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
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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 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.
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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.
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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.
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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.
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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. 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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
•
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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
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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.
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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.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any 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:
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�� 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