.13 feet to a point on a non-tangent curve concave Northwesterly having a radius of 2584.99
feet;thence Southwesterly along the arc of said curve,through a central angle of 10°03'14",an arc length of 453.60
feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 28°46'28" West,
453.01 feet; thence Southwesterly along the arc of a non-tangent curve concave Northwesterly having a radius of
3754.47 feet, through a central angle of 07°19'54", an arc length of 480.43 feet to a point on said curve, said arc
being subtended by a chord bearing and distance of South 39°48'06"West,480.10 feet;thence Southwesterly along
the arc of a non-tangent curve concave Northwesterly having a radius of 2552.73 feet, through a central angle of
14°50'34", an arc length of 661.29 feet to a point on said curve, said arc being subtended by a chord bearing and
distance of South 53°38'19"West,659.45 feet;thence South 62°57'42"West,along a non-tangent line, 105.87 feet;
thence South 61°55'23" West, 73.20 feet to a point on a non-tangent curve concave Northwesterly having a radius
EXHIBIT "A"
PAGE 5 OF 6
of 3295.96 feet; thence Southwesterly along the arc of said curve, through a central angle of 00°24'12", an arc
length of 23.21 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South
65°55'03" West, 23.21 feet; thence Southwesterly along the arc of a non-tangent curve concave Southeasterly
having a radius of 70.73 feet, through a central angle of 32°14'04", an arc length of 39.79 feet to a point on said
curve,said arc being subtended by a chord bearing and distance of South 52°25'45"West,39.27 feet;thence North
55°31'43" West, along a non-tangent line, 280.70 feet; thence North 04°50'38" East, 40.16 feet; thence North
34°28'17" East, 191.66 feet; thence North 50°11'32"East, 62.03 feet to a point on a non-tangent curve concave
Easterly having a radius of 30.00 feet; thence Northerly along the arc of said curve, through a central angle of
68°27'06", an arc length of 35.84 feet to a point of reverse curvature, said arc being subtended by a chord bearing
and distance of North 05°34'55" West, 33.75 feet; thence Northerly along the arc of a curve concave Westerly
having a radius of 950.00 feet, through a central angle of 12°31'08", an arc length of 207.57 feet to a point of
reverse curvature, said arc being subtended by a chord bearing and distance of North 22°23'03"East, 207.16 feet;
thence Northeasterly along the arc of a curve concave Southeasterly having a radius of 30.00 feet,through a central
angle of 64°21'40",an arc length of 33.70 feet to a point on said curve,said arc being subtended by a chord bearing
and distance of North 48°18'19" East, 31.96 feet; thence North 09°30'51" West, along a non-tangent line, 40.16
feet;thence North 08°50'35"East, 113.56 feet;thence North 21°01'59"East,61.04 feet to a point on a non-tangent
curve concave Northeasterly having a radius of 30.00 feet;thence Northwesterly along the arc of said curve,through
a central angle of 69°18'20",an arc length of 36.29 feet to a point of reverse curvature,said arc being subtended by
a chord bearing and distance of North 34°18'51" West, 34.12 feet; thence Northerly along the arc of a curve
concave Westerly having a radius of 950.00 feet,through a central angle of 21°00'15",an arc length of 348.26 feet
to a point of reverse curvature,said arc being subtended by a chord bearing and distance of North 10°09'49"West,
346.32 feet; thence Northerly along the arc of a curve concave Easterly having a radius of 350.00 feet, through a
central angle of 22°09'16",an arc length of 135.33 feet to a point of compound curvature,said arc being subtended
by a chord bearing and distance of North 09°35'18" West, 134.49 feet; thence Northerly along the arc of a curve
concave Easterly having a radius of 30.00 feet,through a central angle of 32°27'18",an arc length of 16.99 feet to a
point on said curve,said arc being subtended by a chord bearing and distance of North 17°42'59"East, 16.77 feet;
thence North 56°03'22" West, along a non-tangent line, 14.04 feet; thence North 87°49'08" West, 112.58 feet;
thence North 02°10'52"East,95.00 feet to the point of curvature of a curve concave Southeasterly having a radius
of 30.00 feet;thence Northeasterly along the arc of said curve,through a central angle of 90°00'00",an arc length of
47.12 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of North
47°10'52"East, 42.43 feet; thence South 87°49'08"East, 1.00 feet; thence North 02°10'52"East, 60.00 feet to a
point on a non-tangent curve concave Northeasterly having a radius of 25.00 feet;thence Northwesterly along the
arc of said curve,through a central angle of 90°00'00", an arc length of 39.27 feet to the point of tangency of said
curve,said arc being subtended by a chord bearing and distance ofNorth 42°49'08"West,35.36 feet;thence North
02°10'52"East,90.00 feet to the point of curvature of a curve concave Easterly having a radius of 25.00 feet;thence
Northerly along the arc of said curve,through a central angle of 11°32'13", an arc length of 5.03 feet to a point on
said curve, said arc being subtended by a chord bearing and distance of North 07°56'59" East, 5.03 feet; thence
South 87°49'08" East, along a non-tangent line, 74.40 feet to the point of curvature of a curve concave
Northwesterly having a radius of 985.00 feet; thence Northeasterly along the arc of said curve, through a central
angle of 72°04'08",an arc length of 1238.97 feet to the point of tangency of said curve,said arc being subtended by
a chord bearing and distance of North 56°08'48"East, 1158.90 feet;thence North 20°06'44"East,35.78 feet;thence
North 71°25'45"East,23.65 feet to a point on a non-tangent curve concave Northeasterly having a radius of 30.00
feet; thence Southeasterly along the arc of said curve, through a central angle of 16°50'59", an arc length of 8.82
feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South
55°41'13" East, 8.79 feet; thence South 64°06'43" East, 192.94 feet to the point of curvature of a curve concave
Southwesterly having a radius of 550.00 feet; thence Southeasterly along the arc of said curve, through a central
angle of 14°21'16",an arc length of 137.79 feet to a point of reverse curvature,said arc being subtended by a chord
bearing and distance of South 56°56'05" East, 137.43 feet; thence Southeasterly along the arc of a curve concave
Northeasterly having a radius of 200.00 feet,through a central angle of 15°22'11",an arc length of 53.65 feet to a
point of reverse curvature,said arc being subtended by a chord bearing and distance of South 57°26'32"East,53.49
feet;thence Southeasterly along the arc of a curve concave Southwesterly having a radius of 175.00 feet,through a
central angle of 45°00'00",an arc length of 137.44 feet to a point of reverse curvature,said arc being subtended by a
chord bearing and distance of South 42°37'38"East, 133.94 feet;thence Easterly along the arc of a curve concave
Northerly having a radius of 55.00 feet,through a central angle of 147°00'05", an arc length of 141.11 feet to the
point of tangency of said curve,said arc being subtended by a chord bearing and distance of North 86°22'19"East,
EXHIBIT "B"
REUSE POLICY
PAGE 1 OF 2
Effective Date- Thirty (30) days after Board's approval of the policy, for all developments that have not
met the filing requirements of the County's Zoning Department,which requires each new development to be
reviewed by the Development Review Committee (DRC), or for those developments not requiring DRC
approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water
and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for
a DRC meeting,which is incomplete as of the effective date of this policy, shall not be considered as filed
timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was filed with
DRC prior to the effective date of this policy, within fifteen months after the effective date of the policy,
then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development Review
Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI) agreements which
may not be technically required to install residential reuse, but who choose to do so in settlement of minor
and/or major modifications to the structure and composition of developments within the DRI.These shall be
regulated and charged under this proposed policy and effective date criteria the same as all other
developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
1. Developments occurring under DRI agreements or Florida Quality Development
(FQD) agreements, which are not required by said agreement to install residential
reuse and who do not volunteer to provide residential reuse piping systems.
2. Developments which, as of the date of enactment of this policy, own and maintain
their own reuse pumping plant and purchase bulk service from the CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998, at a
prior approved rate and still have an inventory of prepaid connections, shall be
exempt until such prepaid connections are used up.
4. Developments and/or communities that own, operate and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water
When it is Available-All developments occurring after the effective date of this policy will be reviewed by
the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall
include commercial, public facilities, industrial, as well as residential developments.
Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will
be Required -
(1) Financial feasibility of extending a trunk main to an area at that time,or some planned future
date, to provide reuse water to the proposed reuse system. This item shall consider the size of the
development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining
developable property in the area, complexity of existing development of area which trunk mains must pass
through, natural geographical barriers (or obstacles), environmental damage, etc.
EXHIBIT "A"
PAGE 6 OF 6
105.47 feet;thence North 12°52'16"East, 200.23 feet to the point of curvature of a curve concave Southwesterly
having a radius of 30.00 feet; thence Northwesterly along the arc of said curve, through a central angle of
90°00'00", an arc length of 47.12 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of North 32°07'44"West,42.43 feet;thence North 77°07'44"West,249.40 feet to the point of
curvature of a curve concave Northeasterly having a radius of 20.00 feet;thence Northwesterly along the arc of said
curve,through a central angle of 65°47'41",an arc length of 22.97 feet to a point of reverse curvature,said arc being
subtended by a chord bearing and distance of North 44°13'53"West,21.73 feet;thence Northwesterly along the arc
of a curve concave Southwesterly having a radius of 30.00 feet,through a central angle of 65°47'41",an arc length
of 34.45 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of
North 44°13'53" West, 32.59 feet; thence North 77°07'44" West, 95.62 feet to the point of curvature of a curve
concave Northeasterly having a radius of 20.00 feet; thence Northwesterly along the arc of said curve, through a
central angle of 90°32'32", an arc length of 31.61 feet to the point of tangency of said curve, said arc being
subtended by a chord bearing and distance of North 31°51'27" West, 28.42 feet; thence North 13°24'49" East,
174.50 feet to the point of curvature of a curve concave Westerly having a radius of 30.00 feet; thence Northerly
along the arc of said curve,through a central angle of 11°10'23",an arc length of 5.85 feet to a point on said curve,
said arc being subtended by a chord bearing and distance of North 07°49'37" East, 5.84 feet; thence South
77°07'44" East, along a non-tangent line, 128.14 feet; thence North 12°52'16" East, 140.00 feet; thence North
77°07'44"West, 19.40 feet;thence North Si°20'07"West, 122.51 feet;thence North 13°41'38"West, 124.03 feet;
thence North 12°52'16"East,298.31 feet to a point on a non-tangent curve concave Northeasterly having a radius of
30.00 feet;thence Southeasterly along the arc of said curve,through a central angle of 23°48'19",an arc length of
12.46 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South
65°13'34" East, 12.37 feet; thence South 77°07'44" East, 987.89 feet; thence South 26°41'00" East, 25.94 feet;
thence South 77°07'44" East, 122.24 feet to the Point of Beginning.
Containing 74.69 acres, more or less.
EXHIBIT "B"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with
the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for
the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are
required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for
the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water,
and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for
oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications
and details, shall apply to these reuse piping systems,the same as the potable water distribution systems and
wastewater collection systems.
EXHIBIT "C"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: The Rookery, Phase 2A, 2B & 2C
Engineer: Vincent J. Dunn, P.E.
Dunn &Associates, Inc.
8647 Baypine Road, Suite 200
Jacksonville, Florida 32256
Job Number: 2008-499-2
Date: March 11, 2024
Engineer Description Latest
Drawing Engineer
j Number Approved
Plan Date
1 Cover Sheet 4/24/2024
2 Index—Clay County General Notes 4/24/2024
3 Index—City of Green Cove Springs General Notes 4/24/2024
4 Index-Legend 4/24/2024
5 Index—Project Notes 4/24/2024
6-7 Existing Conditions and Demolition Plan ? 4/24/2024
8-16 Wetland Flag& Impact Plans 4/24/2024
17 Overall Site Plan 4/24/2024
18-25 2A Geometry Plans Pearce Blvd. 4/24/2024
26-37 Geometry Plan 4/24/2024
38-39 Pre Development&Post Development Plan 4/24/2024
40-57 2A & 2B Paving and Drainage Plans 4/24/2024
58 2B Drainage Structure Table 4/24/2024
59-65 Clearing and Grading Plans- PH 2C, PH 3 4/24/2024
66-68 Master Water, Reuse, and Sewer Plans 4/24/2024
69-93 2A Water, Reuse, and Sewer Plans 4/24/2024
94-104 Roadway and Sewer Profiles 4/24/2024
105-106 Pump Station Plan and Details 4/24/2024
107-116 CCUA Water, Sewer, Reuse, and Utility Placement Details 4/24/2024
117-122 COGCS Water, Sewer, Reuse Technical Specification Details 4/24/2024
123-129 Paving and Drainage Details 4/24/2024
130-131 Stormwater Pollution Prevention Plans i 4/24/2024
KS-1 Key Sheet 4/24/2024
TM 1-TM 10 2A & 2B Tree Mitigation Plan 4/24/2024
LS-1 —LS-9 2A & 2B Landscape Plan 4/24/2024
LS-10 Landscape Notes& Specifications 4/24/2024
LS-11 CGCS Code Requirements and Schedule 4/24/2024
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Disclaimer:The information displayed on this drawing or sheet is fora general visual representation purposes only.The drawing is based upon numerous sources of public ___---
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
- is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
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CCUA
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COV Title:
........"--1" Clay County Utility Authority CCUA Web Map
i- 3176 Old Jennings Road Info:
r� Middleburg, Florida 32068-3907 Water Features
Prepared by CCUAGIS Portal
'a Phone 904 272 5999 - Gravity Sewer Features
�t 6/12/2024,10:43:56 AM Forced Sewer Features
Conservation.Commitment.Community
/TYAUTN� 1 inch = 1,000 feet - Reclaimed Features