HomeMy WebLinkAbout06.e.05 DA Partial Release of Developer Agreement - Goose Creek Record and Return to:
John H.Latshaw,Jr.,Esquire
4561 Salisbury Road,Suite 330
Jacksonville,FL 32256
PARTIAL RELEASE OF DEVELOPER AGREEMENT
Reference is made to a Developer Agreement dated October 26,2020 by and between
Goose Creek Investments, LLC, a Florida limited liability company (Developer)and Clay
County Utility Authority, an independent special district established under Chapter 94-491,
Laws of Florida,Special Acts of 1994(Utility)and recorded in Clay County Official Records
in Book 4373 at Page 1643(Developer Agreement).
Clay 53 Inc.,a Florida corporation, is the successor in interest and current owner of record
(Owner)of that certain real property being more fully described in the Sketch&Description
attached hereto as Exhibit"A"and made a part hereof(Released Property),which Released
Property was included in the definition and within the legal description of the"Property"as
set forth under the Developer Agreement between Utility and Developer.
The undersigned Utility, in consideration of good and valuable consideration, receipt of
which is hereby acknowledged, and at the specific request of the Owner, hereby releases
the Released Property from the operation and effect of the Developer Agreement. and
releases the Released Property from any obligations under the Developer Agreement.
This Partial Release of Developer Agreement does not affect or impact all remaining
portions of that certain real property described and defined in the Developer Agreement as
the"Property",exclusive of the Released Property specifically described and released
herein.
Owner shall pay the recording costs incurred by Utility for the recording of this Termination
of Developer Agreement.
Executed and dated as set forth below by the Utility and the Owner, below.
[Intentionally Left Blank;Signatures Begin Next Page]
Dated:c. fstv,,n 4' ' )6, 2025.
WITNESSES: UTILITY:
CLA COUNTYU ITYAU Ol ITY
Witness At .' eAerY._ BY: • - •
Print Name: Je_rw, l' r ae-1 I JJo n, P.E., M.B.A.
Print address: c3 I 1 le C'Act denni,lq$ , cutive it=ctor
i‘acit•eflal cc. ga.o
Witness: d4 " /4.
Print Name: Axd .✓
Print address: 317 6 016 3-e44;n91 Ro►&
1v1;ddleL , ft 7 o6 '
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of®physical presence
or 0 online notarization this 1O `''day of&?}amber ,2025 by JEREMY D.JOHNSTON as
EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITIY AUTHORITY,an Independent Special
District established under Chapter 94-491, Laws of Florida, Special Act of 1994,who is
personally known to me.
Notary Jennifer
StateCr of Florida
, Jennifer M,Cron
u Commtss�on
ariaEx'ii27i2a2s
Notary Publi
My Commission Expires: I - 4-1 - aoale
Dated: 8 I c 9 ,2025.
WITNESSES: OWNER:
Y53 C.
Witness: C=,�`�� y�%� '!!44iiird,aAA; i
Print Name: e/i�2 of C. John H. Latshaw,Jr.
Print address: //a /9.1,} 1.-)1 President
✓ Op. - 12 6`Au, 0c9orcp..
Witness: Ze4c51-9—
Print Name: 6rrJline_ ColfeAr-
Print address: Ein 41 J}- Ajo re,
P,,nd-v. veA.vtr. L 3 9-00.
STATE OF FLORIDA
COUNTY OF i AL S'T�Joti�✓
•
The foregoing instrument was acknowledged before me by means of IN physical presence
or O online notarization this aal day of 0u- ' ,2025 byJOHN H. LATSHAW,JR. as
PRESIDENT of CLAY 53 INC.,a Florida corporation,who is personally known to me.
EILEEN COUQUIESEE MCKAY I (.L✓
= r�: Notary Public•State of Florida `
o` Commission#HH 213170
I tptF. ': My Comm.Expires Jan 3,2026
•••Bonded through National NotaryAssn. I Notary Public
My Commission Expires: -Jelnu 3 ?o a L-p
_ . . _ .. . . _. ._ _ ______ .._.. . .. .
6 Cloy County Utility Authority Exhibit"A"
3176 Old Jennings Road page 1 of 2
Middleburg, FL 3206E
904-272-5999
SKETCH & DESCRIPTION
For Property with Address:
1615 C.R. 315-B, Green Cove Springs, FL 32043
(SITUATED WITHIN SECTION 32,TOWNSHIP 05-SOUTH,RANGE 26-EAST)
.O.C. P.O.B.
NW CORNER, N.W.CORNER OF LAND-PARCEL WITH ADRESS:
SUBDIVISION OF: 1615 C.R.315-B,GREEN COVE SPRINGS,FL 32043, N.E.CORNER,
GOOSE CREEK ESTATES WTH PARCEL ID.#:32-05-26-020992-006-00. LAND-PARCEL WITH
PHASE 1, P.B.67, PAGE ALSO BEING,MOST-N'LY-N.E.CORNER,GOOSE ADRESS:1615 C.R.315-B,
16-20 CREEK ESTATES PHASE 1. GREEN COVE SPRINGS,FL
32043,WITH PARCEL ID.#:
32-05-26-020992-006-00
N 89:3229" E NEW HAMPSHIRE BLVD. VACATED NEW
221 78 VACATED 50'WIDE PUBLIC ROAD RAW, HAMPSHIRE BLVD,WITH
Wl(ADEDICATED BY P.B.2,PG.61. STtyLOUIS AVE.)RNV ACATED
O N 89'32 29" E
o ' - 281.81' - , - N 89'32 29" E 218.04'
o w 101 103'
• z A PORTION OF LOT II,BOCK 9 FO.IDWSNP PAA 9 1
1.0 FFllDA9flP PARK PART Ho. 1 PB 2,PG 61
P82 PG 61
• -0 N ADDRESS:1615 C.R.315-B.GREEN COVE ``\1
m
- SPRINGS,FL 32043,f.ID.it: — m <
D
m 0 m-i '2-05 28 020892 00&00 r 0
1,1 W, O• Z t3% FEu0n91t3Atac PLOT ART Nd.ETON 1 D•m m m
- ED Z • PO 2,PG 61 A PORTION OF LOT 14 BLOO(9 r-- C C
-1 FELIOMSTIP PARK PART No. I h Al O O en co
LLAA0 �cmi�D FB2.PG61 of •"0--I D •
D m Iv m� N 22'3'O8"{y z� o o O
n o 'UC_. On
- D
ZSr A PORTION OF LOT 8, to W N N n C
< Fjy L= BLOCK 9 N-n v xi TTI
D Cop eon `ra.Ff JJ KP PAR(PART D r�T O
n S�cc'v0g SJ NO. I ,n r m y
m-I 0 ape�COry(� ' PB2,Pc61 O o
• D o •to vivk q -o
mg 0 S4•j Z ss-
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(13 CDw D LA
CS' D mo
r_
20 in - - -- - ---- -- - --- *. - r :o
il �A - az
GRAPHIC SCALE - - 53- .o
lallnIMPI
0 50 75 100 -13°
1"=50'
DRAWING DATE: 08-26-2025 NOTES BY SURVEYOR&MAPPER:
• THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF SEE SHEET:
E-FILE: PRACTICE SET FORTH IN CHAPTER SJ-17,FLORIDA ADMNISTRATIVE
11:\GEONATICS\-GEON. PROD\FY CODE PURSUANT TO SECTION 472 027,FLORIDA STATUTES UNLESS 2 OF 2 FOR LEGEND,
•
24-25_CEON\LAYOIRS-._A-Be_CEN MAN CRON-1515 CR OTHERWISE SHOWN AND STATED HEREON
315-IM_WrRe LO for Oa RamcInder Parcel\J CRON_I5l5 • NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SURVEYOR'S NOTES&THE P
CR3159_wrfte ID for Itce Remainder Pmeel_D7-17-25.dwg SEAL OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER DESCRIPTION PERTAINING TO
• THIS DRAWING WAS STRICTLY PREPARED FOR THE USE OF C C U A
DRAWN BY: XFA ONLY NO OTHER PARTIES MAY USE THIS DRAVQING OR ANY OF ITS THE SKETCH SHOWN ON THIS
CHECKED BY: XFA CONTENTS WITHOUT PRIOR WRITTEN AUTHORIZATION FROM C C U A SHEET. I
• ALL INSTRUMENTS REFERENCED HEREIN ARE OF THE PUBLIC
SCALE: 1" = 50' SHEET I OF 2 RECORDS OF CLAY.COUNTY FLORIDA UNLESS SHOWN OTHERWISE
i
. 1-
. • ,
" -- • • ' - • . • . - . .
.• . .
®ciciy:Coufity Utility Authority
- •1:
,..., ni6.911:1 Jennings:Road
• 1414GIeburg,FL 32068 Exhibit"A7
t,
904-272999 • if-
2 page Of 2
SKETCH :& DESCRIPTION-
Oar .propetty with Address:
,.
1615 c.12: 315-B,:prowl Cove Springs, FL 32043
I.
:. .
(SITUATED WITHIN-SECTION.32,TOWNSHIP 05:SOLIT11,RANGE.26:EAST) • ..1
. . .
- . ,..,:::::. • •.-,. •. .. . , . .z ..,-
I., pAt,s,.-.-it)t6671k107rii5i4: , 1,
(FOR LAND-PARCEL WITH ADDRESS:16.1.94.R.315-B;GREEN covE SPRINGS;FL 32043,PARCEL ID./1:•3205,26-020992-006-00)
•
THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4891;PAGES 1754;1756,•O THE PUBLiCIECORDS OP:CLAV.COONTY;FLORIDA; .-: •_
NAMELY: "' •
, ,,,
'LOTS 8;9,10;11,AND V,BLOCK9,FELLOWSHIP PARK,ACCORDING TO THE.MAP-01L-KATTHEREOF,-ASRECORQED*PLAT BOOK 2,PAGE(S) :• ?-::-.;
61;TOGETEHEFIWITH A.PORTION.OF:GOOSECREEK LANE,OF THE PUBLIC RECORDS OF CLAY-COUNTY,:FLORIDA,LESS AND EXCEPT ANY PART
OF THE PLATS OF GOOSE CREEK ESTATES PHASE 1,RECORDED IN PLAT BOOK 67,..riME 16 THROUGH 20 AND GOOSE ESTATES PHASE 2,
RECORDED IN PLAT BOOK 69,PAGE12•Anip 13 OF THE PUBLIC RECORDS OF CLAY COUNTY,FLORIDA'
• . .., 1
• !.SAID,PARCEL OF LAND MORE PRECISELY DESCRIBED AS: •-
. .,
•-- THE PARCEL OF LAND WITH IDENTIFICATION NUMBER 32 05 26 020992 006 00 BEING COMPOSED 01011,AND PORTIONS OF LOTS 6,/3,9;10,:-
AND 11,ALL WITHIN"pupo(9,..EELLOWSHIP PARK PART NO L-AccoRDINelq THE PLAT THEREOF IN PLAY BOOK PAGE 61:0 THE
PUBLIC RECORDS OF SAID CLAY touNTy,OLORIDAJOeETAER WITH A PORTION OFTHE PRESENTLY VACATED-RIGH-i-OFANAY OF DES MOINES
AVENUE,ALLACCORDING7p SAID'PLAT OF FELLOWSHIP PARK PART NO,:r1,LESS AND EXCEPT ANY PART OFTHE PLATS OF GOOSE CREEK
PHASE•1,PLAT BOOK 67,PAGES 1620,.ANDGOOSE CREEK ESTATES PHASE 2,1PLAT:Booi 0,PAOESi2-3.3.M RECORDED IN THEPUBLIC RECORDS
OF SAID COUNTY HENCEFORTH 'SAID PARCEL",SAID PARCEL BEING A RORTIoNOP,$ktION,32,-TOWNSHIP 05'..SOUTH,,AANdt.26',EASTimitkiN . ,.
SAID CLAY COUNTY,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:; .*:f ,..1•
•, '4 :
_.
- : :COMMENCING-AT THE NORTHWEST CORNER OF THE AFORESAID SUBDIVISION OF GOOSE CREEK ESTATESPHASE-1;THENCE,ALONG THE I ,
. .
NORTHERLY:PLAVLIMITTHEREOP,PROCEECf NORTH'89°'32'29"EAST;-FOR 221,78 FEET,THENCE SOUTH.01°:20!.-53"EAST, 25.00 FEET;.
: ... ...._ ...
THENCE‘CONTINUINGALONG SAID NORTHERLY PLAVLIMIT,PROCEED NORTH.89°32'29"EAST;FOR•281.81 FEET-TO THE MOST-NORTHERLY
.- NORTHEAST CORNER OF.SAID GOOSE CREEK PHASE 1:sueoNisioN,SAID POINT BEING THE POINT OF BEGINNING OF SAID PARCEL THENCE
• •
ALONG THE NORTH BOUNDARY THEREOF;PROCEED NORTH.:89°321,29'EAST,FOR 218.04 FEET TO THE.NORTHEASTCORNEROF:SAID•PARCEL,SAID
, , , ,. .
• POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTHEIILY.:RIGHT-60-ikAy LINE OF THE PRESENTLY VACATED NEW.HAMPSHIRE •-__. • --.1-.
BOULEVARD AND THE WESTERLY RIGHT-pF-WAY LINE OF THE PRESENTLY VACATED SAINT LOUIS AVENUE AS IN THEHEREINREFERENcED.
SUBDIVISIONS OF FELLOWSHIP PARK PARINO:1,AND GOOSE CREEIC-ESTATES:PHASE.XpTHENCE,ALONG THE EAST SAID PARCEL.
(SAID.BOUNDARY ALSO BEING THEEASTLINE OF SAID LOTS Aik.io,AND•ii.Ot FELLOWSHIP PARK PART No..1),.:PROCEED SOUTH 01°18'2411AST,i•. . .-
. -- FOR.198:57 FEET TO THEMOST-50LITHERLYtORNER OF SAID PARCEL;THENCE,PROCEED THE FOLLOWING FOUR(4)COURSES AND DISTANCES
ALONG THE WESTERLY BOUNDARY pARCEL,SAID WESTERLY BOUNDARY AliSOBEING A PORTION OF THE EASTERLY BOUNDARY OF SAID • ':::.- '
.
, .GOOSE CREEK ESTATES PHASE 1:-(1)PROCEED NORTH 33 56''06"WEST,.F011.28,05 FEET;(2)PROCEED 43 52' ,,..WEST;FOR 110':45•FEET;.., ..... .„ , : • .
.it PROCEED NORTH•17°23'.08"WEST;FOR.91.57 FEET;(4)PROCEED NORTH 2II°46'25"WEST,FOR:8S:39 FEET TO THE•POINT.OFBEGINNING,, •. ,
, ...
SAID:PARCELSITUATE,LYING AND BEING'IN GREEN.COVE-SPRINGS,,CLAY•COUNTY,FLORIDA;AND'CONTAINING APPROXIMATELY 22;057 SQUARE. 1..
.___ . .. _ . . ...: .. . 4
:FEET OR 0.506 ACRES.THE EA
THE USED HEREIN IS BASED ON THE NORTHERLY LINEOPTHEHEREIN REFERENCED SUBDIVISION OF
! ,
.6.90SECREEK ESTATES PHASE 1,WITH:ARLA-PBEARING OF NORTHA39°•321-29"EAST. 1, :
ADDITIONAL NOTES BY SURVEYOR&
MAPPER
, •
. .. .
i. THE PURPOSE OF THIS INSTRUMENT IS TO PROVIDEA SKETCH AND
LEGEND-.(OP LtOtilet30.&UNCOMMON ABREviAtiON .THAT MAY BE 1 -
! . LEGAL GEsaurrnoN RNA NEW p,cm,A,EASEMENT;AND WAS- "': /.-,
PREPARED FOR DESCRIPTNE PURPOSES ONLY AND IS NOT kebunoArre USED HEREIN)::
s.ugv.re.. . . . . . -• • .- -T CCUA -CLAY COUNTY:UTILITY AUTHORITY' N.Ely i4olITHEASTERL.y.2 HE Tit BEARINGUSEDHEREINE O'SYSTEM IS BASED ON NORTHERLY 0,R,13. OFFICIALRECORD BOOK. SEly SOUTHEASTERLY. • ;,
. . ..
•LINE OF THE HEREIN REFERENCED SUBDIVISION-OF GOOSE CREEK: P.I3. 'PLAT BOOK Stmy OuTHyuEsTERLY
•ESTATES PHASE-1;;WITH A PLAT43EARING OF NORTH Er 32'23''EAST. P;I., POINT OF INTERSECTION 'NWry NORTHWESTERLY ..;,
3, THISORAWING MAY HAVE stgagNLARopo OR REDUCED:BY OTHER P,II:I. PROPERV'IDENTIFICATION
PARTIES,'FROM THE ORIGINAL DRAWING PRODUCED ElY.CCUA.THE- .F.O.B. POINTOF BEGINNING I
DRAWING WAS INTENDEDITO BE DISPLAYED ArtilE SCALE SHOWN ON P.0.0. POINT OF COMMENCEMENT .C
THE SHEETS CONTAINING MApt.;PLEASE UTILIZE THE GRAPHIC SCALE RO.T. POINT OF
WHEN CONSIDERING DISTANCES- 'RA& RIGHT-9OF,wAY
4.,THI6SKETCHAND.LEGALDESCRIPTION WERE PREpAREGINITHOUT THE R.- OF THE'PUBLIC RECORDS:K1,1011.OF AN ABSTRACT OF TITLE,THEREFORE;THERE MAY.BE Nly. NORTHERLY , ;„ ,. • W.
ADDITIONALEASEMENTS,coverows.ANO RESTRICTIONS OR OTHER Sly. SOUTHERLY
-MATTERS OF PUBLIC RECCiRCLIkiAT MAY OR MAY NOT AFFECT THIS El y EASTERLY .
,PARCEL.OF LAND,SUCH ENCUMBRANCES MAY BE FOUND THROUGH A• WI y- WESTERLY '. . • . -,:•,--,_
THOROUGH REVIEVV OF THE PUBLIC RECORDS OF CLAY COUNTY.AND .11E, UTILITY EASEMENT '• _ .
. •-,..•: 1.:::.,:,.„-. 1-
THE'STATE OF FLORIDK . - .. . ...... : . . . . . ... . . . .. . ... . „ . .... . ._. . . . ... .... . _ .. . ..q ,t.,..z_
.. . ',....
- t . .. . ... . .. .....,
!ANGEOMAlldSV.CEOH PROAFY 1 OF 2--50R.TFIE.SKETCH -•••' ::., 1.-, ---,,.±. ..e.4.4':,,''..'-t, ''-- --:744/441/1"-fi..tt.1:9;:,,m-- ' '1,
. . . . ; .: • -.. -... -. -. ... . .• - ;e,......7.„., :::-. :,,I.,..,.-„.,.,,,,,..;,,,„f„,,,.., -...-...i ...: ,,,, _. ,.:,:gp,,j ,,-.:,,... „,-...,,,,•,..-, ,:v.:
24-25_,GEO/AL4YOUTSL_A7133__GDI:MAP\J CR011_1615-CR OERTAININGIditHELEO.Al2''' .,..,4----..,,,,,.,-..,,,,,..t,,, .,--- ,,,T..,. -,.,,,,,,i,•,-,-,;,,,,,:-,,,,,, •-' ---.• -•
315-D'Mite LB!or this Reshaindor EareeN CRON_;161.5. . .• --- - "' . ' ' , iStON!!*- r 011.'11.11g.444t0APH.J-,1fri MOT,,Ipic-ry:..
cIMISEL.14114,L0 to,this Remainder PgrtiL07-17-25thq' . DESCRIPTION 1-1EI: EIN *kilt-A POANKAVORE::::11-4.1• ':.Li,;.•4'''.•"' 'I-.z-
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' ' . ' ' '• 81401)VN . t'Ob.eWic ;74,•iguit,000.:601106940,J.
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SCALE,.N/A, SHEET;,OF - • - • - - . . . ..-..
- - ' . . -,... . • .:.. . : . '.. . .. . . . . .. _ :.I.:,
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CFN#2020058309,OR BK: 4373 PG: 1643, Pagesl /16, Recorded 11/6/2020 11:59 AM,Doc: AG
TARA S. GREEN Clerk Circuit Court,Clay County,FL Rec: $137.50
Deputy Clerk WESTA
4
GC20/21-1
Record&Return to:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
. ,a. GOOSE CREEK ESTATES
CONSISTING OF 52
SINGLE-FAMILY LOTS
Parcel ID No.32-05-26-020992-006-00 (Green ov System)
Clay County Name of oject
DEVELOPER AGREEMENT
THIS AGREEMENT GRANTS TO "UTILITY"(AS HEREINAFTER DEFINED)AN ENFORCEABLE LIEN
ATTACHING TO THE LANDS DESCRIBED IN EXHIBIT"A"HEREIN( "PROPERTY")FOR CERTAIN
DEFERRED CAPACITY AND CONNECTION CHARGES TO BE PAID UPON APPLICATION FOR SERVICE.
THIS DEVELOPER AGREEMENT("Agreement"),made and entered into thial day of 11.10, ► a
2020,by and between GOOSE CREEK INVESTMENT,LLC, a Florida limited liability company,hereinafter
referred to as "Developer", and CLAY COUNTY UTILITY AUTHORITY, an independent special district
established under Chapter 94-491,Laws of Florida, Special Acts of 1994,hereinafter referred to as "Utility".
WHEREAS,Developer owns or controls lands located in Clay County,Florida, and described in Exhibit
"A", attached hereto and incorporated herein by reference (hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement,central
potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so
that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and
reclaimed water service from the Utility; and
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and
undertakings regarding the furnishing of potable water,wastewater,and/or reclaimed water service by the Utility to
the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following defmitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, potable water distribution system, and
reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees
to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility service to the Property.
BK: 4373 PG: 1644
-2-
(c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day(GPD)
which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For
this purpose,the average daily flow of one potable water ERC is(450)GPD, one wastewater ERC is(311)GPD,
and one reclaimed water ERC is (275) GPD.
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with the
pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the
consumer's side of the meter and for wastewater service at the lot or property line. Utility shall, according to the
terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless otherwise agreed. The
pipes and appurtenances inside the point of delivery shall belong to others.
(e) "Service" -The readiness and ability on the part of Utility to furnish and maintain potable
water,reclaimed water, and wastewater service to the point of delivery for each lot or tract pursuant to rules and
regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that Developer is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer
agrees to deliver to Utility evidence of such ownership including any outstanding mortgages, taxes, liens and
covenants.
4. Connection Charges-In addition to the contribution of any wastewater collection systems,potable
water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide
potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees
and charges, as defmed in the Rate Resolution (including Service Availability Policy), upon execution of this
Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($360.00 x 52 ERCs) $ 18,720.00 *
Alternative Water Supply Surcharge:
($334.75 x 52 ERCs) $ 17,407.00 *
Wastewater Capacity Charge:
($3,200.00 x 52 ERCs) $ 166,400.00 *
Effluent Reclaimed Water Connection Charge:
($300.00 x 52 ERCs) $ 15,600.00 *
Total Capacity Charges to be Deferred $ 218,127.00
(b) Debt Service Charge:
($167.00 x 52 ERCs) 8,684.00
(c) Main Extension Charge—Water $ 12,144.08 **
Main Extension Charge—Wastewater $ 12,529.40 **
Main Extension Charge—Reclaimed Water 8,764.60 **
(d) Meter Installation Charge $ N/A ***
(e) Plan Review Fee 1,732.50
(f) Inspection Fee 3,465.00
(g) Recording Fee $ 150.00
Subtotal $ 265,596.58
Less Total Capacity Charges to be Deferred $ 218,127.00
Total Due at Execution of Developer Agreement $ 47 469 58
, •
* - Includes 52 ERCs, based on 52 single family lots, which are deferred and to be paid at time of
application for service,via meter install, in accordance with Utility's Rate Resolution.
** - See paragraph 42 for explanation of charges.
*** - The potable water meters and reclaimed water meters will be paid by each builder or customer upon
application for building water for each lot. This Agreement does not include a provision for any other
separate landscape irrigation meters for the Property or park areas.
Note: Items(e)and(f)are estimates and are subject to adjustment based on actual costs incurred.
BK: 4373 PG: 1645
•
-3-
Method of Payment/Security Interest- Utility agrees to defer payment and collection of certain capacity
charges as set forth above on an individual per lot basis,until such time as water service is applied for as to such lot
within the Property. In consideration for such delay Developer does hereby grant,convey,hypothecate,and pledge
to Utility a security interest in the lands described in Exhibit"A"herein. Such security interest shall constitute an
enforceable lien on the individual lots as depicted on the plat of said lands recorded(or to be recorded)in the public
records of Clay County, Florida. The lien hereby created will be released by Utility on a lot by lot basis upon
payment to Utility of the capacity charges assigned to the lot(s)to be released. The party requesting the release shall
be responsible for recording the release in the public records.
The priority of the lien granted herein is governed by Chapter 94-491,Laws of Florida,Special Acts of 1994
(the"Act"),which is recorded in OR BK 1524,PG 1798-1836,public records of Clay County,Florida. Specific
reference is made to Section 11 and Section 19.(6)and(9)of the Act,respectively,which provide in pertinent part
that the priority of such lien"... shall be superior and paramount to the interest on such parcel or property of any
owner, lessee,tenant,mortgagee, or other person except the lien of county taxes and shall be on a parity with the
lien of any such county taxes." Utility shall not be obligated to provide the services herein for any particular lot or
parcel until such time as the capacity charges and related costs have been paid in full for that lot or parcel.
Payment of the charges in paragraph 4 does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same.Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of
the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges
paid.
Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any
of the Property by,through or under Developer,or otherwise,shall have any present or future right,title,claim or
interest in and to the charges paid or to any of the potable water, reclaimed water, or wastewater facilities and
properties of Utility, and all prohibitions applicable to Developer with respect to no refund of such charges, no
interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of Utility.
5. On-Site Installations-On-site facilities are those located within the Property for which Developer is
requesting service. Developer shall convey to Utility, if so designated by Utility,all on-site water and wastewater
lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively referred to as"Components"
or"On-Site System")on the Property with all contractual guarantees relating thereto. Conveyance shall take place
within a reasonable time after installation of the On-Site System but prior to Utility's obligation to provide service.
Until such time as the On-Site System is conveyed,the same shall be operated and maintained by Developer. In its
sole discretion,Utility may decline to accept the On-Site System,may lease the On-Site System from Developer,or
agree to such other arrangement as it deems appropriate.
Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by Utility.
The Utility shall also have the right to review all plans and specifications, connections to its system and the
Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.The Utility shall
have the right to inspect all phases of construction undertaken by outside contractors for facilities which are to be
owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs for such
inspection, including all overhead associated with same. Where on-site temporary pump stations or backflow
prevention devices are required,they shall be paid for one hundred percent(100%)by the Developer without any
provision for refund. Utility reserves the right to require backflow prevention devices on all potable water service
connections.
BK: 4373 PG: 1646
-4-
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved
Developer's contractor and the plans and specifications for construction of the potable water,reclaimed water,and
wastewater systems for the Property. The proposed electrical transformer layout of the electric utility providing
service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the On-Site
System to be owned by the Utility or County,if so designated by Utility. Developer shall secure from its contractor
a written and fully assignable warranty that the system installed will be and remain free from all defects, latent or
otherwise,with respect to workmanship,materials and installation in accordance with Utility-approved plans and
specifications,for a period of two(2)years from the date of the system acceptance by the Utility,and immediately
assign the same and the right to enforce the same to the Utility on or before such date.
The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and
other form of security acceptable to Utility in such amounts approved by Utility,which by its or their express terms
protect and indemnify Utility against any loss, age,costs,claims,debts or demands by reason of defects,latent
or otherwise, in the system to be and remain in effect for two(2)years from the date of the system acceptance by
Utility.
In addition to any other promises, guarantees or warranties to be provided by Developer to the Utility
hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs, claims, debts or
demands by reason of defects,latent or otherwise,in the system which could not have been reasonably discovered
upon normal engineering inspection,to be and remain in effect for a period of two (2)years from the date of the
system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility, title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed shall
be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water
distribution,reclaimed water distribution,and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility systems
as well as for any repairs to the Systems which may have been caused by other subcontractors during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's
specifications, and other documents required for operation of the utility system.
(e) Convey to Utility,if so designated by Utility,easements and/or rights-of-way covering all areas in
which potable water,reclaimed water,and wastewater systems are installed,with adequate legal access to same,by
recordable document satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility,
fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida Department of
Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with
approved plans.
BK: 4373 PG: 1647
-5-
6. Off-Site Installations-Developer shall further construct all transmission mains,pump stations and
appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's
transmission system, as determined by Utility. Utility may require Developer to oversize off-site transmission
mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The costs
associated with construction of over-sized facilities which provide Utility with excess capacity for the benefit of
other properties may be subject to refundable advance treatment pursuant to Utility's Service Availability Policy,as
then in effect. The same construction standards,warranty requirements,maintenance bond requirements,transfer of
title by Bill of Sale,and indemnification requirements,as provided under paragraph 5 of this Agreement,shall also
apply to the Off-Site installations.
7. Agreement to Serve-Upon the completion of construction of the On-Site and Off-Site Facilities by
Developer,or an appropriate phase thereof,and compliance with the terms and conditions of this Agreement and
Utility's Service Availability Policy, Utility will allow connection or oversee the connection of the wastewater
collection facility and potable water distribution 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 and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,the then
current Rate Resolution in effect for Utility, and the requirements of the governmental authorities having
jurisdiction over the operations of Utility. Utility shall not be liable for any temporary interruptions in service as a
result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5,6,and 7 hereof shall survive Utility's
acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the Property. Should any
such covenant or agreement of Developer in fact be outstanding following either or both of such dates, then,
notwithstanding any contrary provision contained herein,Utility may,upon thirty(30)days advance written notice
and demand for cure mailed to Developer, temporarily interrupt service to the Property until such outstanding
covenant or agreement of Developer is satisfied in full. Utility shall not be liable for any temporary interruptions in
service as a result of any action authorized or permitted by this paragraph.
8. Application for Service-Developer,or any owner of any parcel of the Property,or any occupant of
any residence, building or unit located thereon shall not have the right to and shall not connect any consumer
installation to the facilities of Utility until formal written application has been made to Utility by the prospective
user of service,or either of them,in accordance with the then effective rules and regulations of Utility and approval
for such connection has been granted.
9. Easements-Developer hereby grants and gives to Utility,its successors and assigns,but subject to
the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the potable
water,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
Developer,or its successors or assigns,shall be covered by easements or rights-of-way if not located within platted
or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
BK: 4373 PG: 1648
-6-
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these
easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive
easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all
easement grants will be utilized in accordance with the established and generally accepted practices of the potable
water 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 agrees with Utility that all potable water,
reclaimed water,and wastewater facilities accepted by Utility in connection with providing potable water,reclaimed
water, and wastewater services to the Property, shall at all times remain in the sole, complete and exclusive
ownership of Utility, and any person or entity owning any part of the Property or any residence,building or unit
constructed or located thereon,shall not have any right,title,claim or interest in and to such facilities or any part of
them,for any purpose,including the furnishing of potable water,reclaimed water,and wastewater services to other
persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing potable
water services,reclaimed water services,or sanitary wastewater services to the Property during the period of time
Utility provides potable water,reclaimed water,and wastewater services to the Property. Utility shall have the sole
and exclusive right and privilege to provide potable water,reclaimed water,and wastewater services to the Property
and to the occupants of such residence,building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable
water,reclaimed water,and wastewater services shall be those set forth in the then current Rate Resolution most
recently adopted by the Board of Supervisors of Utility as may be amended from time to time. However,
notwithstanding any provision in this Agreement,Utility,its successors and assigns,may establish,amend or revise,
from time to time in the future, and enforce in a reasonable manner,rates or rate schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time,
in the future,and enforce rules and regulations covering potable water,reclaimed water,and wastewater services to
the Property. However,all such rules and regulations so established by Utility shall at all times be reasonable and
subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the sewage
system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install
grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's
sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the
Utility. Should any non-domestic wastes,grease or oils,including,but not limited to,floor wax,paint,chlorides,or
salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial
constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for
payment of the cost and expense required in correcting or repairing any resulting damage to the system or property
of third parties.
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.
BK: 4373 PG: 1649
-7-
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of
Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise.
Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably
withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and
responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by messenger,by mail or by telegram,and if to Developer,shall be mailed or delivered
to Developer at:
Mr. Charles D.Hiers
Goose Creek Investment,LLC
5303 Westconnett Blvd.
Jacksonville,Florida 32210
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
or at such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it shall be
and become effective immediately upon execution by both parties hereto,subject to any approvals which must be
obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings,by instituting suit or otherwise,then venue shall lie in Clay County,Florida,and
the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable attorney's
fees.
18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or
interrupted in consequence of any cause beyond the control of either party,including,but not limited to Act of God
or of the public enemy,war,national emergency,allocation or of other governmental restrictions upon the use or
availability of labor or materials, civil disorder, strike, embargo, natural disaster or catastrophe, unforeseeable
failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction,
regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party
shall not be liable for such non-performance.
19. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any
and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which it may
become subject by reason of or arising out of Developer's performance of this Agreement. This indemnification
provision shall survive the actual connection to Utility's potable water,wastewater and reclaimed water systems.
MISCELLANEOUS PROVISIONS
20. The rights, privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any development phase
and to the Property as a whole.
BK: 4373 PG: 1650
-8-
21. This Agreement supersedes all previous agreements or representations, either verbal or written,
heretofore in effect between Developer and Utility,made with respect to the matters herein contained, and when
duly executed,constitutes the agreement between Developer and Utility. No additions,alterations or variations of
the terms of this Agreement shall be valid,nor can provisions of this Agreement be waived by either party,unless
such additions, alterations,variations or waivers are expressed in writing and duly signed.
22. Whenever the singular number is used in this Agreement and when required by the context,the same
shall include the plural, and the masculine, feminine and neuter genders shall each include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that
same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall not
be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment of any right or
power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other
time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable
water,reclaimed water,and wastewater services to Developer's project. Capacity reserved hereunder cannot and
shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the case of a
bona-fide sale of Developer's property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a program to
carry out the terms and conditions of this Agreement,Utility may be required to obtain approval from various state
and local governmental authorities having jurisdiction and regulatory power over the construction,maintenance,and
operation of Utility. The Utility agrees that it will diligently and earnestly make the necessary proper applications to
all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such
approval. Developer agrees to provide necessary assistance to Utility in obtaining the approvals provided for herein.
Upon execution of this Agreement,Utility may require the payment of a reasonable fee to defray Utility's legal,
engineering, accounting and administrative and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water and
wastewater systems installed by Developer,in accordance with Utility's standard specifications,details and notes,
which are to be accepted by Utility for ownership and maintenance,as set forth in paragraph 5 (d)herein; and the
Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings will be paid
directly by Developer's licensed underground utility contractor and shall be provided in accordance with CCUA's
"As-built Specifications Standards Manual", which can be obtained from the Utility's website
(www.clayutility.org).It shall be Developer's responsibility to properly instruct Developer's contractor to contact
Utility for an estimate of such charges and clarification of the required as-built drawing procedures.
BK: 4373 PG: 1651
-9-
30. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's
potable water,reclaimed water, and wastewater service within Developer's project,to apply to Utility for service
after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and
accepted by Utility. Upon completion of application for potable water,reclaimed water and wastewater service and
payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any
security deposits required, service will be initiated to customers within Developer's Property.
31. Developer shall not place any conservation easements over any of the easement lands that contain
Utility's water,wastewater or reclaimed water facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain, and Developer shall be
responsible for providing the legal description for such easement to Utility.This shall include(1)all easements,if
any, that may be necessary to stub all services provided herein to the proposed adjacent properties located
southeasterly of the Developer's Property;(2)all other easements necessary to accommodate water,wastewater and
reclaimed water stubs to adjacent properties,(3)an easement ten(10)feet in width lying parallel and adjacent to all
right of way lines within the Developer's Property; and(4) any easements,within storm drainage retention pond
areas or along lot lines,that may be necessary to accommodate any storm water harvesting systems that Utility may
choose to install within Developer's Property.
33. The landscaping(new or existing)for this project shall not include the planting of any trees within
seven and one-half feet(7 ft.6 in.)of any water,wastewater and/or reclaimed water mains. Developer shall provide
a root barrier,satisfactory to Utility,around the roots of all landscaping,trees, shrubs,etc.,that are planted within
the road right-of-ways that will potentially impact any of the utilities covered by this Agreement. It shall be
Developer's responsibility to contractually require builders within the Property to establish a workable procedure to
assure Utility that the planting of"street trees"within the project provide at least seven and one-half feet(7 ft.6 in.)
of separation from the center of the trees to Utility's mains and services. Otherwise,root barriers are to be installed
where the seven and one-half foot(7 ft. 6 in.)criteria is not met. A service charge, subject to Utility's Board of
Supervisors' approval,may be assessed in order for Utility to inspect and approve the proposed tree locations.
34. The road cross-section,utility placement,and sidewalk placement used within the subdivision streets
and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities and
the Clay County Engineering Department. Any variance from these standard layouts shall be communicated by
Developer to all utilities requiring facilities in the right-of-way and the Clay County Engineering Department and
shall be approved by all such utilities and agencies prior to commencement of construction.
35. Utility shall own and maintain all facilities upstream of the downstream side of the reclaimed water
meters and potable water meters; and such facilities shall be installed by Developer's State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for
ownership and maintenance.All facilities downstream of the downstream side of the reclaimed water meters and the
potable water meters shall be owned and maintained by Developer. Utility shall have access to all water meters
during normal business hours for meter reading purposes. All water installations shall be in accordance with the
plans prepared by Dominion Engineering Group, Inc., Job Number 2140.002, as described in Exhibit"C", or as
modified in a manner acceptable to Utility.
BK: 4373 PG: 1652
-10-
36. All wastewater mains 8-inch and larger in size,terminating by a manhole, as shown on the plans
prepared by Dominion Engineering Group,Inc.,Job Number 2140.002,as described in Exhibit"C",shall be owned
and maintained by Utility, including mains 8-inches and larger in size that are stubbed for future extensions.This
includes all wastewater laterals from the 8-inch wastewater main to Developer's Property line/right-of-way line for
each lot. All such facilities shall be installed by Developer's State of Florida Licensed Underground Utility
Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and
maintenance.The wastewater pumping station and all ancillary items related to the wastewater pump station shall
also be owned and maintained by Utility. All such facilities shall be installed by Developer's State of Florida
Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's
acceptance for ownership and maintenance.
37. It shall be Developer's responsibility,where the engineering plans are reviewed and approved for an
entire project(Goose Creek Estates),but Developer constructs the project in phases,to valve each water stub in such
a fashion that connection and extension of service to subsequent phases does not disrupt service to prior phases and
such additional valving shall be approved by Utility prior to installation. Each such phase shall be bacteriologically
cleared and fmal certified by the design engineer as complete, including as-built drawings, final close out
documents, and final acceptance by Utility,prior to water and wastewater service being initialized.
38. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within
the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy(i.e.,
"Reuse Policy"),a true copy of which,in its current form, is attached hereto as Exhibit"B", and shall require that
those systems be operated and maintained in accordance with the rules and regulations of Utility, as well as all
governmental agencies having jurisdiction over such reclaimed water systems,and all lots or parcels lying within
the Property are hereby so restricted.
39. 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 Goose Creek Estates 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.
40. No wells shall be permitted within or upon the Property for any purpose.
41. 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.
42. The charges shown in paragraph 4(c),"Main Extension Charge—Water","Main Extension Charge—
Wastewater",and"Main Extension Charge—Reclaimed Water"in the amount of$33,438.08,of this Agreement,are
refundable to Utility who previously paid for the water, wastewater, and reclaimed water main extensions along
County Road 315B.
43. Water,wastewater and reclaimed water service to any future/proposed Amenity Center,swimming
pool,and/or recreation areas are not a part of this Agreement;therefore,a separate agreement will be entered into
when these developments proceed.
BK: 4373 PG: 1653
-11-
44. The construction of this project will not commence until Utility is in receipt of an executed
Agreement,the charges stated herein are paid, and all permits and easements have been received.
45. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2,of
Agreement),prior to October 1,2020,and the construction of the utilities for this total project shall be commenced
by October 1, 2020, 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, 2020; and this Agreement is subject to any material cost increases which Utility may
experience after October 1,2020.
IN WITNESS WHEREOF,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: DEVELOPER:
GOOSE C K INVESTMENT,LLC,
a Florida li ed 1. lity company
' +1 By (Seal)
Witness: ,..
Print Name: S° - Dt Titl . har es D. fliers, nager
Witness: VI
Print Name: K641,444 / ` C Itt/'
STATE OF
COUNTY OF
The foregoing instrument wa acknowledged before me by means of 0 ph sical presence or 0 online
notarization,this '3 day of r , 2020, by CHARLE . ICI , as ER of
GOOSE CREEK INVESTMENT,LLC,a Florida limited liability compan , ho is personally kno to me or
who has produced ®�010%01;11;0®® _. , as identi ica ' .
``®� GaLt! /®®s® 1111
®®® 11Vifary Public, State of at Large
®y: 244309 :MMCommission Expires:
'41iN111111111i
BK: 4373 PG: 1654
-12-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
CCN 111111\1.;;
Witnes By:
Print Name JIJi3 M Gibbs
e m DJo.r; ston,t P.E.,M.B.A.11 xecuYbi
or
Witness:
Print Name: (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The fore:pin! instrument was .cknowledged before me by means of physical presence or 0 online
notarization thi ay of 't . 2020, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UT!!L Y AUTHORITY,who is personally known to me.
Print J in a M.
Nota ubl'
dor•04,_ Notary Public State Jina M Gobbs of Florida State of Florida at Large
f
t. • MY CoMmission MN 001413 My Commission Expires:
vt., E pi re s 06/29/2024
BK: 4373 PG: 1655
Goose Creek Estates
Consisting of 52 Single-Family Lots
EXHIBIT "A"
land referred to herein below is situated in the • nty of CLAY, State of Florida,and described as
follows:
ALL OF BLOCKS 1,2,3,4(EXCEPT LOTS 1 THROUGH 8),5,6,7,8, 9, 10, 11, 14, 15, 18 AND 19,
FELLOWSHIP PARK,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 61, PUBLIC
RECORDS OF CLAY COUNTY,FLORIDA.
THE ABOVE DESCRIBED LANDS BEING ALSO DESCRIBED AS FOLLOWS:
ALL OF BLOCKS 1,2,3,4, IA,2A,3A,4A, 5, 6, 7, fik 7A, 10 AND 11,OF RE-SUBDIVISION OF PARTS OF
FELLOWSHIP PARK,ACCORDING TO THE PLAT THER + RECORDED IN PLAT BOOK 3, PAGE 10,CLAY
COUNTY, FLORIDA. LESS AND EXCEPT ANY PART LYING IN LOTS 1 THROUGH 8,INCLUSIVE,OF BLOCK
4, OF FELLOWSHIP PARK,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 61,
PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
LESS AND EXCEPT FROM ALL OF THE ABOVE THE FOLLOWING DESCRIBED LANDS:
LOTS 39,40,41,AND 42,BLOCK 4A, FELLOWSHIP PARK,ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3, PAGE 10,OF THE PUBLIC RECORDS OF CLAY COUNTY,FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 5,FELLOWSHIP PARK NO. 1,AS RECORDED IN
PLAT BOOK 2,PAGE 61,OF SAID COUNTY,ALSO BEING THE SOUTHWEST CORNER OF BLOCK 4A OF
RE-SUBDIVISION OF UNIT"A"AND PARTS OF UNITS"B"AND 8,AND THE EASTERLY 25 FEET OF THE
NORTHEAST'/4 OF THE NORTHWEST Y.4 OF SECTION 32,TOWNSHIP 5 SOUTH,RANGE 26 EAST,CLAY
COUNTY, FLORIDA, LOCATED IN THE MOST NORTHWESTERLY PORTION OF FELLOWSHIP PARK AS
RECORDED IN PLAT BOOK 3,PAGE 10 OF THE PUBLIC RECORDS OF SAID COUNTY;ALSO BEING THE
INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY UNE OF CLAY BOULEVARD(A 50'RIGHT-OF-WAY)
WITH THE EASTERLY RIGHT-OF-WAY LINE OF MANHATTAN AVENUE(A 50'RIGHT-OF-WAY);THENCE
NORTH 01°00'00"EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF MANHATTAN AVENUE A
DISTANCE OF 150.00 FEET;THENCE DEPARTING FROM SAID EASTERLY RIGHT-OF-WAY RUN SOUTH
88° 15'00"EAST A DISTANCE OF 100.00 FEET;THENCE SOUTH 01°00'00"WEST A DISTANCE OF
50.00 FEET;THENCE NORTH 88°15'00"WEST A DISTANCE OF 50.00 FEET;THENCE SOUTH 01°00'00"
WEST, 100.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CLAY BOULEVARD;THENCE
NORTH 88° 15'00"WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF CLAY BOULEVARD A
DISTANCE OF 50.00 FEET AND THE POINT OF BEGINNING.
LESS AND EXCEPT ANY PART THEREOF LYING IN COUNTY ROAD NO.C-315-B(FORMERLY STATE ROAD
NO. 3 ).
AND LESS AND EXCEPT ANY PART THEREOF LYING IN ANY PUBLIC ROAD RIGHT-OF-WAY.
BK: 4373 PG: 1656
EXHIBIT "B"
REUSE POLICY
Page 1 of 2
Effective Date-Thirty(30) days after Board's approval of the policy, for all developments that have not met the
filing requirements of the County's Zoning Department,which requires each new development to be reviewed by the
Development Review Committee(DRC),or for those developments not requiring DRC approval,which have been
quoted charges to connect to the Clay County Utility Authority's(CCUA)water and/or wastewater systems within
twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which is incomplete as of
the effective date of this policy, shall not be considered as filed timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project,which was filed with DRC prior
to the effective date of is 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.
BK: 4373 PG: 1657
EXHIBIT "B"
REUSE POLICY
Page 2 of 2
(2) Remaining developable land in the area(new area with very little existing development and much
growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems-Due to the built-out condition of
certain geographical areas and the other evaluation of feasibility considerations noted above,it will not be practical
to require all areas to install reuse piping systems. All developments that are not required to install the reuse system
shall pay a surcharge per ERC as its share of the burden of the reuse system installations at a rate set forth in the
"proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping systems
are required shall install or require the installation of an automatic sprinkler irrigation system acceptable to CCUA
for the development of each separate parcel(lot)within the development. Such on-site systems shall utilize color-
coded pipe for reuse water, functional rain sensors, and automatic controllers and timers.
Approval of Sprinkler Irrigation Contractors-It is deemed by CCUA to be important that sprinkler irrigation
contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems in an effort to
eliminate any potential cross connection with the potable water system. In this regard, all irrigation contractors
installing irrigation systems in conjunction with this reuse program must prequalify with CCUA by providing their
credentials and passing a qualification interview with CCUA's staff for the purpose of demonstrating knowledge of
the key issues regarding use of reuse water. A current certificate of insurance, acceptable to CCUA,naming the
CCUA as an additional insured shall be on file at all times with the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping systems
available shall be required to pay the Base Facility Charge for reuse water whether they use the reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for the
installation of a reuse meter at the same time the domestic meter is requested.
Wells - All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems-Where reuse piping systems are required,
the design engineer for the project shall design,at Developer's expense,the reuse piping system for the development
and any reasonable trunk mains necessary to connect to the nearest source of reuse water,and developer shall install
said system at its expense. The CCUA's existing policy regarding cost sharing for oversized mains, refundable
agreements,plan review and approval, and adherence to CCUA's specifications and details, shall apply to these
reuse piping systems,the same as the potable water distribution systems and wastewater collection systems.
BK: 4373 PG: 1658
Y
EXHIBIT "C"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Goose Creek Estates
Engineer: Mr.William E. Schaeffer,II,P.E.
Dominion Engineering Group,Inc.
4348 Southpoint Boulevard, Suite 204
Jacksonville,Florida 32216
Job Number: Job Number 2140-002
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
Sheet T-1 Cover Sheet 09/04/2019
Sheet C3 Geometry Plan 08/26/2019
Sheet C4 Paving&Drainage Plan 08/26/2019
Sheet C5 Paving&Drainage Plan 08/26/2019
Sheet C6 Master Utility Plan _ 08/26/2019
Sheet C7 Plan and Profile 09/19/2019
Sheet C8 Plan and Profile 08/27/2019
Sheet C9 Plan and Profile 08/27/2019
Sheet C10 Plan and Profile 08/27/2019
Sheet C 11 Plan and Profile 08/27/2019
Sheet Cl 1A Offsite Utility Extensions 09/19/2019
Sheet C12 Table of Pipe and Structures 09/11/2019
Sheet C 13 Erosion Control Plan 08/26/2019
Sheet C 14 Maintenance of Traffic 08/26/2019
Sheet C 14A Maintenance of Traffic 08/26/2019
Sheet S-SPD Standard Water&Sewer System Notes 08/27/2019
Sheet WAT 01 Standard Water Service Details 08/27/2019
Sheet WAT 02 Standard Water Casing&Crossing Details 08/27/2019
Sheet WAT 03 Standard Water Miscellaneous Details 08/27/2019
Sheet WAT 04 Standard Fire Hydrant Details 08/27/2019
Sheet S-SEW Standard Sewer System Details 08/26/2019
Sheet S-RE1 Reclaimed Water Distribution System Details 08/27/2019
Sheet LW-STD Standard Locator Wiring Installation 08/26/2019
Sheet S-PCON Pump Station Details 09/19/2019
Sheet S-ELEC5 Pump Station Electrical Schematic&Detail 09/19/2019
Sheet S-UTC1 Utility Placement Sections 09/19/2019
Sheets L1-L4 Landscape Plan 09/19/2019