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HomeMy WebLinkAbout06.e.02 DA GC23.24-4 - The Rookery Off-Site Return to: GC23/24-4 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 THE ROOKERY OFF-SITE INFRASTRUCTURE ONLY (Green Cove System) Parcel Nos.: 38-06-26-016515-008-00 Name of Project &38-06-26-016515-009-00 Clay County DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT("Agreement"), made and entered into thisait4 day of avkettrec, 2024 by and between ROOKERY INVESTORS,LLC,a Florida limited liability company,hereinafter referred to as "Owner",D.R. HORTON,INC.—JACKSONVILLE, a Delaware corporation, hereinafter referred to as "Developer," and CLAY COUNTY UTILITY AUTHORITY, an independent special district established under Chapter 94-491, Laws of Florida, Special Acts of 1994,hereinafter referred to as "Utility". WHEREAS, Owner 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 has a contractual right to acquire and develop the Property; WHEREAS,Developer desires that the Utility provide central water,pumping,treatment,and distribution service and/or central wastewater collection, treatment, and disposal, and central reclaimed water service for the Property; WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,central 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 water,wastewater, and reclaimed water service from the Utility; WHEREAS,Owner authorizes Developer to enter into this Agreement and to assume all rights,duties and obligations of Developer as more particularly provided herein; 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 reclaimed water service by the Utility to the Property. NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Owner, 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 specified property. RECEIVED SEP 2 7 2024 -2 - (c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day (GPD)which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For this purpose the average daily flow of one potable water ERC is (450) GPD, one wastewater ERC is (311) GPD, and one reclaimed water ERC is (275) GPD. (d) "Point of Delivery" - The point where the pipes or meter of Utility are connected with the pipes of the consumer. Point of delivery for 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 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 it is the owner of the Property and has the legal right to grant the 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. Connection Charges-In addition to the contribution of any wastewater collection systems, water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to provide potable water, wastewater service, and reclaimed water 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) Potable Water Capacity Charge: ($360.00 x 0.00 ERCs) $ N/A Alternative Water Supply Surcharge: ($376.71 x 0.00 ERCs) $ N/A * SJWMD Black Creek Water Resource Charge: ($108.77 x 0.00 ERCs) $ N/A Wastewater Capacity Charge: ($3,200.00 x 0.00 ERCs) $ N/A Reclaimed Water Capacity Charge: ($300.00 x 0.00 ERCs) $ N/A * Debt Service Charge: ($149.00 x 0.00 ERCs) $ N/A * (b) Main Extension Charge -Water $ N/A Main Extension Charge - Wastewater $ N/A Main Extension Charge-Reclaimed $ N/A (c) Fire Protection Charge $ N/A (d) Meter Installation Charge $ N/A * Reclaimed Meter Installation Charge $ N/A * (e) Plan Review Fee $ 885.50 * (f) Inspection Fee $ 3,467.27 * (g) Recording Fee $ 153.92 Total $ 4,506.69)/ * - This Agreement does not include connection or meter installation charges. This Agreement covers the plan review& inspection fees for the offsite infrastructure only. Note: Items (e)and(f)are estimates and are subject to adjustment based on actual cost incurred. - 3 - Payment of the above charges 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 Owner, nor any person or other entity holding any of the Property by,through or under Owner, 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 and Owner 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 and Owner are 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 water service connections. 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, wastewater, and reclaimed water 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. -4 - 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 and Owner, as applicable, agree 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: (a) Developer shall 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) Developer shall 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) Developer shall assign any and all warranties and/or maintenance bonds as set forth herein. (d) Developer shall 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) Owner shall 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) Owner shall 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) Developer shall provide a copy of the Project Engineer's final certification of completion to the Florida Department of Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with approved plans. - 5 - 6. Off-Site Installations Developer shall further construct all transmission mains, pump stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's transmission system, as determined by Utility. Utility may require Developer to oversize off- site transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The costs associated with construction of over-sized facilities which provide Utility with excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy. 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 contained in paragraph 5 (as to Developer and Owner) and in paragraphs 6 and 7 (as to Developer), 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 or Owner, as applicable, 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 and Owner,temporarily interrupt service to the Property until such outstanding covenant or agreement of Developer and/or Owner 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, 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, 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 — 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,wastewater,and reclaimed water 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. - 6 - The use of easements granted by Owner 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. 10. Utility's Exclusive Right to Utility Facilities—Developer and Owner agree 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 and 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 water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to provide 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, Owner and individual consumers of water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by the Board of Supervisors of the Clay County Utility Authority 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 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. Ouality 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 Owner or Developer. 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. In the event Utility determines that the Property to be served poses a threat of introducing chlorides,salt water,or similar constituents into the collection or transmission system at levels determined by the Utility to be harmful to the wastewater system, including, but not limited to,the system's ability to provide effluent meeting reclaimed water standards as an irrigation supply source,the Utility has the right, in its reasonable discretion, to decline or discontinue service to such property or customer and to require such pretreatment or other measures as are necessary to protect the integrity of Utility's system and the ability to serve its members. - 7 - 14. Binding Effect of Agreement - This Agreement shall be binding upon and shall inure to the benefit of Developer, Owner, Utility and their respective assigns and successors by merger, consolidation, conveyance or otherwise. Any assignment or transfer by either Owner or 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 Owner and 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 telegram, and if to Developer, shall be mailed or delivered to Developer at: D.R. Horton, Inc.—Jacksonville 4220 Race Track Road St. Johns, FL 32259 and if to Owner at: Rookery Investors,LLC 12443 San Jose Boulevard, Ste. 504 Jacksonville, Florida 32223 and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3 07 9 or 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 any party hereto 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 any 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 - 19. Indemnification -Developer and Owner agree 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 or Owner's, or both of such parties', performance of this Agreement. This indemnification provision shall survive the actual connection to Utility's potable water,wastewater, and reclaimed water systems. MISCELLANEOUS PROVISIONS 20. The rights, privileges, obligations and covenants of Developer, Owner 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, Owner and Utility, made with respect to the matters herein contained, and when duly executed, constitutes the agreement between Developer, 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 m 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 Agreement for examination by Developer and/or Owner 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. 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 or Owner to Third Parties without the written consent of Utility, except in the case of a bona-fide sale of the 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. - 9 - 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 or Utility, 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 the Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings will be paid directly by Developers' licensed underground utility contractor and shall be provided in accordance with Utility's "As-built Specifications Standards Manual", which can be obtained from the Utility's website (www.clayutility.org). It shall be Developer's responsibility to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the required as-built drawing procedures. 30. It shall be Developer's responsibility or Developer's customers' responsibility, utilizing the project's potable water, reclaimed water, and wastewater service within Developer's project, to apply to Utility for service after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and accepted by Utility. Upon completion of application for potable water, reclaimed water, and wastewater service and payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any security deposits required, service will be initiated to customers within the Property. 31. Neither Developer nor Owner shall place any conservation easements over any of the easement lands that contain Utility's water, wastewater or reclaimed facilities for the project covered by this Agreement. 32. This Agreement is contingent upon Owner and/or Developer, as appropriate, granting or otherwise securing the easements to Utility covering the potable water,reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for providing the legal descriptions and maps for such easements to Utility, as shown on the plans prepared by Dunn & Associates, Inc., Project Number 2008-499, as described in Exhibit "B", prior to commencement of this project. This shall include (1) all easements necessary to accommodate water, wastewater, and reclaimed water stubs to adjacent properties; (2) an easement ten (10) feet in width lying parallel and adjacent to all right of way lines within the Property; (3) any easements within storm drainage retention pond areas or along lot lines that may be necessary to accommodate any storm water harvesting systems that Utility may choose to install within the 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. 34. Developer's connection points to Utility's system are to the 18-inch water main, 24-inch wastewater main,and 20-inch reclaimed water mains currently being installed by the Utility. The location of each connection point shall be agreed upon by Utility and Developer. All 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. - 10 - 35. Developer and/or Owner, as appropriate, 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 "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. 36. 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. 37. All water, wastewater, and reclaimed installations shall be in accordance with the plans prepared by Dunn&Associates,Inc.,Project Number 2008-499.The Developer's engineer or record shall modify the plans to include the offsite portion of the Utility's plant site to the connection point in a manner acceptable to the Utility. 38. 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. 39. No wells shall be permitted within or upon the Property for any purpose. 40. All of the easement areas acquired for this project shall be returned, as near as possible, to its pre-existing condition by Developer's State of Florida Licensed Underground Utility Contractor,when construction work within the easement areas is completed, including fence replacement. In addition,the timing and access for all such work shall be coordinated with Utility and the property owners. 41. Utility requested a proposal from the Developer's contractor, Jax Dirtworks, Inc., for the cost to upsize approximately 1,472 linear feet of 12-inch sewer force main to 16-inch sewer force main and extend 900 linear feet of 16-inch PVC water main, 16-inch PVC sewer force main and the 16-inch reclaimed water main. as shown on the plans prepared by Dunn&Associates,Inc.,Project Number 2008- 499, as described in Exhibit"B." The upsizing of the sewer force main and extension of the water, sewer force main, and reclaimed water main is part of the Utility's Master Planning. The Utility has agreed to reimburse the Developer$202,015.10 for the above-referenced upsizing and main extensions. The Utility shall reimburse the Developer for said construction cost upon their final acceptance and completion of the water,wastewater, and reclaimed water installation. 42. Owner, Developer and the Utility agree that the water, wastewater, and reclaimed water mains to the Rookery Off-Site Infrastructure are contingent upon the installation, completion, and final acceptance by Utility of the water, wastewater, and reclaimed water mains being installed as-part of the Governor's Park Water Treatment Facility&Master Lift Station Projects. - 11 - 43. The construction of this project will not commence until receipt by Utility of all permits and easements, if necessary,this Agreement is executed, and the charges stated herein are paid. • 44. This Agreement will need to be executed by Developer and Owner, the charges paid (shown on page 2 of Agreement), prior to October 1, 2024, and the construction of the utilities shall be commenced prior to 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. IN WITNESS WHEREOF, Owner, Developer and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: OWNER: ROOKERY INVESTORS,LLC, a Florida limited liability company Witness: -4 • Print Name: KENNETH JOHNS, JR By: Matovina& Company, a Florida corporation, its Manager Witness:GK By: e( Print Name: �( i L Grego E. Matovina, President STATE OF FL p AS OA. COUNTY OF ( tj U r L The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization this )4,11) day of S..g te".1,0e! , 2024, by GREGORY E. MATOVINA, as PRESIDENT of MATOVINA & COMPANY, a Florida corporation, MANAGER of ROOKERY INVESTORS, LLC, a Florida limited liability company, on behalf of the company, w o ispersonallY kno wn pwn to me or who has produced , as Identification. 114-RAMA-g— 6.RAA0 Printed Name: -NNIFTH ..,. •10H\IS, JR. Notary Public, State of Florida at Large My Commission Expires: - 12 - WITNESSES: DEVELOPER: D.R. HORTON, INC. -JACKSONVIL �a y Delaware corporation Witness: 04,17 .1.Ze-f. Print Name: -)03, /7 -2,3,Y rr�%'�� By: ' Philip A.Fremento, Vice President Witness: 424410.4 Print Nam ".e nri r\SG STATE OF FLORIDA COUNTY OF ST. JOHNS The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this C® day of 5161. ,2024, by PHILIP A. FREMENTO, as VICE PRESIDENT of D.R. HORTON,INC.—JACKSONVILLE, a Delaware corporation, on behalf of the company,who is personally known to me. Printed Name: ,?/ed ie: 4, DEBORAH E.MCCLURE .••4 Notary Public, State of Florida at Large * i:> * Commission#HH502505 My Commission Expires: a Expires July 10,2028 OF Ft.. - 13 - WITNESSES: UTILITY: CLAY COUNTY UTILIT • _ THORITY • rW' .` - cr N 1W ' " I By: _.._i= ���►,� ' rint Name: 1 plq IA_( j , Je •my Wa.ton, E.,M.B.A. Exe uti . •r VIM (Corporate Seal) Witness:•CA5la Print Name: ummer P. Be • STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of Ill physical presence or ❑ ' online notarization this 9146 day of.Spret1ber , 2024 by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY, who is pers�allx know r who has produced , as identification. _Caliatft_LR—IFWG-- Print Name: Summer P. Bemdt `�,ti V V',, SUMMER P BERNDT Notary Public 6-1,Notary Public-State of Florida State of Florida at Large */-='\*- Commission#HH 450194 "*I.TIr'O My Commission Expires My Commission Expires: DI/o?(o/a'Z� ��'�%iiiiM1o�� January 26, 2028 THE ROOKERY OFFSITE INFRASTRUCTURE ONLY Parcel Nos.: 3 8-06-26-016515-008-00 & 38-06-26-016515-009-00 Clay County EXHIBIT "A" PAGE 1 OF 2 A portion of Section 38 of the George l.r. Clarke Grant,:Township 6•South, Range 26,East;Clay County,-Florida, being a portion of those lands described and recorded in Official Records Book 1545,page 5 13,ot the Public Records of said county;'being more particularly described as fallow: For Point of Beginning,commence at-the intersection of the Northerly right of way line of State Road No.23(First Coast Outer Beltway),a.variable width right of way per Florida Department of Transportation Right of Way Map Section 71493,with Easterly right of way line of County Road No. 15A(South Oakridge Avenue),a top' right of way per State Road Department Right of'Way Map Section 7101 105.; thence North 02°07'57' East, ;along said Easterly right of way line, 7211 87 feetto the Southwesterly corner of.those lands described and recorded in Official Records Book 4580,page 2153,of said Public Records,thennceEasterly along the boundary line.of last said lands the following 12 courses Course 1, thence-South 88'31'42" East, departing said Easterly right of way line, 282:59 feet; Course 2, thence North 21°17'17" East; 16155 feet; Course 3, thence South 68'42'43" East, 287.10 feet; Course 4, thence South 58652'43"East, 32.90 feet; Course 5,thence South 37'48'5:4"East,22:40 feet;.Course 6, thence North 70°53'31"East, 15.20 feet;Course 7, thence North 34'14'49"East,52 23_feet, Course 8,thence South 88°17'22"East, 94.17 feet; Course 9, thence North 31.'43731" East, 427.82 feet; Course 16, thence North 73'46'32" West, 158.11 feet; Course 11,thence North 13°06'51" East, 477.10 .feet; Course. 12, thence North 10'55'57"East, 105.79 feet to a point lying on the Southerly line of Parcel"A" as described and recorded in Official Records Book 3316,page 1098,of-said Public Records;thcnee Easterly along said Southerly line the following 3 courses: .Course 1, South 77°17'55" East, departing said boundary line, -42,83 feet; Course 2, thence North 08°55 45"East, 36...14 feet; Course 3,.thence South 77'06'26" East,,2890 91 feet to the Northwesterly corner of those lands described and recorded in Official Records Book 3855,page 1391,,of said.Public Records;thence along the boundary line of Iast said lands the following 8 courses:. Course 1; thence South 21 54'49" East, departing said-Southerly line, 3242.16 feet; Course 2, thence South 68'95'09" West, 1307.43 feet;Course 3,thence South 21°54'51"East,1026:34 feet;Course 4, thence South '53908 34"east,60.00'feet;Course.5,.thence;South46°22'05"East,340.91 feet;Course 6, thence South 21°54'44".East,-746.30 feet,Coarse 7,thence North 69''?8'0S"East,93380,feet;Course 8, thence North 67010 35"East,256.71 feet to the Easterly most corner thereof,said cornier lying on the.Westerly right of way line...of CSXXRailroad,:a 100,foot right of way.as presently_established; thence South 21°54'49"East,departing said boundary line and along said Westerly-right of way line, 1599.27 feet to a point lying on'the Northwesterly right:of way line of State:Road No. 15 (U:S. Highway 1.7), a variable width right of r ay per Florida Department of Transportation Right of Way Map Section-71010 2057 and 71 010-2513;thence.Southwesterly departing said Westerly right of way hue,,along`said Northwesterly right of way line and along:the an of a nontangei t curve concave.North'sesterly having a radius of2754:79 feet,through a central angle of 10°20'I2' an arc length of 496:99 feet to a point lying.on the:Southerly line'of said Official Records Boole: 1545, page.513 5:said arc:bein subtended bya chord.bearing and distance of South 32 55 09: Pg }; � g . .. West,4963,1 feet; thence South 67°49'42"West, departing said Northwesterly right of way Iine, along said,Snuthe ly line,and along a non tangent line,206 00 feet;thence;South 66°04'45"West; continuing,along said Southerly line,2122 98 feet to a point lyin on said Northerly right of way line of State Road NO.23;thoricc Westerly along said Northerly right of way line the following 6 X:1'ROJECTSUob Files\Carron@024-097 The Rookery Off-Site1 tincture Only\camperison-D vcloper Agr«mcd-Rookery OR§itc Uti1itics Extension-9-17-2024.docz Last printed 9/242024 11:20 AM EXHIBIT "A" PAGE 2 OF 2 • courses:Course 1,thence Westerly along the arc of a non-tangent curve concave Northerly having a radius of 2771.00 feet,-through a central angle of 12°48'10", an arc length of 619.18 feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of North 79°08'24" West, 617.89 feet; Course 2, thence North 72°44'l$" West, 581.88 feet; Course 3, thence North 75°01'45"West, 300.24 feet; Course 4, thence North 72°44'19" West,456.73 feet to the point of curvature of a curve concave Southerly having a radius of 3027.00 feet; Course 5, thence Westerly along the arc of said curve,through a central angle of 41°55'22",an arc length of 2214.83 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 86°18'00" West, 2165.75 feet; Course 6, thence South 65°20'19" West, 367.45 feet to the Point of 13egirming. • X:\PROJECFSUob Files\Cunen02024-097 The Rookery Off-Site Infrastructure Onlykompmison-Developer Agreement-Rookery Offsite Utilities Extension-9-t7-2024.donx Last printed 9242024 1120 AM EXHIBIT "B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS (Less and except plans to be replaced due to minor changes required) Project: THE ROOKERY OFFSITE UTILITY EXTENSIONS Engineer: Vincent J. Dunn,P.E. Dunn&Associates, Inc. 8647 Baypine Road Building 1, Suite 200 Jacksonville,Florida 32256 Date: October 3, 2022 Job No.: 2008-499 Engineer Drawing Description Latest Number Engineer Approved Plan Date 1 COVER SHEET 04/26/2024 2 INDEX-CLAY COUNTY NOTES 04/26/2024 3 INDEX-LEGEND 04/26/2024 • 3 INDEX—PROJECT NOTES 04/26/2024 1 SITE MAP 04/26/2024 6-16 OFFSITE PLAN AND PROFILES 04/26/2024 17 WATER& SEWER TECHNICAL SPECIFICATIONS 04/26/2024 18-22 CCUA WATER DETAILS 04/26/2024 • 23-24 , CCUA REUSE DETAILS 04/26/2024 25 CCUA SEWER DETAILS 04/26/2024 26-27 STORMWATER POLLUTION PLAN 04/26/2024 X:\PROJECfSUob Files\Current 2O24-097 The Rookery Off-Site Infrastructure Only\comparison-Developer Agreement-Rookery Mite Utilities Extension-9-17-2024.doex Last printed 9/24/2024 11:20 AM - a • EXHIBIT "C" REUSE POLICY PAGE1OF2 Effective Date- Thirty (30) days after Board's approval of the policy, for all developments that have not met the filing requirements of the County's Zoning Department,which requires each new development to be reviewed by the Development Review Committee (DRC), or for those developments not requiring • DRC approval,which have been quoted charges to connect to the Clay County Utility Authority's(CCUA) water and/or wastewater systems within twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which is incomplete as of the effective date of this policy,shall not be considered as filed timely for the prior policy to apply. If the developer has not commenced substantial construction on his project, which was filed with DRC prior to the effective date of this policy,within fifteen months after the effective date of the policy, then said development shall come under the provisions of this policy. Applicability - This policy will be applicable to all developments that file for a Development Review Committee review after the effective date of this policy. This shall include: A. Developments occurring under Development of Regional Impact(DRI)agreements which may not be technically required to install residential reuse,but who choose to do so in settlement of minor and/or major modifications to the structure and composition of developments within the DRI. These shall be regulated and charged under this proposed policy and effective date criteria the same as all other developments. B. Exceptions to the applicability of this policy and/or effective date are as follows: 1. Developments occurring under DRI agreements or Florida Quality Development (FQD) agreements, which are not required by said agreement to install residential reuse and who do not volunteer to provide residential reuse piping systems. 2. Developments which, as of the date of enactment of this policy, own and maintain their own reuse pumping plant and purchase bulk service from the CCUA. 3. Developments which have prepaid connection fees prior to January 1, 1998, at a prior approved rate and still have an inventory of prepaid connections, shall be exempt until such prepaid connections are used up. 4. Developments and/or communities that own, operate and maintain their own reuse infrastructure as of January 1, 1998. Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water When it is Available -All developments occurring after the effective date of this policy will be • reviewed by the CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall include commercial,public facilities,industrial,as well as residential developments. Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will be Required - (1) Financial feasibility of extending a trunk main to an area at that time, or some planned future date,to provide reuse water to the proposed reuse system. This item shall consider the size of the development, distance to nearest master planned reuse trunk main or planned reuse plant, remaining developable property in the area,complexity of existing development of area which trunk mains must pass through,natural geographical barriers(or obstacles),environmental damage,etc. X:IPROJECrSUob FileslCunent\2024-097 The Rookery Off-Site Infrastructure Onlylcomparison—Developer Agreement-Rookery Offsite Utilitica Extension-9-17-2024.docx Last printed 9/24/2024 11:20 AM EXHIBIT "C" 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 Developers' expense,the reuse piping system for the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water, and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for oversized mains,refundable agreements,plan review and approval, and adherence to CCUA's specifications and details, shall apply to these reuse piping systems, the same as the potable water distribution systems and wastewater collection systems. X:\PROJECIS Job Files\Current\2024-097 The Rookery Off-Site Infrastructure Only\comparison-Developer Agreement-Rookery Ottsite Utilities Extension-9-17-2024.docx Last printed 9/24/2024 I I:20 AM N J 'sir-; N AO 1 1 1....r., / �. , ���t .i...- , _...i---ip i1 NORO \\ S p Iii I \ 15111, III 1 i C� ,\ 17- ‘ Ir s 1 Y.A.v' \ , 'Jp Pip/41P" I \\ •••r\\\\\,,., ,f he Rookery Off-Site \� I \ il \1 \dOP \ 1 l \ \1\ \ \. _L ! agar CHASON pn 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 dimensions 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. d i CCU. (IS-CO(-.NT Title: ......... __ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: C �� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features 'a Phone 904 272 5999ill■ Gravity Sewer Features �t 9/27/2024,2:06:41 PM - Forced Sewer Features Conservation.Commitment.Commundy. /TYAUT 1 inch = 1,000 feet = Reclaimed Features