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15.b FYI BoS Contact Form
Alicia Ellis Subject: RE: BOS Contact Form From:Ashley Taliaferro <ataliaferro@clayutility.org> Sent:Thursday, November 13, 2025 7:38 AM To: Lonnie<lonniewilloughby@yahoo.com> Subject: RE: BOS Contact Form Dear Mr.Willoughby, Thank you for your patience while I gathered the supporting documents and finalized the information below. I'm glad to provide the following responses to each point. 1. Third Supplemental Bulk Service Agreement/CCUA Current Rate Resolution/The Crossings at Fleming Island CDD Master Bulk Service Agreement I have attached The Crossings at Fleming Island CDD Master and Third Supplemental Bulk Service Agreements, along with the relevant section of CCUA's Rate Resolution for your reference. These documents outline how reclaimed water service and related charges are structured within the Eagle Harbor service area. 2. Reclaimed Meter Lock-Off We are able to lock the reclaimed water meter at your request to prevent use. However, the base facility charge will remain in place because the service connection and system capacity for your property remain active under the Crossings CDD bulk service structure and Section 6 of CCUA's Rate Resolution. Locking the meter stops the flow of reclaimed water, but it does not remove the connection or discontinue the availability of the service to the property. 3. Crossings Debt Capacity Charge (also referred to as the Eagle Harbor Capacity Fee) The Crossings Community Development District (CDD), which includes Eagle Harbor, owns the utility infrastructure serving your property. CCUA operates and maintains these systems under agreement with The Crossings at Fleming Island CDD Master Bulk Agreement(attached and referenced above). The Crossings Debt Capacity Charge is collected by CCUA on behalf of the CDD to support their long-term financing of the utility infrastructure that serves the community. If you have questions specifically regarding the CDD's financing or governance structure, the District Manager contact information is listed below: Steve Andersen The Crossings at Fleming Island CDD 2105 Harbor Lake Drive, Fleming Island, FL 32003 (904) 509-6445 I sandersen@eagleharborcdd.com Please let me know if you have any further questions. I'm happy to help. Thank you, 1 Ashley Taliaferro Communications and Public Relations Specialist Office: 904-213-2432 Cell: 904-832-5193 0,0 COU^,T! YAUTNO�`�� From: Lonnie<lonniewilloughby@yahoo.com> Sent: Wednesday, November 5, 2025 11:34 AM To:Ashley Taliaferro<ataliaferro@clayutility.org> Subject: Re: BOS Contact Form This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Thank you for your email - I appreciate it. I just received my monthly bill of$149.57 which is a ridiculous amount for water in the state of Florida for a household of 3. A couple things: 1. Can you provide the CDD 3rd supplemental Bulk Service agreement document or advise where I can acquire. 2. Please confirm that I am unable to have the reclaimed meter turned off and locked out. Of course, once locked out by CCUA, I will assume I will not receive any charges related to reclaimed water including the base service charge. 3. Please advise purpose or use of the funding collected by the Crossings Debt Capacity Charge of$35.05. You mentioned in your email that the base service charge is used to maintain the infrastructure, so I assume this capacity charge is for something else. Thanks for your assistance in this matter. Lonnie On Tuesday, November 4, 2025 at 03:17:09 PM EST, Ashley Taliaferro <ataliaferro@clayutility.org>wrote: Dear Mr. Willoughby, Thank you for taking the time to reach out and share your concerns about the reclaimed water base charge. I understand how it can be frustrating to see a charge for a service you don't actively use, and I appreciate the chance to help explain how the reclaimed system works. 2 Your property is located within the Eagle Harbor service area, which operates under The Crossings at Fleming Island Community Development District's (CDD) Master and Third Supplemental Bulk Service Agreements with CCUA. These agreements establish how reclaimed water service is provided throughout the area and ensure that service is available to all properties within the community. The base facility charge isn't tied to water use, it covers the fixed costs of maintaining that infrastructure, including treatment, pumping, and system upkeep, so reclaimed service is always available when needed. Even when irrigation systems aren't being used, CCUA continues to maintain the pumps, pipes, and treatment facilities that keep reclaimed service available to every connected property. This structure is consistent with CCUA's Board-approved rate policy and is common practice among utilities across Florida. While I know that may not change how it feels from a customer standpoint, I hope this helps clarify the reasoning behind the charge and how it supports the larger reclaimed water system serving your community. Thank you again for reaching out, we truly appreciate your understanding. Thank you, Ashley Taliaferro Communications and Public Relations Specialist Office: 904-213-2432 Cell: 904-832-5193 3 From: LONNIEWILLOUGHBY@YAHOO.COM <LONNIEWILLOUGHBYYAHOO.COM> Sent: Thursday, October 30, 2025 1:26 PM To: bosweb©bos.clayutility.org Subject: BOS Contact Form Name: LONNIE Email: LONNIEWILLOUGHBY@YAHOO.COM Phone 904-238-9504 Number: Service 1738 FIDDLERS RIDGE DR Address: Department: Supervisors, Board I called customer service to have my reclaimed water meter turned off and locked as I rarely use the service and I would like to avoid the expensive base charges associated with reclaimed water. Customer service stated that even if the service was turned off, I Questions or would still be billed for the base charges because the reclaimed water meter was on my Comments: property.This made no sense to me as the meter is within the utility easement along with other utilities like telephone, internet and cable, and I am not charged for these other utilities. If this forced service charge is true, I think a lawsuit, including status as class-action would be appropriate. I highly recommend the policy be revised. Florida has a very broad Public Records Law. Virtually all written communications to or from CCUA and its employees are public record and are subject to disclosure to the public and media upon request. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The information contained in this email and/or attachment(s) may be confidential and intended solely for the use of the individual or entity to whom it is addressed.'. If the disclaimer can't be applied, attach the message to a new disclaimer message. 5 DIVERSIFIED UTILITY SERVICES, INC. 767 Blanding Boulevard, Suite 106 a Orange Park, Florida 32065 0 Phone (904) 276-2301 February 28, 1994 Mr. John Kopelousos 1279 Kingsley Avenue, Suite 118 Orange Park, Florida 32073 Re-: "Third Supplemental Bulk Service Agreement" for Eagle Harbor - Fiddler's Ridge. Dear John: Some while back we worked up the enclosed agreement and it has been sitting for a while awaiting the final execution of the Bulk Service Agreement. It is my understanding that the Bulk Service Agreement has been executed at this time, and therefore, we need to go ahead and get this Supplemental Agreement executed for "Eagle Harbor - Fiddler's Ridge" and the additional fees associated therewith paid. We have made some slight changes to this agreement format, and I have forwarded a copy to Mark for his approval. If he recommends changes, we may have to re-execute this agreement, but I am hoping that will not happen. Please review this agreement and if it meets your approval, then please route it through the proper channels for execution. If you will return all four (4) executed copies to us, we will have these copies executed on behalf of the Clay County Water and Sewer Authority and return one copy to you for your records. Please feel free to call me if you have any questions or require any additional information in this regard. Very truly yours, DIVERSIFIED UTILITY SERVICES, INC. Agent for Clay County Water and Sewer Authority '7 f Ray O. Avery President ROA/am Enclosures It THIRD SUPPLEMENTAL BULK SERVICE AGREEMENT (Kingsley System) THIS THIRD SUPPLEMENTAL BULK SERVICE AGREEMENT made and entered into this 28th day of February, 1994 , by and between THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a not-for-profit corporation and a Chapter 190, F. S. , Community Development District, whose address is 5000 U. S. Highway 17 South, Orange Park, Florida 32073 , hereinafter referred to as the "CDD" , and CLAY COUNTY WATER AND SEWER AUTHORITY, a dependent special district established under Clay County Ordinance 92-26, as amended, hereinafter referred to as the "Utility" , said Ordinance, as amended, being hereinafter referred to as "Ordinance" . WHEREAS, Clay County ("County") is the owner of certain water, wastewater and effluent re-use facilities which are operated by Utility under agreement with County; and WHEREAS, CDD intends to provide water, wastewater and reuse utility service to the lands located within its boundary, in Clay County, Florida, as described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property") ; and WHEREAS, County, CDD and Utility have executed a Master Bulk Service Agreement of even date herewith for the purpose of setting forth the terms, provisions, and responsibilities of the parties as they pertain to providing (1) Water and Wastewater Systems; (2) Water and Wastewater Service availability; (3) reserving capacity in Utility's water and wastewater systems; (4) establishing initial water and wastewater bulk rate service rates for the Property; and WHEREAS, CDD is in the process of developing a portion of said Property as described in Exhibit "B" attached hereto and by reference made a part hereof consisting of the Fiddler's Ridge Subdivision consisting of 64 residential lots. WHEREAS, CDD and Utility have further reviewed and agreed to the specific Water and Wastewater System plan review, design and construction requirements for this Phase of the Project and have identified the specific responsibilities of the parties with regard to such matters and have, in addition, identified the ERC's being developed at this time and the charges associated with this phase of the Project. NOW THEREFORE, for and in consideration of the premises, that the mutual undertakings and agreements herein contained and assumed, the CDD and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct and incorporated herein as though fully set forth. 2 . Definitions - The definitions of the various terms utilized in this Supplemental Bulk Rate Agreement are as set forth in Exhibit "C" , which is attached hereto and by reference made a part hereof. Where the same terms are utilized in this Supplemental Bulk Service Agreement as are in the Master Agreement they shall have the same meaning as in the Master Bulk Service Agreement. 3 . ERC Calculations - CDD acknowledges that Fiddler's Ridge Subdivision which consists of 64 residential lots which represent 64 water ERC's and 64 sewer ERC's. 4 . Charges - The Utility's charges associated with this phase of the development are as follows: (a) Water and Wastewater Connection Reservation Prepaid ($2 , 000, 000 . 00) Portion allocated to prior Supplemental Agreements to date 318, 625 . 00 Portion applicable to the Fiddler's Ridge Development: Water ERC's -64 @ 250. 00 = 16, 000. 00 Wastewater ERC's-64 @ 750. 00 = 48 , 000. 00 Subtotal 64 , 000 . 00 (Balance Prepaid) or Balance Due ($1, 617 , 375. 00) (b) Customer Connection Charge (Tap-in) Water N/A Customer Connection Charge (Tap-in) Wastewater N/A (c) Main Extension Charge - Water N/A Main Extension Charge - Wastewater N/A (d) Fire Protection Capacity Charge N/A (e) Meter Installation Charge (1) (f) Plan Review Charge 150. 00 (g) Inspection Charge 1, 625. 00 Total $ 1, 775. 00 Note 1. To be assessed to the builder by the CDD at the time building water application is made or at the time building construction occurs. 5. Payment - Payment of the charges set forth in this Agreement shall be made at the time of execution and delivery of this Agreement to Utility. 2 r: 6. Construction Plans - The construction associated with these development shall be in accordance with the approved construction plans which are identified on Exhibit "D" attached hereto and by reference made a part hereof. 7 . Inspection and Final Acceptance - CDD shall schedule a pre-construction conference at a time acceptable to Utility to coordinate the timing of construction and inspection activities during construction. CDD or its contractors shall advise Utility daily as to when they will be doing construction activities on the job. Copies of all permits to extend CDD's water distribution system and wastewater collection system shall be provided to Utility in advance of commencement of construction. At least 24 hours notice must be given to Utility before scheduling any pressure test of the pressure water and wastewater systems and T.V. tests and others tests of the gravity sewer systems, including final inspection for acceptance. All tests results must be satisfactory to Utility. All work shall be done in accordance with the approved plans and specifications. Copies of all . bacteriological clearances and engineers final certifications shall be provided to Utility before the system will be released to place it in service. In addition, a mylar of the as built drawings must be furnished to the Utility at that time. 8 . Master Bulk Service Agreement Binding. The CDD and Utility agree that the provisions of the Master Bulk Service Agreement shall remain in full force and effect and shall apply to the development of this Phase of the Project. This Supplemental Bulk Service Agreement is not intended to change the meaning of the Master Bulk Service Agreement in any way or delete any of the provisions of the Master Bulk Service Agreement, but is merely intended to more specifically identify the work required and the payment provisions for same as they pertain to this Phase of the Project. 9. Binding Effect of Agreement. This Agreement shall be. binding upon and shall inure to the benefit of the CDD, Utility and their respective assigns and successors by merger, consolidation, conveyance or otherwise. Any assignment or transfer by CDD shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee or transferrees shall acknowledge in writing that it assumes the duties and responsibilities of CDD as set forth in this Agreement. 10. 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 CDD, shall be mailed or delivered to CDD at: The Crossings at Fleming Island Community Development District c/o Gary L. Moyer, P.A. , District Manager 10300 N.W. llth Manor Coral Springs, FL 33065 3 With a copy to East West Partners of Jacksonville, Inc. 9248 Baymeadows Road Suite 110 Jacksonville, FL 32256 and if to the Utility Clay County Water and Sewer Authority 782 Foxridge Center Drive Orange Park, FL 32065 with a copy to: Clay County Clerk of the Courts 825 North Orange Avenue Green Cove Springs, FL 32043 Clay County, Florida 477 Houston Street Green Cove Springs, FL 32043 Attention: County Manger 11. 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. 12 . Costs and Attorney's Fees. In the event the Utility or CDD 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 costs incurred, including reasonable attorney's fees. 13 . 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 such 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. 4 14 . Indemnification. CDD agrees to indemnify and hold Clay County and 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 or arising out of CDD's performance of this Agreement. This indemnification provision shall survive the actual connection to Utility's wastewater and water distribution system. MISCELLANEOUS PROVISIONS 15. The rights, privileges, obligations and covenants of CDD and Utility shall survive the completion for the work of CDD with respect to completing the facilities and services to any development phase and to the Property as a whole. 16. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect among the CDD and Utility, made with respect to the matters herein contained, and when duly executed constitutes the Agreement among CDD 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 any party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed. 17 . 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 other. 18 . 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. 19 . The submission of this Supplemental Bulk Service Agreement for examination by CDD does not constitute an offer but becomes effective only upon execution thereof by Utility. 20. 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 of relinquishment of any right or power hereunder at any one time or times be deemed a waiver of relinquishment of such right or power at any other time or times. 21. It is agreed by and among the parties hereto that all words, terms and conditions herein contained are to be read in concert, each with the other, and that the provision contained under one heading may be considered to be equally applicable under another heading in the interpretation of this Agreement. 5 22 . The CDD and the Utility agree that Clay County shall not be responsible for the performance of these obligations of the Utility provided herein, and the CDD holds Clay County harmless therefore. IN WITNESS WHEREOF, the CDD 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: CDD THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a non-profit corporation and Chapter 190, Florida Statutes, Community Development District, by its Board of Supervisors rint=-id : Vt---)e.� `. L /&By: . . \D-6-0e; , W. O. Cannon, Its Chairman t. Print Name:sherc S%krytna✓- WITNESSES: UTILITY: CLAY COUNTY WATER AND SEWER AUTHORITY By: Print Name: John Keene Clerk of the Circuit Court Title: of Clay County, Florida Print Name: (corporate . seal) 6 STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me thisll day of c , 1994 , by W. O. Cannon, Chairman, Board of Supervisory of The Crossings at Fleming Island Community Development District, on its behalf and with its author ' ty4and who is personally known to me or who has produced 1�1�ct�►L. , as identification and who did (did not) take an oath. Printed Name '"({A rrt5�. S, n/A.rY. r.er- Notary Public State of Florida at Large My Commission Expires: trttiiESii S. SUiviNE.,, Notary Public, State of Florida My comm. expires Mar, 13, 1996 Comm. No, CC 981474 goaded Wu Troy-Fein Inn.,lF' STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me this day of , 1994 , by John Keene, who is personally known to me or who has produced , as identification and who did (did not) take an oath. Printed Name Notary Public State of Florida at Large My Commission Expires: 7 EXHIBIT "A" Page 1 of 39 C.D.D. PROPERTY NORTH OF COUNTY ROAD 220 & WEST OF U.S . 17 EAGLES HARBOR GOLF COURSE TRACT NO. 1 : 42 . 2 ACRES GOLF COURSE TRACT NO. 2 ( LESS FIRE STATION ) : 513 . 34 ACRES GOLF COURSE TRACT NO. 3 ( LESS BOAT RAMP) : 9 . 3 ACRES EAGLE ' S NEST (LESS SCHOOL) : 567 . 78 ACRES OAK CREEK PARCEL: - 4 . 06 ACRES TOTAL 1136 . 68 ACRES I EXHIBIT "A" o . Page 2 of 39 THOYA• C. MVLLI• • I 1 McKEE, EILAND & MULLIS,' LAND SURVEYORS, INC. 3-18947-R 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 • PHONES (D04) 284.0811 (D04) 264.8151 May 22, 1989 . (D.R.I. Parcel No. A-1) • • (Tract No. 1) • DESCRIPTION FOR: CHAMPION REALTY CORPORATION . i A parcel of land situated in Section 31, Township 4 South, •• Range 26 East, Clay County, Florida ; said parcel being more • particularly described as follows: Commence at the Southeast corner of said Section 31 (also being the Southwest corner of Section 32, Township 4 South, Range 26 East) ; thence on the East line of said Section 31 (also being West line of said Section 32) run North 00 degrees 07 minutes 28 • seconds East 70.00 feet to the Northerly line of County Road No. C-220; thence on last said line run the following four courses: • 1) South 89 degrees 57 minutes 02 seconds- West 419.11 feet; 2) South 89 degrees 27 minutes 02 seconds West 30.95 feet; 3) South 00 degrees 32 minutes 58 seconds East 20 .00 feet; 4) South 89 ' degrees 27 minutes .02 seconds West 866.40 feet to the West line • of the East one-half of the Southeast one-quarter of said Section • 31; thence on last said line North 00 degrees 07 minutes 04 seconds West 2598.03 feet to the South line of the North one-half • of said Section 31; thence on last said line South 89 degrees 48 minutes 43 seconds West 2519 .75 feet to the West line of West . Lakeshore Drive ( formerly Parkgate Drive) and the Point of Beginning; thence on last said line North 13 degrees 06 minutes • 16 seconds West 311.98 feet to the Southerly line of .Canterbury • Drive; thence on last said line run the following six courses: • 1) South 89 degrees 53 minutes 44 seconds West 124.77 feet; 2) on the arc of a curve concave to the Southeasterly and having a radius of 151. 68 feet, a chord distance of 193.77 feet, the bearing of said chord being South 50 degrees 11 minutes 47 seconds West; 3) South 10 degrees 29 minutes 29 seconds West 19.35 feet; 4) on the arc of a curve concave to the Northwesterly and having a radius of 1200.00 feet, a chord distance of 279.99 feet, the bearing ot•-last said chord- being South 17 degrees 11 min u Les 48 seco. is We •:; 5) on the arc of a curve concave to the Northwesterly and having a radius of 435 . 00 feet, a chord distance of 130.00 feet, the bearing of last said chord being • • 1 I EXHIBIT "A" Page 3 of 39 • • South 32 degrees 29 minutes 24 seconds West; 6 ) on the arc of curve concave to the Northwesterly and having a radius of 1066 .00 feet, a chord distance of 370. 33 feet to the East line of Lake Shore Boulevard, the bearing of last said chord being South 51 degrees 05 minutes 12 seconds West; thence on last said line South 07 degrees 21 minutes 40 seconds East 72. 59 feet; thence South 82 degrees 38 minutes 20 seconds West 80. 00 feet to the West line of Lake Shore Boulevard; thence on last said line North 07 degrees 21 minutes 40 seconds West 30 feet, more or less, to the waters of Mainard Branch; thence along said waters in a general Westerly direction 640 feet, more or less, to the waters of Doctors Lake; thence along last said waters in a general Southwesterly direction 980 feet, more or less to the Southerly line of Government Lot 3, of said Section 31 (also being the Northerly line of lands described in Official Records Book 840, page 118 of public records of said County) ; thence on last said line South 89 degrees 07 minutes 59 seconds East 1950 feet, more or less, to a concrete monument at the Southeast corner of said Government Lot 3; thence continue on the Northerly line of lands described in said Official Records Book 840, page 118, South 88 • degrees 53 minutes 48 seconds East 302 .35 feet to a concrete monument on said Westerly line of West Lakeshore Drive; thence on . last said line run the following three courses: 1) North 04 degrees 12 minutes 16 seconds West 336.74 feet; 2) on the arc of a curve concave to the Southwesterly and having .a radius of 6391.78 feet, a chord distance of 991. 88 feet, the bearing of last said chord being North 08 degrees 39 minutes 16 seconds West; 3) North 13 degrees 06 minutes 16 seconds West 25 .73 feet to the Point of Beginning, being 42. 2 acres, more or less, in area. Tract No. 1 -Page 2- • ' p`�• EXHIBIT "A" Page 4 of 39 TMOMA, C. MULMS McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. 1246 HIGHWAY 17 • ORANGE PARK. PLOn1DA 32073 l J-20093-R PHONES (004) 264.G61) (004) Z64-6151 June 21, 1990 (Golf Course Tract No. 2 Less Fire Station) DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land situated in Sections '}9, 30, 31, and 32, Township 4 South, Range 26 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 32; thence on the West line thereof run North 00 degrees 07 minutes 28 seconds East 70.00 feet to the Northerly line of County Road No. • C-220 and the Point of Beginning; thence on last said line run the following three courses: 1) North 89 degrees 57 minutes 02 seconds East 50 . 63 feet; 2 ) South 00 degrees 02 minutes 58 • seconds East 20.00 feet; 3 ) North 89 degrees 57 minutes 02 seconds East 512 . 52 feet to the West line of East Lakeshore Drive; thence on last said line run the following two course: 1) North 00 degrees 25 minutes 02 seconds East 3971. 70 feet; 2) • North 00 degrees 30 minutes 22 seconds East 3053.80 feet to the South line of Lakeshore Drive; thence on last said line run the following four courses : 1) North 89 degrees 37 minutes 15 seconds West 417. 86 feet; 2) North 00 degrees 22 minutes 45 seconds East 20.00 feet; 3) North 89 degrees 37 minutes 15 seconds West 1231. 36 feet; 4 ) on the arc of a curve concave to the Southerly and having a radius of 1799 . 71 feet; a chord distance of 113 . 61 feet to the Westerly line of Block 5 , Neilhurst Section 3, according to Plat Book 2, page 48 of the public records of said County, the bearing of said chord being South 88 degrees 34 minutes 14 seconds West; thence on last said line and on the arc of a curve concave to the Northeasterly and baying a radius of 1825.00 feet, .run a chord distance. of 726.58 • feet to a Northeasterly prolongation of the Northerly line of Block 10, said Neilhurst Section 3, the bearing of last said chord being South 12 degrees 28 minutes 20 seconds East; thence DESCRIPTION FOR: CHAMPION REALTY CORPORATION EXHIEIT "A" .0-20093-R Page 5 of 39 Golf Course Tract No. 2 L. s Fire Station Page 2 on said prolongation and then on said Northerly line South 66 degrees 47 minutes 59 seconds West 275 .03 feet to the Easterly line of Lot 126, said Block 10; thence on last said line South , 25 degrees 24 minutes 11 seconds East 112 . 02 feet to the Northeasterly corner of Lot 127, said Block 10; thence on the ' Easterly line thereof South 27 degrees 56 minutes 03 seconds East 72. 88 feet to the Northeasterly corner of Lot 128, said Block 10; thence on the Easterly line thereof South 29 degrees 47 minutes 50 seconds East 63. 77 feet to the Southeasterly corner of said Lot 128; thence on the Southerly line thereof South 59 degrees 19 minutes 57 seconds West 205.09 feet to the Southwesterly line of said Block 10 ; thence on last said line and then on a • Southeasterly prolongation thereof and on the arc of a curve concave to the Northeasterly and having a radius of 2305 .00 feet, run a chord distance of 600. 47 feet to the most Westerly corner of Block 16, said Neilhurst Section 3, the bearing of last said chord being South 38 degrees 07 minutes 39 seconds East; thence South 45 degrees 22 minutes 52 seconds West 550. 07 feet to the most Northerly corner of Block 14, said Neilhurst Section 3 ; thence on the Southwesterly line of an unnamed road according to said Plat Book 2, page 48, and on the arc of a curve concave to the Northeasterly and having a radius of 2855.00 feet, run a chord distance of 768. 48 feet, the bearing of last said chord being North 37 degrees 41 minutes 09 seconds West; thence on the Northerly line of Block 1, said Neilhurst Section -3, - run the following two courses: 1) on the arc of a curve concave to the Southwesterly and having a radius of 410 . 00 feet, a chord • • distance of 436. 62 feet, the bearing of last said chord being • North 62 degrees 07 minutes 26 seconds West; 2) on the arc of • curve concave to the Northerly and having a radius of 524 .99 feet; a chord distance of 36.14 feet to the East line of Lot 336, said Block 1, the bearing of last said chord being South 87 degrees 41 minutes 06 seconds West; thence on last said line DESCRIPTION FOR: CHAMPION FEALTY CORPORATION EXHIBIT "A" J-20093-R 'Golf Course Tract No. 2 Less Fire Station Page 6 of 39 Page 3 • South 00 degrees 14 minutes 34 seconds East 249. 88 feet to the South line of said Lot 336; thence cn last said line and then on the South line of Lots 335, 334, and 333 of said Block 1, South 89 degrees 02 minutes 59 seconds West 404 .04 feet to the East line of the East one-half of the East three-quarters of the East one-half of Government Lot 3 of said Section 30; thence on last said line South 00 degrees 14 minutes 34 seconds East 300.22 feet to the South line of said Section 30; thence on last said line South 89 degrees 01 minutes 09 seconds West 247.50 feet to the West line of said East one-half of the East three-quarters of the East one-half of Government Lot 3 ; thence on last said line run the following two courses: 1) North 00 degrees 16 minutes 03 seconds West 932. 14 feet; 2) North 00 degrees 11 minutes 44 • seconds West 336.88 feet to the South line of Lakeshore Drive; • thence on last said line run the following two courses: 1) South 79 degrees 54 minutes 14 seconds West 1292.35 feet; 2) on the arc ' of a curve concave to the Southeasterly and having a radius of 1740.10 feet, a chord distance of 145.97 feet to a Northwesterly • prolongation of the Westerly line of Lot 3, Block "L", Neilhurst • • Section 1, according to Plat Book 2, page 45 of said public records, the bearing of last said chord being South 77 degrees 30 minutes 00 seconds West; thence on said prolongation and then cn said Westerly line South 18 degrees 40 minutes 12 seconds East 825.10 feet to the Southwest corner of said Lot 3; thence on the • Southerly, Southeasterly, and Easterly lines of Lots 4 through 16 inclusive, said Block "L' , run the following •five courses: 1) South 76 degrees 26 minutes 51 seconds West 180.00 feet; 2) South • 47 degrees 43 minutes 50 seconds West 220.00 feet; 3 ) South 28 degrees 31 11,inutes 51 seconds West 225.00 feet; 4) South 09 degrees 22 minutes 43 seconds West 110.00 feet; 5 ) South 04 degrees 43 minutes 36 seconds West 100.00 feet to the North line. of Lot 18, said Block "L"; thence on last said line and then on an Easterly prolongation thereof North 89 degrees 56 minutes 50 DZSCR:PTiON FOk: CHA,r.?1ON REALTY CORPORATI :4 EXHIBIT "A" . -20093-R Golf Course ,Tract No. 2 Less Fire Station Page 7 of 39 • - Page 4 seconds East 259 . 51 feet to the Easterly line of Parkgate Drive; thence on last said line and then on the Easterly line of West Lakeshore Drive ( formerly Parkgate Drive) run the following four courses: 1) on the arc of a curve concave to the Easterly and • having a radius of 319.. 48 feet, a chord distance of 17.30 feet, the bearing of last said chord being South 00 degrees 51 minutes 12 seconds East; 2) South 02 degrees 24 minutes 16 seconds East 304 .45 feet; 3) on the arc of a curve concave to the Easterly and having a radius of 1562.97 feet, a chord distance of 291.45 feet; the bearing of last said chord being South 07 degrees 45 minutes 15 seconds East;. 4 ) South 13 degrees 06 minutes 16 seconds East 754 . 90 feet to the Northerly line Lot 9 , Block " Q" , said • Neilhurst Section 1; thence on last line North 76 degrees 53 minutes 44 seconds East 200.00 feet to the Easterly line of said Lot 9 ; thence on last said line South 13 degrees 06 minutes 16 seconds East 80.00 feet to the Southerly line of said Lot 9 ; thence on last said line South 76 degrees 53 minutes 44 seconds West 200. 00 feet to the Easterly line of said West Lakeshore Drive; thence on last said line 'South 13 degrees 06 minutes 16 seconds East 955.49 feet to the South line of the North one-half of said Section 31; thence on last said line North 89 degrees 48 minutes 43 seconds East 2452.04 feet to the West line of the East one-half of the Southeast one-quarter of said Section 31; thence on last said line •South 00 degrees 07 minutes 04 seconds East . 2083 . 16 feet; thence North 89 degrees 27 minutes 02 seconds East 210.00 feet; thence South 00 degrees 07 minutes 04 seconds East 414 . 87 feet; thence South 89 degrees 27 minutes 02 seconds West 210.00 feet to last said West line; thence along said West line, South 00 degrees 07 minutes 04 seconds East, 100.00 feet to the Northerly line of County Road No. C-220; thence on last said line • run the following 'four courses: 1) North •89 degrees 27 minutes • 02 seconds East 866.40 feet; 2) North 00 degrees 32 minutes 58 seconds West 20. 00 feet; 3 ) North 89 degrees 27 minutes 02 UELC1tIPTiG:. FOR: CHAN:PION REALTY CORPORATION EXHIBIT "A" J-20093-R Golf Course Tract No. 2 Less Fire station Page 8 of 39 Page 5 seconds East 30 . 95 feet; 4 ) North 89 degrees 57 minutes 02 seco9ds East 419.11 feet t:o the Point of Beginning, being 513 . 34 acres, more or less, in area. • • E-4) EXHIBIT "A" ..: e: • • '• Page 9 of 39 ..• V MULLIS l.r• . ♦ McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-20093-R 1246 HIGHWAY 17 • ORANGE r'ARK. FLORIDA 32073 rHONES (904) 264.9811 (904)I284.8151 June 21, 1990 (Gof Course Tract No. 3 Less Boat Ramp Parcel) DESCRIPTIONIFOR: CHAMPION REALTY CORPORATION A parcel of land situated in Sections 29 and 30, Township 4 South, Range 26 East, Clay County, Florida; said parcel being • • more particularly described as follows: Commence at the Southwest corner of Section 32, Township 4 South, Range 26 East; thence on the West line thereof run North 00 degrees 07 minutes 28 seconds East 70.00 feet to the Northerly line of County Road No. C-220; thence on last said line run the following three courses : • ( 1 ) North 89 degrees 57 minutes 02 seconds East 50 . 63 feet; ( 2) South 00 degrees 02 minutes 58 seconds East 20.00 feet; (3 ) North 89 degrees 57 minutes 02 seconds East 512 . 52 feet to the West line of East Lakeshore • Drive; thence on last said line run the following four courses : • (1) North 00 degrees 25 minutes 02 seconds East 3971.70 feet; (2) North 00 degrees 30 minutes 22 seconds East 3053 .80 feet; ( 3 ) South 89 degrees 37 minutes 15 seconds East 12. 32 feet; (4 ) North 00 degrees 22 minutes 05 seconds East 100.00 feet to the • intersection of said West line of East Lakeshore Drive with the North line of Lakeshore Drive; thence on last said line North 89 • degrees 37 minutes 15 seconds West 441. 84 feet to the Point of Beginning; thence continue on said North line the following two • courses: (1) North 89 degrees 37 minutes 15 seconds West 1219.68 feet; (2) on the arc of a curve concave to the Southerly and having a radius of -1879 .71 feet, a chord distance of 100.57 feet to the East line of lands described in Official Records Book 251, page 368, of the public records of said County, the bearing of said chord being South 88 degrees 50 minutes 46 seconds West; thence on said East line North 00 degrees 23 minutes 23 seconds East 307 feet, more or less, to the waters of Doctors Lake; thence along said waters in a general Easterly direction 1400 feet, more or less, to a point which bears North 00 degrees 22 minutes 45 seconds East 368 feet, more or less, from the Point of • Beginning; thence South 00 degrees 22 minutes 45 seconds West 368 feet, more o less, to the Point of Beginning, being 9 . 3 acres, more or less, in area. • EXHIBIT "A" .... Y_. . ......• 1 'Page 10 of 39 " J• TMO..,., C. .Ulllf MflcKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-20093-R 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 June 21, 1990 PHONES (90+) 26+•9e11 I90+1 26+.81s1 (Eagle's Nest Less School Site) DESCRIPTION (Ott: CHAMPION REALTY CORPORATION A part of Sections 32 and 33, Township 4 South, Range 26 East, Clay County, Florida; being more particularly described as follows: Begin at the Northeast corner of said Section 32; thence South 00 degrees 26 minutes 27 seconds East along the dividing line between said Sections 32 and 33, a distance of 4 , 088 . 66 feet; thence North 89 degrees 38 minutes 28 seconds East 2, 055 . 90 , feet to the Westerly Right-of-Way line of U.S. Highway No. 17 (State Road No. 15) , said point being on a curve, said curve being concave Easterly and having a radius of 23, 050. 31 feet; thence Southerly along the said Westerly Right-of-Way line of U.S . Highway No. 17 along and around said curve, an arc distance of 451.30 feet to the Point of Tangency of said curve, said arc being subtended by a chord bearing and distance of South 03 degrees 36 minutes 08 seconds West 451 . 30 feet; thence continue along said Westerly Right-of-Way line South 03 degrees 02 minutes • 29 seconds West 749.54 feet to the point of a curve to the right, said curve being concave Northwesterly and having a radius of 75.00 feet; thence Southwesterly along and around said curve an arc distance of 113. 31 feet to the Point of Tangency of said curve, said point being on the Northerly Right-of-Way line of County Road No. C-220, the aforementioned arc being subtended by a chord bearing and distance of South 46 degrees 19 minutes 17 seconds West 102.83 feet; thence along the Northerly Right-of-Way line of County Road No. C-220, the following two (2) courses and distances : ( 1 ) South 89 degrees 36 minutes 48 seconds West 3,305.47 feet; (2) South 89 degrees 57 minutes 02 seconds West 3 , 374 . 31 feet to the Easterly Right-of-Way line of Lakeshore Drive according to Official Records Book 1239, pages 236 thru 238, of the public records of said County; thence on last said • line North 00 degrees 25 minutes 02 seconds East 3,728. 19 feet; • thence North 89 degrees 50 minutes 40 seconds East' 1976.31 feet to the East line of the Northwest 1/4 of said Section 32; thence on last said line North 00 degrees 06 minutes 34 .seconds West 1,627.31 feet to the North line c said Section 32; thence along last said line North 89 degrees 47 minutes 24 seconds East 2,734.55 feet to the Point of Beginning, containing 567.78 acres, more or less. • _ "1'Y. EXHIBIT "A" Page 11 of 39 "" T. """° McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 PHONES (904) 264.9811 (904) 264-8151 J-21178-R DESCRIPTION FOR REYNOLDS, SMITH AND HILLS A PARCEL OF LAND SITUATED IN SECTION 33, TOSNSHIP 4 SOUTH, RANGE 26 EAST, CLAY COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 33; THENCE ON THE WEST LINE THEREOF RUN SOUTH UU DEGREES 38 MINUTES 00 SECONDS EAST 4088.76 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 07 SECONDS EAST 1838.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 27 MINUTES 07 SECONDS EAST 217 .32 1'EE•1• TO THE WEST LINE OF STATE ROAD NO. 15 (U.S. HIGHWAY NO. 17) ; THENCE ON LAST SAID LINE RUN THE FOLLOWING TWO COURSES: 1 ) ON THE ARC OF A CURVE CONCAVE'• TO THE EASTERLY AND HAVING A RADIUS OF 23050.31 FEET, A CHORD DISTANCE OF 410.77 FEET, THE BEARING OF SAID CHORD BEING NORTH 04 DEGREES 31 MINUTES 03 SECONDS EAST; 2) ON THE ARC OF A CURVE CONCAVE TO THE WESTERLY AND HAVING A RADIUS OF 22786. 31 • FEET, A CHORD DISTANCE OF 186.65 FEET, THE BEARING OF LAST SAID CHORD BEING NORTH 04 DECREES 47 MINUTES 36 SECONDS EAST; THENCE NORTH 40 DEGREES 18 MINUTES 07 SECONDS WEST 80.85 FEET; THENCE NORTH 62 DECREES 56 MINUTES 33 SECONDS WEST 38.83 FEET; THENCE NORTH 68 DEGREES 46 MINUTES 53 SECONDS WEST 45.68 FEET; THENCE NORTH 75 DECREES 57 MINUTES 25 SECONDS WEST 47. 12 FEET; THENCE NORTH 24 DECREES 18 MINUTES 02 SECONDS WEST 14 .94 FEET; THENCE SOUTH 41 DEGREES 30 MINUTES 00 SECONDS WEST 9.79 FEET; THENCE SOUTH 08 DEGREES 14 MINUTES 41 SECONDS WEST 31 .41 FEET; THENCE SOUTH 01 DECREE 14 MINUTES 40 SECONDS WEST 58. 19 FEET; THENCE SOUTH 86 DEGREES 40 MINUTES 48 SECONDS EAST 14 .06 FEET; THENCE SOUTH 11 DEGREES 18 MINUTES 47 SECONDS WEST 69 . 15 FEET; THENCE • SOUTH 05 DEGREES 24 MINUTES 25 SECONDS WEST 66.41 FEET; THENCE SOUTH 28 DEGREES 35 MINUTES 47 SECONDS WEST 81.93 FEET; THENCE SOUTH 62 DECREES 45 MINUTES 17 SECONDS WEST 50.22 FEET; THENCE NORTH 67 DEGREES 26 MINUTES 44 SECONDS WEST 41 .40 FEET; THENCE SOUTH 75 DEGREES 17 MINUTES 40 SECONDS WEST 39. 59 FEET; THENCE SOUTH 19 DECREES 03 MINUTES 37 SECONDS WEST 67.68 FEET; THENCE SOUTH 45 DEGREES 05 MINUTES 41 SECONDS WEST 41.01 FEET; THENCE SOUTH 34 • DEGREES..07 MINUTES 16 SECONDS EAST 60.47 FEET; THENCE SOUTH 12 DECREES 49 MINUTES 03 SECONDS EAST 49.24 FEET; -. THENCE SOUTH 39 DEGREES 05 MINUTES 26 SECONDS EAST 11'1 .80 FEET; THENCE SOUTH 05 DEGREES 27 MINUTES 07 SECONDS WEST 40.56 FEET; THENCE SOUTH 08 DECREES 34 MINUTES 19 SECONDS EAST 24 .70 FEET; THENCE SOUTH 28 DECREES 46 MINUTES 20 SECONDS EAST 63.31 FEET TO THE POINT OF BEGINNING, BEING 4 .06 ACRES, MORE OR LESS, IN AREA. • • • • • • • • • . .. • .1 • CLAY CUU Nil k*. • ';7 AGREEN1,ENTICONTRACT 04/-1-1:17 MASTER BULK SERVICE AGREEMENT THIS MASTER BULK SERVICE AGREEMENT made and entered into this A4.14., day of October, 1993 , by and between THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a not-for-profit corporation and a Chapter 190 F. S . , Community Development District, whose address is 5000 U. S. Highway 17 South, Orange Park, Florida, 32073 , (hereinafter referred to as the "COD) " and CLAY COUNTY WATER AND SEWER AUTHORITY, a dependent special district created by Clay County Ordinance 93-7 , (hereinafter referred to as "Utility") and CLAY COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as the "County") . WHEREAS, CDD intends to provide water, wastewater and reuse utility service to the lands located within its boundary, in Clay County, Florida , as described in Exhibit "A" attached herein and incorporated herein by reference, (hereinafter "Property") ; and WHEREAS, the County is the owner of certain water and wastewater and effluent re-use facilities which are operated by Utility under Agreement with County; and WHEREAS, CDD, not being desirous of providing its own potable water production, treatment and pumping facilities and wastewater treatment and disposal facilities, desires Utility to provide central water pumping treatment and distribution service and central wastewater collection, treatment and disposal service to the Property; and - WHEREAS, CDD desires to provide its own reuse water system utilizing the reclaimed wastewater from Utility and will enter into a separate agreement with the Utility for that service; and WHEREAS, Utility is willing to provide, in accordance with the provisions of this Agreement and the Water and Wastewater Utility Rate Resolution (including service availability policy) , adopted by the Utility on February 23 , 1993 , as may be further amended .from time to time ( "Rate Resolution") Central Water Service and Wastewater Service to the property and thereafter operate the facility so the occupants of the improvements on the property shall receive adequate water and wastewater service from the Utility. To the extent of inconsistency between the Rate Resolution and this Agreement, this Agreement shall control; and WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understanding and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the CDD's Property; • t NOW THEREFORE, for and in consideration of the premises , that the mutual undertakings and agreements herein contained and assumed, CDD, Clay County and Utility hereby covenant and agree as ' follows : 1 . The foregoing statements are true and correct and incorporated herein as though fully set forth. 2 . Definitions . 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) CDD' s Customers - All retail or wholesale water and wastewater customers located within the CDD Property and receiving service from water and wastewater systems owned by the CDD. (b) CDD' s Consumer Installation - All facilities ordinarily on the consumer' s side of the CDD' s point of delivery to its consumers within the Property. (c) Contributions-in-aid-of-Construction - The sum of money and/or the value of property represented by the cost of the wastewater collection system and water distribution system (including treatment plants and trunk mains) constructed or to be .constructed which a Developer, owner, or CDD transfers, or agrees to transfer, to County at no cost to the Utility or County to provide utility service to specified property. (d) . 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- the amount of which is' set forth in Utility's Rate Resolution. At the time of execution of this Agreement, these quantities were defined as 450 gpd per water ERC and 311 gpd per wastewater ERC. In no event, shall any one single family residence be considered less than one ERC. (e) Utility' s Point of Delivery - The point where the pipes of Utility are connected with the pipes of the CDD. 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 the CDD unless such pipes are transition mains constructed by the Utility within the bounds of the CDD for its own use . (f) Water Service - The act of pumping, treating and delivering potable water to a pipeline transmission system in order to deliver potable water to consumers legally connected to such systems in accordance with the rules and regulations of the Utility and of the various regulatory agencies having jurisdiction. This includes providing fire protection to the property which meets the • ; 11' . current requirements of the Clay County Ordinances regulating fire protection to new developments in Clay County, Florida . (g) Wastewater Service - The act of, collecting, transmitting, treating and disposing of domestic wastewater from consumers legally connected to a pipeline collection system and treatment facilities which are operated for such purpose in accordance with the rules and regulation of the Utility and other various regulatory agencies having jurisdiction . (h) Reuse Service - That process of the CDD acquiring reuse wastewater from the Utility at the Fleming Island Regional Wastewater Reclamation Facility , providing piping, storage and delivery of acceptable reuse wastewater to the CDD' s storage facility and providing pumping and piping systems to deliver the reuse flow to the Golf Course, Commercial, Public, and Residential Irrigation Customers within the Property, including all permitting and administration associated therewith. ( i) Service - The readiness and ability on the part of Utility to furnish —and maintain water and wastewater service to the Utility's point of delivery pursuant to the rules and . regulations of applicable regulatory agencies. 3 . - Assurance of Authority - CDD represents and warrants that, by way of the powers bestowed upon it in Chapter 190, F. S. , it has the legal right to grant the exclusive rights of service .contained in this Agreement. Upon request, the CDD agrees to deliver to Utility and County evidence of its legal Community Development District active status under the Laws of the State of Florida . - 4 . On-Site Installations - On-site facilities are those located within the Property for which CDD is requesting service. The CDD shall convey to the County for the 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 at the time of bond defeasance on the Assessment Revenue Bond Issue being sold contemporaneously with the execution hereof .. In no event, however, shall conveyance take place later than 30 years from the date hereof. Additionally, the County for the Utility may acquire title to the on-site system at any time by assuming the then outstanding indebtedness attributable thereto ; At the time of • conveyance all of the requirements of the Utility and County relative to such conveyance shall be complied with, as is stated herein below. Until such time as the On-Site System is conveyed, the same shall be operated and maintained by the CDD. In its sole discretion, the County may decline to accept the On-Site System, or may agree to such other arrangement as it deems appropriate . 3 • • '• . Because of the long term nature of this Bulk Service Agreement, and the fact that conveyance of the On-Site System shall not take place _ until some point in the future, CDD hereby agrees that the Utility, its successors or assigns, shall have the right to serve developments beyond the boundary of tie property by connecting to the lines and facilities of the CDD. In order to protect the Utility' s interest in this regard, , the Utility is hereby granted the right to make repairs to the on-site facilities constructed by the CDD hereunder in the event that the CDD fails to do so, after reasonable notice and opportunity to cure . In that event, Utility shall additionally be entitled to back charge the CDD for such repairs and maintenance as well as require the CDD to over size the On-Site Lines and facilities so as to provide utility service to third parties utilizing such on-site lines as referenced herein. Such oversizing of on-site lines and facilities shall adhere to Utility' s Master Plan, however, if conditions change to make the Utility ' s existing Master Plan inadequate then CDD will not be responsible for additional oversizing of mains or for retro fitting mains already in place at such time as the inadequacy of the Utility' s Master Plan is discovered. The CDD' s water, wastewaterand reuse water master plan shall be submitted to the Utility for prior approval and must be acceptable to the Utility and in concert with the Utility's overall master plan. The Utility shall review each phase of the development of the Property to insure that it adheres to the master plan of the Utility in this regard. No on-site facilities shall be constructed by the CDD that do not comply with the overall master plan of the Utility. Utility shall have the right and obligation, at the CDD' s expense, to construct and/or 'approve the construction of the on- site installations which shall be ultimately owned and maintained by the County for the Utility. The Utility shall also have the right to review all plans and specifications, connections to its systems and the CDD 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 County for the Utility. The CDD shall reimburse the Utility for its costs for such inspection, including all overhead associated with same . Where on-site temporary pump stations or back-flow 'prevention devices are required, such shall be paid for one hundred percent ( 100%) by the CDD 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 the Utility has reviewed and approved CDD's contractor, the plans and specifications for construction of the water and wastewater system, 4 r of 0 and has scheduled the Utility Inspector 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. CDD agrees to transfer to the County for the Utility, title to all water distribution and wastewater collection systems installed by CDD or CDD' s contractor, which the County has agreed to own and the Utility to maintain , pursuant to the provisions of this Agreement and shall at the time of such conveyance: (a) Deliver a Bill of Sale and No Lien Affidavit in form acceptable to Utility for such water distribution and wastewater collection systems. (b) Assign any and all warranties and/or maintenance bonds as set forth herein. (c) Provide all operations, maintenance and parts manuals, as-built plans complying with the Utility' s specifications, and other documents required for operation of the utility system. (d) Convey to the County for the Utility easements and/or rights-of-way covering all areas in which water and • ,wastewater systems are installed, with adequate legal access to same, by recordable document in form satisfactory to the Utility . At the time of conveyance of such Utility Easements, the Utility . shall require a title search and fee simple policy to every . .- easement so conveyed. • Such easements shall be conveyed free and clear of all encumbrances which would impede or otherwise potentially interfere with Utility's ability to operate lines. and facilities within such easements subsequently . (e) Convey to Clay County for the Utility, by recordable document in form satisfactory. to Clay County and the Utility, fee simple title to lift station and pump station sites , along with recordable ingress/egress easement documents . Due to the long term nature of this Agreement, the CDD shall always maintain as-built drawings in a manner acceptable to the Utility and shall provide the Utility a copy of same along with any improvements or updates to such drawings of the water and wastewater system. 5 . Off-Site Installation. CDD shall further construct all transmission mains, pump stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in the Utility' s transmission or collection system, pursuant to the specifications and at the point identified by the Utility as such development occurs . Utility may require CDD to oversize off-site transmission mains and appurtenant facilities in a manner 5 r consistent with Utility' s Water and Wastewater System Master Plan. The costs associated with construction of oversized 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 4 of this Agreement shall also apply to the off-site installations . 6 . Agreement to Serve. Upon the completion of construction of the On-Site and Off-Site Facilities by CDD, or an appropriate phase thereof, and compliance with the terms and conditions of this Agreement and Utility' s Service Availability Policy, Utility shall allow connection or oversee the connection of the wastewater collection facility and water distribution facility installed by the CDD 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 water and wastewater service to the CDD' s customers within the Property, that it will continuously provide such service at its costs and expense, but in accordance with the other 'provisions of this Agreement, the Rate Resolution and the requirements of the governmental authorities having jurisdiction over the operations of the Utility. Utility and County shall not be liable for any temporary interruption in service as a result of equipment failure, emergencies or acts of God. 7 . ._ Exclusive Right to Provide Service . CDD shall not engage in the .business of providing potable water service or wastewater -service to the property other than by purchasing bulk service from Utility. Utility shall have the sole and exclusive right and privilege to provide water and wastewater service to the point of connection to the Property and CDD is responsible for service from that point of connection to the CDD's customers within the Property, until such time that facilities are conveyed to the County, at which time Utility, but not the County, will assume all such responsibility._ 8 . Inspection' of CDD' s Facilities . Utility shall, as aforesaid, at all reasonable times and hours , have the right of inspection of CDD's internal lines and facilities . This provision shall be binding on the successors and assigns of the CDD. Should inadequate maintenance be observed, Utility Director shall notice the CDD for action to correct within a reasonable time period which period shall be stated for each occurrence. Should CDD allow inadequate maintenance to progress to the point that it becomes a potential health hazard to the CDD' s customers and Utility's customers, Utility at its option, upon reasonable notice to CDD shall be allowed to take control of the operation and maintenance of the water and wastewater systems owned by CDD with Utility's staff at CDD's expense and CDD hereby agrees to assess such service 6 rates as necessary to its customers to repay Utility for such operation and maintenance services . Should such a take-over occur, Utility may continue such operations indefinitely, at its option; or it may relinquish such control back to CDD once Utility is satisfied with CDD' s operation and maintenance capabilities . 9 . Utility' s Exclusive Right to Utility Facilities . CDD agrees with Utility that all water and wastewater facilities ultimately transferred to and accepted by the County and Utility in connection with providing wastewater and water service to the Property, shall at all times remain in the sole, complete and exclusive ownership of the County, 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 water and wastewater services to other persons or entities located within or beyond the limits of the Property . • 10 . Easements . At such time as any transfer hereunder shall take place, CDD will grant and give to the County, and in the event of failure, this document shall act as the transferring instrument from - CDD to the County, its successors and assigns , including a Dependent or Independent Special District of Clay County, but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and operate the water and wastewater facilities to serve the Property in, under, upon, over and across the present and future streets, roads , alleys , utility easements , reserved utility strips and utility sites . Mortgagees , if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to Utility and County 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 water and wastewater collection facilities , save and except CDD' s consumer installations , shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way to the County for Utility purposes and there shall be adequate legal access to same. The use of easements granted by CDD to the County for the 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 to the County will be utilized in accordance with the established and generally accepted practices of the water and wastewater industry with respect to the installation of all its facilities in any of the easement areas . CDD shall obtain all necessary easements at the 7 time each development occurs to hold for their ultimate conveyance to the County for use by the Utility . 11 . Connection Charges and Miscellaneous Charges . In addition to the contribution of wastewater collection systems and water distribution systems, where and when applicable, and further to induce Utility to provide watr and wastewater service, CDD hereby agrees tO pay to Utility the following service availability charges , as defined in the Rate Resolution (including Service Availability Po1icy) : (a) Water Connection Charge (Presently $250 per ERC) Wastewater Connection Charge (Presently $750 per ERC) (b) Customer Connection Charge (Tap-in) - Water Customer Connection Charge (Tap-in) - Wastewater (c) Main Extension Charge - Water Main Extension Charge - Wastewater (d) Fire Protection Capacity Charge (e) Meter Installation Charge (f) Plan Review Charge (g) Inspection Charge • Upon execution of this Agreement, in order to reserve capacity in the Utility' s water and sewer system, the CDD hereby agrees to pay to Utility the sum of Two Million Dollars ($2 , 000 , 000 . 00) for the reservation of 2000 ERC's (2000 ERC's water @ $250 per ERC and 2000 ERC' s sewer at $750 per ERC) . As set forth elsewhere herein, any of the other .charges above which are applicable will be assessed in supplemental agreements as the specific requirements of each individual development is determined. 12 . Resale of Reserved Capacity. CDD shall be entitled to sell reserved capacity within the project, at the same price charged by the Utility, at any time in connection with the bona fide sale or assignment of all or any portion of its real property within the project. The CDD shall not be entitled to sell capacity outside of the project. In any event, CDD has unused capacity at any time of conclusion of its on-site construction program, CDD may return such capacity to the Utility, at no cost to the Utility. Utility may then resale such capacity to third parties outside of the project area, and will then reimburse CDD for its payment for • such capacity. In the event the CDD returns said unused capacity the Utility agrees to sell such capacity first. Notwithstanding the foregoing provisions after seven (7) years from the date of this Agreement , Utility may buy back any unused capacity at the • rate paid originally by the CDD. 13 . Utilization of Unused Capacity. The Utility shall be entitled to utilize capacity in the Fleming Island Regional Wastewater Plant and Reuse Facility and the companion water facility for delivery of service to others, notwithstanding the 8 fact that 2000 ERC' s have hereby been reserved by the CDD for its • own use, provided, however, that the Utility hereby guarantees the_ CDD that it will complete the stages of designing and permitting future phase expansion of its utility facilities at such time as 60% of the water and wastewater plant capacity is being utilized by on-line customers and further, the Utility hereby covenants that at such time as 75% of the plant capacity hereby reserved islactually utilized by on-line customers, that it will commence construction of additional capacity , so as to insure to the' CDD an uninterrupted availability of water and wastewater ' utility connections for its Project. Nothing in this Agreement shall be so construed as to require the Utility to construct new capacity faster than otherwise provided herein , or in excess of the time required in order for Utility to honor its commitments to provide service on an as and when needed basis to CDD and others. 14 . Guaranteed Revenue. In addition to the connection charges referenced hereinabove, CDD shall pay guaranteed revenues on reserved unused water and wastewater connections at the rate of $16 . 00 per water ERC and $42 . 50 per wastewater ERC per annum, respectively. Such guaranteed revenue charges shall be paid on a semi-annual basis in advance. As guaranteed revenue connections are replaced by on-line service customers, the guaranteed revenue obligations shall be reduced proportionately, with appropriate credit given for overpayment, if any. Guaranteed revenue shall be paid in phases, with 100% payment for the first 500 ERC' s reserved, 75% for the second 500 ERC's reserved 50% payment for third 500 ERC's reserved and 25% payment for the fourth 500 ERC's reserved or any portion thereof. As customers are added, and guaranteed revenue ERC's turn to actual on-line customers within the Project, the guaranteed revenue obligations shall be reduced • proportionately, but according to the same formula stated herein, reducing the fourth 500 ERC's first, the third 500 ERC' s second, the second ERC's third and the first 500 ERC's fourth. By way of example of the operation of the Guaranteed Revenue Formula referenced in the paragraph above, the equation for computing annual guaranteed revenue , assuming no connections are added to the system for the first year, would be as follows : 500 x $58 . 50 x 100% $29 , 250. 00 500 x $58 . 50 x 75% $21, 937 . 50 500 x $58 . 50 x 50% $14 , 625. 00 500 x $58 . 50 x 25% $ 7 , 312 . 50 Total .$73 , 125 . 00 A further example of computation of such guaranteed revenue is attached hereto as Exhibit !'13" . 9 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 CDD making payment of same. Except as specifically stated, Utility shall not be obligated to refund to CDD 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 CDD nor any person or other entity holding any of thelProperty by, through or under CDD, or otherwise, shall have any present or future right, title, claim or interest in and to the charges paid or to any of the water or wastewater facilities and properties of the County and Utility, and all prohibitions applicable to CDD with respect to no refund of such charges , no interest payment on said charges and otherwise, are applicable to all persons or entities . 15 . Supplemental Bulk Service Agreements . This Master Bulk Service Agreement is for the primary purpose of delineating the terms of service to the entire Property . In addition, it is for the purpose of setting forth the terms of capacity reservation, billing procedures and other pertinent agreements between the parties . It is recognized by the parties that "supplemental agreements" will be necessary as developments occur for the purpose of tracking the uptake of any remaining prepaid connection charges, assessing connection charges once all prepaid connection charges are used, and for the purpose of identifying any "other" charges which may be applicable to each specific development, such as meter . installation charges , plan review charges , inspection charges , fire protection capacity charges, main extension charges , etc. Such "other" charges shall be assessed to the CDD for each individual development and will not be offset against any prepaid connection charges . Only developed lots and ERC' s for commercial development will offset against the prepaid reserved connection charges . Any user or consumer of water and wastewater services shall not be entitled to offset any bill or bills rendered by Utility for guaranteed revenues or other services against the connection charges paid . CDD shall not be entitled to offset the connection charges against any claim or claims of Utility as regards claims for breach of contract, damages, or charges of the like of Utility. The rates associated with such charges shall be in accordance with the Rate Resolution which is identified elsewhere herein as they exist at the time of such "supplemental agreement" . 16 . Billing Arranoement. CDD agrees to report to the Utility on a routine periodic basis, consistent with Utility ' s billing period, or such other timing as may be mutually agreed to by the parties , a complete listing of CDD' s billings to its customers with a recap of at least the following information : • 10 • ' (a) The number of regular full period customers billed by meter size and customer classification. (b) The number of regular full period gallons billed by meter size and by customer classification. (c) The number of new customers since the last billing date by meter size and customer classification with the average number of days the new customers were on the system prior to the billing date. (d) The number of customers who moved off of the system during the billing period by meter size and customer classification with the average number of days the move-out customers were on the system during the billing period. (e) This shall include all building water accounts which shall be metered for all water consumed during construction. (f) . Once the above information is reported by COD to Utility, the Utility will prepare its bulk rate billing to CDD based on the information, reported and will apply such information to the factored bulk rate by customer classification and meter size which is approved by the Utility from time to time. The current _bulk service rate at the time of this agreement is as shown on Exhibit "C" attached hereto. (g) The Utility shall have access to CDD's billing and meter reading records for audit at all reasonable times during normal business hours . (h) Under this method, a master meter would not initially be required. However, Utility, at all times , reserves the right to require that the master meters be installed at all points of connection to Utility's system, if, for any reason, it deems it necessary in order to bill and collect the proper amount of revenue for its bulk service. Such installation would be provided by COD at CDD's total cost and expense. ( i) All temporary water usage as well as permanent usage must be metered. Should Utility detect that unmetered water is being taken from the system and such unauthorized usage not corrected immediately then, within 30 days after written notice, the CDD shall purchase, contract for, and install master meters meeting all the requirements of the Utility at CDD' s expense . Should CDD not proceed and complete these installations within this . timeframe, Utility reserves the right to provide these meter installations with Utility's personnel or subcontract crews and backcharge the COD for such costs and if, within 30 days from invoice date, payment is not received, then it reserves the right to discontinue service after 10 days public notice, or by direct notice to the individual CDD customers . Service may be withheld 11 • ' until the charges and expense for discontinuing service are paid and the otherwise unmetered use of water is discontinued. The. quantity of any unmetered water. which may be used for emergencies or otherwise, shall be estimated and reported to Utility so that it may be invoiced. 17 . Rates . Utility agrees that the rates to be charged to CDD shall be based upon a bulk rate, which takes into consideration that the CDD will own, operate and maintain all internal lines, pumping stations , bill and collect from customers and perform other functions , at its expense, which would otherwise be incurred by Utility. The bulk rate has been calculated to equate to approximately 75 . 1% and 76 . 8% of the Utility's residential and general service water and wastewater rate, respectively. The factored rate in effect at the time of the execution hereof is as shown on Exhibit "C" attached hereto and is calculated in accordance with procedures set forth previously herein. The Utility shall bill the CDD monthly or quarterly, at Utility ' s option, and CDD shall pay Utility' s bill within thirty ( 30) days in the ordinary course of business. Failure to pay shall entitle the Utility to disconnect service to the entire Project, in accordance with the standard rules and regulations of the Utility. Notwithstanding any provisions of this Agreement , Utility may establish , amend, or revise rates, 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. The bulk rate discount factor does not apply to the "Reclaimed . Water Rate" or the "Service Availability Charges" called for in Utility' s Rate Resolution. It is agreed by and between the parties hereto that any increase in water, wastewater or reuse rate to the Project will not be increased by any greater percentage than in any general utility rate increase of the utility system which might occur during the life of this Agreement unless a rate study is conducted by Utility utilizing personnel with expertise in this area and the results of such study reflect that the Utility rate structure does not properly match the cost of operation with the rate being charged for such service for each customer classification. Upon such finding, the rate structure may be adjusted to correct any such inequities. 18 . Potential Cost Sharing on Operation of Utility's Waste- Water Pump Stations . The basic premise in establishing the Bulk Service Rate was to identify and eliminate the costs from Utility's rates for those functions which will be performed by the CDD. These calculations assumed that all wastewater pumping station cost and expenses would be provided by the CDD. There are existing and potential future situations where the CDD will connect to existing or future gravity sewer wastewater stubs which will 12 convey a portion of the CDD's wastewater flows to pumping stations being operated by Utility outside of the CDD Property . In reverse, the exact opposite situation can occur. In such situations , the party hereto whop provides the pumping service will calculate and the other party will pay a back charge for its fair and equitable share of other party' s costs of operating such pumping station facilities . 19 . Fire Protection Improvements . At the date of this Agreement, it is recognized that the Utility' s fire flow capability may not be adequate for the proposed commercial development to be located at the northwest corner of U. S . Highway 17 and County Road 220 . To correct this potential inadequacy of capacity, the Utility is currently in the process of releasing the first phase of the Pace Island Water Treatment Plant contract for construction. The Utility commits to expedite this construction to place this plant in service no later than May 1994 , subject to any conditions beyond its control . Utility will use its best effort to meet this deadline . 20 . Quality of Wastewater. No substance other than domestic wastewater will be placed into the wastewater system and delivered to the lines of the Utility. The CDD shall be required to install grease traps for all non-residential uses between all domestic wastewater facilities and kitchen facilities and sand traps if floor drains are connected to the Utility' s sanitary wastewater collection and 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 or materials .which contain any hazardous, flammable, toxic and/or industrial constituents , including heavy metals, be directly delivered by CDD customers to the lines of the Utility, CDD will be responsible for payment of the costs and expense required in correcting or repairing any resulting damage to the wastewater system or property of third parties . In the event Utility determines that the Property to be served poses a threat of introducing such hazardous, and harmful 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 reuse standards as an irrigation supply source, the Utility has the right, in its reasonable discretion, to decline or discontinue service to such property or customers 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 customers . 21 . Effluent Disposal Obligation . As further consideration for this Agreement, Utility requires CDD to take back treated effluent for disposal , pursuant to the terms and conditions set 13 . forth in the Effluent Reuse Agreement attached hereto as Exhibit "D" and incorporated herein by reference . CDD shall pay for the effluent transfer line, controls and appurtenant facilities from the Fleming Island Regional Wastewater Pump Station to the holding ponds within the project into which effluent shall be discharged. Upon completion of the construction of such line, same will be transferred to the County for use by the Utility according to normal incidents of conveyance, including easements , bills of sale, and bonding requirements of the Utility. CDD shall be responsible for filing for the Florida Department of Environmental Protection Permit which is necessary in order to allow spray irrigation of reuse wastewater on the golf course, public areas and residential areas . Utility will cooperate with CDD in securing that permit. If the Utility or the County is required by law to be the permit applicant, due to its position as owner of the wastewater treatment facility, it is understood and agreed that all of the responsibilities associated with that permit beyond the responsibility to deliver reuse wastewater from the Fleming Island Regional Wastewater Treatment Plant meeting all the requirements for reuse of the wastewater for the purposes described herein shall be that of the CDD. The CDD agrees to assume those responsibilities as they exist today and such other responsibilities as may be- required in the future by the various regulatory agencies. The parties hereto agree to enter into a separate agreement for the purpose of delineating those responsibilities should either party to this Agreement desire to do so. 22 . Service to Adjacent School and Soccer Fields . The Utility shall- be entitled to tap, at its expense, the water, wastewater, and reuse lines of the CDD for water, wastewater and reuse service to the school and soccer fields adjacent to the Project. At the time of the construction of such tap, if the service main being tapped is master metered, the Utility and the CDD shall enter into a submetering agreement by which the Utility shall pay the CDD for water and wastewater services which the Utility shall utilize in order to provide service to the School and adjacent Soccer Field. Otherwise, these customers will pay. the Utility directly for water and wastewater service and will pay the CDD for reuse services. The CDD shall provide easements to the County for the use of Utility which may be necessary to cross its property in order to provide such service to said school and soccer fields. Any permitting necessary in order to provide these services to those properties will be the responsibility and expense of those property owners . 23 . Cost of County Consultants to Negotiate Bulk Rate and Reuse Agreement. Utility agrees to front the cost of the consultant fees incurred by Clay County to negotiate these Bulk Rate and Reuse Agreements, up to a maximum of $20 , 000 . The CDD shall cause Lot 1, Block B, Neilhurst Section 1, recorded in Plat Book 2 ,. Page 45 to be conveyed to Clay County within 30 days of the 14 • • execution of this Agreement. The CDD will provide title insurance in the amount of $85, 000 and a survey and pay all costs of closing When this conveyance occurs, the County will reimburse the Utility $20, 000 . The CDD shall pay an additional $5, 000 to the Utility as additional consultant fees . 24 . Binding Effect of Agreement. This Agreement shall be binding upon arid shall inure to the benefit of CDD, Clay County and Utility and their respective assigns and successors by merger, consolidation, IIconveyance or otherwise. Any assignment or transfer by CDD shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee or transferrees shall acknowledge in writing that it assumes the duties and responsibilities of CDD as set forth in this Agreement. 25 . 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 CDD, shall be mailed or delivered to CDD at: The Crossings at Fleming Island Community Development District c/o Gary L. Moyer, P.A. , District Manger 10300 N.W. llth Manor Coral Springs, FL 33065 With a copy to East West Partners of Jacksonville, Inc. 5000 U. S. Highway 17 South Orange Park, FL 32073 and if to the Utility and/or Clay County at Clay County, Florida 477 Houston Street Green Cove Springs, FL 32043 Attention: County Manager with a copy to: Clay County Clerk of the Courts 825 North Orange Avenue Green Cove Springs, FL 32043 Clay County Water and Sewer Authority 782 Foxridge Center Drive Orange Park, FL 32065 26 . 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 15 approvals which must be obtained from governmental authority, if applicable 27 . Costs and Attorney' s Fees . In the event the Utility or CDD 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 costs incurred, including reasonable attorney's fees . 28 . Force Maieure . 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. 29 . Indemnification. CDD agrees to indemnify and hold the Utility and County 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 or arising out of CDD' s perfoLniance of this Agreement . This indemnification provision shall survive the actual connection to Utility' s wastewater and water distribution system. MISCELLANEOUS PROVISIONS 30. The rights, privileges, obligations and covenants of CDD, the County and Utility shall survive the completion for the work of CDD with respect to completing the facilities and services to any development phase and to the Property as a whole . 31. This Agreement supersedes all previous agreements or representations , either verbal or written, heretofore in effect among County, CDD and Utility, made with respect to the matters herein contained, and when duly executed constitutes the Agreement among the County, CDD 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 any party, unless such additions, alterations , variations or waivers are expressed in • writing and duly signed . 32 . 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 other. 16 33 . 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. 34 . The submission of this Bulk Service Agreement for examination by CDD does not constitute an offer but becomes effective only upon execution thereof by Utility and the County. 35 . 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 pr conditions, nor shall any waiver of relinquishment of any right or power hereunder at any one time or times be deemed a waiver of relinquishment of such right or power at any other time or times . 36 . It is agreed by and between the parties hereto that all words , terms and conditions herein contained are to be read in concert, each with the other, and that the a provision contained under one heading may be considered to be equally applicable under another heading in the interpretation of this Agreement. 37 . CDD agrees to advance the time of construction of the improvements to 'C.R. 220 by one year to November, 1994 . In the event the CDD does not advance the time of construction by one year, the County has the option to void this Agreement by giving the CDD 30 days notice in writing. 38 . The County shall have the option to require the CDD to advance the sum of $75, 000 to purchase a ladder truck in lieu of requiring the CDD to provide a pumper truck to be located on the District property. In the event the Utility exercises this election, the Utility agrees to provide a pumper truck on the District property consistent with the terms of the original Development Order. 39 . The CDD and the Utility agree that Clay County shall not be responsible for the performance of these obligations of the Utility provided herein, and the CDD holds Clay County harmless therefore . The joinder in this Agreement by Clay County is simply by reason of its ownership of the facilities operated by the Utility, and Clay County' s obligations hereunder shall be construed in that limited light and to gain the benefit of certain promises of the CDD. IN WITNESS WHEREOF, the County, CDD and Utility have executed or have caused this Agreement, with the named Exhibits attached, to • 17 be duly executed in several counterparts, each of which counterpatt, shall be considered an original executed copy of this Agreement. CDD THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a non-profit corporation and ATTEST: Chapter 190, Florida Statutes, 1 Community Development District, by its Board of Supe isors By: • / 1447tLZ et ; W. O. Cannon, Its Chairman CLAY COUNTY, a political subdivision of the State of Florida, by its BOARD OF COUNTY COMMISSIONERS Attest: By: ,Wit44-71) John Keene, Its Clerk Dale S. Wilson, Its Chairman ‘:k A CERTMED COPY: 41/4- :;."••.,\4„ JOHN KEENE T2 )* CLAY COUNTY WATER AND CLERK OF THE muff COURT •tt e . SEWER AUTHORITY, e ? CLAY COUNT5, (-MIA .0,4. •.. . a Dependent Special District DATE: 41.7X.279,31 of Clay County, Florida, by its Board of Supervisors MG Attest: By: Jo Keene, Its Clerk G R. AGR S , ts Chairman STATE OF FLORIDA COUNTY OF CLAY The tegoing ins ument was acknowledged before me this r day of 4oer, 199 , by W. 0. Cannon, Chairman, Board of Supervisors of The Cr ssings at Fleming Island Community 18 . . Development District, on its behalf and with its authority, and who is personally known to me and who di not take any oath. NOTARY PUBLIC State of Florida at Large I . My Commission EISPiliPaPfLOUSOS Notary Public, State of Florida My comm. expires Feb. 23, 1996 STATE OF FLORIDA Comm. No. CC 182002 COUNTY OF CLAY Bonded thru Patterson-Becht Agency The foregoing instrument was acknowledged before me thisd6 --1 day of October, 1993 , by Dale S. Wilson, Chairman, Board of County Commissioners, Clay County, Florida, on its behalf and with its authority, and, who is personally known to me and who did not take any oath. OdiLuiL c- -Ocaeib NOTARY PUBLIC State of Florida at Large My Commission Expires: 4.47 ik PIAN1 P.W41014 ...: .I‘ :. MY ComvatgojNi c STATE OF FLORIDA •-y-'1.2% goulemb* 10;I* _ COUNTY OF CLAY ,if- MOP WO 1110Y 01.*0491.0446;a& The f o.i,J19_ instrument was acknowledged before me this _N..,. day of 4- , u1t93 , by Gerald R. Agresti, Chairman, Clay County Water and Sewer Authority, on its behalf and with its authority, and, who is personally known to me and who did not take any oath. ta,11., -6) tOoktP0A__ NOTARY PUBLIC State of Florida at Large . My Commission Expires : ,......, COSIM ) kr( NW P.WALKER ='••• ••• •• ILSON 0 CC n0335 MIRES - : • - . • yr:-..”..• simantif 15.106 ."4.4%.:.V 1080,0 TON IVY MN 00,141Apia.IPC. 19 • , . EXHIBIT "A" RECAP MAP MAP OF COMMUNITY DEVELOPMENT DISTRICT PROPERTY 1 . _ ---.......„. ''•-•••-.,..k • • . . ; .., „, .... ,......t......\s, . I .• .... ........1 1 .... PARCEL A CU .1...3.1. ).4.....(tv•.1 1- i 1 1 i .. ... i i .. . . . 1 , : PARCEL A (2) I - 1.....it. FN..° i •,...i.,..1 . t , . ..\ .. \ . sw,1,...3•,, IP ARCEL.-\3-..,\V. 1 I II*. II • It Ili / ir 44% r ir • o f S• ;-i i r5t•-• . Ote 4 4.: ...1 ,• , ,..k, ....1) ' '•• ;L----L7 PARCE.t. I .... • i I 1 I • %.,......-----...._74:1 PARCZL1 C C f 1 haw. 11. ,•••••••••.-•\ W.1 .... .. $&...01.14.1),, \ I I ‘ I ..- -1-1 PARCEL E .. ... --1" 1 • PARCZL. L 71 _1.. ,._ ..1. (1 PARCcL-F —...._, •• . 3.. /*----/7.\\S i • . . ve• -, s-N\. .Nc: i .- f:;3 i PARCEL 0 r\ • • . .1 . ....—,•• - . • ''.. .' ••• 1 1 1--....7,. :,*, .••'. i . .. .••• -- - .-• .-,! -: :. . I PARCZL X 1 1 • ) .....•:1:::•:";. 5.•••.•.1- • _.. .... .. •:\ \7-1....."::.;::.....7:::7.71. _ .... •.., .., • 1 . I . Page 1 of 39 C.D.D. PROPERTY NORTH OF COUNTY ROAD 220 & WEST OF U.S. 17 EAGLE4S HARBOR GOLF COURSE TRACT NO. 1 : 42 . 2 ACRES GOLF COURSE TRACT NO. 2 ( LESS FIRE STATION ) : 513 . 34 ACRES GOLF COURSE TRACT NO. 3 ( LESS BOAT RAMP) : 9 . 3 ACRES EAGLE' S NEST (LESS SCHOOL) : 567 . 78 ACRES OAK CREEK PARCEL: - 4 . 06 ACRES TOTAL 1136 . 68 ACRES • . , I., • f 111'11 I) Page 2 of 39 •••. .....v.• THO.A.11 C. WL/L1.111 •••. aaaaa rim 1 McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-18947-R 1241 HIGHWAY 17 • ORANGE PARK. FLORIDA 32072 , PHONES (904) 264,9011 (90.4.1 264.0161 Hay 22, 1989 (D.R. I. Parcel No. A-1) • , (Tract No. 1) DESCRIPTION FOR: CHAMPION REALTY CORPORATION • A parcel of land situated in Section 31, Township 4 South, Range 26 East, Clay County, Florida; said paIrcel being more particularly described as follows: Commence at the Southeast corner of said Section 31 (also being the Southwest corner of Section 32, Township 4 South, Range 26 East) ; thence on the East line of said Section 31 (also being West line of said Section 32) run North 00 degrees 07 minutes 28 • seconds East 70.00 feet to the Northerly line of County Road No. C-220; thence on last said line run the following four courses: 1) South 89 degrees 57 minutes 02 seconds West. 419 .11 feet; 2) South 89 degrees 27 minutes 02 seconds West 30.95 feet; 3) South 00 degrees 32 minutes 58 seconds East 20.00 feet; 4 ) South 89 degrees 27 minutes 02 seconds West 866.40 feet to the West line • of the East one-half of the Southeast one-quarter of said Section . . • 31; thence on last said line North 00 degrees 07 minutes 04 • seconds West 2598.03 feet to the South line of the North one-half • of said Section 31; thence on last said line South 89 degrees 48 minutes 43 seconds West 2519 . 75 feet to the West line of West . Lakeshore Drive ( formerly Parkgate Drive) and the Point of Beginning; thence on last said line North 13 degrees 06 minutes • 16 seconds West 311.98 feet to the Southerly line of -Canterbury Drive; thence on last said line run the following six courses: 1) South 89 degrees 53 minutes 44 seconds West 124.77 feet; 2) on the arc of a curve concave to the Southeasterly and having a radius of 151 . 68 feet, a chord distance of 193. 77 feet, the bearing of said chord being South 50 degrees 11 minutes 47 seconds West; 3) South 10 degrees 29 minutes 29 seconds West 19.35 feet; 4 ) on the arc of a curve concave to the Northwesterly and having a radius of 1200 . 00 feet, a chord distance of 279.99 feet, the bearing ot-last said chord being South 17 degrees 11 minuLes 48 seco. 3s Wc -t; 5) on the arc of a curve concave to the Northwesterly and having a radius of 435 . 00 feet, a chord distance of 130. 00 feet, the bearing of last said chord being • . Page 3 of 39 South 32 degrees 29 minutes 24 seconds West; 6 ) on the arc of curve concave to the Northwesterly and having a radius of 1066.00 feet, a chord distance of 370. 33 feet to the East line of Lake Shore Boulevard, the bearing of last said chord being South Si degrees 05 minutes 12 seconds West; thence on last said line South 07 degrees 21 minutes 40 seconds East 72 . 59 feet; thence South 82 degrees 38 minutes 20 seconds West 80. 00 feet to the • West line of Lake Shore Boulevard; thence on last said line North 07 degrees 21 minutes 40 seconds West 30 feet, more or less, to the waters of Mainard Branch; thence along said waters in a general Westerly direction 640 feet, more or less, to the waters of Doctors Lake; thence along last said waters in a general Southwesterly direction 980 feet, more or less to the Southerly line of Government Lot 3, of said Section 31 (also being the Northerly line of lands described in Official Records Book 840, page 116 of public records of said County) ; thence on last said line South 89 degrees 07 minutes 59 seconds East 1950 feet, more or less, to a concrete monument at the Southeast corner of said Government Lot 3; thence continue on the Northerly line of lands described in said Official Records Book 840, page 118, South 88 degrees 53 minutes 48 seconds East 302 . 35 feet to a concrete monument on said Westerly line of West Lakeshore Drive; thence on . . last said line run the following three courses: 1) North 04 degrees 12 minutes 16 seconds West 336.74 feet; 2) on the arc of a curve concave to the Southwesterly and having a radius of 6391.78 feet, a chord distance of 991 . 88 feet, the bearing of last said chord being North 08 degrees 39 minutes 16 seconds West; 3) North 13 degrees 06 minutes 16 seconds West 25 .73 feet to the Point of Beginning, being 42. 2 acres, more or less, in area. Tract No. 1 -Page 2- . I:1 �� EXHIBIT "A"(B1 .:•'D .. .iL.., Page 4 of 39 ' '" T..O.r A■ C. %W I McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. - 1240 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 J-20093-R rHONCS 19041 264.9011 (004) 264-8151 June 21, 1990 • (Golf Course Tract No. 2 Less Fire Station) DESCRIPTION FOR: CHAMPION REALTY CORPORATION 1 1 A parcel of land situated in Sections 29, 30, 31, and 32, Township 4 South, Range 26 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 32 ; thence on the West line thereof run North 00 degrees 07 minutes 28 seconds East 70.00 feet to the Northerly line of County Road No. C-220 and the Point of Beginning; thence on last said line run the following three courses: 1) North 89 degrees 57 minutes 02 seconds East 50 . 63 feet; 2 ) South 00 degrees 02 minutes 58 • seconds East 20.00 feet; 3 ) North 89 degrees 57 minutes 02 seconds East 512 . 52 feet to the West line of East Lakeshore Drive; thence on last said line run the following two course: 1) North 00 degrees 25 minutes 02 seconds East 3971. 70 feet; 2) North 00 degrees 30 minutes 22 seconds East 3053 .80 feet to the South line of Lakeshore Drive; thence on last said line run the following four courses : 1) North 89 degrees 37 minutes 15 seconds West 417 . 86 feet; 2 ) North 00 degrees 22 minutes 45 seconds East 20. 00 feet; 3 ) North 89 degrees 37 minutes 15 seconds West 1231. 36 feet; 4 ) on the arc of a curve concave to the Southerly and having a radius of 1799 . 71 feet; a chord distance of 113 . 61 feet to the Westerly line of Block 5 , Neilhurst Section 3 , according to Plat Book 2, page 48 of the public records of said County, the bearing of said chord being South 88 degrees 34 minutes 14 seconds West; thence on last said line and on the arc of a curve concave to the Northeasterly and baying a radius of 1825.00 feet4 run a chord distance of 726 .58 feet to a Northeasterly prolongation of the Northerly line of Block 10 , said Neilhurst Section 3, the bearing of last said chord being South 12 degrees 28 minutes 20 seconds East; thence if Co Page 5 of 39 Golf Course Tract No. Leas Fire Station Page 2 on said prolongation and then on said Northerly line South 66 degrees 47 minutes 59 seconds West 275 .03 feet to the Easterly line of Lot 126, said Block 10; thence on last said line South • 25 degrees 24 minutes 11 seconds East 112 . 02 feet to the Northeasterly corner of Lot 127, said Block 10; thence on the ;Easterly line thereof South 27 degrees 56 minutes 03 seconds East 72. 88 feet to the Northeasterly corner of Lot 128, said Block 10; thence on the Easterly line thereof South 29 degrees 47 minutes 50 seconds East 63 . 77 feet to the Southeasterly corner of said Lot 128; thence on the Southerly line thereof South 59 degrees 19 minutes 57 seconds West 205.09 feet to the Southwesterly line of said Block 10 ; thence on last said line and then on a Southeasterly prolongation thereof and on the arc of a curve concave to the Northeasterly and having a radius of 2305 .00 feet, run a chord distance of 600.47 feet to the most Westerly corner of Block 16, said Neilhurst Section 3, the bearing of last said chord being South 38 degrees 07 minutes 39 seconds East; thence South 45 degrees 22 minutes 52 seconds West 550.07 feet to the most Northerly corner of Block 14, said Neilhurst Section 3; thence on the Southwesterly line of an unnamed road according to said Plat Book 2 , page 48, and on the arc of a curve concave to the Northeasterly and having a radius of 2855 .00 feet, run a chord distance of 768. 48 feet, the bearing of last said chord being North 37 degrees 41 minutes 09 seconds West; thence on the Northerly line of Block 1, said Neilhurst Section -3 , . run the following two courses: 1) on the arc of a curve concave to the Southwesterly and having a radius of 410 . 00 feet, a chord distance of 436 .62 feet, the bearing of last said chord being North 62 degrees 07 minutes 26 seconds West; 2 ) on the arc of curve concave to the Northerly and having a radius of 524 . 99 feet; a chord distance of 36.14 feet to the East line of Lot 336, said Block 1 , the bearing of last said chord being South 87 degrees 41 minutes 06 seconds West; thence on last said line J-20093-R . Golf Course Tract No. 2 Less Fire Station Page 6 of 39 Page 3 South 00 degrees 14 minutes 34 seconds East 249. 88 feet to the South line of said Lot 336; thence on last said line and then on the South line of Lots 335, 334 , and 333 of said Block 1, South 89 degrees 02 minutes 59 seconds West 404. 04 feet to the East • line of the East one-half of the East three-quarters of the East one-half of Government Lot 3 of said Section 30; thence on last said line South 00 degrees 14 minutes 34 seconds East 300.22 feet t to the South line of said Section 30; thence on last said line South 89 degrees 01 minutes 09 seconds West 247. 50 feet to the West line of said East one-half of the East three-quarters of the East one-half of Government Lot 3 ; thence on last said line run the following two courses : 1 ) North 00 degrees 16 minutes 03 seconds West 932.14 feet; 2 ) North 00 degrees 11 minutes 44 • seconds West 336.88 feet to the South line of Lakeshore Drive; thence on last said line run the following two courses: 1) South 79 degrees 54 minutes 14 seconds West 1292.35 feet; 2) on the arc ' of a curve concave to the Southeasterly and having a radius of 1740.10 feet, a chord distance of 145.97 feet to a Northwesterly prolongation of the Westerly line of Lot 3, Block "L", Neilhurst • Section 1, according to Plat Book 2 , page 45 of said public records, the bearing of last said chord being South 77 degrees 30 minutes 00 seconds West; thence on said prolongation and then on said Westerly line South 18 degrees 40 minutes 12 seconds East 825.10 feet to the Southwest corner of said Lot 3; thence on the Southerly, Southeasterly, and Easterly lines of Lots 4 through 16 inclusive, said Block "L" , run the following five courses: 1) South 76 degrees 26 minutes 51 seconds West 180.00 feet; 2) South 47 degrees 43 minutes 50 seconds West 220.00 feet; 3 ) Sou_th 28 degrees 31 ihinutes 51 seconds West 225.00 feet; 4) South 09 degrees 22 minutes 43 seconds West 110.00 feet; 5 ) South 04 degrees 43 minutes 36 seconds West 100.00 feet to the North line of Lot 18, said Block "L"; thence on last said line and then on an Easterly prolongation thereof North 89 degrees 56 minutes 50 Golf Course Tract No. 2 Less Fire Station Page 7 of 39 . . • Page 4 seconds East. 259 . 51 feet to the Easterly line of Parkgate Drive; thence on last said 14ne and then on the Easterly line of West Lakeshore Drive ( formerly Parkgate Drive) run the following four courses; 1) on the arc of a curve concave to the Easterly and having a radius of 319. 48 feet, a chord distance of 17. 30 feet, title bearing of last said chord being South 00 degrees 51 minutes 12 seconds East; 2) South 02 degrees 24 minutes 16 seconds East 304.45 feet; 3) on the arc of a curve concave to the Easterly and having a radius of 1562.97 feet, a chord distance of 291. 45 feet; the bearing of last said chord being South 07 degrees 45 minutes 15 seconds East; 4 ) South 13 degrees 06 minutes 16 seconds East 754 . 90 feet to the Northerly line Lot 9 , Block " (:)" , said • Nei lhurs t Section 1; thence on last line North 76 degrees 53 minutes 44 seconds East 200.00 feet to the Easterly line of said Lot 9; thence on last said line South 13 degrees 06 minutes 16 seconds East 80.00 feet to the Southerly line of said Lot 9 ; thence on last said line South 76 degrees 53 minutes 44 seconds west 200 . 00 feet to the Easterly line of said West Lakeshore Drive; thence on last said line South 13 degrees 06 minutes 16 seconds East 955.49 feet to the South line of the North one-half of said Section 31; thenCe on last said line North 89 degrees 48 minutes 43 seconds East 2452.04 feet to the West line of the East one-half of the Southeast one-quarter of said Section 31; thence on last said line South 00 degrees 07 minutes 04 seconds East . 2083. 16 feet; thence North 89 degrees 27 minutes 02 seconds East 210.00 feet; thence South 00 degrees 07 minutes 04 seconds East 414 . 87 feet; thence South 89 degrees 27 minutes 02 seconds West 210.00 feet to last said West line; thence along said West line, South 00 degrees 07 minutes 04 seconds East, 100.00 feet to the Northerly line of County Road No. C-220; thence on last said line run the following four courses: 1) North 89 aegrees 27 minutes 02 seconds East 866.40 feet; 2) North 00 degrees 32 minutes 58 seconds West 20. 00 feet; 3 ) North 89 degrees 27 minutes 02 • . . • . Golf Course Tract No. 2 Less Fire Station Page 8 of 39 . , . •• • I Page 5 seconds East 30 . 95 feet; 4 ) North 69 degrees 57 minutes 02 secopds East 419.11 feet r.o the Point of Beginning, being 513 . 34 acres, more or less, in area. ., • • • • . . • • • • i EXHIBIT "A" J Page 9 of 39 t"GY.• "V`L• ... McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-20093-R 4 1246 HIGHWAY 17 • ORANGE rARK. FLORIDA 32073 rHONES (p04) 264.9811 (904) 204.8131 June 21, 1990 (Golf Course Tract No. 3 Less Boat Ramp Parcel) DESCRIPTION FOR: CHAMPION REALTY CORPORATION t ' A parcel of land situated in Sections 29 and 30, Township 4 South, Range 26 East, Clay County, Florida; said parcel being • • more particularly described as follows: Commence at the Southwest corner of Section 32, Township 4 South, Range 26 East; thence on the West line thereof run North 00 degrees 07 minutes 28 seconds East 70.00 feet to the Northerly line of County Road No. C-220; thence on last said line run the following three courses: ( 1 ) North 89 degrees 57 minutes 02 seconds East 50 . 63 feet; ( 2 ) South 00 degrees 02 minutes 58 seconds East 20.00 feet; ( 3 ) North 89 degrees 57 minutes 02 seconds East 512 . 52 feet to the West line of East Lakeshore • • Drive; thence on last said line run the following four courses : • (1 ) North 00 degrees 25 minutes 02 seconds East 3971.70 feet; (2) North 00 degrees 30 minutes 22 seconds East 3053.80 feet; ( 3 ) • South 89 degrees 37 minutes 15 seconds East 12. 32 feet; (4 ) North 00 degrees 22 minutes 05 seconds East 100. 00 feet to the intersection of said West line of East Lakeshore Drive with the North line of Lakeshore Drive; thence on last said line North 89 degrees 37 minutes 15 seconds West 441. 84 feet to the Point of Beginning; thence continue on said North line the following two • courses: (1) North 89 degrees 37 minutes 15 seconds West 1219.68 feet; (2 ) on the arc of a curve concave to the Southerly and having a radius of 1879 . 71 feet, a chord distance of 100.57 feet to the East line of lands described in Official Records Book 251, page 368, of the public records of said County, the bearing of said chord being South 88 degrees 50 minutes 46 seconds West; thence on said East line North 00 degrees 23 minutes 23 seconds East 307 feet, more or less, to the waters of Doctors Lake; thence along said waters in a general Easterly direction 1400 feet, more or less, to a point which bears North 00 degrees 22 minutes 45 seconds East 368 feet, more or less, from the Point of Beginning; thence South 00 degrees 22 minutes 45 seconds West 368 feet , more o less, to the Point of Beginning, being 9 . 3 acres, more or less, in area. LAC31 L J.• (11E r) • Page 10 of 39 ...a° T. •il�Mp • TMOMP• C. MUlll• McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-20093-R 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 June 21, 1990 PHONES (004) 264.0611 (004) 264-6151 (Eagle's Nest Less School Site) DESCRLPrION FOR: CHAMPION CICALA'? CORPORATION I ' A part of Sections 32 and 33, Township 4 South, Range 26 East, Clay County, Florida; being more particularly described as follows: Begin at the Northeast corner of said Section 32; thence South 00 degrees 26 minutes 27 seconds East along the dividing line between said Sections 32 and 33, a distance of 4 ,088. 66 feet; thence North 89 degrees 38 minutes 28 seconds East 2, 055. 90 feet to the Westerly Right-of-Way line of U.S. Highway No. 17 (State Road No. 15) , said point being on a curve , said curve being concave Easterly and having a radius of 23, 050. 31 feet; thence Southerly along the said Westerly Right-of-Way line of U.S. Highway No. 17 along and around said curve, an arc distance of 451.30 feet to the Point of Tangency of said curve, said arc being subtended by a chord bearing and distance of South 03 degrees 36 minutes 08 seconds West 451. 30 feet; thence continue along said Westerly Right-of-Way line South 03 degrees 02 minutes 29 seconds West 749.54 feet to the point of a curve to the right, said curve being concave Northwesterly and having a radius of • 75.00 feet; thence Southwesterly along and around said curve an arc distance of 113. 31 feet to the Point of Tangency of said • curve, said point being on the Northerly Right-of-Way line of County Road No. C-220, the aforementioned arc being subtended by a chord bearing and distance of South 46 degrees 19 minutes 17 seconds West 102.83 feet; thence along the Northerly Right-of-Way line of County Road No. C-220, the following two ( 2 ) courses and distances : ( 1 ) South 89 degrees 36 minutes 48 seconds West 3, 305.47 feet; (2) South 89 degrees 57 minutes 02 seconds West 3 , 374 . 31 feet to the Easterly Right-of-Way line of Lakeshore Drive according to Official Records Book 1239, pages 236 thru • 238, of the public records of said County; thence on last said line North 00 degrees 25 minutes 02 seconds East 3,728 . 19 feet; thence North 89 degrees 50 minutes 40 seconds East 1976.31 feet to the East line of the Northwest 1/4 of said Section 32; thence on last said line North 00 degrees 06 minutes 34 -seconds West 1,627.31 feet to the North line c said Section 32; thence along last said line North 89 degrees 47 minutes 24 seconds East 2,734.55 feet to the Point of Beginning, containing 567.78 acres , more or less. * LJ •m , . . . , • ' Page 11 of 39 .....•oLo T. E&L•AO Y HOW A C. •••1J1.1.111 • McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 PHONES (904) 26.440811 (G04) 2641.8151 J-21178-R DESCRIPTION FOR REYNOLDS, SMITH AND HILLS A PARCEL OF LAND SITUATED IN SECTION 33 , TOWNSHIP 4 SOUTH, RANGE 2G EAST, CLAY COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 33 ; THENCE ON THE WEST LINE THEREOF RUN SOUTH 00 DEGREES 38 MINUTES 00 SECONDS EAST 4088.76 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 07 SECONDS EAST 1838 .83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DECREES 27 MINUTES 07 SECONDS EAST 217 .32 FEET TO THE WEST LINE OF STATE ROAD NO. 15 (U.S. HIGHWAY NO. 17 ) ; THENCE ON LAST SAID LINE RUN THE FOLLOWING TWO COURSES: 1 ) ON THE ARC OF A CURVE CONCAVE* TO THE EASTERLY AND HAVING A RADIUS OF 23050. 31 FEET, A CHORD DISTANCE OF 410.77 FEET, THE BEARING OF SAID CHORD BEING NORTH 04 DECREES 31 MINUTES 03 SECONDS EAST; 2) ON THE ARC OF A CURVE CONCAVE TO THE WESTERLY AND HAVING A RADIUS OF 22786.31 FEET, A CHORD DISTANCE OF 186.65 FEET, THE BEARING OF LAST SAID • CHORD BEING NORTH 04 DEGREES 47 MINUTES 36 SECONDS EAST; THENCE NORTH 40 DEGREES 18 MINUTES 07 SECONDS WEST 80.85 FEET; THENCE NORTH 62 DEGREES 56 MINUTES 33 SECONDS WEST 38.83 FEET; THENCE NORTH 68 DECREES 46 MINUTES 53 SECONDS WEST 45 .68 FEET; THENCE NORTH 75 DECREES 57 MINUTES 25 SECONDS WEST 47 . 12 FEET; THENCE NORTH 24 DEGREES 18 MINUTES 02 SECONDS WEST 14 . 94 FEET; THENCE SOUTH 41 DEGREES 30 MINUTES 00 SECONDS WEST 9 . 79 FEET; THENCE SOUTH 08 DEGREES 14 MINUTES 41 SECONDS WEST 31 .41 FEET; THENCE SOUTH 01 DEGREE 14 MINUTES 40 SECONDS WEST 58. 19 FEET; THENCE SOUTH 86 DECREES 40 MINUTES 48 SECONDS EAST 14.06 FEET; THENCE SOUTH 11 DEGREES 18 MINUTES 47 SECONDS WEST 69 . 15 FEET; THENCE SOUTH 05 DEGREES 24 MINUTES 25 SECONDS WEST 66 .41 FEET; THENCE SOUTH 28 DEGREES 35 MINUTES 47 SECONDS WEST 81 .93 FEET; THENCE SOUTH 62 DEGREES 45 MINUTES 17 SECONDS WEST 50.22 FEET; THENCE NORTH 67 DECREES 26 MINUTES 44 SECONDS WEST 41 .40 FEET; THENCE SOUTH 75 DEGREES 17 MINUTES 40 SECONDS WEST 39.59 FEET; THENCE SOUTH 19 DECREES 03 MINUTES 37 SECONDS WEST 67 .68 FEET; THENCE SOUTH 45 DEGREES 05 MINUTES 41 SECONDS WEST 41 .01 FEET; THENCE SOUTH 34 • DEGREES..07 MINUTES 16 SECONDS EAST 60.47 FEET; THENCE SOUTH 12 DEGREES 49 MINUTES 03 SECONDS- EAST 49.24 FEET; THENCE SOUTH 39 DECREES 05 MINUTES 26 SECONDS EAST 1E1 .80 FEET; THENCE SOUTH 05 DEGREES 27 MINUTES 07 SECONDS WEST 40. 56 FEET; THENCE SOUTH 08 DECREES 34 MINUTES 19 SECONDS EAST 24 .70 FEET; THENCE SOUTH 28 DEGREES 46 MINUTES 20 SECONDS EAST 63 .31 FEET TO THE POINT OF BEGINNING, BEING 4 .06 ACRES, MORE OR LESS, IN AREA. • • . , ' .., • - . -• • ... , . . ... • . , ..\.c: . . ' POINT Of COMMENCEJIENT , (NW COR. SEC. 33) • i . , I I C., I OEW"Ai''S°1‘ \r"--:::'7 ,...\,. c...-, AHDRICEVIT:A04C.E.,°Foc7LIATIYBUuTlEF:15 II 11' C.7. 57 o cci .. • '-' Ex t•••• co 04— 56 ..,., 1 1-... 0 N .3 q)C) ie . i., /1------ C' 3 - 2 -c 5 I . I-4 , 6• z , t.,, . • Il 13‘' .5. 5 .... .z. .-.,-. ::,...,51 1 . ,. . :.-. 1/4-.0 1"---i • . • . • . -co LINE I DIRECTION I DISTANCE Cf) 11 N 401607r W 80.85 4 t., 0.5 0 L2 N 62'56'33' W 38.63' 06 0 , L3 N 68'4653' w 45.66' ., 1/1 , 14 N 7557'25 W 47.12' -7 L5 N 2 418.Of W 14.94' 16 S 41'30'00'W 9.29'1 -;" • 17 S 0914'41 W 31.41' • LB S 0114'40 W --,- 58.19 (..• --,-- 19 S 86'40'48' E 14.06' e 110 S 1118'47' W 69.15' 4.06 ACRES ± LO L11 S 0524'25"W 66.41' l•-•.. 112 S 2835'47 w . 81.93' 5 L13 S 62'45'17 w 50.22' L14 N 87-26.44' W OA Or (_,) CS - 115 5 7517'40' W 39.59' 116 S 1903'37 W 67.68' o I 117 S 45'05'41' W 41.01' 118 S 34'07'16' E 60.47' q 119 5 12'49'03 E 49.24' L20 5 39'05 26 E 111.80 5.. ,.......c L21 S 05-27707. W 40.56' '....) 122 S 083-4'19 E 24 70'. L23 5 28'46-'20' E 63.31: POINT OF VBECINNING • rr.---1 . N 89'27'07 E 1838.83. 217321 c---, . ... N 89'27'07 -E • CURVE 1 RADIUS I LENGTH I TANGENT L CHORD I BEARING 1 DELTA Cl 23050.31' 410.78' 205.39' 410.77' N 04'31'03. E 01'01'16' ' C2 22786.31' 186.65' 93.33' 186.65' N 04'4736 E oo-28'10' . . . . NOTE - MEP...RED 1St THIS SKETCH DOES NOT REPRESENT AN ACTUAL SURVEY. _..... licKEE, OLAND AND HULL'S LAND SURVEYORS, INC. 1244 1'901)(AI HO. 17 • ' . 01.A.4CE PARJ(..rt.rFaCiA • EXHIBIT "A" Page 13 of 39 C.D.D. PROPERTY EAST OF U. S . 17 & SOUTH OF CR220 ON WEST SIDE OF U. S . 17 DISTRICT PARCEL PARCEL "B" 12 . 31 ACRES PARCEL "C" 57 . 94 ACRES " PARCEL "D" 5 . 11 ACRES ' PARCEL "E" 57 . 13 ACRES PARCEL "F" 3 . 25 ACRES PARCEL "G" 63 . 02 ACRES/' PARCEL "I" 414 . 30 ACRES PARCEL "J " 19 . 10 ACRES PARCEL "K" 112 . 60 ACRES PARCEL "L" 687 . 30 ACRES TOTAL 1432-. 06 ACRES EXCEPTIONS : PARK 20 . 00 ACRES WILDLIFE CORRIDOR 7 . 00 ACRES • UPLAND HABITAT: AREA NO. 47 15 . 20 ACRES AREA NO . 48 8 . 93 ACRES AREA NO. 53 13 . 97 ACRES AREA NO . 55 9 . 90 ACRES TOTAL 75 . 00 ACRES NET ACREAGE 1357 . 06 ACRES 111 I) Page 14 of 39 -.. T MOM I.• C. MVLLI• J-15588-R McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. July 21, 1987 1246 HIGHWAY 17 • ORANGE PARK. FLORID 32073 PHONES 1904) 264.9611 1904) 264.6151 Parcel ^B" DESCRIPTION FOR: CHAMPION REALTY CORPORATION A part of Section 33, Township 4 South, Range 26 East, Clay County, Florida ; and being more particularly described as follows: Begin at the Southwest corner of Peters Creek as recorded in Plat Book 18, pages 60 thru 64, of the public records of said County; thence North 89 degrees 38 minutes 28 seconds East along the Southerly line of said Peters Creek, 383 .29 feet; thence South 00 degrees 14 minutes 55 seconds East 1,268. 49 feet to the North Right-of-Way line of County Road No. C-15-A; thence South 89 degrees 3G minutes 06 seconds West along last said line, 381.29 feet to the point of a curve to the right, said curve being concave Northeasterly and having a radius of 75.00 feet; thence Northwesterly along and around said curve an arc distance of 122. 31 feet to the Point of Tangency of said curve, said point being on the Easterly Right-of-Way line of U.S. Highway No. 17 1 • 1 (State Road No. 15) , the aforementioned arc being subtended by a :1' 1 . • chord bearing and distance of North 43 degrees 40 minutes 43 seconds West 109 .20- feet; thence* North 03 degrees 02 minutes 29 seconds East along the said Easterly Right-of-Way line of U.S. Highway No. 17, a distance of 728.50 feet to the point of a curve • • to the right, said curve being concave Easterly and having a ' radius of 22, 850.31 feet; thence continue along said Easterly Right-of-Way, along and around said curve an arc distance of 463 .21 feet to the Point of Beginning, said arc being subtended by a chord bearing and distance of North 03 degrees 37 minutes 19 seconds East 463.20 feet, containing 12.31 acres, more or less. NP1;TEN BY G l'1 CHECKED BY —. C:-iECKED BY F C.DY 1 MAP REF T)-i i 9 7- fIhDDY NT i ..•0,0 • I) Pa9e 1 of 39 ••••• ••••%•••• 4.4.5.••• 1+1..11l• ••4, 1.•••• OV.Valf•• McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-15588-R 12,14 HIGHWAY 17,, • ORANGE PARK, FLORIDA 32073 August 14, 1987 PHONES (904) 204•9611 0041 264.6131 Parcel "C" DESCRIPTION FOR: CHAMPION REALTY CORPORATION A part of Section 4, Township 5 South, Range 26 East, Clay County, Florida, and being more particularly described as follows: Commence at the Northeast corner of said Section 4; thence South 00 degrees 45 minutes 40 seconds East along the East line of said Section 4 , being also the centerline of County Road No. C-15-A, a distance of 520. 29 feet; thence South 89 degrees 45 minutes 37 seconds West a distance of 50.01 feet to the Point of Beginning; thence continue South 89 degrees 45 minutes 37 seconds West a disLancu of 1 , 281 . 23 feet; thence South 00 degrees 45 minutes 44 seconds East a distance of 850 .14 feet; thence South 89 degrees 45 minutes 37 seconds West a distance of 254.97 feet; thence South 00 degrees 00 minutes 19 seconds East a distance of 1, 555 .21 feet; thence South 89 degrees 45 minutes 04 seconds West . . 4 4 'a distance of 634 .07 feet to an intersection with the Easterly Right-of-Way line of U. S. Highway No. 17 (State Road No. 15) ; 1 ! thence Northerly along the said Easterly Right-of-Way line of D.S. Highway No. 17, the following three (3) courses: Cl) North 03 degrees 01 minute 40 seconds East 702 .75 feet; (2) North 03 • degrees 02 minutes 29 seconds East 2,101. 32 feet; (3) along and • around a curve concave Southeasterly and having a radius of 75 . 00 feet , an arc distance of 113 . 31 feet to the Southerly Right-of-Way line of aforementioned County Road No. C-15-A, said arc being subtended by a chord bearing and distance of North 46 degrees 19 minutes 17 seconds East 102.83 feet; thence along last said line North 89 degrees 36 minutes 06 seconds East 1,879.94 feet to the Point of a curve to the Right, said curve being concave Southwesterly and having a radius of 50.00 feet; thence Southeasterly continuing along said Southerly ; -ght-of-Way line of County Road No. C-15-A, along and around said curve an arc distance of 78 . 22, said arc being subtended by a chord beating and distance of South A5 degrees 14 Minutes 18 seconds East -70. 48 rage ..L.o Teet; thence South 00 degrees 45 minutes 40 seconds East along . . . the Westerly Right-of-Way line of said County Road No. C-15-A, a distance of 420. 46 feet to the Point of Beginning, containing 57.94 acres, more or less. . • . • VIRI1TEN SY Gr'A 0!IECKED t.-inKEL) F. C. BY 1:)3119 _ - ry P E D 8V T 1 ` EXI-iZB11. .A.. ••, ,.. r..y.uNo • J Page 17 of 39 ••• -• W•• ?MONA• C. YVlll• McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-15588-R 1246 HIGHWAY 17 • ORANGE TARK. FLORIDA 32073 August 14, 1987 T HONES (904) 2644,411 (9041 264.6151 Parcel "D" DESCRIPTION FOR: CHAMPION REALTY CORPORATION A part of Section 4, Township 5 South, Range 26 East, Clay County, Florida; and being more particularly described as follows: Commence at the Northeast corner of said Section 4; thence South 00 degrees 45 minutes 40 seconds East along the East line of said Section 4 , being also the centerline of County Road No. C-15-A, a distance of 520 .29 feet; thence South 89 degrees 45 minutes 37 seconds West a distance of 1, 331.24 feet; thence South 00 degrees 45 minutes 44 seconds East a distance of 850.14 feet; thence South 89 degrees 45 minutes 37 seconds West a distance of 254 .97 feet; thence South 00 degrees 00 minutes 19 seconds East a distance .of 1, 555 . 21 feel; thence South 09 degrees 45 minutes 04 seconds West a distance of 307 . 11 feet; thence South 05 degrees • 40 minutes 11 seconds West 60.32 feet to the Point of Beginning; thence continue South 05 degrees 40 minutes 11 seconds West a distance of 728.10 feet to a point on the North line of a private ' road known as Pine Forest Drive, described and recorded in Official Records Book 210, page 361, of the public records of 1 1 said County;' thence along last said line South 89 degrees 42 minutes 00 seconds West 290.57 feet to its intersection with the • Easterly Right-of-Way line of U.S. Highway No. 17 (State Road No. 15) ; thence along last said line North 03 degrees 01 minute 40 seconds East a distance of 725 .67 feet; thence North 89 degrees 45 minutes 04 seconds East a distance of 324.17 feet to the Point • of Beginning, containing 5.11 acres, more or less. • • NfRITTEN CHECKED BY • C'iECKEU BY F. C. BY T MAP fj EF .0 3 l :11 (YPED BY N • • • • I) 1.A S..,.4. a •• T . , Page 18 of 39 •••I. l••• ••&&&&&& T.T0.4•• C. 1TVL1.1• ••11. LA.,* ••••4"edi McKEE, EILAND & MULLIS LAND SURVEYORS, INC. J-15588-R 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 August 14, 1987 rrionts (9oA) 264.0811 (GO 26403131 Parcel "E" DESCRIPTION FOR: CHAMPION REALTY CORPORATION A part of Sections 4 and 9, Township 5 South, Range 26 East, Clay County, Florida; and being more particularly described as follows: Begin at the Northwest corner of Island Forest, as recorded in Plat Book 18, pages 5 thru 11, of the public records of said County; thence South 04 degrees 28 minutes 47 seconds West along the Westerly line of said Island Forest, a distance of 1, 884 .03 feet to a point on the North Right-of-Way line of Island Forest Drive as shown on said plat of Island Forest; thence along the Northerly and Westerly Right-of-Way lines of said Island Forest Drive, the following four (4 ) courses: (1) North 85 degrees 35 minutes 15 seconds West a distance of 73.15 feet to the point of a curve to the left, said curve being concave Southeasterly and having a radius of 260_ 00 feet; (2) thence Southwesterly along and around said -rve an arc distance of 408.41 feet to the Point of Tangency of said curve, said arc being subtended by a chord bearing and distance of South 49 degrees 24 minutes 45 seconds West 367. 70 feet; (3) South 04 degrees 24 minutes 45 seconds West 335. 64 feet to the Point of a Curve to the right , said curve being concave Northwesterly and having a radius of 32.17 feet; ( 4 ) thence Southwesterly along and around said curve an arc • • distance of 47. 67 feet to the Point of Tangency of said curve, said point being on the Northerly Right-of-Way line of Water Oak Lane, as shown on said plat of Island Forest, the aforementioned . • arc being subtended by a chord bearing and distance of South 46 degrees 51 minutes 46 seconds West 43.43 feet; thence along last said ine South 89 degrees 18 minutes 47 seconds Wet 215.34 feet to the point of a curve to the right , said curve being concave Northeasterly and having a radius of 30. 00 feet; thence Northwesterly along and around said curve an arc distance of 49 . 07 feet to the Point of Tangency of said curve, said point being on the Easterly Right-of-Way line of U. S. Highway No. 17 ' (State Road No. 15) , the aforementioned arc being subtended by a , • . • chord bearing and distance of North 43 degrees 49 minutes 47 seconds West 43 .77 feet; thence along last said line North 03 degrees 01 minute 40 seconds East 4, 381 .46 feet to a point on the South line of a private road known as Pine Forest Drive, as described and recorded in Official Records Book 210, page 361, of the public records of said County; thence along last said line North 89 degrees 42 minutes 00 seconds East 287.79 feet; thence South 05 degrees 40 minutes 11 seconds West 586.83 feet; thence North 89 degrees 32 minutes 09 seconds East 447.08 feet; thence South 04 degrees 29 minutes 07 seconds West 1,353.45 feet to the Point of Beginning, containing 57.13 acres, more or less. . _ • . . WRITTEN BY G CHECI(E0 BY C:;ECKED EY VIA? REF T? ci 0 TYPED BY " • • PEagXHeI1320IT "A" of. 39 OW.W11.0g 7143.4* C.. O •••. 000 • McKEE, OLAND & MULLIS, LAND SURVEYORS, INC. J-15588-R . -• • 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 August 14, 1987 PHONES 19041) 264-9811 (904) 264•8151 Parcel "F" DESCRIPTION FOR: CHAMPION- REALTY CORPORATION A part of Section 9, Township 5 South, Range 26 East, Clay County, Florida ; and being more particularly described as _ • . . follows: Commence at the Northwest corner of Island Forest, as recorded in Plat Book 18, pages 5 thru 11, of the public records of said County; thence South 04 degrees 28 minutes 47 seconds West along the Westerly line of said Island Forest, a distance of 1, 944 . 03 feet to a point on the Southerly Right-of-Way line of • Island Forest Drive, as shown on said plat of Island Forest and the Point of Beginning; thence continue along said Westerly line of Island Forest, South 04 degrees 28 Minutes 47 seconds West 250 feet to the Southwesterly corner of said Island Forest, being also the Northwesterly corner of Fleming Oaks Unit 5, as recorded in Plat Book 15, pages 15 thru 17, of the public records of said County; thence South 04 degrees 24 minutes 45 seconds West along the westerly line of said Fleming Oaks Unit 5, a distance of 299 .50 feet to a point on the Northerly Right-of-Way line of Water Oak Lane, as shown on said plat of Island Forest; thence on last said line the following three ( 3 ) courses: (1) North 85 degrees 35 minutes 15 seconds West 158 . 37 feet; ( 2) South 89 degrees 18 minutes 46 seconds West 82. 08 feet to the point of a curve to the right, said curve being concave Northeasterly and •- having a radius of 30.00 feet; (3) thence Northwesterly along and around said curve an arc distance of 49.79 feet to the Point of • • Tangency of said curve, said point being on the Easterly Right-of-Way line of said Island Forest Drive, the aforementioned arc being subtended 'by a chord bearing and di-stance- of -North 43 degrees 08 minutes 14 seconds West 44 . 28 feet; thence along the Easterly and Southerly Right-of-Way lines of said Island Forest Drive the following three (3) courses: (1) North 04 degrees 24 minutes 45 seconds East 326.91 feet to the point of a curve to the right, said curve being concave Southeasterly and having a Page 21 'of 39 , • , •. . , . . radius of 200 .00 feet; (2) thence Northeasterly along and around said curve an arc distance of 314 . 16 feet to the Point of Tangency of said curve , said arc being subtended by a chord bearing and distance of North 49 degrees 24 minutes 45 seconds East 282 . 84 feet; (3) South 85 degrees 35 minutes 15 seconds East 73.08 feet to the Point of Beginning, containing 3,25 acres, more or less. ! . WRITTEN DY CHECKED DY • C.:4::CKED F,C. DY -r • VAP REF -0 FED ? • . 11E11) Page 22 of 39 , rit..A.s• : : • ( PAO. L..4 . VVVV OA TmOmAa C. WOWS ,Aft. 0100V41..1 McKEE, ELAND & MULLIS LAND SURVEYORS, INC. 1J-15588-R 1246 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 August 14, 1987 PHONES (D04) 264.9811 (904) 2644131 Revised, June 21, 199U • Parcel "I" DESCRIPTION FOR: CHAMPION REALTY CORPORATION A part of Sections 4 and 5, Township 5 South, Range 26 East, Clay County, Florida; and being more particularly described as follows: - - Commence at the Northwest corner of said Section 5; thence North 89 degrees 52 minutes 02 seconds East along the North line of said section 5, a distance of 1,331.10 feet; thence South 04 degrees 23 minutes 00 seconds West 52.04 feet to a point in the Southerly Right-of-Way line of County Road No. C-220 and the Point of Beginning; thence along the last said line fun the following three (3 ) courses and distances: (1) North 89 degrees 57 minutes 02 seconds East 2,710.88 feet; (2) North 89 degrees 36 minutes 48 seconds East 3, 291.66 feet to the point of a curve to the right, said curve being concave Southwesterly and having a radius of 75 .00 feet; ( 3 ) thence Southeasterly along and around said curve an arc distance of 122 . 31 feet to the Point of Tangency of said curve , said point being on the Westerly Right-of-Way line of U.S. Highway No. 17 (State Road No. 5-15) , the aforementioned arc being subtended by a chord bearing and distance of South 43 degrees 40 minutes 39 seconds East 109 . 18 Eeet; thence South U3 degrees 01 minute 55 seconds West along said Westerly Right-of-Way line of U . S. Highway No. 17 ,. a . . • distance of 2 , 080 . 62 feet to an angle point therein; thence ' - . continue along said Westerly Right-of-Way line South 03 degrees 02 minutes 16 seconds West 1,426.87 feet to the North line of an ' easement for roadway and utilities known as Radar Road as described and recorded in Official Records Book 43, pages 300 thru 307, of the public records of said County; thence along last said line and a Westerly projection thereof South 89 degrees 44 minutes 55 seconds West 2,148.31 feet; thence South 89 degrees 38 • minutes 57 seconds West 1,330.58 feet to the Southeasterly corner of lands described and recorded in Official Records Book 1067, • • • Description For: Champion Realty Corporation EXHIBIT "A" Parcel 'I" _ Page 23 of 39 Page 2 pages 629 thru 632, of the public records of said County; thence North 00 degrees 21 minutes 03 seconds west along the East line of said lands, 724 . 44 feet to the Northeasterly corner thereof; thence South 89 degrees 38 minutes 57 seconds West along the North line of said lands desbribed and recorded in Official Records Book 1067, pages 629 thru 632, a distance of 1,295.06 i feet to the Northwesterly corner thereof, being on the West line of the East 1/2 of said Section 5; thence on last said line North 04 degrees 27 minutes 26 seconds East 1, 464.00 feet to the North line of the Southeast 1/4 of the Northwest 1/4 of said Section 5; thence on last said line South 89 degrees 55 minutes 15 seconds West 1,335.01 feet to the East line of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of said Section 5; thence on last said line North 04 degrees 23 minutes 00 seconds East 1, 404, 45 feet to the Point of Beginning, containing 414.30 acres, more or less. 1•••01.0 T. 4.•••• •••&&&&&& • • * EXHIBIT "A" Page 24 of 39 •••• 1.•.• ./V&&&&&• McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-15588-R 1246 HIGHWAY 17 • ORANGe PA , FLORIDA 32073 August 24, 1987 PHONE, 11104) 264.3611 19d41 2144131 Parcel ',I" • DESCRIPTION FOR: CHAMPION REALTY CORP. • A part of Government Lot 3, Section 6, Township 5 South, Range 6 East, Clay County, Florida; and being more particularly described as follows: Commence at the Southeast corner of said Section 6; thence North 04 degrees 19 minutes 35 seconds East along the East line of said Section 6 , a distance of 2, 969. 49 feet to the Northeast corner of said Government Lot 3 and the Point of Beginning ; thence South 89 degrees 29 minutes 30 seconds West along the North line of said Government Lot 3, a distance of 2, 658 feet, more or less , to the waters of Swimming Pen Creek ; thence Southwesterly, Southerly and Easterly along said waters, 3300 feet, more or less, to its intersection with the aforementioned East line of Section 6; thence North 04 degrees 19 minutes 35 seconds East along last said line 360 feet, more orless, to the Point of Beginning, containing 19 .1 acres, more or less. • • . • • • W1-..1-17EN .2!1EC: D C;-;E:CKEL)SY 'T • F.C. BY MA?FiF.F t 3 rYPED BY . . , . EXHIBIT "A" , . OOOOO gals ( ) r: . Page 25 of 39 c. A.4. 1..414• 114/1••••• • McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. 3-15588-R ' 1240 iiIGHWAY 17 • ORANGE PARK: FLORIDA 32073 August 24, 1957 pHomcs 1904) 164.9811 (904) 264-8131 Amended, September 3, 1987 Parcel "K" DESCRIPTION R)R: CHAMPION REALTY CORPORATION . A part of Section 5 and a part of Governrent Lots 3 and 4, Section 6, all in Township 5 South, Range 26 East, Clay County, Florida; and being more particularly described as follows: Commence at the Southeast corner of said Section 6; thence North 04 degrees 19 minutes 35 seconds East along the East line of said Section 6, a distance of 123.07 feet to the Northeast corner of lands described and recorded in Official Records Book 585, page 506, of the public records of said County and the Point of Beginning; thence continue North 04 degrees 19 minutes 35 seconds East along said East line of Section 6, a distance of 990.72 feet to the Southwest corner of lands described and recorded in Official Records Bock 237, pages 674 thru • 676, of the piblic records of said County; thence on the Southerly line of last said lands, North 89 degrees 12 minutes 42 seconds Fast 1,919.78 feet to the 'Southeast corner thereof; thence on the Easterly line of said lands North 18 degrees 52 minutes 45 seconds West 84.16 feet to the Northeast corner thereof; thence on the Northerly line of said lands, South 89 degrees 12 minutes 42 seconds West 1,886.47,feet to the Northwest corner thereof, being also the said East line of Section 6; thence North 04 degrees 19 minutes 35 seconds East along said East line of Section 6, a distance of 1390 feet, more or less, to the waters of Swirnning Pen Creek; thence Westerly along said Waters 2100 feet, more or less, to its intersection with the dividing line between said Section 6 and Section 43, Township 5 South, Range 26 East; thence along last said line the following two. (2) courses and distances: (1) South 26 degrees 12 minutes 10 seconds East 1470 feet, more or le.os, to the most Easterly corner of said • Section 43; (2) South 63 dcgcees 46 minutes 59 sends West 2324.77 feet to its intersection with the North line of said lands described and recorded in Official Records Book .525, page 506; thence along last said line North 89 degrees 26 minutes 55 seconds East 3296.88 feet to the Point of Beginning, containing 112.6 acres, rore or less. Y4111 JO;BY T CHECKED BY CHECKED BY ., F. C. SY . , — . . gAP nEF tYPED BY N) PEagXeHI2B6ITofwik3"9 1••••0%.• T. (ILAN, • .44. 41.1.14,4700 1 I (11 11 `) TI40.4.4, C. MULLIN •1.11rTI,•11 McKEE, EILAND & MULLIS, LAND SURVEYORS, IIIC. J-15588-R 1246 HIGHWAY 17 • ORANGE PAPIK. PL01.1104 32073 August 24, 1987 PHONES I S0,1) 264-0611 1604) 244.4131 Parcel "L" DESCRIPTION FOR: CHAiAPION REALTY CORPORATION All of Sections 7 and 18, and a part of Sections 6, 8, 17, and 20, all in Township 5 South, Range 26 East, Clay County, Florida; and being more particularly described as follows: Begin at the corner common to said Sections 5, 6, 7, and 8, said Township 5 South, Range 26 East; thence South 06 degrees 35 minutes 17 seconds West along the East line of said Section 7, a • distance of 2, 029 . 96 feet; thence North 88 degrees 42 minutes 42 seconds East 1,999.48 feet; thence South 06 degrees 31 minutes 06 seconds West 3, 365. 92 feet to the dividing line between said Sections 8 and 17; thence South 00 degrees 21 minutes 16 seconds • East 4 , 858 feet, more or less, to the waters of Black Creek; thence Northwesterly, Southeasterly, Northwesterly and Westerly along said waters 16, 000 feet, more or less, to its intersection with the dividing line between said Section 7 and Section 12, . . Township 5 South , Range 25 East; thence North 15 degrees 47 minutes 20 seconds East along last said line 1,185 feet, more or less , to the corner common to said Sections 7 and 12, and • Sections 41 and 43, Township 5 South, Range 25 East; thence North . • 63 degrees 46 minutes 58 seconds East along the dividing line between Sections 7 and 43, a distance of 2, 168. 59 feet to - the Southwest corner of lands described and recorded in Official Records Book 585, page 506, of the public records of said County; thence North 89 degrees 26 minutes 55 seconds East along the . . South line of last said lands 3, 496. 45 feet to the Southeast • corner thereof, lying in the East line of said Section 6; thence South 04 degrees 19 minutes 35 seconds west along the East line of said Section 6 , a distance of 22. 71 feet to the Point of Beginning, containing 687. 3 acres, more or less. :.:HECV.EDi3Y • • cWECKEDGY 7- . F.C. BY • mAs,REF - D31 ;.9 4 ; TYPED BY k)T • • • ( 1 I) Page 2 / 0 t •114. 6••10 VVVVV tea • T.0.44,1 G. MULLIS Pite, •walFS1•11 • McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-19185-R• . •- • 1240 HIGHWAY 17 • ORANGE PA . FLORIDA 32073 • PHONES (30.4) 2644811 (004) 2a4.015! August 3, 1989 (20 Acre Park) DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land consisting of a portion of the West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 , together „*. with a portion of the West 3/4 of the Southwest 1/4 of Section 8, Township 5 South, Range 26 East, Clay County, Florida, and being more particularly described as follows : Commence at the Northwest corner of said Section 8; thence on the West line thereof South 06 degrees 35 minutes 17 seconds • West 2029.96 feet to the Nurth line of said West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 ; thence on last said line North 88 degrees 42 minutes 42 seconds East 1230. 60 feet Co the Point of Beginning; thence South 06 degrees 31 minutes 06 • seconds West 1035.88 feet; thence South 35 degrees 58 minutes 44 seconds East 226. 36 feet; thence North-75 degrees 41 minutes 26 seconds East 25.00 feet; thence North 73 degrees .07 minutes 36 • . seconds East 67:07 feet; thence North 76 degrees 53 minutes 03 seconds East 48.01 feet; thence North 74 degrees 47 minutes 43 • • • seconds East 64 . 01 feet; thence North 79 degrees 20 minutes 34 seconds East 47 .10 feet; thence North 73 degrees 29 minutes 17 ' seconds East 52. 04 feet; thence North 74 degrees 50 minutes 53 seconds East 68.01 feet; thence North 76 degrees 26 minutes 40 seconds East 76. 01 feet; thence North 74 degrees 40 minutes 03 seconds East 56 .01 feet; -thence North 76 .degr.ees 31 minutes 15 seconds East 69 . 01 feet; thence North 72 degrees 19 minutes 27 seconds East 82.14 feet to the East line of said West 3/4 of the Southwest 1/4 ; thence on last said line and then on the East line • of said West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 , North 06 degrees 31 minutes 06 seconds East 1068 . 30 feet to said North line of the West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 ; thence on last said line South 88 degrees 42 minutes 42 seconds West 768. 88 feet to the Point of Beginning, being 20_00 acres,. more.or Jess, in area. • ''' fj t I) ''' ''EXHIBIT "A- ' Page 28 of 39 TNOM All C. Min.LI• 1.41, sw5 low.n•St•• McKEE, ELAND & MULLIS, LAND SURVEYORS, INC. J-19376-R 1z4e HIGHWAY 17 • ORANGE PARK. FtonluA 32073 September 27, 1989 PHONES (904) 2644811 (004) 284.13151 Amended Septqm4er 28, 1.989 (wildfite Corridor) DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land situated in Sections 7 and 8, Township 5 South, Range 26 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the Northeast corner of said Section 7; thence on the East line thereof run South 06 degrees 35 minutes 17 seconds West 3934.22 feet to the Point of Beginning; thence North 45 degrees 28 minutes 09 seconds West 1016.14 feet; thence South ' ' 59 degrees 31 minutes 09 seconds West 28.45 feet; thence South 15 degrees 31 minutes 24 seconds East 43 . 29 feet; thence South 04 degrees 37 minutes 49 seconds East 59 .77 feet; thence South 44 degrees 13 minutes 25 seconds East 39.92 feet; thence South 63 'degrees 34 minutes 46 seconds East 45 . 34 feet; thence South 63 degrees 04 minutes 50 seconds West 24 . 08 feet; thence South 15 degrees 24 minutes 46 seconds West 32. 80 feet; thence South 09 , . ,degrees 37 minutes 37 seconds East 27. 66 feet; thence South 00 degrees 21 minutes 16 seconds East 37 . 70 feet; thence South 17 degrees 02 minutes 52 seconds East 63. 98 feet; thence South 12 degrees 14 minutes 59 seconds East 66. 60 feet; thence South 09 degrees 39 minutes 29 seconds West 18 .03 feet; thence North 32 degrees 40 minutes 28 seconds East 32 .06 feet; thence North 09 degrees 14 minutes 34 seconds East 38 .28 feet; thence North 35 degrees 33 minutes 25 seconds East 53 . 34 feet; thence North 28 degrees 07 minutes 38 seconds East 59 .01 feet; thence South 04 . - degrees 35 minutes 31 seconds East 3 . 61 feet; thence South 12 ' • degrees 42 minutes 31 seconds West 35. 44 feet; thence South 36 degrees 13 minutes 23 seconds West 48 . 37 feet; thence South 20 - degrees 50 minutes 19 seconds West 62. 65 feet; thence South 44 degrees 57 minutes 23 seconds East 7 .28 feet; thence North 24 degrees 20 minutes 04 seconds East 36. 12 feet; thence North 29 degrees 05 minutes 53 seconds East 41.00 feet; thence North 60 degrees 03 minutes 43 seconds East 11. 66 feet; thence South 00 degrees 38 minutes 48 seconds East 16'.'12 feet; thence South -26 EXHIBIT ' A : • Page 29 of 39 degrees 36 minutes 31 seconds West 23 . 02 feet; thence South 08 degrees 35 minutes 46 seconds East 27.80 feet; thence South 29 degrees 05 minutes 53 seconds West 22.00 feet; thence South 31 degrees 43 minutes 40 seconds West 58 . 41 feet; thence South 12 degrees 29 minutes 33 seconds east 44 .72 feet; thence South 41 degrees 51 minutes 19 secouds East 58 . 19 feet; thence North 74 degrees 49 minutes 09 seconds East 15 . 53 feet; thence North 38 degrees 18 minutes 07 seconds East 30.15 feet; thence North 30 degrees 26 minutes 38 seconds East 80. 06 feet; thence South 17 degrees 36 minutes 11 seconds East 7. 81 feet; thence South 26 degrees 34 minutes 57 seconds West 57 . 31 feet; thence South 25 degrees 40 minutes 49 seconds West 33 .24 feet; thence South 51 degrees 55 minutes 06 seconds East 34 . 48 feet; thence South 82 :• i degrees 13 minutes 20 seconds East 44 .28 feet; thence North 66 degrees 31 minutes 10 seconds East 14. 32 feet; thence South 03 • degrees 24 minutes 57 seconds West 27 .02 feet; thence South 74 • degrees 38 minutes 24 seconds East 36. 88 feet; thence South 49 • degrees 59 minutes 26 seconds East 53.14 feet; thence South 09 degrees 38 minutes 08 seconds East 34 . 18 feet; thence South 02 • degrees 47 minutes 03 seconds East 60 . 83 feet; thence South 14 •degrees 48 minutes 30 seconds West 41. 01 feet; thence South 72 • degrees 10 minutes 44 seconds East 13. 45 feet; thence South 65 degrees 00 minutes 58 seconds East 28. 02 feet; thence South 08 degrees 23 minutes 25 seconds East 21. 54 feet; thence South 84 degrees 29 minutes 07 seconds West 40. 72 feet; thence South 54 degrees 53 minutes 39 seconds East 55.04 feet; thence South 04 _degrees 05 minutes 43 seconds East 54. 56 feet; thence South 44 degrees 41 minutes 31 seconds East 59.91 feet; thence South 46- degrees 53 minutes 27 seconds East 41 . 76 feet;- thence South 54 degrees 58 minutes 01 second East 42 . 95 feet; thence South 50 degrees 17 minutes 13 seconds East 43 . 66 feet; thence South 07 degrees 42 minutes 44 seconds East 31 . 38 feet; thence North 76 degrees 47 minutes 57 seconds East 37, 64 feet; thence South 57 degrees 44 minutes 40 seconds East 25.94 feet; thence North 88 degrees 42 minutes 01 second East 43 .04 feet; thence South 72 degrees 36 minutes 08 seconds East 31.40 feet; thence North 73 • 16. ?age 30 of 39 . 4 . degrees 44 minutes 22 seconds East 32.06 feet; thence North 56 degrees 20 minutes 53 seconds East 62.82 feet; thence North 66 degrees 53 minutes 33 seconds East 35.06 f4et.; thence North 48 degrees OS minutes 42 seconds East 39.92 feet; thence North 28 degrees 19 minutes 45 seconds East 45.99 feet; thence North 19 degrees 37 minutes 53 seconds East 51 .97 feet; thence North 63 degrees 01 minute 39 seconds West 15.81 feet; thence North 22 degrees 34 minutes 2G seconds East 37.11 feet; thence North 19 degrees 01 minute 45 seconds East 8.05 feet; thence North 45 degrees 28 minutes 09 seconds West 172.73 feet to the Point of Beginning, being 7.00 acres, more or less, in area. . • • - • , - .• • • • . . • - •• • • • • . . . .. „ . - . - • _ . - • • . . • (1.111 ) . EXHIBIT "A" Page 31 of 39 MAR0i.D T. 111.-4.413 ANL %%%%%%•4 THOMA• 141..L.LIO •.e. ov•v.r•• McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-19827-R 1246 HIGHWAY 17 • ORANGE PARK. FLIPRIOA 32073 March 9, 1990 PHONED (9041 2644011 (0041 26441161 Upland Habitat - Area t47 DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land consisting of a portion of Government Lots • 3 and 5 , Section 17, Township 5 South, Range 26 East, Clay • County, Florida; said pkrcel being more particularly described as follows: Commence at the Northwest corner of Section 8 , Township 5 South, Range 26 East; thence on the West line thereof South 06 degrees 35 minutes 17 seconds West 2029.96 feet to the North line of the West 3/4 of the South 1/2 of the South -1/2 of the Northwest 1/4 of said Section 8; thence on the last, said line and then on the Easterly -line of the West 3/4 of the South 1/2 of # # I. # said Section 8 North 88 degrees 42 minutes 42 seconds East 1999 .48 feet to the Easterly line of the said West 3/4 of the — ' Southwest 1/4 'of Section 8; thence on last said line South 06 • degrees 31 minutes 06 seconds West 3365.92 feet to the Southeast corner of the said West 3/4 of the Southwest 1/4; thence on the West line of lands described in Official Records Book 203, page 555 of the public records of said County; South 00 degrees 21 minutes 16 seconds East 1267.79 feet to the Point of Beginning; thence South 89 degrees 44 minutes 08 seconds West 29. 92 feet; thence North 51 degrees 33 minutes 57 seconds West 33 . 29 feet; thence North 85 degrees 37 minutes 59 seconds West 43.01 feet; thence South 88 degrees 20 minutes 48 seconds West 31.26 feet; - - . thence South 71 degrees 59 minutes 47 seconds West 44.78 feet; - . . ..• _ thence South 60 degrees 33 minutes 53 seconds West 33 .02 feet; thence South 83 degrees 48 minutes 37 seconds West 58. 25 feet; thence South 87 degrees 34 minutes 08 seconds West 56. 57 feet; • • . - thence North 48 degrees 37, minutes 28 seconds -West 48.01 feet; •. . • thence South 82 degrees 53 minutes 41 seconds West 45 . 12 feet; thence North 51 degrees 07 minutes 21 seconds West 31.06 feet; thence North 78 degrees 14 minutes 48 seconds West 66 .37 feet; thence South 76 degrees 53 minutes 34 seconds West 46.28 feet; • , • . thence South 08 degrees 48 minutes 57 seconds West 55 . 97 feet; ' • - • - • l • • • thence South 35 degrees 37 minutes 13 seconds West 51.66 feet; thence North 50 degrees 31 minutes 07 seconds West 37. 66 feet; thence South 77 degrees 13 minutes 31 seconds West 55.01 feet; thence South 73 degrees 05 minutes 06 seconds West 48. 85 feet; thence South 31 degrees 11 minutes 52 seconds West 64.51 feet; thence South 58 degrees 31 minutes 12 seconds West 41 . 44 feet; thence South 15 degrees 44 minutes 55 seconds West 79.54 feet; thence South 34 degrees 06 minutes 34 seconds East 58 .52 feet; thence South 29 degrees 08 minutes 17 seconds West 23.35 feet; thence South 26 degrees 52 minutes 18 seconds East 86 .12 feet; thence South 36 degrees 55 minutes 43 seconds East 71.89 feet; thence South 42 degrees 44 minutes 51 seconds East 76.32 feet; thence South 24 degrees 29 minutes 25 seconds East 40.02 feet; thence South 23 degrees 26 minutes 56 seconds East 78 .34 feet; thence South 34 degrees 15 minutes 38 seconds East 59.38 feet; thence South 55 degrees 46 minutes 01 second East 20.00 feet; - • thence South 17 degrees 01 minute 01 second West 29.73 feet; thence South 00 degrees 43 minutes 40 seconds East 60 .03 feet; • . I thence South 05 degrees 03 minutes 23 seconds East 71.06 feet; • thence South 37 degrees 25 minutes 01 second East 47 .83 feet; thence South 48 degrees 48 minutes 29 seconds East 53.76 feet; thence South 55 degrees 22 minutes 45 seconds East 56.08 feet; thence South 76 degrees 52 minutes 50 seconds East 69.57 feet; . - • thence South 54 degrees 42 minutes 51 seconds East 46 .10 feet; ' thence South 54 degrees 25 minutes 24 seconds East 45.61 feet; thence South 37 degrees 25 minutes 21 seconds East 63 .03 feet; • • thence South 32 degrees 28 minutes 05 seconds East 73.11 feet; thence South 50 degrees 51 minutes 34 seconds East 45 . 61 feet; thence South 41 degrees 46 .minutes 17 seconds East 70.45 feet; thence South 36 degrees 29 minutes 41 seconds East 60 . 42 feet; thence South 48 degrees 55 minutes 14 seconds East 49.00 feet; thence South 46 degrees 11 minutes 39 seconds East 42 .05 feet; thence South 44 degrees 41 minutes 03 seconds East 35.38 feet to the said West line of lands described in Official Records Book 203 , page 555 ; thence on last said line North 00 degrees 21 . . minutes 16 seconds West 1309.64 feet to the Point of Beginning, being 15.20 acres, more or less, in area • _ . . . . . • . - • • • • 4 • ••.•C••.P I) • PaEcleHIB33ITo;A;9 •/•• Y *I •• THou,„. C. MULLI5 %le. wow. CCCCCC•14 McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-19827-R 1240 HIGHWAY 17 • ORANGE PARK. FLORIDA 32073 March 8, 1990 rmoNes (904) 264.9911 (904) 264.9131 Upland Habitat - Area f48 DESCRIPTION FOR: CHAMPION REALTY CORPORATION 'A parcel of land situated in the West 3/4 of the Southwest 1/4 of Section 8, Township 5 South, Range 26 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the Northwest corner of said Section 8; thence on the West line thereof South 06 degrees 35 minutes 17 seconds West 2029.9G feet to the North line of the West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 of said Section 8 ; thence on the last said line North 88 degrees 42 minutes 42 seconds East 1999.48 feet to the East line of the said West 3/4 • , of the South 1/2 of the South 1/2 of the Northwest 1/4; thence on last said line and then on the East line of the said West 3/4 of - the Southwest 1/4, South 06 degrees 31 minutes 06 seconds West • 2058.22 feet i the Point of Beginning; thence North 69 degrees • 27 minutes 27 seconds West 40.69 feet; thence South 87 degrees 25 ' minutes 50 seconds West 42.58 feet; thence South 78 degrees 42 minutes 27 seconds West 57.90 feet; thence North 80 degrees 11 minutes 44 seconds West 34 .53 feet; thence North 73 degrees 27 minutes 29 seconds West 35.06 feet; thence North 74 degrees 50 minutes 11 seconds West 83.83 feet; thence North 57 degrees 56 . • minutes 09 seconds West 57.27 feet; thence North GO degrees 12 minutes 40 seconds West 52.77 feet; thence South 85 degrees 07 minutes 01 second West 39. 88 feet; thence South 89 degrees 41 minutes 02 seconds West 56.52 feet; thence South 72 degrees 38 • • minutes 01 second West 61. 13 feet; thence South 38 degrees 52 minutes 41 seconds West -51.53 feet; thence South 11 degrees 41 minutes 04 seconds West 46 . 53 feet; thence South 57 degrees 54 minutes 20 seconds West 32 . 80 feet; thence South 10 degrees 23 minutes 55 seconds East 43. 05 feet; thence South 07 degrees 05 minutes 47 seconds West 34 .93 feet; thence South 40 degrees 53 minutes 35 seconds West 25 . 63 feet; thence South 10 degrees 46 minutr-• 56 seconds We t 54 .00 feet; thence South 42 degrees 10 • • •' '.QnU YV - /.LCO eft° • Pagh 12 Page 34 of 39 • minutes 43 seconds East 39. 81 feet; thence South 05 degrees 20 minutes 54 seconds West 47.54 feet; thence South 21 degrees 11 minutes 24 seconds East 40.11 feet; thence South 66 degrees 30 minutes 38 seconds East 50.60 feet; thence South 25 degrees 17 minutes 58 seconds East 24 . 52 feet; thence South 25 degrees 45 minutes 28 seconds East 20.40 feet; thence South 14 degrees 41 minutes 15 seconds East 36. 77 feet; thence South 49 degrees 16 minutes 05 seconds East 37 . 85 feet; thence South 31 degrees 25 minutes 51 seconds West 35.47 feet; thence South 02 degrees 54 minutes 29 seconds East 33.84 feet; thence South 14 degrees 53 minutes 13 seconds East 53. 03 feet; thence South 03 degrees 25 minutes 14 seconds East 24 .7U feet; thence South 60 degrees 49 minutes 45 seconds West 38. 21 feet; thence South 15 degrees 24 minutes 58 seconds East 49 .09 feet; thence South 27 degrees 02 minutes 59 seconds East 32. 53 feet; thence South 34 degrees 21 minutes 20 seconds East 27.80 feet; thence South 57 degrees 38 minutes 02 seconds East 28. 36 feet; thence South 64 .degrees 38 minutes 06 seconds East 28.18 feet; thence North 77 degrees 06 I minutes 23 seconds East 21. 38 feet; thence South 80 degrees 47 . 1 minutes 58 seconds East 45 .89 feet; thence North 67 degrees 54 minutes 27 seconds East 23. 41 feet; thence South 65 degrees 32 ' minutes 40 seconds East 35.78 feet; thence South 85 degrees 16 minutes 00 seconds East 25.18 feet; thence South 86 degrees 34 minutes 55 seconds East 31.14 feet; thence South 67 degrees 05 minutes 33 seconds East 49. 66 feet; thence South 81 degrees 16 minutes 09 seconds East 47.85 feet; thence South 44 degrees 22 minutes 59 seconds East 29.73 feet; thence South 63 degrees 55 minutes 51 seconds East 31.76 feet; thence South 83 degrees 21 minutes 48 seconds East 21. 93 feet to the said East line of the West 3/4 of the Southwest 1/4; thence on last said line North 06 degrees 31 minutes 06 seconds East 781. 22 feet to the Point of Beginning, being 8.93 acres, more or less, in area. • ~1 • Page 35 of 39 MAN OLD T. (1.E mac •^ft, .wave... '1M0.4 AS C. Y Yw11 •��, yM• u..p.(.•• • McKEE, EILAND & MULLIS, LAND SURVEYORS, INC. J-19827-R 124E HIGHWAY 17 • ORANGE PARK. VLOnIDA 32073 March 9, 1990 PHONES (D04) 264.9911 (904) 2e4•Ef5I Upland Habitat - Area #53 DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land 'consisting of a portion of the West 3/4 of the Southwest 1/4 ofi Section 8, Township S South, Range 26 East and a portion of Government Lots 3 and 4, Section 17, Township 5 South, Range 26 East, Clay County, Florida, said parcel being more particularly described as follows: Commence at the Northwest corner of said Section 8; thence on the West line thereof South 06 degrees 35 minutes 17 seconds West 2029.96 feel to the North line of the West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 of said Section 8;' thence on the last said line North 88 degrees 42 minutes 42 seconds East 1999. 48 feet to the East line of the said West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4; thence on last said line and then on the East line of the said West 3/4 of the Southwest 1/4, South 06 degrees 31 minutes 06 seconds West 1 2895 . 63 f ee-h to-the- Point-of Beginning; thence continue-South 06--- 1 degrees 31 minutes 06 seconds West 470 .29 feet to the Southeast corner of the said West 3/4 of the Southwest 1/4; thence on the • West line of lands described in Official Records Book 203, page 555 of the public records of said County; South 00 degrees 21 minutes 16 seconds East 648.89 feet; thence South 71 degrees 39 minutes 48 seconds West 43 . 40 feet; thence South 45 degrees 20 minutes 57 seconds West 43.19 feet; thence North 80 degrees 49 • minutes 35 seconds West 38. 21 feet; thence North 61 degrees 58 minutes 18 seconds West 45.19 feet; thence North 54 "degrees 42 minutes 37 seconds West 50. 77 feet; thence North 75 degrees 15 minutes 00 seconds West 72.95 feet; thence South 80 degrees 20 minutes "53 seconds "rest -72.11 feet; thence South 71 degrees 11 minutes 20 seconds West 32 . 76 feet; thence South 85 degrees 49 minutes 07 seconds West 50. 04 feet; thence South 67 degrees 55 minutes 01 second West 70.60 feet; thence South 63 degrees 14 minutes 44 seconds West 49.04 feet; thence North. 45 degrees 19 minutes 20 seconds West 60.85 feet; thence North 19 degrees 43. , r• ••••••• • ••••• ••••••••'. ldt• Alf..“•••••• IL 1.41 .GAL1,1C.1 h r Upland Habitat - Area fel Page 36 of 39 • minutes 31 seconds West 55.03 feet; thence North 42 degrees 37 minutes 58 seconds West 30.07 feet; thence North 33 degrees 36 minutes 44 seconds West 74 . 71 feet; thence North 45 degrees 26 A minutes 45 seconds West 34 .44 feet; thence North 04 degrees 16 minutes 29 seconds West 52. 89 feet; thence North 09 degrees 19 minutes 12 seconds West 55 .90 feet) thence North 23 degrees 47 minutes 04 seconds West 55. 15 feet; thence North 26 degrees 44 minutes 59 seconds West 48.37 feet; thence North 07 degrees 48 minutes 12 seconds West 43. 93 feet; thence North 16 degrees 45 minutes 45 seconds West 40 .05 feet) thence North 17 degrees 54 minutes 45 seconds East 63. 63 feet; thence North 81 degrees 52 minutes 12 seconds East 46 .82 feet; thence South 78 degrees 18 minutes 27 seconds East 31. 24 feet; thence North 82 degrees 34 minutes 56 seconds Cast 48 . 10 feet; thence North 39 degrees 24 =' minutes 27 seconds East 62. 77 feet; thence North 56 degrees 26 minutes 47 seconds East 42 . 19 feet; thence North 57 degrees 18 • minut e 46 seconds East 50.16 feet; thence South 82 degrees 53 • e - minutes 44 seconds East 20.81 feet; thence North 60 'degrees 53 • minutes 57 seconds East 58 . 01 feet; thence North 54 degrees 45 minutes 52 seconds East 72.56 feet; thence North 02 degrees 23 P. 1 minutes 39 seconds East 49 . 82 feet; thence North 07 degrees 06 minutes. 47 seconds West 46. 39 feet; thence North 01 degree 18 minutes 14 seconds West 34 . 93 feet; thence North 02 degrees 34 minutes 06 seconds West 33.73 feet; thence North 39 degrees 13 minutes 16 seconds West 40.72 feet; thence North 07 degrees 37 minutes 19 seconds East 29 .15 feet; thence North 07 degrees 28 minutes 20 seconds East 43. 16 feet; thence North 16' degrees 54 minutes 23 seconds East 42.44 feet; thence North 48 degrees 04 minutes 29 seconds East 35.06 feet; thence North 43degrees 59 minutes 35 seconds East 31. 26 feet; thence North 56 degrees 14 min 'QS 40 seconds East 35 .13 feet; thence North 40 degrees 43 minutes 32 seconds East '32 :56 feet; thence North 60 degrees 48 minutes 28 seconds East 24 . 33 feet; thence North 70 degrees 38 minutes 07 seconds East 63 .57 feet; thence South 86 degrees 50 • minutes 04 seconds East 25. 50 feet; thence North 69 degrees 50 minutes 29 seconds East 52 . 61 feet; thence North 74 degrees 10 .• • . t;plAnd Habitat - Area I 5 3 • * Pa4e 13 Page 37 of 39 minutes 31 seconds East 47.30 feet) thence South 82 degrees 17 minutes 44 seconds East 45.71 feet; thence South ,85 degrees 04 ' minutes 13 seconds East 39. 32 feet: thence South 67 degrees 45 minutes 09 seconds East 30.60 feet to the Point of Beginning, • being 13.97 acres, more or less, in area. • • • • . . • • • • • • • • : . • - • " • 'r- - • • .-.. .... • • • . • • . ' -•• • , . .• • •-• •••••-• • — • • ,41 EXHIBIT s'A" 1+4•66,T. WIL.A..11 • P 38 • 39 . , TP0a4 AR C. MULLIS also. sv••■r•M McKEE, EILIND & MULLIS, LAND SURVEYORS INC. J-19827-R t24a HIGHWAY 17 • ORANGE PARK. FLORIDA 31073 March 8, 1990 PHONES (904) 264.9011 (904) 20441161 Upland Habitat - Area f55 DESCRIPTION FOR: CHAMPION REALTY CORPORATION A parcel of land situated in the West 3/4 of the Southwest 1/4 of Section 8, Township 5 South, Range 26 East, Clay County, Florida; said parcel being more particularly described as follows: Commence at the Northwest corner of said Section 8; thence on the West line thereof South 06 degrees 35 minutes 17 seconds West 2029. 96 feet to the North line of the West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 of said Section 8; thence on the last said line North 88 degrees 42 minutes 42 seconds East 1999.48 feet to the East line of the said West 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4; thence on last said line and then on the East line of the said West 3/4 of the Southwest 1/4 , South 06 degrees 31 minutes 06 seconds West 1092.90 feet to the Point of Beginning; thence South 78 degrees 19 minutes 38 seconds West 68.83 -feet; thence South 78 degrees 42 minutes 12 seconds West 38. 05 feet; thence South 73 degrees 52 .• • minutes 20 seconds West 63. 03 feet; thence South 34 degrees 03 minutes 25 seconds West 36.12 feet; thence North 34 degrees 17 minutes 33 seconds West 23 .41 feet; thence South 81 degrees 24 minutes 04 seconds West 40.20 feet; thence South 77 degrees 32 minutes 17 seconds West 62. 03 feet; thence South 72 degrees 34 minutes 06 seconds West 55.08 feet; thence South 77 degrees 22 minutes 31 seconds West 6'8 . 03 feet; thence South 75 degrees 05 minutes 15 seconds West 95.01 feet; thence South '6 degrees 41 minutes 44 seconds West 57 .01 feet; ' hence South 75 degrees 41 minutes 26 seconds West 52.00 feet; LL)ence South 04 degrees 50 minutes 53 seconds" West 51. 91 feet; thence -South 11 degrees 13 minutes 12 seconds West 33.96 feet; :hence South 17 degrees 01 minute 40 seconds East 23 .77 feet; thence South 08 degrees 35 minutes 48 seconds West 36 .67 feet; thence South 00 degrees 37 • " minutes ul second East 64 .03 feet; thence South 01 degrees 46 minutes 41 seconds West 41.11 feet; thence South 03 degrees 38 -- DESCRIPTION Habitat - ,FORi •' CHAMPION REALTY CORPORATION EXHIBIT : "A" IkOtsnd HaAres 155 Page 12 ,,_; .. • Page 39 of 39 minutes 50 seconds West 66. 37 feet; thence South 00 degrees 33 minutes 15 seconds West 58.08 feet; thence South 01 degrees 07 minutes 44 seconds East 72. 01 feet; thence South 00 degrees 41 minutes 27 seconds East 47. 42 feet; thence South 11 degrees 35 • • minutes 55 seconds East 53 . 60 feet; thence South 80 degrees 48 minutes 04 seconds East 34 .91 feet; thence North 43 degrees 29 minutes 34 seconds East 32 . 14 feet; thence North 4] degrees 01 minutes 20 seconds East 49.25 feet; thence North 51. degrees 51 minutes 41 seconds East 38 . 05 feet; thence South 36 degrees 19 minutes 11 seconds West 27.66 feet; thence South 36 degrees 02 , minutes 40 seconds West 45 . 12 feet; thence South 19 degrees 57 minutes 43 seconds West 33.12 feet; thence South 19 degrees 31 minutes 49 seconds East 49 . 87 feet; thence South 60 degrees 02 minutes 16 seconds East 34 .37 feet; thence South 64 degrees 21- minutes 08 seconds East 41. 00 feet; thence South 80 degrees 03 • minutes 54 seconds East 42.06 feet; thence South 43 degrees 01 minute 10 seconds East 46 .53 feet; thence South 43 degrees 42 minutes 08 seconds East 5U.49 feet; thence South 71 degrees 25 minutes 08 seconds East 41. 44 feet; thence South 60 degrees 08 minutes 13 seconds East 44.84 feet; thence South 73 degrees 37 minutes 16 seconds East 50.09 feet; thence North 79 degrees 33 • minutes 27 seco.nds East 43. 77 feet; thence North 83 degrees 09 ' minutes 46 seconds East 33. 14 feet; thence .North 83 degrees 15 . minutes 30 seconds East 55.83 feet to the said East line of the 1, . 1 , West 3/4 of the Southwest 1/4; thence on last said line North 06 degrees 31 minutes 06 seconds East 905 . 45 feet to the Point of Beginning, being 9.90 acres, more or less, in area. EXHIBIT m B - ,t.• . -.; .. ; • . . - •' - -• • THE CROSSINGS GUARANTEED REVENUE FLOW CHART C>uatameed ER:$ Raw Wale' 45!$/artrupocr ER:$ Aate wast-t--.4$e• D.DC. May 0 1993' C.:uaranieez.4 i-ievenue. on 2.000 ERC-'s 2000 ERC's Guaranteed Payment 5DD @ ,00°..*. 500 (&.,.% 75°,'. 500 @ 50% SOO @ 25c>i- . ' M2v 01 1c) 4 . . . 300 E.;RC's on Line/1700 ER-C.`;'s Guarantees PE,v rTeni 500 (.''...; 100% 500 @ 50% , 200 @ 2.--.:','. may 01 1 cc:z ODD ER:2's on Line...11400 E-..-RC' Guarantoeci Payrneni • - . ; - DDO 100%, : 500 @.- 75°J. ! . . . — DO C6.) 50`;',:. . . , . . . . -- • - , , , . • .--.:-rpir--; ti7.- , • ' • EXHIBIT "C" BULK SERVICE RATE AT TIME OF AGREEMENT Water System Ovarlerly Rates Besidential 014 General ServIcc Utility's Bulk Initial Existing Rate Bulk Base Facility Charge: . Rates X Factor Rate Neter size Quarterly Rates 5/8 x 3/4" $ 11.85 .751 $ 8. 90 3/4 " 17.79 .751 13 .36 1" 29.64 .751 22.26 1 1/2" 59.27 .751 44 .51 2" 94 .83 .751 71.22 3" 189.66 _ .751 . 142.43 4" 296.35 - .751 222.56 6" 592.70 .751 445.12 8" 948.32 .751 712.19 10" 1,363. 21 .751 1,023.77 Gallonage Charge (per 1,000) 0. 63 .751 ' 0.47 Miscellaneous Hydrant Use (Plus water usage at metered rates) $ 25.74 .751 $ 19.33 Wastewater vstern uarterl v Rate . Residential. Base Facility Charge: _____ reter Sizes Quarterly Rates All $ 27.23 .768 $ 20.91 . ... Gallonage Charge (per 1,000 gallons) : 1.21 .768 0.93 (Maximum of 30,000 gallons per quarter) General Service .:,, :,.. - . . Base Facility Charge: Meter Size Quarterly Rates 5/8 x 3/4" $ 27.23 .768 $ 20.91 3/4" 30.86 .763 - 31.38 1" 68.09 .768 : - 52.29 - - - .'..• . . 1 1/2" .:'-:-. 7 ::';,::'-1 136.17 .768 -104. 58 7 - 2" 217 .87 .768 167.32 3" 435.75 .768 . 334 .66 4" ,. 680.86 .768 522.90 6" 1, 361. 71 . 766 1, 045.79 8" 2,178.74 .768 1,673.27 10" 3, 131.94 .763 2,405.33 Gallonage Charge (per 1,000) 1.45 .768 -- 1.11 . _ .. '. -- Miscellaneous Residential - Unmetered Flat Rate $ 59.00 .768 '$ 44 .54 . Multi-Family - Unmetered per Unit 38.87 .768 29.85 • - . . . . . ... . - _ . -. .._ .:. .., -._.... ,-...„ . . .;.,.., . _ . ... . • --- , • . . Exhibit "D" Page 1 of 13 EFFLUENT REUSE AGREEMENT THIS AGREEMENT is made and entered into as of this day of October, 1993 , by and between THE CROSSIN4S AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a not-for-profit corporation and a Chapter 190, F. S . Community Development District, whose address is 5000 Highway 17 South, Orange Park, Florida 32073 (hereinafter referred, to as "ODD") and CLAY COUNTY WATER AND SEWER AUTHORITY, a Dependent Special District, created by Clay County Ordinance 93-7 , (hereinafter referred to as "Utility") CLAY COUNTY, FLORIDA, a political subdivision of the State of Florida , whose address is 477 Houston Street, Green Cove Springs, Florida, 32043 (hereinafter referred to as "County") . WHEREAS, County is the owner of certain water, wastewater and effluent re-use facilitieS which, are operated by Utility under agreement with County; and WHEREAS, Utility is currently constructing the first phase of a Regional Wastewater Treatment Plant to be known as the Fleming Island Regional Wastewater Treatment Plant and Reclamation Facility --( "Reuse Plant") ; and WHEREAS, --phas35this Reuse Plant will have secondary treatment capacity of 1 . 5 MGD of which 1. 0 M.G . D. qualifies as . Advanced Secondary Treatment Capacity, which is designed to provide reuse * quality water for Golf Course, Commercial and Residential Irrigation purposes; and WHEREAS, Utility has a fully' permitted river outfall for its treated effluent, however, it is a pertinent fact that all applicants for St . Johns River Water Management District consumptive use permits and Florida Department of Environmental Protection Wastewater Treatment Plant Operating Permits are now , required to evaluate the feasibility of reuse of reclaimed water before such permits will be' issued, thus making it . mutually desirable to initiate a reuse program for both ease of permitting and environmental reasons ; and WHEREAS, ODD is desirous of installing a reuse water system . to make reuse service available for the irrigation of ' the Eagle Harbor Golf Course, Commercial and Residential areas within the CDD's Property as well as the Eagle Harbor Soccer Complex and the adjacent School Site, neither of which is within the Property; and WHEREAS, in order to limit the amount of treated effluent that Utility discharges to the St. Johns River, Utility is desirous • ' • • • ' . .-. • Exhibit "D" Page 2 of 13 • of supplying CDD with reuse water so that CDD can develop its Reuse System for the purpose of delivering its Reuse Water to the various 1 reuse customers described in this Agreement; and WHEREAS, CDD desires to take up to 1 . 0 MGD of Reuse Water from Utility for the purpose of irrigation throughout the Property to which wastewater service is, or will be, provided as identified in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" ) ; and WHEREAS, Utility, County and CDD desires to set forth their respective duties and obligations with regard to the provision and disposal of Reuse Water . • NOW THEREFORE, in consideration of the payment of ten dollars ( $10 :-00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. RECITATIONS . The foregoing Recitations are true and correct and incorporated herein as though fully set forth. 2 . DEFINITIONS. 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 meaningf (a) Reuse . Plant - shall mean the first phase of .the. Fleming -.:Island Regional Wastewater, Treatment Plant and Reclamation... Facility -which is designed for 'a capacity of 1 . 5 MGD .of SecondarY' Treatment Capacity with additiOnal• facilities 'to further treat 1. 0MGDof ,the plant' s flow to Advanced Secondary Treatment Standards .-:!,.=!,. (b) Reuse Water or Reclaimed Water - terms used synonymously to describe sanitary wastewater that has been treated to Advanced Secondary Standards and which may be land applied under 'certain conditions and permitting restraints as :a. ..method of wastewater effluent disposal . (c) Reuse System or Reuse Water ' System - - within : this Agreement these terms are to be used to refer to the CDD' s ' reuse water storage facility, its high service pumping system and system of pipelines and irrigation controls all installed forthe purpose of delivering Reuse Water to CDD's reuse customers for land disposal of Reuse Water. _ . • (d) Reuse Service - that process whereby the CDD acquires Reuse Water from the Utility at the Reuse Plant, providing, piping, storage and delivery of acceptable Reuse Water to the CDD's storage facilities and providing pumping and piping systems to deliver, the Reuse Water to the Golf Course, Commercial, ' Public, and Residential Irrigation Customers within the Property, including all permitting . . • . • Exhibit "D" Page 3 of 13 and administration associated therewith and also including the Eagle Harbor Soccer Complex and the adjacent schoolisite. (e) Point of Delivery - The point of delivery for the Reuse Water shall be at the discharge point of the reuse water transfer pipe at the reuse holding pond which will be built by the CDD and located within the Eagle Harbor Project, as is more specifically set forth on the map attached as Exhibit "B" and incorporated herein by reference. The County for the Utility shall , according to the terms and conditions hereof, own all pipes and appurtenances to the Point of Delivery unless otherwise agreed . 3 . UTILITY ' S COVENANTS . Utility agrees to provide Reuse Water from the Reuse Plant to the Point of Delivery, at such times and in the manner set forth herein, up to the 1 . 0 MGD capacity of Utility' s Reuse Plant as limited by the actual reuse flow available from time to time. CDD shall, at its expense, purchase, install and convey to Utility or County, as appropriate, a single bulk service water meter at the Reuse Plant site, not less than thirty (30) days prior to initial delivery of Reuse Water by Utility. Such meter shall meet all applicable regulatory requirements and be subject to approval by Utility.- The meter shall be used to monitor the amount of Reuse Water delivered by Utility and CDD agrees to pay for all • Reuse Water delivered as measured by the meter . Utility agrees to operate7 and maintain the meter within prescribed accuracy : .limits set forth by the manufacturer. Each party shall be deemed to be in possession and control of the Reuse Water on its side of the Point of Delivery. In the event that CDD cannot use all of the Reuse Water produced by the Reuse Plant, the Utility agrees to dispose of such excess to other reuse customers or to its permitted St. Johns River outfall . 4 . LEVEL OF TREATMENT. Utility agrees to deliver only properly treated Reuse Water to the Point of Delivery.. For purposes of this Agreement, properly treated Reuse Water shall be defined as the wastewater dischargedfrom: Utility's plant which meets or exceeds the standard established for Reclaimed Water reused in public access, areas as :- set. forth in — Florida Administrative Code Rule 17-610 or its 'successor rule as amended from time to time . If, in the future , CDD, in its sole discretion, no longer irrigates public access areas or otherwise restricts its method of disposal, though not quantity, of Utility' s Reuse' Water . in a manner that calls for a lower level of treatment then that provided by Utility at the time of this Agreement, then, in such event, the standard for properly treated Reuse Water required of • Utility hereunder shall be reduced appropriately. • - -,•. , Exhibit "D" Page 4 of 13 • CDD shall have no obligation to ac'cept Reuse Water which is not properly treated as defined herein .' Utility further agrees to use all diligent efforts to promptly divert the flow of inadequately treated Reuse Water to, an alternative disposal site, or take such other actions as may be reasonably required to avoid the delivery of improperly treated. Reuse Water . In the event Utility is unable to divert such water after diligent effort, then CDD shall be entitled to a credit against charges for costs incurred in disposing of such inadequately treated Reuse Water. CDD hereby undertakes to maintain the quantity and quality of the Reuse Water in its transmission, storage and distribution system at a level which will permit delivery and disposal of the Reuse Water in a manner consistent with the requirements of Utility ' s Florida Department of Environmental Protection ( "DEP) permit and this Agreement . 5 . CDD' S COVENANTS . CDD agrees to accept all of the properly treated Reuse Water produced by the Reuse Plant up to a maximum of 1 . 0 MGD every day . CDD agrees to accept and assume all obligations for the storage and disposal of the Reuse Water by means of land application and will responsible for any and all construction, maintenance, operation, expansion and all associated costs of-: the , irrigation . system utilized now or in the _future to dispose of the Reuse Water . CDD warrants and represents that it will at all times maintain the irrigation ':system in good and - serviceable condition, use Reuse Water as its • primary source of irrigation for the Property, and dispose of all Reuse Water in a — manner :consistent with the terms and conditions-of-this-Agreement, and all applicable federal , state and local enyironmental ,laws and :requirements . Notwithstanding the limitatiOns' contained, in this . Agreement to the contrary, CDD covenants that it will 'never use potable or non-potable water for irrigation purposes within the Property if utility has reuse water available for CDD' s Utilization. CDD acknowledges that Utility operates its wastewater system pursuant to. • a Department 'of Environmental Protection operating permit which may be affected by .'a.'...change in effluent disposal circumstances . . - CDD shall construct, at its sple :costand conveyito: County for its ownership and 'the_Utility' s -operatIonand -maintenan'Oe the Reuse Water transmission ,main, ;: pondlevee ' - controls--,.- and appurtenant facilities from the ' Reuse j Plant' s pump station according to the specifications and along the route identified in Exhibit "B" and incorporated herein by reference . The design of such facilities shall be subject to the prior approval of the Utility . Nothing contained herein shall- precludethe CDD' sresale , of Reuse Water solely within the Property aya price, which is sufficient to cover its cost in supplying Reuse Water and to earn a reasonable return on its Reuse distribution facilities .. CDD shall not sell, distribute , or in any way allow the Reuse Water to be utilized on any land other than the Property as set forth in Exhibit "A" , without the Utility' s prior approval , except for the - _ • . _ Exhibit "D" Page 5 of 13 Reuse Water which will be 'used for irrigation and disposal purposes at the adjacent Clay County School Board property and soccer field complex. By these covenants , COD hereby represents and warrants unto Utility that it has the authority to and hereby grants to County for Utility a perpetual easement for Reuse Water disposal purposes over the Property as set forth in Exhibit "A" hereto for Reuse disposal purposes and to the Reuse Water holding pond as described in Exhibit "B" hereto. CDD agrees that it shall dispose of all treated Reuse Water delivered to it in a manner consistent with the terms and conditions of this Agreement, and all applicable federal, state and local environmental laws. CDD shall be responsible for the maintenance, operation and compliance with all regulatory requirements for the acceptance, storage and disposal of properly treated Reuse Water provided by Utility to the Point of Delivery. Upon request, CDD shall provide to Utility copies of the results of any effluent sampling, including, but not limited to groundwater monitoring samples and related reports to the DEP or other such agencies . All costs associated with CDD' s obligations hereunder shall be borne by CDD . CDD agrees that in the event permit restrictions are placed on Utility restricting Utility' s provision of water service, • wastewater service and Reuse Service and such restrictions require more -stringent- conditions-for land -application- of Reuse Water, then CDD agrees to comply with all such provisions which apply to CDD's side of the Point of Connection and such compliance shall be within the time restraints noted in Utility' s permit, providing that CDD is notified of such permit conditions immediately upon Utility' s receipt of such permit. CDD agrees to take necessary precautions to insure that reuse lines are properly identified and that cross-connection with potable water lines or services does not occur 6 . CONTINUING RIGHTS OF COD. CDD retains the right, following notice to Utility, to move, relocate and install new and/or additional Reuse Water Systems on the Property at its expense, provided, however, that such action shall not restrict Utility' s rights as created hereby . 7 . REVIEW OF CONSTRUCTION PLANS AND PERMITS . CDD shall provide Utility copies of all plans for the expansion of its Reuse • System within the Property for its review and approval . Such review shall be timely and approval shall not be unreasonably withheld . Utility shall be concerned particularly with the placement of reuse mains and their proximity to water and wastewater mains for future maintenance and Florida Department of Environmental Protection' s spacing criteria . Commencement of 5 • Exhibit "0" Page 6 of 13 construction of reuse mains shall not occur until the Utility' s acceptance 'of the plans and specifications is received . In addition , Utility must be provided with copies of all land application permits approving land ' application of Reuse Water to the Property. All such permits shall be consistent with the various disposal options for Reuse Water which are allowed under Utility' s DEP permit for effluent disposal for its Reuse Plant operations . 8 . CHARGE FOR REUSE WATER. In exchange for receipt of Reuse Water hereunder, and Utility' s receipt of a non surface water disposal alternative, CDD agrees to pay Utility ' s authorized and approved charge then in effect for the sale of such Reuse Water. The current charge is $ . 05 (five cents) per 1 , 000 gallons . 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 rates or rate schedules for such Reuse Water so established and enforced, provided that such rates shall at all times be reasonable and shall be subject to regulations by applicable governmental agencies . Rates charged to CDD shall at all times be identical to rates charged by Utility to others for the same classification of service . Utility • shall bill CDD either monthly or quarterly at its . option, for the actual number of gallons of Reuse Water provided to CDD by the Utility. Payment shall be made by CDD to the Utility within--thirty (30) days following receipt of the Reuse Water Bill . Failure of CDD to make payment within thirty (30) days shall subject the unpaid balance due utility to interest charged at the highest rate allowable under the law and to reasonable attorney's fees actually incurred in collection, or may result in a cancellation of Utility' s obligation to deliver Reuse Water, at the option of Utility . Should CDD request a test (bench or otherwise) of the Reuse Water meter (as defined below) , Utility will - require a deposit equal to the estimated actual cost of testing. If the meter is found to register in excess of the accuracy limits prescribed by the American Waterworks Association , the deposit will be refunded; if below such accuracy limits, the deposit will be retained by Utility as a service charge for conducting the test. Any excess charges previously paid by CDD to Utility hereunder, for a period not to exceed six ( 6) months , which can be attributed to such inaccuracy, shall be promptly refunded to CDD. Conversely, if it is determined that the meter is registering below accuracy limits , . the Utility shall be entitled to back bill the CDD for the estimated amount of the applicable undercharges . 9 . TERM. This Agreement shall be in effect in perpetuity. This Agreement may be terminated, however, by the Utility in the event of nonperformance of the obligations contained herein by the 6 Exhibit "D" Page 7 of 13 • CDD, or the bankruptcy of the COD. The term "CDD" herein contains the successor and assigns of the CDD. In the event that the CDD desires to sell its Reuse System as described herein, CDD hereby grants to the County a right of first refusal to acquire the assets of CDD's Reuse System at its depreciated original cost . Nothing herein contained , shall in any way effect, restrict , or otherwise enlarge the duties or options of the Utility as set forth in Section 190 . 046 , Florida Statutes, or any successor statute thereof . 10 . LICENSE TO INSPECT. CDD hereby grants Utility a non- exclusive license , during the term of this Agreement, to enter upon the Property, upon advance notice and at any reasonable time, and to review and inspect the practices of CDD with respect to conditions agreed to herein, including , but not limited to, compliance with all federal, state and local regulatory requirements ._ Such entry shall be allowed for the purpose of inspection of the operation and facilities constituting the Reuse System, for inspection of any Utility operated facilities, and for sampling of the Reuse Water utilized in the Reuse System and any monitoring wells located on the Property. CDD has the option ,of - having a representative accompany the Utility personnel on all such inspections . All such on-site monitoring shall be at Utility' s expense. 11 . INDEMNIFICATION. CDD hereby saves and holds County and . Utility harmless from and against any claims or demands made by appropriate county, state or federal - officials relative to .: compliance with regulatory requirements concerning application and -disposal of the Reuse Water, as well as against claims made by third parties for money .damages resulting from contact with such Reuse Water, provided, the Reuse Water delivered to CDD is properly treated as herein defined. CDD agrees to provide and maintain during the entire term of this Agreement, and any extension thereof, commercial general liability insurance coverages to include contractual liability and, only if available at reasonable rates, pollution liability coverage extension for limits as are standard in the industry for the operation of its Reuse System. Each party shall otherwise maintain their respective insurance coverages at their sole cost and expense . Any liability which may attach to the Reuse System or areas irrigated thereby under the Comprehensive Environmental Response Compensation and Liability Act of 1980 , as amended by the Super Fund Amendments and Reauthorization Act of 1986 , the Resource Conservation and Recovery Act, the Toxic Substances Control Act, or . other applicable environmental laws , will remain the responsibility of CDD unless Utility is determined liable for delivery of improperly treated Reuse Water which is the proximate cause of any such liability. 7 exhibit "D" Page 8 of 13 12 . DEFAULT. In the event of material breach by either party of its duties and obligations hereunder , the non-defaulting party shall be entitled to exercise all remedies at law or in equity, including, but not limited to, specific performance , in order to enforce the terms and provisions of this Agreement and recover any damages resulting from the breach thereof . In addition to these remedies, this Agreement shall be voidable , at Utility' s option, in the event CDD fails to: (a) Construct its Reuse System pursuant to the terms of this Agreement. (b) Accept Reuse Water in the quantities or at the times delivered by Utility pursuant to the terms of this Agreement; (c) Pay for Reuse Water on a timely basis as set forth herein; In the event of default by the CDD to perform in accordance with this Agreement, Utility shall have the right to take up and operate the Reuse System referenced herein, during the period of such default. Further, should the Utility' s operation of such system continue for a period of five years due to the inability or failure of. the CDD to perform in accordance herewith, then this Agreement shall operate as a Bill of Sale for such Reuse System by CDD to the County for Utility. Should the Utility take up and operate the Reuse System due to the CDD' s default, as referenced hereunder, then prior to the CDD' s re-taking of possession of the Reuse System, as one of cDD' s cure obligations , CDD shall pay to the Utility all of its costs associated with the facility' s operation, monitoring, and other activities associated with Utility ' s perfection of performance pursuant to this Agreement. Any cost of repair, replacement, or other associated costs during any period of default shall be borne by the CDD, it successors and assigns, and reimbursed to the Utility during any defaulting period, whether later cured or not . In the event it is necessary for either party to litigate in order to enforce its rights under the terms of this Agreement, then the prevailing party shall be entitled to reimbursement of its litigation costs , including but not limited to, reasonable attorney' s fees, including those caused by appellate proceedings, by the other party. 13 . FURTHER ASSURANCES . The parties agree that at any time after the execution hereof, they will, upon the request of the other party, execute and deliver such other documents and further assurances as may be reasonably required by such other party in order to carry out the intent of this Agreement. 8 4 •I • Exhibit "D" Page 9 of 13 14 . REGULATORY AUTHORITY . The provisions of this Agreement shall at all times be subject to the exercise of lawful regulatory authority . 15. ) OTICES : Until further written notice by either party to the other , all notices provided for herein shall be in writing and transmitted by messenger, by certified mail or by telegram, and shall be addressed as follows : To Developer: The Crossings at Fleming Island Community Development District c/o Gary L. Moyer, P.A. , District Manger 10300 N.W. 11th Manor Coral Springs , FL 33065 With a copy to East West Partners of Jacksonville, Inc. 5000 U. S. Highway 17 South Orange Park, FL 32073 and if to the Utility and/or the County at . Clay County, Florida 477 . Houston Street Green Cove Springs, FL 32043 . .Attention: County Manger with a copy to: Clay County Clerk of the Courts 825 North Orange Avenue Green Cove Springs, FL 32043 Clay County Water and Sewer Authority 782 Foxridge Center Drive Orange Park, FL 32065 All notices provided for herein shall be deemed to have been duly given upon the delivery thereof by hand to the appropriate address as evidenced by a signed receipt for same, or by the receipt of certified , return receipt, mail , or by courier service receipt therefor, evidencing delivery of such notice . 16. FORCE MAJEURE. Acts of God such as storms , earthquakes , land subsidence , strikes, lockouts or other industrial disturbances, acts of public enemy, wars , blockades, riots, acts of armed forces, delays by carriers, inability to obtain materials or rights-of-way, acts of public authority, regulatory agencies, or courts, or any other cause, whether the same kind is enumerated herein, not within the control of CDD, the County or Utility, in 9 4 ..: Exhibit "D" Page / 0 of 13 which by the exercise of due diligence, CDD, the County or' Utility is unable to overcome, which prevents the performance of all or any specific part of this Agreement , shall excuse performance of said part of this Agreement until such force majeure is abated or overcome . 17 . BINDING EFFECT. This Agreement, and the Grant of Easement executed hereunder, shall be binding upon and shall enure to the benefit of the parties hereto and their respective assigns and successors except as specifically provided herein neither party shall have the right to assign this Agreement without prior written consent of the other party , which consent shall not be unreasonably withheld. In the event of any such assignment, such assignee shall be required to assume , in writing, all other such assigned rights, duties and obligations under this Agreement . 18 . COUNTERPARTS . This Agreement may be executed in any number of counterpart, each of which shall be an original , but such counterparts shall together constitute but one and the same instrument . 19 . SEVERABILITY . If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement, absent material prejudice to one or the other party. 20.. _ IN PARI MATERIA . It is agreed by and between the parties hereto that all words, .terms, and conditions herein contained are to be read in concert, each with the other, and that a provision . contained :under one heading may be considered to be equally applicable under another heading in the interpretation of this Agreement. 21 . INDEMNITY. The CDD and the Utility agree that Clay County shall not be responsible for the performance of these obligations of the Utility provided herein, and the CDD holds Clay County harmless therefor. The joinder in this Agreement by Clay County is simply by reason of its ownership of the facilities operated by the Utility, and Clay County' s obligations hereunder shall be construed in that limited light. IN WITNESS WHEREOF, CDD and Utility have executed or have caused this Agreement , with the named Exhibits attached, to be duly executed. 10 Exhibit "D" Page 11 of ) 3 COD THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a non-profit corporation and ATTEST: Chapter 190, Florida Statutes, Community Development District, by its Board of Supervisors By: Clerk W. 0. Cannon, Its Chairman CLAY COUNTY, a political subdivision of the State of Florida , by its BOARD OF COUNTY COMMISSIONERS Attest: By: „John Keene, _Its Clerk Dale S . Wilson, Its Chairman CLAY COUNTY WATER AND SEWER AUTHORITY, • a Dependent Special District .of Clay County, Florida, by its Board of Supervisors Attest: By: John Keene, Its Clerk GERALD R. AGRESTI , Its Chairman STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me this . day of October, 1993 , by W. O. Cannon , Chairman, Board of Supervisors of The Crossings at Fleming Island Community 11 —.amp h • Exhibit "D" Page 12 of 13 Development District, on its behalf and with its authority, and who is personally known to me anq who did not take any oath. NOTARY PUBLIC State of Florida at Large My Commission Expires : STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me this day of October', 1993 , by Dale S . Wilson, Chairman, Board of County Commissioners, Clay County, Florida, on its behalf and with its authority, and, who is personally known to me and who did not take any oath. NOTARY PUBLIC State of Florida at Large My Commission Expires : STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me this day of October, 1993 , by Gerald R. Agresti, Chairman, Clay County Water and Sewer Authority, on its behalf and with its authority, and , who is personally known to me and who did not take any oath . NOTARY PUBLIC State of Florida at Large My Commission Expires : 12 ... 'I .�/ EXHIBIT "p" Page 13 of 13 EXHIBIT "B" • • MAP OF: REUSE •MAIN FROM REUSE PLANT TO POINT OF 'DELIVERY • -'s-H.:�rysr • _1 i • ' . t• ' • ;� •••rREAT£Q ErPluE.vr• ;�I is ' /i /' Nota„c FLot:TT is ., .�=;i . „• ISE£ SIff�T C.E.A) }' ID,/i-nr2 rf000s co it(F.,7 DL62:/i;"7••: • If 'JT(L/TY:E7.SEMENT' _. ! • _ � 5 ../ •.i.• _ {'1 • �E FQkCE LIMN WITH/Ni `` � •i)lV1 • V''. •. r! IT ER;QF.EA.SEuENTJ• i • , x•rS ty•x• -• (...:::o) 1 0 _ (! �- N )e759.062 �It t .:'SQ �� 1,.f1.22U • .....•• -. •-t (NOTE" 1) (,•1OTE n - ,..._.._ .. +_0� I± • JACX AND BORE 85 ?r- I.?STEEL - ' • • 1; CASING)BENEATH CCJNTT ROAD 220 . • • c !i :c• (SEE QET NI• . al SHEET C• '2), i 1 '1 ;it • . Rl1)H34i1ON_ —. _ • • E 2a :; .f ' • • . ... MAIN. • :_ is 1 I. • • - • c-r L.�'1Q 1 r. : •I: —i 3auTILIiY •-• It • EA�.SEuENT ITY°) 6:.�. ... _.._.. ..._. • li tt • f E 2±Sli.47 I • f'. Ot✓T.: I) . ± • f • i N 13167683 I 1 £ 205E2110 1 • I (NOTE I) • /f;-SDR /8• -•-. . . . ! F:�CE mA i f - • -i }......_ .. • • A A R j • , . (V &jTH QIRECT1Q115 . ' : OlL D JOINT SCH E Ds •� 1 2 C:.° .PLUG FQR I . .' ,..— FiJTUR.E •CoNN•ECTJOA.,. - .. 1' cC t)7O5.21< I{l £ 2t8>3J.3T ` 1 _J I,•• _ • PROPOS:Q 30ESEMENT �I . .. __.-_•-- ----�----- i 1*`.:. -�•r.`• 'jri ill 7.-:a:.El lu_-{tlr!El'r'tlrti"�., riIlt5: I I• 1;IM1 I!Y Wa G ANAL : JI f.�/ iiI - 48•tu/NJ 3a. ! • ± AyT ' • lnJ, •L turNJ i i rtµv 1 CLAY COUNTY UTILITY AUTHORITY RESOLUTION NO. 2025/2026-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY ESTABLISHING UTILITY DISTRICTS; ADOPTING, AMENDING AND RESTATING WATER AND WASTEWATER UTILITY RATES AS PREVIOUSLY ADOPTED IN RESOLUTIONS NO. 94/95-14, NO. 94/95- 18, NO. 94/95-21,NO. 94/95-23,NO. 95/96-04,NO. 96/97-01, NO. 97/98-01, NO. 98/99-01, NO. 99/00-01, NO. 99/00-05, NO. 99/00-06, NO. 2000/2001-01, NO. 2000/2001-07, NO. 2000/2001-08, NO. 2001/2002-01, NO. 2003/2004-01, NO. 2004/2005-01, NO. 2005/2006-01, NO. 2005/2006-04, NO. 2006/2007-01, NO. 2007/2008-01, NO. 2008/2009-01, NO. 2009/2010-01, NO. 2010-2011-01, NO. 2011-2012-01, NO. 2012-2013-01, NO. 2013-2014-01, NO. 2014-2015-01, NO. 2015-2016-01, NO. 2016/2017-01, NO. 2017/2018-01, 2018/2019-01, NO. 2019/2020-01, NO. 2020/2021-01, 2021/2022-01, NO. 2022/2023-01, NO. 2023/2024-01, 2024/2025-01, AND 2024/2025-04; ADOPTING, AMENDING AND RESTATING SERVICE AVAILABILITY POLICY; ADOPTING, AMENDING AND RESTATING FIRE HYDRANT METER POLICY, PROCEDURES AND RATE SCHEDULE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1994, the Clay County Utility Authority (hereinafter, the "Authority" or "Utility") came into existence pursuant to Chapter 94-491, Laws of Florida, Special Acts of 1994 (the"Act"); WHEREAS, on its effective date,the Authority acquired certain water and wastewater utility assets previously acquired or owned by Clay County, Florida, said assets being now known as the Clay County Utility Authority Water and Wastewater System (hereinafter "Utility" or "System"); WHEREAS,on its effective date,by its Resolution No. 94/95-6,subsequently extended on December 20, 1994, by its Resolution No. 94/95-12, the Authority ratified and continued on an interim basis its policies and procedures concerning rates, fees and charges, and its service availability policy, as had been previously adopted by the Clay County Water and Sewer Authority, the Authority's predecessor in interest to the System; WHEREAS, on February 21, 1995, the Authority adopted effective as of February 27, 1995, Resolution No. 94/95-14, setting forth its standing policies establishing just, fair and equitable rates, fees and charges for the effective and efficient administration of Utility; WHEREAS, on May 16, 1995, the Authority adopted Resolution No. 94/95-18, amending in part Resolution No. 94/95-14, providing for amendment of charges and disposal of domestic septic tanks, portable toilet, and landfill lechate, providing further for amendment of charges for reconnection of wastewater system users, and the Authority is authorized to adopt water and wastewater rates, fees, and charges, and providing further for an amendment to the service availability policy with respect to septage disposal; WHEREAS, on September 5, 1995, the Authority adopted Resolution No. 94/95-21, providing for,among other things,the maintenance of security deposits and alternatives thereto with respect to customer accounts; 1 CCUA RESOLUTION NO. 2025/2026-01 WHEREAS, on September 17, 1995, the Authority adopted Resolution No. 94/95-23, amending and restating in their entirety its standing policies establishing just,fair and equitable rates, fees and charges for the effective and efficient administration of Utility for fiscal year 1995-1996; WHEREAS, on February 20, 1996, the Authority adopted Resolution No. 95/96-4, amending and restating Paragraph 5, "ON-SITE IMPROVEMENTS" of its service availability policy, as previously adopted and amended in Resolutions No. 94/95-14, No. 94/95-18, No. 94/95-21, and No. 94/95-23; WHEREAS,on August 5, 1997,the Authority authorized the acceptance and operation of the McRae Landing Water Treatment System, and the Board of County Commissioners for Clay County, Florida, by their action of August 12, 1997, Clay County Resolution No. 96/97- 86, authorized and approved the acquisition of the same, and on September 4, 1997, the Authority accepted the transfer of the McRae Landing Water Treatment System, and such system is included as a part of the West Clay System (formerly the Clay System) for rate purposes; WHEREAS,on September 4, 1997,the Authority authorized the operation of the Eagle Harbor Water and Wastewater Treatment Systems, pursuant to that one certain Operation and Maintenance Agreement between the Authority and THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, F.S. Community Development District; WHEREAS, on March 3, 1998, the Authority adopted its policy regarding the reuse of treated wastewater effluent (hereinafter, "reuse water" or "reclaimed water"), as regulated by the Florida Department of Environmental Protection ("FDEP") under Chapter 62-210, FAC, as amended, as an alternative source of irrigation, and established rates with respect thereto, all of which was formalized by the Authority's adoption of Resolution No. 97/98-07; WHEREAS, on March 17, 1998, the Authority adopted Resolution No. 97/98-08, amending its service availability policy previously adopted, amended and restated in Resolution No. 97/98-01, to provide for, among other things, the requirement that applicants for service with the Authority's System first sign a letter agreement in the form directed therein, prior to the Authority applying for a FDEP permit for such water and/or wastewater facilities relating to the applicant's project; WHEREAS, on May 19, 1998, the Authority adopted an amended and restated policy regarding reuse water as an alternative source of irrigation, and restated rates with respect thereto, all of which was formalized by the Authority's adoption of Resolution No. 97/98-10; WHEREAS, on June 16, 1998, the Authority adopted Resolution No. 97/98-11, adopting its Pretreatment Program (herein so called) in compliance with FAC section 62- 625.500(a), for the purpose of preventing discharges to the wastewater treatment facilities of the Authority by industrial users and others which would potentially interfere with the operation of such facilities, and to prevent discharges which would pass through or otherwise be incompatible with the Authority's wastewater treatment facilities; WHEREAS, on August 18, 1998,the Authority adopted its Golden Opportunities Plan as Resolution No. 97/98-12(renumbered from Resolution No. 97/98-11),providing for,among other things, an extended period of time for retired ratepayers on a fixed income and who are in excess of age 62 years to pay monthly utility charges as the same come due; 2 CCUA RESOLUTION NO. 2025/2026-01 WHEREAS,on September 1, 1998,the Authority authorized an increase in the term of a refundable agreement entered into under Paragraph 8 of the Authority's service availability policy, for the equitable refund for the cost of certain offsite improvements made by a developer/applicant to the Authority's System, under the conditions set forth therein, to an initial term of ten(10)years,followed by a subsequent extension term of an additional ten(10) years as permitted therein; WHEREAS, effective November 3, 1998, the Authority accepted the transfer of the Water and Wastewater service rights and related distribution and collection facilities for The Point Condominiums and Whitney's Marina, subject to an interim operating period to allow for the completion and connection of such users to the Authority's central Water and Wastewater systems, which has since been completed, and such system is included as a part of the Kingsley System for rate purposes; WHEREAS, effective January 5, 1999, the Authority accepted the transfer of The Ravines PUD Water and Wastewater Treatment, Collection and Distribution Systems, and such systems are included as a part of the Mid-Clay System for rate purposes; WHEREAS, on January 5, 1999, the Authority adopted Resolution No. 98/99-07, which restated and corrected Sections 12 and 13 of the Service Availability Policy dealing with installation of potable water meters and fees and charges for installation of reuse water meters, respectively; WHEREAS, on April 6, 1999, the Authority adopted Resolution No. 98/99-08, which amended the method for determining and calculating equivalent residential connection factors for water, reuse water and wastewater services for Hotel/Motel establishments (not including food service, banquet, meeting room and guest laundry facilities); WHEREAS, on May 4, 1999, the Authority adopted Resolution No. 98/99-09, which formally adopted and amended the Authority's "In-Fill Projects Fund Policy", thereby supplementing the Authority's Service Availability Policy; WHEREAS, on June 1, 1999, the Authority adopted Resolution No. 98/99-10, which formally adopted the Authority's "Middleburg Service Area Development Policy," thereby supplementing the Authority's Service Availability Policy; WHEREAS, on March 21, 2000, the Authority adopted Resolution No. 99/00-05, adding a new subsection (12) to Section 3 of the existing Rate Resolution (defined below) for the Authority, regarding the imposing of liens for unpaid service availability fees, and renumbering prior subsections (12) through (15), inclusive, of that section, to existing subsections (13) through(16), inclusive; WHEREAS, the Authority has adopted an amended and restated "Cross-Connection Control Policy"by its informal action of April 4,2000,which amended said policy as originally adopted on April 14, 1995; WHEREAS,by its action on July 3, 2001,after public notice and hearing,the Board of Supervisors for the Authority adopted Resolution No. 2000/2001-08, adopting rules to implement the application, processing and issuance of permits for water distribution and wastewater collection system mains 12" in diameter and smaller in size; and amending and supplementing in part Resolution No. 2000/2001-01 by adopting permit application fees; WHEREAS,by its action on October 2,2001,after public notice and hearing,the Board of Supervisors for the Authority adopted Resolution No. 2001/2002-01, adopting its annual rate resolution for that fiscal year, its service availability policy, and its new fire meter hydrant policy and procedures; 3 CCUA RESOLUTION NO. 2025/2026-01 WHEREAS, the Authority has since, after published notice and rate hearings, adopted its annual schedule of rates for water, wastewater and reuse water, for its various districts; WHEREAS, the Authority acquired the Keystone Heights system from Florida Water Services Corporation, on or about May 7, 2003, based on previously adopted Authority resolutions and formal approval of the expansion of the Authority's systems by the Board of County Commissioners for Clay County, Florida; WHEREAS, on August 1, 2006, the Authority informally approved an increase in the charge per thousand gallons of septic waste charge for septage treatment,and a formula change to the calculation of the charge for excess strength waste to more accurately reflect the actual impact of Authority facilities, to be effective beginning Fiscal Year 2006/2007; WHEREAS, on August 1, 2006, the Authority informally approved an increase in a number of service charges, rates and fees to be included in the published schedule for the Authority's Public Rate Hearing and to be used effective beginning Fiscal Year 2006/2007; WHEREAS, by its action on November 20, 2007, the Board of Supervisors for the Authority adopted Resolution No. 2007/2008-06, formally adopting its PRETREATMENT RESOLUTION ENFORCEMENT RESPONSE PLAN; WHEREAS,by its action on June 1,2010, adopting Resolution No. 2009/2010-07, the Board of Supervisors for the Authority amended Section 12.(1) of the Authority's Rate Resolution, entitled "DETERMINATION OF EQUIVALENT RESIDENTIAL CONNECTION FACTORS FOR WATER, REUSE WATER AND WASTEWATER SERVICES," previously established under Resolution No. 2009/2010-01, adopted effective October 1,2009,was amended in part to add a new Establishment category of"Laundry(Self- Service with Water Efficient Front-Loading Commercial Washer)," and having an assigned ERC Factor of 0.520; WHEREAS, on September 21, 2010, the Authority informally approved the Septage Haulers Disposal Deposit Policy requiring an upfront security deposit and for the payment of domestic waste disposal service it renders, to be effective beginning Fiscal Year 2010/2011; WHEREAS, on September 21, 2010, the Authority informally approved the Miscellaneous Receivable Policy that allows for a nonpayment fee equal to the Miscellaneous receivables that water/sewer receivables pay for payments not received by their due date,to be effective beginning Fiscal Year 2010/2011; WHEREAS, on September 21, 2010, the Authority informally approved the Disability Assistance Plan for disabled customers who do not meet the Golden Opportunities Plan, to be effective beginning Fiscal Year 2010/2011; WHEREAS, on September 21, 2010, the Authority informally approved a new policy requiring refund checks to be issued to the spouse or personal representative of a deceased customer, to be effective Fiscal Year 2010/2011; WHEREAS, on September 21, 2010, the Authority informally approved a service charge plus recording fees to be charged to a customer who has a lien placed on their property, to be effective Fiscal Year 2010/2011, currently in effect as set forth in Exhibit"A"; WHEREAS, on September 21, 2010, the Authority informally approved a service charge for delinquent customers with flat-rate sewer accounts, to be effective Fiscal Year 2010/2011, currently in effect as set forth in Exhibit"A"; 4 CCUA RESOLUTION NO. 2025/2026-01 WHEREAS, the Authority by its informal action on January 4, 2011, implemented Customer enrollment into an Auto Debit Program for Customers desiring to utilize recurring automatic payment withdrawals of incurred rates, fees and charges, for qualifying Customers; WHEREAS, on January 18, 2011, the Authority informally approved the excess usage adjustment covering the initial thirty(30) day watering period for new sod for Customers who successfully complete a water conservation assessment to receive a water adjustment capped at tier 2; WHEREAS, on January 18, 2011, the Authority informally approved the excess usage adjustment for a pool fill capped at tier 2; WHEREAS, on March 1, 2011, the Authority informally approved use of a period adjustment factor formula to take into account long and short billing periods off of the base 30-day period, and provided for corresponding adjustment of Customer accounts; WHEREAS, by its formal action on August 2, 2022, the Authority amended and restated its Clay County Utility Authority Pretreatment Program With Respect To General Sewer Use And Pretreatment Of Wastewater,in order to comply with legislative changes under F.S. s. 403.0741, and further modified said policy by its informal action as to the FOG BMP Policy for hydromechanical grease interceptor device maintenance requirements on September 20, 2022, which actions together superseded prior Authority Resolution Nos. 2011/2012-06, 2003/2004-07, and 97/98-11; WHEREAS, on July 2, 2013, the Authority informally approved and authorized staff use and implementation of a Criteria for Customer Returned Check Service Charge Waiver for qualifying Customers; WHEREAS,on September 3, 2013,the Authority informally approved revisions to the Authority's Septage Haulers Disposal Deposit Policy, Miscellaneous Receivable Policy, and Domestic Waste Application, to be effective as of October 1, 2013; WHEREAS, on October 1, 2013, the Authority amended, restated, and adopted its rates, fees, and charges, Service Availability Policy, and Fire Hydrant Meter Policy, for the System or Utility owned and operated by the Authority within its territorial boundaries as located in parts of Bradford, Clay, and Duval Counties, Florida, by the adoption of Authority Resolution No. 2013/2014-01 (the "Rate Resolution"), by the formal action of the Board of Supervisors (herein so called)of the Authority; WHEREAS,on December 3,2013,the Board of Supervisors of the Authority by formal action adopted Resolution No. 2013/2014-05, which adopted the Authority's As-Built Specifications— Standards Manual; WHEREAS, a water utility system connection charge is a funding mechanism that a local government may utilize to pay for improvements to its water utility that are necessary to serve new growth; WHEREAS, in order to be constitutional, connection charges must satisfy a dual rational nexus test; WHEREAS, the dual rational nexus test requires a local government, in this case the Authority, to show a reasonable nexus between the Authority's need for additional capital facilities and the new construction and that a special benefit is conferred upon the charge payers; WHEREAS, the calculation of the initial Alternative Water Supply connection charge ("AWS Connection Charge") effective October 1, 2015, was based upon the most recent and localized data, as evidenced by the Reclaimed Water Deficit & Augmentation of Reclaimed 5 CCUA RESOLUTION NO. 2025/2026-01 Water System Projection Study on Long Term Water Supply dated December 2014, prepared by Ray O. Avery, Utility Consultant for the Authority, as supplemented and confirmed by subsequent Utility staff and management analyses and projections, which are on file with the Authority; WHEREAS,the accounting of the AWS Connection Charge revenues and expenditures are reported in a special and segregated revenue fund entitled "AWS Connection Charge Fund"; WHEREAS, the initial amount of the AWS Connection Charge for Fiscal Year 2015/2016 was informally adopted by the Authority Board at a public meeting held on September 15, 2015, and was formally ratified and adopted by the Authority Board at a public meeting on October 6, 2015, to be effective October 1, 2015, by Resolution No. 2015/2016- 01; WHEREAS, the initial amount of the SJRWMD Black Creek Water Resource Development Project Connection Charge for Fiscal Year 2021/2022 was informally adopted by the Authority Board at a public meeting held on August 3, 2021, to be effective October 1, 2021, by the Board's formal adoption of Resolution No. 2021/2022-01; WHEREAS, the SJRWMD Black Creek Water Resource Development Project Surcharge, also informally adopted by the Authority Board at a public meeting held on August 3, 2021, to be effective October 1, 2021, by the Board's formal adoption of Resolution No. 2021/2022-01, was imposed over a two-year period, with collection of surcharge payments completed by the Authority in September,2023,and the corresponding liability therefor having been satisfied by the Authority in November,2023; WHEREAS, also by its adoption of said Resolution No. 2021/2022-01, the Authority adopted its policy for deferral of certain charges and for the availability of master metering for workforce housing developments, as further defined and currently set forth in detail in paragraph numbers 33 and 34 of Attachment 1, being the Service Availability Policy attached to this Resolution; WHEREAS, by its informal action on September 6, 2022, the Authority confirmed its willingness to allow for master metering of multi-family residential projects on the basis as set forth in current paragraph 35 of Attachment 1, being the Service Availability Policy attached to this Resolution; WHEREAS,on September 19,2023,the Authority adopted Resolution No. 2022/2023- 08, which formally adopted the Authority's Lake Asbury Master Plan Area, defined below as "LAMPA", to be effective on December 19, 2023, thereby supplementing Resolution No. 2023/2024-01 and the Authority's Service Availability Policy for Fiscal Year 2023-2024 and from and after that specified effective date; WHEREAS,on October 1, 2024,the Authority adopted Resolution No. 2024/2025-01, establishing its rates, fees, charges, and Service Availability Policy for Fiscal Year 2024/2025, as amended by Resolution No. 2024/2025-04, adopted by the Authority on November 6, 2024, ttunc pro tunc to be effective as of October 1, 2024; WHEREAS, the Authority's annual budget for Fiscal Year 2025/2026, beginning effective October 1, 2025, and continuing through September 30, 2026, incorporates anticipated revenues and expenditures for all systems to be operated by the Authority for such period, and it is necessary and appropriate for the Authority to adopt rates and charges consistent with said budget; WHEREAS, the Authority finds that it is in its best interest, and that of the ratepayers of the System as a whole, to adopt, amend and restate in their entirety its standing policies which will establish the terms and conditions of service availability of the System to users or 6 CCUA RESOLUTION NO. 2025/2026-01 potential users thereof,and its previously adopted just,fair and equitable rates,fees and charges for Fiscal Year 2025/2026, for the effective and efficient administration of Utility; WHEREAS, the Authority has complied with the public notice and public hearing requirements imposed upon it by applicable law in all instances with respect to the formal action of its Board of Supervisors hereunder; and the Authority has previously published notice of its September 8, 2025, annual public rate hearing in accordance with applicable law; WHEREAS, the Authority conducted its annual public rate hearing on September 8, 2025, commencing at 7:00 p.m., at which time, the Board of Supervisors considered the proposed Fiscal Year 2025/2026 rates, fees,charges, budget, and five(5)year capital plan,and welcomed public comment on the same; and WHEREAS, with the commencement of a new Fiscal Year, it is therefore necessary and appropriate that the Board of Supervisors for the Authority adopt its Fiscal Year 2025/2026 rates, fees, charges,budget, and five(5)year capital plan, to be effective on October 1, 2025. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY,THAT THE RATE RESOLUTION AND SERVICE AVAILABILITY POLICY OF THE AUTHORITY ARE HEREBY ADOPTED, AMENDED AND RESTATED IN THEIR ENTIRETY, TO-WIT: SECTION 1. TITLE. This Resolution may be cited as the "Water and Wastewater Utility Rate Resolution", or the "Rate Resolution." SECTION 2. DEFINITIONS. When used in this Rate Resolution, the following terms (whether capitalized or not within this Rate Resolution and/or any attachment, exhibit, or schedule thereto) shall be defined to mean (note, some referenced terms are defined later in this Section 2). (1) "Administrative Fee" means a fee or charge imposed on "Flex Rental Space Developments" as defined below in Paragraph 30 of the Service Availability Policy, see Attachment 1, which is hereby incorporated by reference. "Administrative Fee" shall be synonymous and may be used interchangeably with the term"Service Fee." (2) "Alternative Water Supply"or"AWS"means any sustainable water source that does not originate from the upper Floridian Aquifer. (3) "Applicant"means the owner of real property or the person or legal entity which has the legal right to utilize real property by means of any form of ownership which real property the Applicant desires to be served by water service, reuse water service, wastewater service or any combination thereof. The terms "Applicant," "Developer" and "Property Owner" are synonymous and may be used interchangeably herein. An Applicant will typically sign a "Developer Agreement" with Utility covering that Applicant's Property, as well as an Application. However, in some instances tenants or owners of subdivided portions of the Applicant's Property will be required to sign their own Application or Developer Agreement for Utility service. (4) "Application" means a written request from an applicant requesting that, pursuant to a Utility Agreement, specific water service, reuse water service and/or wastewater service be provided to and for certain real property. (5) "As-Built Specifications — Standards Manual", means the Authority's previously adopted policy, procedures, and technical standards and specifications pertaining 7 CCUA RESOLUTION NO. 2025/2026-01 to CADD and "As-built survey plans", as further described in Paragraph 17 of the Service Availability Policy, which is hereby incorporated by reference. (6) "Attachment 1" means the Authority's "Service Availability Policy", being herein so called, which is attached hereto and incorporated by reference. (7) "Attachment 2" means the Authority's "Fire Hydrant Meter Policy Rate Schedule", being herein so called, which is attached hereto and incorporated by reference. (8) "Attachment 3" means the Authority's "Commercial ERC Factors Table", being herein so called,which is attached hereto and incorporated by reference. (9) "AWS Connection Charge"means an equitable and proportionate charge made at the time service is newly requested to cover the growth-related capital cost of construction for the AWS supply, transmission, ground storage facilities, pumping facilities, treatment facilities, and distribution system required to develop and provide AWS service to new connections to the water system by new users. This charge may sometimes also be referred to simply as the"AWS Charge" or"Alternative Water Supply Charge". (10) "AWS Connection Charge Fund"means the segregated and restricted fund into which AWS Connection Charge revenues are deposited, to be used exclusively for expanding AWS facilities and/or capacity, or for the payment of debt service on obligations issued to build expanded AWS facilities and capacity. (11) "AWS Surcharge" means an amount added to every potable water bill to support the development of Alternative Water Supply to augment and replace current water supplies that are or will be depleted over time. This surcharge can be applied to the feasibility of AWS technologies and projects as well as the design and construction of projects that could produce sustainable water supplies. (12) "AWS Surcharge Fund" means the segregated and restricted fund into which AWS Surcharge revenues are deposited, to be used exclusively for AWS infrastructure costs and expenses. (13) "Capacity Charge" means a fee or charge paid to Utility by an Applicant to obtain water, reuse water and/or wastewater service capacity. Capacity Charges, sometimes previously referred to as connection charges, are utilized for expanding the corresponding facilities and/or capacity of the System,or for the payment of debt service on obligations issued to acquire excess plant and capacity or to build expanded plant and capacity. The term does not include the costs of collection or distribution facilities or facilities on the Customer side of the point of delivery, nor the costs of capital improvements incurred to merely overhaul or renovate existing facilities which do not increase System capacity as a result of such renovation. "Water Capacity Charge", or variations thereof, shall refer specifically to that fee or charge with respect to Utility's potable water system, "Wastewater Capacity Charge" or "Sewer Capacity Charge", or variations thereof, shall refer specifically to that fee or charge with respect to Utility's wastewater or sewer system,and"Reclaimed Water Capacity Charge", or variations thereof, shall refer specifically to that fee or charge with respect to Utility's reclaimed water system. (14) "Collection facilities" means the lines, pipes, and appurtenant facilities, or whatever type or nature, used to collect sewage from sewer facilities, buildings, structures or facilities and to transmit it to wastewater transmission facilities. (15) "County", unless the context clearly indicates otherwise, means Clay County, Florida, a political subdivision of the State of Florida. However, if a particular Property is situated outside of Clay County, Florida, then"County" shall refer to the county in which that particular Property is situated. 8 CCUA RESOLUTION NO. 2025/2026-01 (16) "Customer" means any person, firm or corporation who has entered into an agreement to receive water, reuse water and/or wastewater service from Utility and who is liable for the payment of that water and wastewater service. "Customer" may also be synonymous with the term"Applicant". (17) "Customer Connection Charge(Tap-In)"means Authority's fixed fee quotation based on its estimate of the approximate cost to design,permit and construct a connection point to Authority's existing facilities and extension of such facilities to Developer's property utilizing Utility's own staff. "Customer Connection, Water (Tap-In)", or variations thereof, shall refer specifically to that fixed fee with respect to Utility's potable water system, "Customer Connection Charge, Wastewater (Tap-In)" or "Customer Connection Charge, Sewer (Tap-In)", or variations thereof, shall refer specifically to that fixed fee with respect to Utility's wastewater or sewer system, and "Customer Connection Charge, Reclaimed (Tap- In)", or variations thereof, shall refer specifically to that fixed fee with respect to Utility's reclaimed water system. (18) "Debt Service Charge" means a restricted charge designed to reduce the Authority's total long-term debt. All funds collected from the Debt Service Charge must be used to reduce long-term debt. The Debt Service Charge is calculated by: (i) first calculating the Authority's weighted average cost of capital,plus two(2)percentage points;and(ii)second multiplying the rate calculated in step (i), above, by the sum of the Plant Capacity Charge per ERC for water and wastewater service. The product from step (ii), above, represents the Debt Service Charge per ERC. Utility's staff shall review the Debt Service Charge annually. Any recommended adjustments to the Debt Service Charge shall be clearly identified and included in the Authority's proposed budget for the next fiscal year. (19) "Deferred Capacity and Connection Charges"means and shall refer to Utility's Capacity Charges, AWS Connection Charge, and Environmental Impact Charge,as applicable to a specific Property being developed by an Applicant pursuant to the express provisions of Paragraph 35 of the Service Availability Policy, see Attachment 1, which is hereby incorporated by reference. (20) "Distribution facilities" means the lines, pipes, meters, and appurtenant facilities, of whatever type or nature,used to distribute water and/or reuse water to Customers. (21) "Effluent disposal facilities" means those wastewater facilities necessary to detain, transmit, store, and dispose of wastewater previously treated at treatment facilities. (22) "Environmental Impact Charge" means a fee or charge paid by an Applicant to Utility for a Property which utilizes Utility's wastewater system but does not have or does not utilize Utility's reclaimed water system. (23) "Equivalent residential connection" or "ERC" means a factor used to convert a given average daily flow (ADF) to the equivalent number of single-family residential connections. (24) "Exhibit `A' means the attached previously published schedule of rates, fees, and charges imposed by the Authority for the current fiscal year of operations, commencing on October 1 of the current calendar year and ending on September 30 of the following calendar year, which is hereby incorporated by reference. (25) "Fire Protection Capacity Charge" means a one-time initial capacity cost recovery charge assessed to Customers who have fire lines or standpipes located upon or within their premises or privately-owned hydrants maintained by Utility as set forth in attached Exhibit "A". (26) "Facilities" or "installations" means by way of illustration and not limitation, all wells, equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations, 9 CCUA RESOLUTION NO. 2025/2026-01 laterals, service connections, and any all appurtenances thereto together with all real property, easements, and rights-of-way necessary to provide water, reuse water and wastewater service to property whether located on-site or off-site. (27) "Inspection Fee" means the fee or cost assessed by Utility to Applicant for Utility's inspector, inclusive of related expenses, costs and overhead, to be on the Property at all times during all phases of construction to monitor and inspect the work of an outside contractor on Utility facilities which are to be accepted, owned, and operated by Utility upon completion of the project. See the Service Availability Policy, Attachment 1, which is incorporated by reference. (28) "Main Extension Charge" means a fee or charge collected by Utility from an Applicant for the purpose of reimbursing previous Developer(s) or Utility for the cost of extending collection and/or distribution facilities of the System, which Utility determines that Applicant benefits from. "Main Extension, Water", or variations thereof, shall refer specifically to that fee or charge with respect to Utility's potable water system, "Main Extension, Wastewater" or "Main Extension, Sewer", or variations thereof, shall refer specifically to that fee or charge with respect to Utility's wastewater or sewer system, and "Main Extension,Reclaimed",or variations thereof,shall refer specifically to that fee or charge with respect to Utility's reclaimed water system. (29) "Meter" means a device used to measure water and reuse water delivered to "point of delivery" by Utility. (30) "Plan Review Fee" means a fee or charge assessed and paid by the Applicant to Utility to fully reimburse Utility for its entire cost and expense incurred in reviewing the plans prepared by the Applicant's design engineer,such cost to include all overhead associated with such review and Utility's cost for a review engineer hired or contracted with by Utility for such purpose. (31) "Point of Delivery" means the designated point at which the Applicant's Property is connected to Utility's water facilities, reclaimed water facilities and/or wastewater facilities, which is typically the meter for water and reclaimed water service, and the lot line for sewer service. (32) "Private Fire Protection" means the existence of separate fire connections, standpipes with hose attachments and automatic fire sprinkler systems which serve a Customer. (33) "Private Fire Protection Charge" means the fee or charge assessed to and paid by Applicant to Utility for direct fire main stubs to an Applicant's Property for purposes of internal fire sprinkler system to provide the availability of a specified G.P.M. of flow for fire protection. This charge is imposed to assist Utility in providing the excess reserve plant capacities required for the fire flow to an Applicant's Property. In instances where the existing mains are not capable of carrying the fire flow requested, upon request Utility shall provide an estimate of additional charges to alter the existing fire mains to accommodate Applicant's fire flow requirements, and the additional charges for such alterations shall be reimbursed by Applicant in addition to the Private Fire Protection Charge. (Refer to Service Availability Policy, Attachment 1, Paragraph 22). (34) "Property" means the real property owned or controlled by an Applicant for which water service capacity allocation, reuse water service capacity allocation, wastewater service capacity allocation, or both, is requested. (35) "Reclaimed Meter Installation Charge"means the fixed charge to be paid by an Applicant for the reclaimed water meter and for installation of the reclaimed water meter as set forth in Exhibit"A"attached hereto and made a part hereof. Such charge only includes the installation of the meter and stub-out pipe from the meter and does not include any other charges associated with the installation of other service or the charges associated with tapping 10 CCUA RESOLUTION NO. 2025/2026-01 into the water main. To the extent a service installation is required to provide Customer utility service, the charges for such installation, including the installation of the reclaimed water meter, will be based on the estimated cost of the installation, regardless of meter size. In no event shall such charge be less than the meter installation charges shown above. The reclaimed water meter installation charges, and any such additional charges, are due and payable at the time Customer makes an application for service. (36) "Reclaimed Water" or"Reuse Water" means wastewater effluent that has been appropriately treated and is suitable for a controlled irrigation use by and for agricultural, commercial,residential,or industrial developments or other appropriate uses, or any successor regulations thereto. (37) "Recording Fee" means the Clerk of the Court's imposed recording fees, documentary stamp taxes, and surcharge for electronic recording (i.e., "e-recording") of documents in the public records of the county in which the Property is situated, for which the Applicant shall be fully responsible. Typical recorded documents related to Utility service are developer agreements between the Applicant or Developer and Utility, grants of easements, quit claim deeds, right-of-way grants and agreements, notices, notices of lien, releases, subordinations, amendments and/or supplemental agreements, and the like, which documents may be required by Utility as a condition of new or continued service. Corrective documents, required to be recorded due to no action or fault of the Applicant or the Customer, shall be recorded at the cost of Utility. If land, easement, or right-of-way rights are being purchased by Utility, the Executive Director of the Authority, subject to approval by the Board of Supervisors of the Authority, shall have the right to negotiate as to which party shall bear the Recording Fee, or components thereof. (38) "Service capacity" for water, reuse water or wastewater means the rate of flow on an average daily basis measured in gallons per day, which can be handled according to a water, reuse water or wastewater facilities design. (39) "Service lines" means the pipes of Utility that are connected from the mains to the Point of Delivery. (40) "Service rates" or "Rates" means Utility's applicable schedules of rates and charges for water, reuse water and wastewater services which may be in effect from time-to- time. (41) "Sewer" or"Wastewater" means a combination of any type of the water-carried wastes from residences, business buildings, institutions, industrial establishments, any and all other Customers' facilities, together with such ground, surface and storm waters as may be present, but does not mean or include any hazardous or toxic wastes which may be damaging to environmental health due to toxicity, ignitability, corrosivity, chemical reactivity, radioactivity, or infectious characteristics. (42) "SJRWMD Black Creek Water Resource Development Project Connection Charge per ERC" means the cost recovery charge to future customers of the Authority after September 30, 2021, for the cost participation in the St. Johns River Water Management District ("SJRWMD") Black Creek Water Resource Development Project. The Authority's Board of Supervisors approved funding participation in the SJRWMD's Black Creek Water Resource Development Project to address impacts to Lakes Brooklyn and Geneva in Keystone Heights Florida, attributed to future customers' water use. (43) "Transmission lines" means those lines and appurtenance facilities used to either transmit wastewater from the collection system to the Wastewater treatment plant to the distribution system. (44) "Utility" or "System" means the Clay County Utility Authority Water System, Reuse Water System and Wastewater System as may be operated and controlled by the 11 CCUA RESOLUTION NO. 2025/2026-01 Authority or its designee or assignee pursuant to Chapter 94-491, Laws of Florida, Special Acts of 1994, which shall include the Pier Station Community Water System defined in Sec. 19-351 Clay County Code, but which shall not include the facilities serving the Food Lion Warehouse Site(Bayard Facilities)which is owned by the County, and which is the subject of an Operating and Maintenance Agreement between the County and the City of Green Cove Springs, and all additions to Utility or the System from the October 1, 1994 effective date of its enabling act. (45) "Utility District" means the jurisdictional limits of the Authority as set forth and defined in Chapter 94-491,Laws of Florida, Special Acts of 1994. For identification purposes, that portion of the System originally acquired by the County from Kingsley Service Company, together with any additions thereto, shall be designated the "Kingsley District"; that portion of the System originally acquired by the County from Clay Utility Company, together with any additions thereto, shall be designated the "West Clay District" (formerly known as the "Clay District");that portion of the System originally acquired by the County from Mid-Clay Service Corp. shall be designated the "Mid-Clay District", which shall also include service to The Ravines PUD in Middleburg, and the Spencer development area. Mid-Clay District shall further include the water service only users in what is commonly known as the Lake Asbury residential area of Clay County, who may be billed at rates, fees and charges different from those charged to other classes of users within the Mid-Clay District; and that portion of the System transferred to the Authority by the County on October 1, 1994, known as the Pier Station Community Water System defined in Sec. 19-351 Clay County Code, shall be designated the "Pier Station District", which shall be included with the Kingsley District for rate purposes. The service territory acquired from Florida Water Services Corporation, situate in Keystone Heights, Florida, a municipality, and in the surrounding areas outside of that municipality, together with any additions thereto, shall be subject to its own water rate schedule, and shall be known as the "Keystone District" or"Keystone Water System" for that purpose, and shall be included in the Mid-Clay District for purposes of wastewater rates. (46) "Water Meter Installation Charge" means the charge imposed on each Applicant for the water meter and for installation of the water meter as set forth in Exhibit"A" attached hereto and made a part hereof. Those charges only include the installation of the meter, stub-out pipe from the meter and a back-flow prevention device, and do not include any other charges associated with the installation of other service and the charges associated with tapping into the water main. To the extent a service installation is required in order to provide Customer utility service,the charges for such installation,including the installation of the water meter will be based on the estimated cost of the installation, regardless of meter size. In no event will such charge be less than the meter installation charges shown above. The Water Meter Installation Charge, and any such additional charges, are due and payable at the time Customer makes an application for service. Any remaining capitalized term or non-capitalized term used more than once in this Rate Resolution or any attachment, exhibit, or schedule thereto, shall have the meaning as assigned to that term in the policy, writing,document, instrument,or agreement referenced, or as the context may require. SECTION 3. GENERAL TERMS AND CONDITIONS REGARDING WATER, REUSE WATER AND WASTEWATER SERVICE. (1) Signed Application Required. Water, reuse water and wastewater service capacity may be furnished to new users who connect to the System after the date hereof only after a signed application or agreement and payment of the applicable water, reuse water and wastewater capacity charges are accepted by Utility. The conditions of such application or agreement are binding upon Customer as well as upon Utility. A copy of the application or agreement for water, reuse water and wastewater service accepted by Utility will be furnished to the applicant on request. Applicant shall furnish to Utility the correct name and street address or lot and block number at which water, reuse water and wastewater service is to be rendered. If Applicant is one or more natural persons,Applicant shall also provide Utility with 12 CCUA RESOLUTION NO. 2025/2026-01 Applicant's date of birth and shall be requested to verify its Social Security Number in a manner prescribed by Utility that ensures confidentiality of the entire Social Security Number, but the last four (4) digits of Applicant's Social Security Number shall be retained by Utility if and as provided by Applicant. An Applicant other than one or more natural persons shall be required to provide its entire Taxpayer Identification Number, which may be retained in its entirety by Utility. (2) Withholding Service. Utility may withhold or discontinue water, reuse water and/or wastewater service rendered under application made by any member or agent of a household, organization, or business unless all prior indebtedness to Utility of such household, organization, or business for water, reuse water and wastewater service has been settled in full in accordance with Utility policy. Service may also be discontinued for any violation made by Customer of any rule or regulation set forth in this Rate Resolution. (3) Limitation of Use. Water, reuse water and wastewater service purchased from Utility shall be used by Customer only for the purposes specified in the application for water, reuse water and wastewater service. Without limiting the generality of the foregoing, use of wastewater service from Utility shall be subject to the provisions of the Authority's Pretreatment Policy,as set forth in Authority Resolution No. 1997/1998-11,duly adopted June 16, 1998,which, as the same may be amended from time to time, is on file with the Recording Secretary for the Authority and is available for review during normal business hours of the Authority. (4) Continuity of Service. Utility will at all times use reasonable diligence to provide continuous water, reuse water and wastewater service, and having used reasonable diligence, shall not be liable to Customer for failure or interruption of continuous water, reuse water and wastewater service. Utility shall not be liable for any act or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, governmental interferences, illegal or improper cross-connections with other water systems, wastewater systems, reuse systems, wells, septic tanks or drain fields, or Customer or other third-party facilities or apparatus, acts of God or other causes beyond its control. (5) Type of Maintenance. Customer's pipes, apparatus and equipment shall be selected, installed, used, and maintained in accordance with standard practice and shall conform to the rules and regulations of Utility. Utility shall not be responsible for the maintenance and operation of Customer's pipes and facilities. Customer expressly agrees not to utilize any appliance or device, including without limitation any water filters,pumps, wells, septic tanks, storage tanks or drain fields, which is not properly constructed, controlled, and protected, or which may adversely affect water,reuse water or wastewater service provided by Utility. Utility reserves the right to discontinue or withhold water,reuse water and wastewater service to such apparatus or device. (6) Change of Customer's Installation. No changes or increases in Customer's installation, which will materially affect the proper operation of the pipes, mains, or stations of Utility, shall be made without written consent of Utility. Customer shall be liable for any change resulting from a violation of this rule. (7) Protection of Utility's Property. Customer shall exercise reasonable diligence to protect Utility's property on Customer's premises and shall knowingly permit no one, but Utility's agent or persons authorized by law,to have access to Utility's pipes and appurtenances. In the event of any loss or damage to property of Utility or to property of any other Customer of Utility caused by or arising out of carelessness, neglect, or misuse by Customer (including without limitation any illegal or improper cross-connections), or due to any digging or excavation by Customer or its agents, employees, property management company, and/or independent contractors hired by Customer or its agents, employees and/or property management company, the cost of making good such loss or repairing such damage shall be paid by the responsible Customer. Demand for the responsible Customer to pay the cost of 13 CCUA RESOLUTION NO. 2025/2026-01 such loss or repair of damage shall be made by Utility either(i) in a separate writing mailed to Customer at Customer's service address or (ii) added to the responsible Customer's bill for water or wastewater service. Water, reuse water and/or wastewater service to the location of Customer from which such loss or damage arose may be discontinued until the cost of such loss or damage is paid in full by Customer to Utility. (8) Access to Premises. The duly authorized agents of Utility shall have access at all reasonable hours to the premises of Customer for the purpose of installing, maintaining, inspecting, or removing Utility's property of the performance under or termination of Utility's agreement with Customer and neither Utility nor its agents shall be liable for trespass in such instance. (9) Billing Periods. Bills for water service will be rendered monthly, shall become due when rendered and shall be considered as received by Customer when delivered or mailed to the water service address or some other place mutually agreed upon. Non-receipt of bills by Customer shall not release or diminish the obligation of Customer with respect to payment thereof. Monthly bills, and Utility's tiered rate system structure, will be based on a 30-day billing cycle. However, both long and short billing periods are permitted by Utility. Utility will bill Customers for the water, wastewater, and reclaimed water services consumed in the month on a per gallon basis in accordance with the rates, fees,and charges included within this policy. Utility will adjust to volume allowances within Utility's tiered rate system structure based on the ratio of actual number of days in a given billing cycle to the base 30-day period. The adjustment ratio is then applied to the tier 1 value allowance (6 thousand gallons, or 6 KGAL) to determine the adjusted volume allowance. For an example of a long period adjustment, assume the actual billing period is 45 days; the tier 1 usage volume allowance is 9 KGAL [45/30)x 6=9]. The short period adjustment is calculated in the same manner; assume the actual billing period is 15 days; the tier 1 usage volume allowance is 3 KGAL [15/30) x 6 =3]. Subsequent tiers(i.e.,tiers 2,3 and 4)will also be adjusted using a corresponding volume allowance adjustment in relationship to the base 30-day billing cycle. (10) Delinquent Bills. Bills are due when rendered and become delinquent if not paid within twenty(20)days from the invoice date. Water,reuse water and wastewater service may then be discontinued only after a written notice of the delinquency in payment has been mailed or presented to Customer at least five (5) working days prior to disconnection. Water, reuse water and wastewater service shall be restored only after Utility has received payment for all past-due bills late payment fees and reconnect charges from Customer. There shall be no liability of any kind against Utility for the discontinuance of water, reuse water and wastewater service to a customer for that Customer's failure to pay the bills on time. Partial payment of a bill of the water,reuse water and wastewater service rendered will not be accepted by Utility, except in the case of Utility's express agreement thereto. (11) Non-payment of Flat-Rate Sewer Accounts. Customers with flat-rate sewer accounts will be charged a service charge to cover the collection costs for non-payment as set forth in Exhibit"A" attached hereto and hereby incorporated by reference. (12) Payment of Water, Reuse Water and Wastewater Service Bills Concurrently. When one or more of water, reuse water and wastewater service are provided by Utility, payment of any service bill rendered by Utility to a Customer shall not be accepted by Utility without simultaneous or concurrent payment of all service bills rendered by Utility. Utility may discontinue water service, reuse water service and/or wastewater service to Customer's premises for non-payment of any service bill or if all payments are not made concurrently. Utility shall not reestablish or reconnect wastewater service, reuse water service and/or water service until such time as all outstanding service bills and charges are paid in full. (13) Lien to Secure Payment. In order to evidence the future responsibility for the payment of rates, fees, and/or charges owed or to be owed to Utility under a Developer Agreement or other contract or agreement for Utility service, or in the event that a Customer fails to timely pay when due any installment of a special assessment or other contracted for 14 CCUA RESOLUTION NO. 2025/2026-01 payment, charge or fee, which is required pursuant to any Developer Agreement, the Rate Resolution or Utility's Service Availability Policy, then Utility may, in the discretion of the Executive Director or his/her designee, file notice of the Authority's statutory and contractual lien against the Customer's interest in the Property, which is served by Utility pursuant to such Developer Agreement or other applicable agreement, with the Clerk of the Circuit Court in the Official Records maintained for the County in which the subject Property is situated. If the installment, payment, or other charge is then past due, the Customer shall be responsible for a lien process charge and recording fees which will be collected at the time the delinquent balance is paid. In the event that the lien once filed is not satisfied in full within one (1) year of the later of(i) the date of its initial filing in the Official Records or(ii) the amount secured thereby becoming past due, then upon the approval of the Board of Supervisors of the Authority, such lien may be foreclosed by Utility in the manner provided by applicable law. Such lien shall secure, and the Customer shall be responsible for all interest, attorney's fees and costs with respect to such unpaid amounts,under Chapter 94-491,Laws of Florida, Special Acts of 1994. The Customer & Public Relations Manager of the Authority may implement such informal processes and procedures as may be informally approved from time to time by the Board of Supervisors of the Authority as may be necessary or helpful to implement the provisions of this Section 3.(13). (14) Golden Opportunities Plan. Notwithstanding any contrary provision contained herein, any Customer who is retired, on a limited, fixed income, and 62 years of age or older, which reasonably impairs the ability of the Customer to timely pay its current service bill(s)to Utility as the same become due, may apply for payment of water, reuse water and/or wastewater service bills under the Authority's"Golden Opportunities Plan"(herein so called). All plan applicants must meet the reasonable requirements for plan admission as established from time to time by the Executive Director, which at a minimum shall include completion and submission of a signed,written application to participate in the Golden Opportunities Plan, and proof of age of the applicant(i.e.,either a photocopy of birth certificate or driver's license). Applications may be completed in person at the Authority's main office, submitted electronically via the customer's online portal account, mailed to the Authority at any time, or submitted with the Customer/applicant's next water,reuse water and/or wastewater service bill payment. The Authority reserves the right to deny any application to participate in the Golden Opportunities Plan. Upon admission to the Golden Opportunities Plan, the Customer/plan participant is exempt from late fee penalties and provided with an extension of twenty-one(21) days beyond the due date applicable to non-plan Customers within which to pay their current water and/or wastewater service bill. If payment in full is not received by the end of such twenty-one (21) day period, then the total delinquent account shall be assigned for collection to the Authority's customer service department for immediate collection or disconnection. Service charges for non-payment shall be imposed as set forth in Exhibit"A" attached hereto and hereby incorporated by reference for any disconnection and for reconnection. (15) Disability Assistance Plan. Notwithstanding any contrary provision contained herein, any Customer who is permanently disabled, on a limited, fixed, income, which reasonably impairs the ability of the Customer to timely pay their current service bill(s) to Utility as the same become due, may apply for payment of water, reuse, water and/or wastewater service bill under the Authority's "Disability Assistance Plan" (herein so called). All plan applicants must meet the reasonable requirements for plan admission as established from time to time by the Executive Director, which at a minimum shall include completion and submission of a signed,written application to participate in the Disability Assistance Plan, and proof of permanent disability of the applicant(i.e., Benefit Verification Statement/ Form TPQY from Social Security Administration). Applications may be completed in person at the Authority's main office, submitted electronically via the customer's online portal account, mailed to the Authority at any time, or submitted with the Customer/applicant's next water, reuse water, and/or wastewater service bill payment. The Authority reserves the right to deny any application to participate in the Disability Assistance Plan. Upon admission to the Disability Assistance Plan,the Customer/plan participant is exempt from late fee penalties and provided with an extension of twenty-one (21) days beyond the due date applicable to non- plan Customers within which to pay their current water and/or wastewater service bill. If 15 CCUA RESOLUTION NO. 2025/2026-01 payment in full is not received by the end of such twenty-one (21) day period, then the total delinquent account shall be assigned for collection to the Authority's Customer Service Department for immediate collection or disconnection. The currently adopted charges for nonpayment shall be imposed subsequent to disconnection of service for cause, including delinquency in payment. (16) Change of Occupancy. When a change of occupancy takes place on any premises supplied by Utility with water, reuse water and wastewater service, written notice thereof shall be given at the office of Utility not less than three (3) days prior to the date of change by the outgoing Customer. The outgoing Customer shall be held responsible for all water, reuse water and/or wastewater service rendered on such premises until such written notice is so received by Utility and Utility has had reasonable time to discontinue the water, reuse water and/or wastewater service. However, if such written notice has been received, the application of such a succeeding occupant for water, reuse water and wastewater service will automatically terminate the prior account. Customer's prepaid base facility charge may be transferred from one service location to another, if both locations are supplied water, reuse water and/or wastewater service by Utility, as applicable to such service(s) being provided to the service locations. Customer's prepayment may not be transferred from one name to another. Notwithstanding the above, Utility will accept telephone orders, for the convenience of its Customers,to discontinue or transfer water,reuse water and wastewater service from one service address to another and will use reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be considered formal notification to Utility. (17) Unauthorized Connections. Connections to Utility's water, reuse water and wastewater system for any purpose whatsoever are made only by employees of Utility. Any unauthorized connections to Customer's water, reuse water or wastewater service shall be subject to immediate discontinuance without notice. Water, reuse water and wastewater service shall not be restored until such authorized connections have been removed and until settlement is made in full to Utility for all water, reuse water and wastewater service estimated by Utility to have been used by reason of such unauthorized connection. Without limiting the generality of the foregoing, this provision also shall apply to illegal or improper cross- connections of other water systems, wastewater systems, reuse systems, wells or Customer or other third-party facilities or apparatus to Utility's water, reuse water and/or wastewater system. (18) Adjustment of Bills. When a Customer has been overcharged or undercharged as a result of an incorrect application, the application of an incorrect rate schedule, incorrect reading of a water meter, reuse water meter, or other similar reasons, the amount may be credited or billed to Customer in accordance with the policies of Utility. Utility may adjust a Customer's bill to correct errors resulting from inaccurate water and reuse water meters. Utility shall determine a meter's accuracy based upon acceptable accuracy limits normally adhered to by water, reuse water and/or wastewater service providers. Utility shall refund to a Customer overcharges, or may bill a Customer for undercharges, which have arisen as a result of a meter registering outside of acceptable accuracy limits. Excess amounts billed to Customers in error due to inaccurate meters shall be refunded to Customers, said refund to be limited to one-half the period since the last meter test, said one-half period not to exceed six (6) months. Utility may refund any overcharge resulting from an inaccurate meter if the period during which the overcharge occurred can be reasonably and accurately ascertained. In no event shall a refund include any part of any minimum charge. Utility may bill a Customer for any undercharge caused by an inaccurate meter, said amount to be limited the unbilled amount for one-half the period since the last meter test, said one-half period not to exceed six months. Utility may bill any undercharge resulting from an inaccurate meter if the period during which the undercharge occurred can be reasonably and accurately ascertained. In the event of a non-registering meter, a Customer may be billed on an estimate based upon previous bills for similar usage, such estimate based to apply only to the current billing period. Utility may bill a Customer for unauthorized use based upon a reasonable estimate of the service taken. 16 CCUA RESOLUTION NO. 2025/2026-01 (19) Customer Account Adjustment Policy. Notwithstanding anything contained herein to the contrary, a Customer may appeal any bill, adjustment or refusal of Utility staff to make an adjustment, to the Board of Supervisors or to Utility staff, pursuant to the provisions of, as permitted by, and in accordance with the procedures set forth in, Utility's separate Customer Account Adjustment Policy, which was originally adopted by Utility's Board of Supervisors as Resolution No. 2000/2001-04 on November 8, 2000, as the same may be amended from time to time, which is on file with the Recording Secretary for the Authority and is available for review during normal working hours of the Authority, and which, as most then recently amended, is hereby incorporated by reference. (20) Refund checks. Refund checks on an account may only be issued to: (i) the active Customer of record for the account; (ii)the Personal Representative of the estate for the Customer, if the Customer is deceased; or (hi) if a Customer is deceased and has a surviving spouse benefitting from the service,the surviving spouse shall be entitled to transfer the service and corresponding Customer deposit to his/her own name as the survivor. Should the name change never occur and the surviving spouse becomes deceased, a refund check may be issued to the Personal Representative of the surviving spouse's estate. The Personal Representative must provide proof of being appointed by the Court as Personal Representative for the estate. SECTION 4. WATER SYSTEM RATE SCHEDULE. (1) Schedule. The Board of Supervisors of the Authority hereby adopts the water system rate schedule set forth herein. The rates, fees and charges in the following schedule shall apply to each Customer of the water system beginning with the charges payable by Customer in connection with the first reading of Customer's water meter by Utility or the first billing by Utility after Utility acquires title to the water system. The base facility and gallonage charge shall be billed and collected in arrears. The water system monthly rate schedule is set forth on Exhibit "A", which is attached hereto and hereby incorporated by reference. (2) Bulk Water Rates. Bulk or wholesale water rates shall be calculated to reflect Utility's cost of providing water to those entities entering into an agreement with Utility. Such rates will be determined on an individual basis by Utility. (3) Interrupted Service. Any Customer who requests that service be interrupted for any length of time will pay the Base Facility Charge during that period of interruption. Any Customer who attempts to circumvent this charge by closing their account at time of temporary departure and then returning as a new Customer will be held liable for the Base Facility Charge during the disconnected period of time. The payment of the Base Facility Charge will be made monthly in advance. (4) Seasonal Rate. Any Customer who requests that service be interrupted on a temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate charged will be equal to the Base Facility Charge referenced above. (5) Terms of Payment. Bills are due and payable when rendered and become delinquent if not paid within twenty (20) days. Service may be discontinued for nonpayment after five (5) working days written notice. The application of this Section 4.(5) is subject to Sections 3.(13) and 3.(14), above, for approved and registered participants in the Authority's Golden Opportunities Plan or Disability Assistance Plan. (6) Annual Index Adjustment. The Board of Supervisors of the Authority hereby authorizes and approves an automatic annual rate adjustment applicable to all water rates, fees and charges for utility services as necessary to provide for increases in expenses due to inflation or other such factors, so as to always ensure adequate net revenues from existing ERC's that will pay for inflationary increases in operation and maintenance of the system and to provide all debt service coverage requirements of Utility. The automatic annual rate adjustment factor shall be calculated based upon the net increase in the operating and maintenance budget as follows: (i) Personnel Services; (ii) Operational Expenses; and (iii) Operating Capital 17 CCUA RESOLUTION NO. 2025/2026-01 Expenses. The automatic index adjustment shall be determined on an annual basis and shall become effective October 1st of each fiscal year. Annual index adjustments shall not exceed the consumer price index as published by the University of Florida, Bureau of Economic and Business Research (Jacksonville Region) or another price index factor adopted by the Board. (7) Alternative Water Supply("AWS") Policy and Initiative. It is the intent of the Authority to develop Alternative Water Supply("AWS"), as defined above, in order to ensure a sustainable supply of safe and available potable water for the Authority's current and anticipated future customers. This AWS policy and initiative supplements the Authority's Service Availability Policy, attached below as Attachment 1 hereto, for the purpose of establishing a fair and equitable assessment and imposition of AWS Surcharge and AWS Connection Charge to fund the development and implementation of AWS infrastructure costs and expenses, as further described below. This AWS policy and initiative by Utility is necessary to address AWS requirements from the St. Johns River Water Management District ("SJRWMD"), the Suwannee River Water Management District("SRWMD"),and the Florida Department of Environmental Protection ("FDEP"), associated with Minimum Flows and Levels ("MFL"), and North Florida Regional Water Supply Planning. This AWS policy and initiative is also necessary in order to put Utility in the best position possible to research, design, and construct AWS infrastructure necessary to provide current and anticipated future ratepayers of the Authority with a sustainable potable water supply. Budget restraints and financial feasibility will remain key considerations at each phase of AWS development and implementation. The initial funding for AWS will be accomplished by the AWS Surcharge that will be on every customer's monthly potable water bill, and the AWS Connection Charge that will be added to every new potable water connection. The AWS Surcharge will fairly and equitably apportion the cost of development of AWS infrastructure over the Authority's potable water utility system ratepayers. The funding generated from the AWS Surcharge will be segregated and restricted in the AWS Surcharge Fund and will only be used for AWS infrastructure costs and expenses, as further described below. The funding generated from the AWS Connection Charge will be segregated and restricted in the AWS Connection Charge Fund, and will only be used for the development of AWS infrastructure costs and expenses, as described below, attributable to and in anticipation of the impact of new growth of the Authority's water system on demand for potable water supply and resulting dependence on the creation and development of AWS, over and above the demand thereof resulting from the Authority's existing potable water customers. A report entitled "Reclaimed Water Deficit & Augmentation of Reclaimed Water System Projection Study on Long Term Water Supply" (December 2014,page 3), which is on file with the Authority, and has been relied on for purposes of the initial calculation and implementation of the AWS Surcharge and the AWS Connection Charge. Costs and expenses associated with development of AWS infrastructure includes, but is not limited to, feasibility studies, evaluations, land acquisition, property entitlements, design, permitting, construction, testing, and implementation of AWS for the Authority. Utility's Capital Reserve Strategy anticipates additional needed funding to support other AWS infrastructure project expenditures. The Authority will initiate additional feasibility studies to further define those additional AWS infrastructure project initiatives, which will be presented for the Authority's Board of Supervisors' consideration and action from time to time. The future funding needs for AWS will also depend upon grant funding that may be available and possible joint jurisdictional agency participation. The AWS Surcharge,The AWS Connection Charge, and actual vs. estimated costs and expenses of AWS, and specifically Storm Water Harvesting Project costs and expenses, will be evaluated annually. A report on the development of AWS as well as adequacy or need to 18 CCUA RESOLUTION NO. 2025/2026-01 change the AWS Surcharge or AWS Connection Charge will be presented to the Board of Supervisors by July 1 each fiscal year. Any recommended changes to the AWS Surcharge or the AWS Connection Charge will be placed in CCUA's annual budget and presented at the Annual Public Rate Hearing for further consideration and action by the Authority's Board of Supervisors. SECTION 5. WASTEWATER SYSTEM RATE SCHEDULE. (1) Schedule. The Board of Supervisors of the Authority hereby adopts the wastewater system rate schedule set forth herein. The rates, fees and charges in the following schedule shall apply to each customer of the wastewater system beginning with the charges payable by Customer in connection with the first reading of Customer's water meter by Utility or the first billing by Utility after Utility acquires title to the wastewater system. The base facility and gallonage charge shall be billed and collected in arrears. The wastewater system monthly rate schedule is attached hereto as Exhibit "A"and hereby incorporated by reference. (2) Bulk Wastewater Rates. Bulk or wholesale wastewater rates shall be calculated to reflect Utility's cost of providing wastewater service to those entities entering into an agreement with Utility. Such rates will be determined on an individual basis by Utility. (3) Interrupted Service. Any Customer who requests that service be interrupted any length of time will pay the Base Facility Charge during that period of interruption. Any Customer who attempts to circumvent this charge by closing their account at time of temporary departure and then returning as a new Customer will be held liable for the Base Facility Charge during the disconnected period of time. The payment of the Base Facility Charge will be made monthly in advance. (4) Seasonal Rate. Any Customer who requests that service be interrupted on a temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate charged will be equal to the Base Facility Charge referenced above. (5) Terms of Payment. Bills are due and payable when rendered and become delinquent if not paid within twenty (20) days. Service may be discontinued for nonpayment after five (5) working days' written notice. Such notice shall be separate and apart from any bill for service. The application of this Section 5.(5) is subject to Sections 3.(13) and 3.(14), above, for approved and registered participants in the Authority's Golden Opportunities Plan or Disability Assistance Plan. (6) Annual Index Adjustment. The Board of Supervisors of the Clay County Utility Authority hereby authorizes and approves an automatic annual rate adjustment applicable to all wastewater rates, fees and charges for utility services as necessary to provide for increases in expenses due to inflation or other such factors, so as to always ensure adequate net revenues from existing ERC's that will pay for inflationary increases in operation and maintenance of the system and to provide all debt service coverage requirements of Utility. The automatic annual rate adjustment factor shall be calculated based upon the net increases in the operating and maintenance budget as follows: (i)Personnel Services; (ii)Operational Expenses; and(iii) Operating Capital Expenses. The automatic index adjustment shall be determined on an annual basis and shall become effective on October 1st of each fiscal year. Annual index adjustments shall not exceed the consumer price index as published by the University of Florida, Bureau of Economic and Business Research (Jacksonville Region) or another price index factor adopted by the Board. SECTION 6. REUSE WATER POLICY AND SYSTEM RATE SCHEDULE. (1) Policy. A portion of Utility's system generates highly treated reclaimed water (or "reuse water") suitable for controlled irrigation use by and for agricultural, commercial, residential, or industrial developments or other appropriate uses. Treatment and distribution of reuse water is regulated by the FDEP,pursuant to applicable state law and regulations. All 19 CCUA RESOLUTION NO. 2025/2026-01 developments and property subject to Utility's Reuse Policy, originally adopted by Resolution 1997/1998-07, and amended and restated by Resolution No. 1997/1998-10, which policy is hereby incorporated by reference, shall be subject to the mandatory installation and use of reclaimed water facilities, and the Customers of such developments shall be subject to the payment of the retail reclaimed water rates and charges set forth in Section 6.(2), below. Resolution No. 1997/1998-07 and Resolution No. 1997/1998-10,as the same may be amended from time to time, are on file with the Recording Secretary for the Authority and are available for review during normal Authority operating hours. Other developments may elect to optionally install reuse lines and shall reserve reuse water capacity by entry into an Effluent Reuse Agreement or bulk rate service agreement for reuse water with Utility outlining the terms, conditions, and obligations under which such service will be provided. (2) Schedule. The Board of Supervisors of the Authority hereby adopts the reuse water system rate schedule set forth herein. The rates, fees and charges in the following schedule shall apply to each customer of the reuse water system beginning with the charges payable by Customer in connection with the first reading of Customer's water meter by Utility or the first billing by Utility after Utility acquires title to the water system. The base facility and gallonage charge shall be billed and collected in arrears. The reuse water system monthly rate schedule is set forth on Exhibit "A" and is hereby incorporated by reference. (3) Bulk Reclaimed Water Rates. Bulk or wholesale reuse water rates shall be calculated to reflect Utility's cost of providing water to those entities entering into an agreement with Utility. Such service shall be master metered for further distribution by the contracting party to the ultimate user. The bulk or wholesale reuse water rates shall be as set forth on Exhibit"A"and is hereby incorporated by reference. (4) Additional fees, charges, credits, surcharges, and rates. In addition to the foregoing, all Customers and Applicants shall be subject to the Service Availability charges, credits, surcharges, rates and fees applicable to Utility's reuse system, as set forth in Utility's Reuse Policy, including without limitation the reuse water system credit provided to a Customer who develops a single family residential development which uses Utility's reuse water system throughout,the reuse meter installation credit provided to a Customer who builds and installs on site irrigation systems and connect to Utility's reuse water system, and the surcharge for development of Utility's reuse water system, which is applicable to all developments which do not install piping for use of Utility's reuse water system throughout, all as set forth in attached Exhibit"A". (5) Interrupted Service. Any Customer who requests that service be interrupted for any length of time will pay the Base Facility Charge during that period of interruption. Any customer who attempts to circumvent this charge by closing their account at time of temporary departure and then returning as a new customer will be held liable for the Base Facility Charge during the disconnected period of time. The payment of the Base Facility Charge will be made monthly in advance. (6) Seasonal Rate. Any Customer who requests that service be interrupted on a temporary basis exceeding one full month will be charged a seasonal rate. The Seasonal Rate charged will be equal to the Base Facility Charge referenced above. (7) Terms of Payment. Bills are due and payable when rendered and become delinquent if not paid within twenty (20) days. Service may be discontinued for nonpayment after five (5) working days' written notice. The application of this Section 6.(7) is subject to Sections 3.(13) and 3.(14), above, for approved and registered participants in the Authority's Golden Opportunities Plan or Disability Assistance Plan. (8) Annual Index Adjustment. The Board of Supervisors of the Clay County Utility Authority hereby authorizes and approves an automatic annual rate adjustment applicable to all reuse water rates, fees and charges for utility services as necessary to provide for increases in expenses due to inflation or other such factors, so as to always ensure adequate net revenues 20 CCUA RESOLUTION NO. 2025/2026-01 from existing ERC's that will pay for inflationary increases in operation and maintenance of the system and to provide all debt service coverage requirements of Utility. The automatic annual rate adjustment factor shall be calculated based upon the net increase in the operating and maintenance budget as follows: (i) Personnel Services; (ii) Operational Expenses and (iii) Operating Capital Expenses. The automatic index adjustment shall be determined on an annual basis and shall become effective October 1st of each fiscal year. Annual index adjustments shall not exceed the consumer price index as published by the University of Florida, Bureau of Economic and Business Research (Jacksonville Region) or another price index factor adopted by the Board. SECTION 7. MISCELLANEOUS CHARGES. (1) Initial Connection. There shall be a charge for service initiation at a location where service did not exist previously, as set forth in attached Exhibit"A". (2) Normal Reconnection. There shall be a charge for transfer of service to a new customer account at the same location or reconnection of service subsequent to a customer requested disconnection, as set forth in attached Exhibit"A". (3) Violation Reconnection. There shall be a charge for reconnection subsequent to disconnection of service for cause including a delinquency in bill payment, as set forth in attached Exhibit "A". If a customer has wastewater service only, the violation reconnection charge will be the actual cost of discontinuing and restoring service. In such an instance, these Customers shall be sent an estimate of the cost to discontinue and restore service along with the notice of discontinuance of service. (4) Premises Visit Charge (In Lieu of Disconnection or in addition to Cross- Connection Charges). There shall be a charge as set forth in attached Exhibit"A"in the event a service representative visits a Customer's premises for the purpose of discontinuing service for nonpayment of a due and collectible bill and does not discontinue service because Customer pays the service representative or otherwise makes satisfactory arrangements to pay the bill. (5) After Hours or Same Day Premises Visit Surcharge. There shall be an additional surcharge as set forth in attached Exhibit "A" for any after-hours premises visit under any other subsection of this Section 7, or for any same day service requested by Customer. (6) Cross-Connection Charges. In addition to all other charges provided for herein, any Customer responsible for creating or maintaining an illegal or improper cross-connection of any water systems, wastewater systems, reuse water systems, wells, septic tanks or drain fields, or other Customer or third party facilities or apparatus, to Utility's water, reuse water and/or wastewater system, shall be responsible for any and all damages resulting therefrom to Utility's water,reuse water and/or wastewater system(s),or to any other Customer's or Property Owner's property or facilities, and shall bear all cost and expense of testing and restoring any facilities or service affected or threatened by such cross-connection. Any such amounts due hereunder shall be paid to the Authority immediately upon demand, and if not paid upon demand, the responsible Customer shall be subject to the full range of rights and remedies available to the Authority for collection of unpaid Customer accounts. (7) Returned Check Charge. There shall be a charge as allowed under section 68.065, Florida Statutes, for each check returned to Utility as a result of insufficient or non- collective funds. The fee shall be as set forth in attached Exhibit"A" for each returned check received by Utility. Customer will also be assessed additional service charges for notification and for disconnection resulting from the returned check in accordance with attached Exhibit «A„ Notwithstanding the foregoing,the Executive Director, or his/her designee,may waive the returned check service charge requirement for Customers that have received notification 21 CCUA RESOLUTION NO. 2025/2026-01 that their ACH payment has been returned due to an incorrect routing or account number provided at the time payment was made. The Customer must meet all of the following criteria to be eligible for this one-time only courtesy waiver of this charge: (a) The Customer has had residential or commercial service with the Authority for at least five (5) consecutive years; (b) The Customer has not had a credit related service interruption or a late payment for at least five(5) consecutive years; and (c) The ACH payment was returned only as a result of the Customer providing the incorrect routing or account number at the time payment was made. If the Customer's attempted payment is returned for insufficient funds or a stopped payment, the returned check service charge may not be waived under this policy. If, in the opinion of the Executive Director, or his/her designee, the Customer satisfies the above conditions, then the Executive Director, or his/her designee, is authorized to waive the applicable service charge as a one-time only courtesy to the Customer. (8) Customer Deposits. It is the policy of Utility to require Customers of the System to pay the base facility charge portion of their service fees in advance to the next billing date. In addition, Utility shall require additional security for the payment of the services it renders for all new accounts, including transfers,and existing accounts that become delinquent and require a field visit. The security deposit amount(s) applicable for water, wastewater, and/or reuse water Customers,respectively, shall be as set forth in Exhibit"A" for Customers verifying its Social Security Number (Note: date of birth verification is also required for a Customer who is one or more natural persons), and as separately set forth in Exhibit "A" for Customers not providing a Social Security Number. An additional deposit will be required for accounts that become delinquent or are disconnected for nonpayment twice within one (1) calendar year. The additional deposit will be calculated as the amount necessary to increase the Customer's current total deposit on hand to equal two (2) times the average monthly bill for the preceding 12-month period or available billing history, if less than 12 months. For purposes of determining security deposit amounts,ERCs(Equivalent Residential Connections) shall be determined based on American Water Works meter size equivalent factor. Utility shall credit or pay the Customer's account interest at an annual interest as set forth in Exhibit"A". Cash, check, credit/debit card or ACH/EFT or equivalent will be the only acceptable methods of deposit. However,the Executive Director of the Authority is authorized to accept, in the Executive Director's reasonable discretion, an assignment of a bank account, certificate of deposit or other recognized security,in face amount equal to the monetary amount required to be deposited. The security deposit, including any additional deposit,if any,will be credited along with accrued interest, if any, upon the earlier of(i) Customer's completion of a 24 consecutive month satisfactory payment history with the Authority, during which no late fees were assessed or service disconnections for nonpayment occurring during that 24-month period or (ii) credited to the Customer's final bill with any surplus paid to the Customer by check, after discontinuance of service. Notwithstanding anything contained herein to the contrary, for Customer accounts existing as of October 1, 2025, the initial security deposit for each such water, wastewater, and/or reuse water account of that Customer will retain their original deposit structure,and the above-described refund of security deposit, as applicable, will first appear as a bill credit beginning with the November 2025 billing cycle. However, if any such Customer account established prior to October 1, 2025, is disconnected for nonpayment, all such Customer's water, wastewater, and/or reuse water accounts shall be subject to the then existing security deposit amounts for new accounts in addition to the additional deposit requirements outlined above. 22 CCUA RESOLUTION NO. 2025/2026-01 Accounts of Clay County, Florida, a political subdivision of the State of Florida, and of the Clay County District Schools, are expressly exempted from the above security deposit and additional deposit requirements. (9) Septage Haulers Disposal Deposit Policy. Utility will require a security deposit for the payment of domestic waste disposal service it renders as follows: (a) All new Customers will be required to pay an initial minimum deposit on 25,000 gallons at the current rate. Payment will be due in 15 days from billing date. Billing will be done biweekly. Once a payment is delinquent, disposal authorization will cease until the account is in good standing and the deposit is confirmed to be reasonable to cover the risk of nonpayment. (b) An existing Customer which does not have a deposit with Utility, and which becomes delinquent shall be required to pay a deposit based on that Customer's average of 12-month history at current rates. (c) In accordance with Utility's Miscellaneous Receivable Policy, below, deposits shall be applied to delinquent balances before turning the account over to collections. (d) If an account has been turned over to collections and that Customer wishes to continue doing business with Utility, Utility shall require payment in full of the delinquent balance, including collection agency fees, along with an additional deposit which will be the greater of(i) twice that account's average billing with a minimum of 12-month history or (ii) twice the estimated monthly billing, but never less than the 25,000 gallons at current rates. (10) Fire Hydrant Meter Deposit. Utility shall impose a hydrant meter deposit based on its then current Fire Hydrant Policy, as amended from time to time. The current hydrant meter deposit amounts are set forth in attached Exhibit"A". (11) Auto Debit Program. Notwithstanding anything contained herein to the contrary, the Executive Director or his/her designee is authorized to offer incentives to qualifying Customers to create online accounts to ensure the timely payment of incurred rates, fees, and charges payable to Utility without interruption, and who enroll in Utility's "Auto Debit Program." The purpose of this program is to offer a waiver of the otherwise applicable service re-connection service charge(i.e.,additional security deposit due to nonpayment event) for Customers who have had their residential service with Utility interrupted if the Customer (i) has had residential service with Utility for at least 5 years, (ii) has not had a credit related service interruption episode or a late payment for at least 5 years, and (iii) can demonstrate extenuating or unusual circumstances surrounding the reason(s) why the original utility bill was not paid on a timely basis. In addition, Customers not meeting the criteria of having the security deposit waived above shall still qualify to sign a"Promise Pay Agreement"in the form prescribed by the Executive Director or his/her designee, allowing twenty (20) extra days to pay the deposit charged as a result of a nonpayment. (12) Miscellaneous Receivable Policy. (a) A Miscellaneous Receivable Policy was adopted by the Board of the Authority in accordance with Utility's enabling legislation, Chapter 94- 491, Laws of Florida, Special Acts of 1994, "to fix and collect rates, user fees, and other charges to persons or property or both for the use of the system or both and to fix and collect charges for making reasonable penalties on any users or property for any such rates, fees, or charges that are delinquent." 23 CCUA RESOLUTION NO. 2025/2026-01 (b) If the Customer to be invoiced is currently connected to Utility's system, any repair charges will be applied to that Customer's account for collection. (c) As stated on Utility's invoice, payments are due thirty (30) days from the invoice date, unless it is for septage disposal, which will be due in fifteen (15) days. If payment is not received by the due date a late fee (established in the annual Rate Resolution),a late fee or late charge will be assessed as clearly indicated on the invoice. The Miscellaneous Receivable collection process will allow an additional fifteen (15) days after the original due date before turning the account over to a collection agency. (i) The account will be turned over to an outside collection agency to proceed with additional collection alternatives; correspondences, credit bureau reporting and legal action for a time not to exceed six (6) years and eleven (11) months for the debt. (ii) In addition, septage disposal shall be invoiced biweekly. If a delinquent account is a company disposing of domestic waste from portable toilets or septic tanks is turned over to collections the Authority will notify the plant operator to cease authorization of future access. See "Septage Disposal Deposit Policy", above, for terms of collection and/or to resume service. (d) After a miscellaneous receivable account has remained uncollected for six (6) years and eleven (1 l) months, the Authority will automatically write the accounts off to the Allowance for Bad Debt Account in the general ledger. A billing adjustment will be made,and uncollected debt will be noted in the customer's file for future collection efforts. (e) The Executive Director or his/her designee shall promulgate standard forms of Customer applications for domestic waste disposal (i.e., septage hauler's usage) as may be necessary or helpful in the implementation and execution of the various policies set forth in this Rate Resolution. (13) Guaranteed Revenue. Utility may collect a guaranteed revenue charge to recover certain carrying costs of maintaining plant capacity prior to connection. The obligation to pay guaranteed revenue shall be determined on a case-by-case basis. Developers or others bound by contract to pay guaranteed revenue shall continue to pay the same in accordance with the obligations set forth in such contract. (14) Pass Through of Third-Party Costs, Franchise Fees, and Charges. In the event that any third party imposes or attempts to impose any cost, franchise fee and/or other charge directly related to Utility's presence, operation,provision of service to particular Customers or a particular geographic area, or related to Utility's use of that third party's services, property, governmental benefits, or other thing(s) of value, in connection with Utility's provision of service to particular Customers or a particular geographic area, then Utility shall prorate the cost, franchise fee and/or other charge being imposed, and the cost of challenging, complying with and administering the same, and any laws, ordinances or rules related thereto, among the identifiable affected Customers or Customers of the identifiable affected geographic area being served by the System subject to such franchise fee or charge, and Utility shall regularly bill and collect such prorated costs from those Customers. Without limiting the generality of the foregoing, this section shall specifically apply to all costs, fees and charges imposed, directly or indirectly, by The City of Jacksonville Ordinance No. 2001-427-E, and any successor or 24 CCUA RESOLUTION NO. 2025/2026-01 amending ordinance thereto, and any rules, regulations, policies and/or practices promulgated pursuant thereto, and/or in the challenge of such ordinance, rules, regulations, policies and/or practices, with respect to Utility's operation of that portion of the System situate in Duval County, Florida. (15) Recording Fees and Documentary Stamp Taxes. Customers shall be responsible for the entire cost of recording fees and documentary stamp taxes for Developer Agreements, grants of easements, quitclaim deeds, rights of way, amendments, or supplemental agreements thereto, and similar instruments recorded in the appropriate public records for the county(ies) in which Utility provides service, if such instrument is being required by Utility as a condition of service. Corrective documents, required to be recorded due to no fault of the Customer, shall be recorded at the cost of Utility. If land or easements are being purchased by Utility, the Executive Director, subject to Board approval, shall have the right to negotiate which party shall bear those costs. (16) Additional Service Charges for All Customers & All Systems. In addition to the foregoing, the miscellaneous service charges for all Customers and all systems shall be imposed and collected, as set forth in Exhibit "A" as attached hereto and which is hereby incorporated by reference. SECTION 8. METER TESTING. If any Customer requests a test of its water meter or reuse water meter, Utility will require a deposit to defray the cost of testing; such deposit shall not exceed the applicable schedule of fees for specified meter sizes as set forth in attached Exhibit "A". The fee is retained by Utility only if the test shows that the meter is registering within the acceptable accuracy limits as established by Utility. If the meter is determined by Utility to be registering outside of the acceptable accuracy limits, the meter test service fee will be refunded and an adjustment is made to the bill for the proper amount of water or reuse water consumption, as the case may be. SECTION 9. METER REREADS AND SPECIAL READS. Upon request of a customer, Utility shall, without charge, reread Customer's meter to determine if the initial reading was accurate, provided that a Customer request for a meter reread has not been made during the preceding twelve(12)months. Should a Customer request to have the meter reread more frequently than once every twelve (12) months, Customer shall pay a charge for each additional reread as set forth in attached Exhibit "A". If Customer- requested reread of the meter results in a corrected bill, the meter reread charge shall be refunded, and Customer will be rendered a corrected bill. Upon request of a customer to have a special meter reading performed which is not a part of the monthly readings during the normal billing cycle, Customer shall pay a charge as set forth in Exhibit"A" for the special reading. SECTION 10. FIRE PROTECTION SERVICE. A one-time initial capacity cost recovery charge is assessed to Customers who have fire lines or standpipes located upon or within their premises or privately-owned hydrants maintained by Utility as set forth in attached Exhibit"A". SECTION 11. WATER, RECLAIMED WATER AND WASTEWATER CAPACITY CHARGES; ADOPTION;TIME OF PAYMENT;AND CONNECTION FEES ACCOUNTS. (1) Adoption. Utility hereby adopts and establishes a water capacity charge, wastewater capacity charge and reclaimed water capacity charge, the purpose of which will be to finance capital expenditures and the payment of Utility indebtedness associated with the expansion of Utility's water and reclaimed water supply, treatment and transmission system and the wastewater transmission, treatment, and effluent disposal system. The capacity 25 CCUA RESOLUTION NO. 2025/2026-01 charges imposed by Utility shall be as set forth in Exhibit"A", attached hereto and made a part hereof. (2) Applicability. Except for existing Customers, or those Customers who have previously paid connection or plant capacity charges to the previous owner of Utility, the capacity charges set forth herein shall be paid by new Customers who request service from Utility. (3) Time of Payment. All water, reclaimed water and wastewater capacity charges referenced in this section shall be paid at the time Customer and Utility execute an agreement concerning the provisions of Utility service, or such other time as may be specifically provided in Utility's Service Availability Policy, see Attachment 1, which is hereby incorporated by reference. (4) Capacity Charges Accounts. The water capacity charges collected pursuant to this Resolution shall be deposited into an account called the "Clay County Utility Authority Water Capacity Charges Account", and the wastewater and reclaimed water capacity charges shall be likewise deposited into an account called the "Clay County Utility Authority Sewer Capacity Charges Account." The water capacity charges so deposited shall be used for the purposes set forth in the Authority's then applicable Bond Resolution(s) (herein so called)and thereafter for acquisition, improvement, and expansion of Utility's water system. The wastewater and reclaimed water capacity charges so deposited shall be used for the purposes set forth in the Bond Resolution(s) and thereafter for the acquisition, improvement, and expansion of Utility's wastewater and reclaimed water systems. The above-referenced charges may also be used for any other lawful purpose relating to the System. Notwithstanding the foregoing, however, the Authority acknowledges that Florida law currently restricts the use of charges such as the Capacity Charges to expanding the facilities and/or capacity of the System, or for the payment of debt service on obligations issued to acquire excess plant and capacity or to build expanded plant and capacity. SECTION 12. DETERMINATION OF EQUIVALENT RESIDENTIAL CONNECTION FACTORS FOR WATER, REUSE WATER AND WASTEWATER SERVICES. (1) For purposes of calculating and imposing the water,reuse water and wastewater capacity charge provided for herein, the ERC factor for any particular connection shall be calculated and imposed in the manner as provided in the Commercial ERC Factors Table, see Attachment 3, which is hereby incorporated by reference. (2) The "total equivalent residential connection value" for an establishment shall be calculated by multiplying the ERC factor listed above by the number of units and shall be rounded up to the nearest 0.5 ERC factor. (3) One(1)equivalent residential connection("ERC")shall,for the purposes of this Section, have an assigned value of 1.00. For wastewater service capacity, one (1) ERC is hereby established and determined to be equal to a flow of 311 gallons per day, average annual basis. For water service capacity, one (1) ERC is hereby established and determined to be equal to a flow of 450 gallons per day, average annual basis. For reuse water service capacity, one(1)ERC is hereby established and determined to be equal to a flow of 275 gallons per day, average annual basis. (4) For all establishments not listed above, the total wastewater ERC value for wastewater service capacity shall be determined by multiplying the number of fixture units, as published in the Standard Plumbing Code, by sixteen (16), and then dividing that numerator by 311. The wastewater capacity charge shall be determined by multiplying the total ERC value by the wastewater capacity charge per ERC. 26 CCUA RESOLUTION NO. 2025/2026-01 (5) For all establishments not listed above, the total water ERC value for water service capacity shall be determined by multiplying the number of fixture units, as published in the Standard Plumbing Code, by twenty-four(24), and then dividing that numerator by 450. The water capacity charge shall be determined by multiplying the total ERC value by the water capacity charge per ERC. (6) For all establishments not listed above,the total reclaimed water ERC value for reclaimed water service capacity shall be determined by dividing the estimated average daily usage per gallon of reclaimed water determined on an annualized basis for such establishment, by a denominator of 275. The reclaimed water capacity charge shall be determined by multiplying the total ERC value by the reclaimed water capacity charge per ERC. SECTION 13. ALLOCATION OF WATER, RECLAIMED WATER AND WASTEWATER SERVICE CAPACITY. (1) No new water,reclaimed water and/or wastewater service capacity shall be sold until application therefore is received by Utility, or a Developer Agreement or other appropriate written contractual agreement has been entered into between the Applicant and Utility, and the appropriate capacity charges received. Utility may require all information on said application or agreement that it deems reasonable and necessary and may reject applications it determines incomplete. Any application or agreement for water, reclaimed water and/or wastewater capacity shall contain a legal description of the land constituting the Property to be served. The legal description shall include only those lands owned or controlled by the Applicant for which the water, reclaimed water and/or wastewater service is requested. (2) Utility adopts and incorporates herein by reference the Service Availability Policy, and the charges contained therein, set forth as Attachment 1, and the charges contained therein, which policy shall govern the relationship between Utility and Developers or others wishing to connect to the System. SECTION 14. ABNORMAL STRENGTH WASTE SURCHARGE FACTOR. For those Customers which Utility has agreed to serve and either Customer or Utility has determined that the strength of the sewage is greater than 300 parts per million ("ppm") of biochemical oxygen demand ("BOD") or chemical oxygen demand ("COD"), or total suspended solids ("TSS"), then an abnormal strength surcharge will be applied to the monthly bill. Biochemical oxygen demand or"BOD" means the quantity of oxygen in the biochemical oxidation of the organic matter in the wastewater under standard laboratory procedures in five (5) days at twenty degrees centigrade (20 degrees C), expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in the Standard Methods for the Examination of Water and Wastewater, 18th Edition, as the same may be amended or updated by subsequent editions. The greater concentration of either BOD or COD will be used in the surcharge calculation, but not both. The surcharge factor is calculated in the following manner: Average concentration BOD plus average concentration TSS divided by 600. Multiply the quotient by the wastewater consumption charge to account for the higher BOD and TSS concentrations. Example: [(x+y)/600]*a=Adjusted Wastewater Consumption Charge Where: x=Average concentration, BOD or COD y=Average concentration, TSS a=Normal wastewater consumption charge. 27 CCUA RESOLUTION NO. 2025/2026-01 SECTION 15. FIRE HYDRANT METER POLICY AND PROCEDURES. The Board of Supervisors for Utility hereby adopt and enact the rates, fees, and charges applicable to fire hydrant meter usage, which policy and procedures are adopted and made a part of Utility's Service Availability Policy. The Authority's Fire Hydrant Meter Policy and Procedures are on file with the Recording Secretary for the Authority and are available for review during normal working hours of the Authority. The rates, fees, and charges applicable to that policy and those procedures are attached hereto as Attachment 2 and hereby incorporated by reference. SECTION 16. PERMITTING POLICY, PROCEDURES AND FEES. By its formal adoption of Resolution No. 2000/2001-08 on July 3, 2001, the Authority has adopted rules to implement the application, processing and issuance of permits for water distribution and wastewater collection system mains 12" in diameter and smaller in size; has provided for plan and specifications supervision by a professional engineer;has adopted forms for use in connection with such self-permitting policy; has established a permitting timeclock; has authorized the issuance, modification and revocation of permits consistent with Florida law; has adopted procedural due process requirements in connection with such permit applications; has adopted the permit application fees as set forth in Resolution No. 2000/2001- 08, which are hereby incorporated by reference; and has authorized compliance and enforcement by the Authority with the policies,procedures and requirements of said resolution. Resolution No. 2000/2001-08, as the same may be amended from time to time, is on file with the Recording Secretary for the Authority and is available for review during normal Authority operating hours. SECTION 17. ENFORCEMENT; VIOLATIONS; PENALTIES. The provisions of this Rate Resolution shall apply equally to all System Customers, regardless of Utility District, except as specifically set forth herein. Violations of the provisions of this Rate Resolution or failure to comply with any the requirements set forth herein, including violation of conditions of any wastewater disposal permit shall be prosecuted as provided by law. Each day such a violation continues shall be considered a separate event. Nothing herein contained shall prevent Utility from taking such other lawful actions as is necessary to prevent or remedy any violations, including seeking injunctive relief in a court of competent jurisdiction, or terminating service as permitted by law or hereunder. Additional fees, penalties and charges may be set forth on attached Exhibit"A". SECTION 18. LIBERAL CONSTRUCTION AND INTERPRETATION. In the interpretation and application of this Resolution, all provisions shall be considered as a minimum requirement, liberally construed in favor of Utility, and deemed neither to limit nor repeal any other powers granted under state law. This Resolution is cumulative and supplemental to existing Utility laws, ordinances, resolutions, rules, and regulations. Where this Resolution and the provisions contained herein conflict of overlap with any Utility law, ordinance, resolution, rule, or regulation, whichever imposes the more stringent restriction shall prevail. SECTION 19. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution if for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 28 CCUA RESOLUTION NO. 2025/2026-01 SECTION 20. CONFLICTS. In the event of any conflict between the provision of this Resolution and any other resolution or portions thereof, except as may be otherwise provided by Section 15, above, the provisions of this Resolution shall prevail to the extent of such conflict. SECTION 21. DEFERRAL OF CAPACITY CHARGE INCREASES FOR CERTAIN PROJECTS. The fiscal year of the Authority runs from October 1 St of the then current calendar year through and including September 30' of the next following fiscal year. The rates, fees, and charges adopted by the Authority annually, on a fiscal year basis, is reflected in the Rate Resolution adopted by the Board of Supervisors for the Authority for that then current fiscal year. Therefore, the portion of any project formally filed with the Clay County Development Review Committee ("DRC") or a city DRC (or equivalent development review process)prior to September 30th of the then current calendar year, for which the Authority has already received completed plans acceptable to the Authority and a properly executed Developer Agreement, along with payment of all Developer Agreement charges, and commencement of water, wastewater, and reclaimed water construction occurs prior to September 30th of that calendar year,will qualify for the capacity charges which are in effect for the Authority's fiscal year which ends that September 30th, as set forth in the Authority's Rate Resolution for that fiscal year. However, capacity charges under the Authority's Rate Resolution, as the same may be amended and supplemented from time to time, shall apply to all other Developer Agreements entered into on or after the October 1st of any calendar year, as correspond to the Authority's then current fiscal year, or for such developments under previously executed Developer Agreements, which do not meet the requirements of the preceding sentence of this Section 21. SECTION 22. EFFECTIVE DATE. By approving the proposed Fiscal Year 2025/2026 rates, fees and charges for Utility, this Resolution shall take effect on October 1, 2025. DULY ADOPTED by the Board of Supervisors,Clay County Utility Authority,on this 7th day of October, 2025, effective as of October 1, 2025. BOARD OF SUPERVISORS CLAY COUNTY UTILITY AUTHORITY By: / t,t Michael C. McNees, Chairman ATTEST: By. an Loudermilk ecretary Clay unty Utility Authority J (Seal) 29 CCUA RESOLUTION NO. 2025/2026-01 Attachment 1 CLAY COUNTY UTILITY AUTHORITY SERVICE AVAILABILITY POLICY This Service Availability Policy of the Clay County Utility Authority is attached to, and made a part of, the Rate Resolution of the Authority, Resolution No. 2025/2026-01. All terms not otherwise defined in this Attachment 1 shall have the same meaning as assigned to them in the Rate Resolution. 1. GENERAL INFORMATION It is Utility's intention to provide service throughout its service area as requested,providing that it is economically feasible to do so. ?. AVAILABILITY A. Water, reuse water and wastewater service will be made available by Utility throughout Utility's service territory, subject to any outstanding interlocal agreements or other contracts or franchises awarded by Utility to third parties. Utility will evaluate each request for service as to its feasibility. If Utility determines that it is not economically feasible to serve such territory in accordance with its Rate Resolution and this Service Availability Policy, and if the parties agree,Utility will prepare a special agreement setting forth terms,outside the scope of Utility's Service Availability Policy, by which it can provide service, either through bulk service or some other arrangement. The reasonable cost of preparation of such special agreement shall be reimbursed to Utility from the Applicant seeking service. B. Certain areas within Utility's service territory may have developed in whole or in part without central water,wastewater and/or reuse water service,and are currently using private wells and septic tanks. If such unserved area is located in the vicinity of existing Utility appurtenances, so that it is economically feasible to extend service to such area, application may be made for service by an affected owner or purchaser under a pending contract of sale or contract for deed to such area, pursuant to Utility's In-Fill Projects Fund Policy Statement formally adopted, amended and restated by the Board of Supervisors for the Authority on May 4, 1999, in Resolution No. 1998/1999-09, which, as may be amended from time to time, is available for review at Utility office and which is hereby incorporated by reference. Customers connecting to Utility's water,wastewater and/or reuse water system(s)pursuant to such In-Fill Projects Fund Policy shall be required to pay the costs, fees, charges and rates set forth in Utility's then current Rate Resolution, to comply with the then current In-Fill Projects Fund Policy Statement, and also pay Utility's carrying costs,interest,fees,charges,and rates as provided for in the then current In-Fill Projects Fund Policy Statement. C. The Middleburg Service Area of Utility, as defined and established by the Board of Supervisors for Utility in Resolution No. 1998/1999-10, which is available for review at Utility office and which is hereby incorporated by reference, has been identified by Utility for a special expenditure of funds for utility infrastructure development and plant construction. Customers connecting to Utility's water, wastewater and/or reuse water system(s)within the Middleburg Service Area shall be required to pay the costs,fees,charges and rates set forth in Utility's then current Rate Resolution, to comply with the requirements of Resolution No. 1998/1999- 10, as amended, and also pay Utility's prorated infrastructure development costs, carrying costs, interest, fees, charges, and rates as provided for in Resolution No. Attachment 1 -Page 1 of 14 1998/1999-10, as amended. For the current fiscal year,the carrying charge for the Middleburg Service Area Policy and the Infill Policy and the financing charge for the same each are set forth in Exhibit"A"attached hereto and made a part hereof. Also, the current fiscal year distribution and collection infrastructure charge per acre for the Middleburg Service Area for water and for wastewater are set forth in Exhibit"A"attached hereto and made a part hereof. D. LAMPA, which is the Lake Asbury Master Plan Area, as defined and established by the Board of Supervisors for Utility in Resolution No. 2022/2023-08, which is available for review at Utility office and which is hereby incorporated by reference, has been identified by Utility for a special expenditure of funds for utility infrastructure development. Effective December 19, 2023 and thereafter, Customers connecting to Utility's water, wastewater and/or reuse water system(s) within LAMPA shall be required to pay the costs, fees, charges and rates set forth in Utility's then current Rate Resolution, to comply with the requirements of Resolution No. 2022/2023-08, as amended, and also pay Utility's prorated infrastructure development costs, carrying costs, interest, fees, charges, and rates as provided for in Resolution No.2022/2023-08,as amended. For the current fiscal year, the carrying charge for the Middleburg Service Area Policy, LAMPA, the Infill Policy, and the financing charge for the same are each set forth in Exhibit "A"attached hereto and made a part hereof. 3. OBLIGATIONS OF UTILITY It shall be Utility's obligation to analyze,evaluate,and respond to all requests for extension of its services where extensions to specific locations are requested. Once the Applicant has provided Utility all of the information that is necessary for Utility to evaluate the extension of service, it shall be Utility's obligation to provide a firm price to the Applicant for such service extension including construction cost estimates, where applicable, connection or plant capacity charges,and any other approved charges for such service extensions. 4. OBLIGATIONS OF DEVELOPER It shall be the Applicant's obligation to provide Utility with all of the information Utility needs in order to evaluate the feasibility and cost of providing service. Such information shall include, but not be limited to, (1) location of project, (2) survey of property, (3) complete plans and specifications for project, including drainage plans, (4) flow data, (5) type of facilities to be installed, (6) metering arrangement, (7) size of project, (8) description of waste to be discharged into Utility's wastewater system, including chemical analysis of such wastewater if it is other than domestic wastewater, (9) complete legal names of Applicant and/or Owner, including addresses, type of business entity, and state in which said entity was created, (10) estimated date that service is needed, (11) type of services requested, (12) landscape irrigation watering plan, (13) reuse facilities design, and(14)internal fire flow requirements, etc. It shall be the Applicant's and Utility's responsibility to execute all water, reuse water and wastewater agreements, contracts, and easements which are necessary in order for Utility to provide service to the Applicant's property and/or project. For purposes of illustration and not limitation, the Applicant and Utility shall be required to execute, in accordance with Utility's Resolution No. 1997/1998-08,which, as the same may be amended from time to time,is available for review at Utility office and is hereby incorporated by reference, (i) a letter agreement in the form required by the Executive Director or his/her designee, prior to Utility executing any notification or application for a Florida Department of Environmental Protection permit for the construction or extension of water and/or wastewater facilities with respect to the Applicant's project,and(ii)a Developer Agreement in the form prescribed by the Executive Director of Utility or his/her designee, and the Applicant shall pay to Utility all of the appropriate fees and charges set forth in such Developer Agreement, prior to the commencement of construction of the water, reuse water and/or wastewater facilities to be owned and maintained by Utility, for the project. Attachment 1 -Page 2 of 14 Utility shall not be obligated to provide service to an Applicant that fails to timely satisfy the foregoing conditions for service. 5. ON-SITE FACILITIES It shall be the Applicant's responsibility to pay the entire cost of the on-site water, reuse water and/or wastewater facilities that are necessary to provide service to Applicant's development. On-site facilities are those located within the property for which the Applicant is requesting service. Such on-site facilities shall include the facilities which are necessary to provide for sound engineering design, construction, and operation of the System, and/or to accommodate Utility's Master Plan which may require each development to extend the Master Planned mains across their property and to provide stubs to adjacent properties, as necessary, to loop service, provide redundancy of service, and/or ensure that service can be made available to adjacent properties which may be in the future accepted and incorporated for service into the System by Utility. Such on-site facilities that Utility accepts for ownership and maintenance shall be donated to Utility by the property/project owner within a defined easement area and/or fee ownership parcel granted to Utility. If on-site temporary pump stations or backflow prevention devices are required,they shall be paid for 100%by the Applicant,without any provision for refund. 6. OFF-SITE FACILITIES Off-site facilities are those located outside the property for which the Applicant is requesting service which are necessary to connect and transmit water, reuse water or wastewater to or from Utility's facilities. Where off-site extensions are required in order to service Applicant's development and such off-site mains will be used strictly for the Applicant's development,then the total cost of such off-site extension shall be paid for entirely by the Applicant,and if Utility agrees to accept them for ownership and maintenance, the property/project owner shall donate them to Utility. In such situations,there will be no refundable agreement. This provision shall not preclude Utility from connecting to such systems for the purpose of master planning looped service to the area. 7. CONSTRUCTION OF OVERSIZED FACILITIES Where pump stations, on-site force mains, and other facilities are master planned to serve substantial developments other than that required for the Applicant requesting service, then such Applicant, who requests service, may be required to pay the entire cost of the oversized facilities. In such event the area to be serviced by such oversized facilities will be identified and a basis for equitable allocation of the cost will be established. The Applicant,who advances the cost of such facilities, will be refunded without interest as other developments pay their pro rata share of the oversized facilities in accordance with the provisions of the "Refundable Advances" section in Paragraph 8 herein. Where off-site extensions are required in order to service Applicant's development and such off-site mains are sized so that they can be utilized by other properties not owned by the Applicant, then the Applicant, who is requesting service, may be required by Utility to front the fixed charge quotation of Utility or the contract cost of Applicant's contractor for such mains. In such event,Utility and Applicant will enter into a refundable agreement,as described in Paragraph 8 herein. Should situations arise where it is more practical for Utility to advance the excess fixed charge quotation of Utility or the contract cost of Applicant's contractor of permanent pump stations, force mains, and other oversized facilities, and where such property to be served by the oversized facilities would normally be required to pay all such charges for the on-site and off-site mains,then in those situations,Utility will be allowed to prorate such charges on an equitable basis over the property/properties to be served by such facilities from those properties benefiting from same. Utility shall not have any obligation to advance such charge, however, it is possible that areas exist that it would not be economically feasible to service on any other basis due to the small size of the project involved. Attachment 1 -Page 3 of 14 8. REFUNDABLE ADVANCES If an Applicant advances the charges for certain off-site extensions and oversized facilities which will benefit other properties with excess available capacities, Utility shall enter into a refundable agreement with the Applicant for the value of such excess capacity charges. This agreement shall carry a term of ten(10)years without interest,subject to extension for an additional ten (10) year term without interest, if the Applicant which is subject to such a refundable agreement,or its successors and assigns,applies writing delivered to the Executive Director of the Authority prior to the expiration of the initial ten (10) year term for an extension of the term of such refundable agreement. If the property/properties, which are the subject of collection for refund, does/do not develop prior to the later of the expiration of(i) the initial ten (10) year term of the refundable agreement or(ii),as applicable, the ten(10)year extension term thereof, if such agreement has been so extended as called for in the preceding sentence, then no further refund(s) will be due. An equitable basis for allocation of the excess charges that is advanced by the Applicant will be established. As subsequent applicants connect to the service provided by such facilities, their pro rata share of the charges for such facilities will be assessed to them and, when collected, will be refunded to the original Applicant who advanced the charges for such facilities. Such refunds will be made until such time as the original Applicant who advanced the charges for the facilities,has received 100% of the excessive charges that he or she originally incurred. 9. SYSTEM DESIGN AND CONSTRUCTION All extensions to Utility's system shall be designed and constructed in accordance with Utility's current standard details, specifications,and procedures at the time of permit application. It shall be Utility's right, at the Applicant's expense, to construct and/or approve the construction of the on-site installations that will be owned and maintained by Utility. It shall also be Utility's right to review all plans and specifications for connections to its system to ensure that Utility's design standards are met and to ensure that service to existing Customers is not unduly and unnecessarily interrupted. Developer shall pay a fee to compensate Utility for the time required to review such plans and specifications. Utility reserves the right to approve Applicant's contractor prior to construction of any on-site or off-site facilities,which contractor must,at a minimum,hold a license from the State of Florida for underground construction and demonstrate acceptable experience in the field. 10. DESIGN BY INDEPENDENT ENGINEERS All extensions to Utility's System that require permits shall be designed by a State of Florida Licensed Engineer("Engineer"). All designs shall be coordinated to coincide with Utility's Master Plan for service to the area. All plans and specifications shall be stamped approved and accepted via written permit by Utility prior to commencement of any construction. In the event of any dispute as to the final approved engineering design of any facilities to be accepted and incorporated into Utility's System, Utility's Chief Engineer, or his/her designee, shall have final approval authority. 11. CUSTOMER CONNECTION CHARGE(TAP-IN) Charges in this section shall be as defined in Section 2(4) of the Rate Resolution. The charge for Utility construction costs for tapping into a line to connect service is an amount equal to Utility's estimate of the approximate cost to design,permit and construct a connection point to Utility's existing facilities and extension of such facilities to Customer's property utilizing Utility's own staff. Such extensions may be potable water, reclaimed water or wastewater facilities. The availability of Utility's construction personnel to accomplish any particular job is not guaranteed and is subject to scheduling. Alternatively, Developer may employee an Engineer to design and permit such extension and hire a Florida Licensed Underground Utility Contractor to provide the installation. In such event, Developer shall comply with all of Utility's standard requirements, Attachment 1 -Page 4 of 14 including, but not limited to, design, permitting, construction, property transfers to Utility, Warranty, Maintenance Security Bond, as-built drawings, easements, etc. 12. WATER METER INSTALLATION The Developer or each Applicant shall be charged for the water meter and for installation of the water meter as set forth in Exhibit"A"attached hereto and made a part hereof. Those charges only include the installation of the meter, stub-out pipe from the meter and a backflow prevention device, and do not include any other charges associated with the installation of other service and the charges associated with tapping into the water main. To the extent a service installation is required in order to provide Customer utility service, the charges for such installation, including the installation of the water meter will be based on the estimated cost of the installation,regardless of meter size. In no event will such charge be less than the meter installation charges shown above. The water meter installation charges, and any such additional charges, are due and payable at the time Customer makes an application for service. 13. REUSE WATER METER INSTALLATION The Developer or each Applicant shall be charged for the reuse water meter and for installation of the reuse water meter as set forth in Exhibit "A" attached hereto and made a part hereof. Such charges only include the installation of the meter and stub-out pipe from the meter, and do not include any other charges associated with the installation of other service and the charges associated with tapping into the water main. To the extent a service installation is required in order to provide Customer utility service, the charges for such installation, including the installation of the reuse water meter will be based on the estimated cost of the installation, regardless of meter size. In no event will such charge be less than the meter installation charges shown above. The reuse water meter installation charges, and any such additional charges, are due and payable at the time Customer makes an application for service. 14. CUSTOMER INSTALLATION (CUSTOMER MAINTAINED LINES) The Applicant shall be required to own and maintain all facilities that are installed by it or its plumbers on Customer side of the point of delivery. Such facilities shall also include all fire flow detection devices and backflow prevention devices whether installed by Utility or by Applicant. 15. INSPECTIONS Utility does not require inspections at the present time. However, any damage to Utility's system due to a faulty connection shall be the responsibility of Customer and property owner(if they are not the same)when and if such faulty connections are found. Customer or property owner shall be required to pay Utility the actual cost of any inspections required as a result of such problems. 16. TRANSFER OF CONTRIBUTED PROPERTY -BILLS OF SALE Once Utility initiates permanent service, unless the parties agree to the contrary, then Utility's water, reuse water and wastewater agreement automatically activates the transfer of title to Utility of the on-site and off-site facilities that Applicant has paid for and which are required to be donated to Utility. 17. COST RECORDS AND "AS-BUILT SURVEY PLANS" All cost records pertaining to the cost of the water,reuse water and sewer facilities donated to Utility, shall be provided to Utility. Prior to acceptance of any extension to Utility's system that is completed by a licensed underground utility contractor, Utility will require that: Attachment 1 -Page 5 of 14 Applicant's contractor provide Utility "As-built Survey Plans" per Utility's As-built Specifications Standards Manual; Neat, legible, handwritten field copy as-built drawings be submitted showing all dimensions and elevations required by Utility; and Applicant shall be responsible for paying in advance Utility's cost for quality control review of"As-built Survey Plans" for each such extension of Utility's system, based on Utility's initial estimate of the cost of such review. Applicant shall be charged on an hourly rate an additional cost for completing follow-up, plus plotting and printing costs for any extra proof sets, for extra time required for revisions to Utility's CADD"As-built Survey Plans",caused by inadequate,inaccurate or incomplete "As-built Survey Plans" provided by the Applicant's surveyor. Once Utility has completed a proof set of the final, "As-built Survey Plans" will be provided to the Applicant's contractor for proofreading and verification of its accuracy of quality control review of the revised "As-built Survey Plans". When Utility's proposed final CADD as- built plans have been verified as accurate by the Applicant's contractor, then a final set of official "As-built Survey Plans" will be plotted by Utility, and mylars will be prepared and submitted for the signature of the Applicant's contractor. 18. EASEMENTS AND RIGHT-OF-WAYS It shall be the Applicant's responsibility to provide all easements and right-of-ways to Utility that are necessary for Utility to have proper access to its facilities for maintenance and repair purposes. Where metes and bounds legal descriptions are required by the Applicant/property owner, in situations where Utility would normally accept blanket easements, then the cost of the preparation of such legal description shall be that of the Applicant/property owner. 19. ACCEPTANCE OF FACILITIES AND MAINTENANCE BOND Utility reserves the right to require that all facilities which are to be connected to its system be acceptable to Utility before permanent water,reuse water and/or sewer service will be provided. In addition,Utility reserves the right to require proof that all water,reuse water and sewer facilities, which are accepted by Utility for ownership and maintenance, have been paid for in full by the Applicant/property owner and the title to same is clear of all encumbrances. The Applicant/property owner shall also provide to Utility, at the Applicant/property owner's sole expense, such maintenance bond or 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. 20. DEVELOPER AGREEMENTS Utility requires that a water, reuse water and/or wastewater agreement be executed for all extensions of service to new Customers which require extension of and/or alterations to Utility's existing facilities in order to initiate such services. If an existing Customer is modifying their current service under a pre-existing Developer Agreement with Utility, or under a similar service agreement with a predecessor service provider to Utility, then the Executive Director or his/her designee shall have the authority to require that the entire Customer's service be documented and amended and restated in a current Developer Agreement with the Customer, confirming the existing service, and providing for the expanded or modified service and for payment of all fees, rates and charges in connection with such expanded or modified service, prior to effecting the expansion or modification of that customer service. The purpose of this provision is to attempt to ensure that all Customers of Utility are legally obligated to Utility under current, consistent Developer Agreements, taking into account applicable project specific provisions. Attachment 1 -Page 6 of 14 The form of Developer Agreement for each such extension of service shall be prescribed by the Executive Director of Utility, or his/her designee, pursuant to Resolution No. 1998/1999- 11, as amended, and shall include such additional and further provisions which the Executive Director or his/her designee shall, in their sole discretion,be required to fully protect the rights of Utility and enhance the efficient operation of Utility with minimum exposure to third party tort and contractual liability, again taking into account applicable project specific provisions. 21. FACILITIES INSTALLED OR FINANCED BY UTILITY Where Utility has installed or financed the installation of water, reuse water and/or wastewater facilities at its expense,and it is not practical to maintain cost records for determination of the pro rata share of the charges allocable to an applicant, Utility shall be allowed to charge the Applicant a front footage charge representing the reasonable cost to cover the Applicant's fair pro rata share of the original value of the mains serving the Applicant's property. In the event such facility is a service lateral to applicant's property, then Customer will be assessed a charge based on Utility's estimate of the original value of the service line installation. 22. PRIVATE FIRE PROTECTION CHARGE The Applicant may request to have direct fire main stubs to their facilities for purposes of internal fire sprinkler system and may request Utility guarantee the availability of a specified G.P.M. of flow for fire protection. In such instances where the existing mains are capable of carrying the fire flow requested,the Applicant shall pay to Utility the Private Fire Protection charge set forth in the Rate Resolution then in effect, for the purpose of assisting Utility in providing the excess reserve plant capacities required for the fire flow to the Applicant's property. In instances where the existing mains are not capable of carrying the fire flow requested, then Utility shall provide an estimate of the charges to alter the existing fire mains to accommodate the Applicant's fire flow requirement and the charges for such alterations shall be reimbursed by the Applicant in addition to the Private Fire Protection Charge. 23. INSPECTION OF FACILITIES TO BE OWNED BY UTILITY Where facilities which are to be owned by Utility are constructed by an outside contractor, Utility reserves the right to have an inspector on the job at all times during all phases of construction in which case it shall be the applicant's responsibility to reimburse Utility for the estimated cost of such inspections, including all overhead associated with same. 24. DESIGN OF FACILITIES TO BE OWNED BY UTILITY Where the Applicant has its engineer design facilities which are to be connected to Utility's existing facilities,and are to be owned by Utility,Utility reserves the right to require the Applicant to reimburse it for its entire cost incurred in reviewing the plans prepared by the design engineer, such cost to include all overhead associated with such review and Utility's cost for a review engineer hired or contracted with by Utility for such purpose. 25. SEPTAGE DISPOSAL The Authority will accept only domestic septic wastes from licensed, commercial carriers of septage. Septage carriers must apply in advance for permission to use the Authority's facilities, and the Authority staff shall not grant permission to any carrier to use the Authority's wastewater treatment facilities if such carrier or its principal(s) have a demonstrated history of illegal or inappropriate dumping or deposit of industrial wastes,pollutants or contaminants. Any denials by staff may be appealed by the septage carrier to the Board of Supervisors. The Authority reserves the right to collect septage samples periodically to evaluate the various pollutants including, but not limited to, Biochemical Oxygen Demand("BOD")and Total Suspended Solids("TSS"). Should test results disclose chemical contents that may be detrimental to the Authority's bacteriological treatment process and/or effluent disposal limitations then such Attachment 1 -Page 7 of 14 disposal, once identified, will no longer be accepted. If it becomes evident that policing unauthorized disposal is not practical, then the problems will be presented to the Board of Supervisors of the Authority for formal action with regard to continuation of such service. Septage carriers must provide the Authority with a manifest indicating the source and quantity of wastes introduced into the wastewater treatment system. Septage carriers will also be responsible for laboratory costs incurred by the Authority to evaluate the wastes being introduced into the treatment system. Septage carriers will further be responsible for removing initial screenings from the strainer at the point of discharge. The solids will be deposited in a container supplied by the Authority. In addition to the foregoing, all users of Utility's wastewater treatment facilities shall comply at all times with, and shall be subject to fine, penalty, termination or other sanction as provided in, Authority Resolution No. 2011/2012-06, the Pretreatment Resolution, which, as amended from time to time, is available for review at Utility office and is hereby incorporated by reference. 26. CROSS-CONNECTION CONTROL POLICY All Customers shall comply with Utility's Cross-Connection Control Policy,as previously adopted by the Board of Supervisors for Utility,as the same may be amended and then in force. A copy of that policy is on file with the Recording Secretary for the Authority and is available for inspection during normal business hours of the Authority. 27. DEFERRAL AND FINANCING OF FEES,CHARGES AND COSTS Utility is prohibited from providing free service, and shall impose uniform rates, fees and charges for each user of the same class. However, the Board of Supervisors for Utility may, from time to time,extend credit or defer collection of the fees,charges and costs provided for herein and under the Rate Resolution,as follows: A. Hardship Deferrals. Hardship deferral or financing of charges, fees and cost that are payable or reimbursable to Utility may be considered on a case by case basis for residential properties,if the Applicant will be occupying such property as their primary residence and if the Applicant, considering all sources of income and all assets owned by the members of the Applicant's household, also meets the poverty level income and asset guidelines then utilized by Clay County, Florida, in the administration of the County's social service program and for the County's solid waste disposal assessment hardship assistance. B. Other Deferrals. Other deferral or financing of charges, fees and costs that are payable or reimbursable to Utility may be considered on a case-by-case basis,when the Applicant's circumstances, as documented to Utility,are such that the payment of charges,fees and costs to Utility when due hereunder or under the Rate Resolution is not practical or reasonable, and when any of the following circumstances exist: i. Applicant is a non-profit corporation,providing low-income housing. ii. Applicant's property to be served by Utility is within a current or former grant area, which then or in the past has received federal or state payments to upgrade central water,wastewater or reuse system(s)serving the area in which the subject property is located. iii. The property or intended use of the property is unusual or irregular, such that the immediate payment of Utility's charges, fees and cost reimbursements in strict accordance with the terms of the Rate Resolution Attachment 1 -Page 8 of 14 or this Service Availability Policy does not result in a fair burden on Applicant for connecting to Utility's system(s). iv. There is a special environmental benefit accruing from connecting the property to Utility's system(s). v. There is available to Utility third-party financing, payments, incentives or other revenue in consideration of Utility providing the immediate connection. vi. Other circumstances exist which, in consideration of the public trust held by the Board of Supervisors of Utility,make it in the best interest of Utility and its ratepayers to defer or finance the collection of such charges, fees and reimbursable costs required to be paid to Utility for connection of service. vii. Applicant is a for-profit corporation, providing "workforce housing" as defined by s.420.5095(3),Florida Statutes,or any successor statute thereto. In any instance in which a deferral or the financing of charges,fees and reimbursable costs is approved,the Board of Supervisors shall adopt as a part of its action and record, findings which support the existence of a public benefit accruing to Utility and its ratepayers from the extension of credit by deferral or financing of charges, fees or reimbursable costs, or any of them, in that instance. Notwithstanding anything to the contrary herein, the Board of Supervisors shall not discriminate in the approving or disapproving of any such requested deferral or financing of charges, fees and reimbursable costs, based on the race, ethnic origin,religious affiliation, marital status, gender or age of the Applicant. Any charges, fees or reimbursable costs payable to Utility which are deferred or financed pursuant hereto shall be secured by a lien against the subject property and shall be repaid on such terms and conditions as approved by the Board of Supervisors. In the event that any information provided, or representations made to the Board of Supervisors in a successful application for deferral or financing is later shown to be materially false or misleading, then the Board of Supervisors, in its sole discretion, may accelerate all deferred or financed charges, fees and costs, and the same shall by payable by the Applicant,its successors and assigns as to the subject property, upon demand by the Board of Supervisors. 28. ADDITIONAL COSTS OF PROVIDING SERVICE. In the event that an Applicant, or an Applicant's predecessor in interest with respect to a property, increases the cost of providing service to that property by refusing to cooperate with Utility in timely master planning for water, wastewater, and/or reuse water service(s) to such property;by refusing to grant easements for utility purposes across the property designed to serve that property and adjacent property which is to be served by Utility; by refusing to enter into a Developer Agreement in sufficient time for Utility to extend service to the Applicant's property in a cost efficient manner; by negotiating for service, or entering into agreements for service, with unfranchised water, wastewater, and/or reuse water utility providers within Utility's geographic jurisdictional limits; or by acting in any other manner inconsistent with Utility's policies and practices,including those set forth in the Rate Resolution and this Service Availability Policy,then such Applicant, and its successors in interest with respect to such property, or any portion(s) thereof, shall be responsible for the increased cost and expense of Utility ultimately providing service to such property,including without limitation,the cost of condemnation of easements,cost of litigation,increased cost of emergency or expedited construction of Utility's facilities,increased professional fees and expenses, and other reasonable costs and expenses of Utility, which are reasonably attributable to the action of the Applicant, or the Applicant's predecessor(s) in interest as to such property. If such increased costs and expenses are fairly allocable to more than one such property, then the total increased cost and expenses shall be allocated among all of the properties affected. Attachment 1 -Page 9 of 14 29. FLEX RENTAL SPACE DEVELOPMENTS. Determination of an Applicant's or Customer's intended use of a particular service location is necessary for Utility to accurately compute and apply the ERCs applicable to that service location, and to determine the metering requirements for that service location. Multi-tenant structures typically require separate utility facilities and metering for each unit capable of being leased. However, the Board of Utility desires to implement a new approach in dealing with undetermined use speculative office, commercial, industrial and/or retail space developed at a single service location, which may require more than one meter(Flex Space"), which Flex Space is sought to be metered or modified by an Applicant or Customer after October 1, 2005. For new or modified Flex Space, Utility shall continue to require individual meters and plumbing design for the maximum number of units based on what the Applicant or Customer reasonably believes to be the smallest space that will be capable of being leased. The Applicant or Customer then shall be given the option to pay for all meters with the Developer Agreement and install all the meters in advance when service location is ready for the first meter. If all meters are installed and paid for in advance as described above, then Utility would make any appropriate adjustments once the initial occupancy and leasing configuration for the service location is established and would remove and refund any excess meters at that time. However, if the Applicant or Customer elects the option of only paying in advance for one meter, and paying for supplemental meters as occupants or tenants move into the service location, then Utility shall impose an extra service charge per event, applicable each time a supplemental Developer Agreement is to be prepared to add an additional meter or a block of meters. Utility shall continue to collect capacity charges in advance, based on the least intensive assessment of those charges. If the tenants or occupants for the service location,and their respective intended uses,are not known upfront,then a supplemental Developer Agreement will be prepared for each adjustment to the service location's overall usage to true up the impact of the service location on Utility System, and additional charges shall be imposed by Utility as the tenants or occupants come online at that service location. An additional service charge shall be assessed with each supplemental Developer Agreement. If a supplemental Developer Agreement covers both the assessment of additional capacity charges and additional meters, then only one additional service charge will be assessed. In addition to the foregoing, if an Applicant or Customer has pre-planned and determined which meter will serve each lease space or unit of the Flex Space for the service location, and provides that information to Utility, then Utility's staff will audit and verify which meter serves each individual unit of the service location. This additional audit will be done in one trip for all meters at no additional charge. However, for each additional trip that, in Utility's judgment, is necessary to audit the meter/rental unit relationship, a service charge per trip shall be assessed. Should the audit take over three quarters of an hour, then each extra hour or portion thereof shall be charged per hour. For existing Flex Space, which is master metered, Utility will attempt to be notified by appropriate county building department each time a commercial unit changes names for electric service. Utility staff shall determine if the service address location is a master metered unit, and if so, Utility will send the Industrial Pretreatment Survey and other questionnaires to the tenant, occupant or the service location owner for completion, based on the information available to Utility. Based on the returned Industrial Pretreatment Survey, Utility will advise the service location owner what, if any, special pretreatment requirements will be assessed. If necessary to ensure compliance, the service location owner will be notified of the date that Utility's service to the service location will be discontinued to the master meter, if the information requested is not received by Utility. At any time during the course of Utility providing service to any new service location after October 1, 2005, Utility shall have the right to inspect and audit the number of separate occupants and tenants per meter. When this inspection occurs, if no violation of this policy is found, there will be no charge for the inspection. However,for each violation that is found,a charge of$500.00 will be assessed to recover the cost of this administrative inspection program. In addition, if the Applicant or Customer is not in compliance, the Applicant or Customer will be given ninety (90) Attachment 1 -Page 10 of 14 days to correct the metering problem, at the Applicant or Customer's expense. Failure to timely comply with that notice will authorize Utility to discontinue service to the service location's master metered service, until such time as compliance with all of Utility's policies are achieved by the Applicant or Customer for that service location. 30. RESIDENTIAL RECLAIMED WATER SYSTEM DEMAND MANAGEMENT In an effort to manage costs for the best benefit to all reclaimed Customers due to (i) the extreme peak demands that can be created when multiple irrigation systems are activated at the same time and (ii) the unreasonable cost of the oversized facilities required to meet that demand, it is necessary that demand management practices be initiated. In this regard,the following demand management practices shall be followed: A. This policy applies to established lawns only. Irrigation of new landscape will be allowed at any time on any day for the initial thirty (30) days and every other day for the next thirty (30) days for a total of one sixty (60) day period, provided that the irrigation is limited to the minimum amount necessary for establishment. B. The Authority supports the water restrictions published by the St. Johns River Water Management District. Refer to the St.Johns River Water Management District website (http://www.sjrwmd.com/wateringrestrictions/) for the latest watering restrictions. All Authority-approved reclaimed irrigation contractors shall be trained on the St. Johns River Water Management District's demand management criteria and are required to adhere to this criterion when setting single-family residential reclaimed irrigation system timers served by the Authority's System. Authority staff shall be authorized to inspect and enforce the St. Johns River Water Management District's demand management criterion and as a last resort, may discontinue reclaimed water service to those violating these demand management requirements. This policy and management program applies only to single-family reclaimed irrigation systems. General service reclaimed irrigation systems may be required by agreement to adhere to specifically designed demand management practices. 31. ADJUSTMENT FOR NEWLY SODDED LAWNS The Authority provides a separate adjustment for Customers who have new sod installed as their lawn on their property or leasehold. The adjustment for new sod is limited to no more than once every five (5) years per Customer. The Customer must provide proof of the newly sodded lawn and Authority staff must schedule a field audit with the Customer to verify that the Customer is not overwatering the newly sodded lawn. If eligible based on the Authority's verification,then the Customer would receive an adjustment based on a bill calculated with usage rates capped at tier 2 rates. The Customer's adjusted bill would only apply to the first thirty (30) days after the new sod is installed. The volume of water related to irrigating the new sod would not be subject to sewer charges for that initial thirty(30) day period. 32. SWIMMING POOL CREDIT FOR WASTEWATER(I.E., SEWER)USAGE The Authority shall offer a pool credit to Customers (both residential and general service) in good standing. Any metered Customer with water service to whom wastewater (i.e., sewer) charges are regularly rendered and through whose meter a swimming pool receives water from the Authority's water system and whose pool capacity has been documented to the Authority by the pool contractor,builder or homeowner, shall have the right under certain circumstances, to fill the pool without application of the wastewater charge to the quantity of water used to fill the pool and excess usage from that pool fill shall be at tier 2. These circumstances include initial pool Attachment 1-Page 11 of 14 construction and major pool maintenance projects that require pool draining. The right to fill the pool without wastewater flow charges and with excess usage charges at tier 2 level, may be exercised by the Customer making a written request using the forms available from the Authority. The written request shall include such documented proof as required and satisfactory to the Authority,of the pool's capacity in gallons. The written request shall also include: A. Affidavit (on the form provided by the Authority), properly executed by the Customer and builder; B. A copy of the building permit from the Clay County Building and Zoning Department (or equivalent building and zoning department depending on the location of the Customer's property being served by the Authority)for a new pool, or a copy of a maintenance agreement requiring the draining of an existing pool; and C. Water meter readings both immediately before and after the filling of the pool,with dates and times of readings noted. If the builder or Customer is not comfortable with obtaining the meter readings,Authority personnel will provide the service for the current advertised service charge. Customer will be responsible for any damages to the Authority's meter box, meter and reading devices if the Customer damages Authority property while obtaining these readings. All written requests shall be furnished to the Authority no later than thirty (30) days after completion of the filling. Requests will not be reviewed for consideration if all of the outlined items above are not included. Upon receipt of a proper written request, the Authority shall issue an appropriate credit to the Customer's account. 33. NEW DEVELOPMENTS — START-UP UTILITIES — RESPONSIBILITIES FOR MINIMUM START UP COST In areas where new or revised development order(s) and/or development permit(s) are granted and construction of new or expanded water,wastewater,and reclaimed water utility plants and system are required as part of the start-up infrastructure for such development, the Authority and the Applicant or the Customer shall negotiate the terms and conditions for the Authority to cover all water, wastewater, and reclaimed water plants and system costs applicable to such development. Typically, the Authority installs or expands its plants at its expense and recovers capacity charges from the Applicant or Customer, which is designed to recover plant and related costs. Due to the ever-increasing construction cost and the uncertainty of the value that the Applicant or Customer will propose for the land that will be dedicated for plant sites, it is impossible to establish whether the current or future capacity charges of the Authority will be sufficient to cover that cost. It would be unfair to existing ratepayers for the Authority to be exposed to the financial risk of the initial development and operating cost without some guarantees from the Applicant or the Customer. The overriding goal is to come up with an agreement whereby the cost of all plants, including the plant site(s) land value to be funded by the Applicant or the Customer of that particular development,and any over sizing of facilities for master planned areas outside of that development shall be recovered from the owner(s) of other affected and benefited development projects, and then refunded to the Applicant or the Customer for the original development. In addition, a guaranteed revenue provision may be initiated and agreed to by the parties on a case-by-case basis to help the Authority cover its on-going costs until a negotiated number of paying customers are connected to newly constructed plants. The target number of customer connections will be the number it will take in order for the new plants to reach a cash flow breakeven point. The primary purpose of this Paragraph 34 is to emphasize financial feasibility for the Authority since the initial investment for new plant(s) will be significant without any assurance that customer growth will be sufficient to support the Authority's requested infrastructure Attachment 1 -Page 12 of 14 investment. Therefore, the Authority shall have the prerogative of determining if and when such a particular development has progressed to a point where financial feasibility has been achieved and conversion to the Authority's normal and customary service availability charges can be commenced. This does not include the additional cost of normal stubs to adjacent properties, which the Authority requires of the Applicant(s) and/or the Customer(s) under its Rate Resolution and otherwise by this Service Availability Policy. 34. DEFERRAL OF CERTAIN CAPACITY AND CONNECTION CHARGES FOR SINGLE FAMILY RESIDENTIAL AND WORKFORCE HOUSING DEVELOPMENTS The Board of the Authority finds that promoting single family home ownership and workforce housing development serves a vital and important public purpose consistent with the mission and statutory authority,mandate,and duties of the Authority. The Board further finds that the deferral of certain Utility fees or charges until water service is applied for within a planned single-family residential development of one (1) or more total lots on a per single-family lot (i.e., 1 ERC) or workforce housing meeting the criteria defined by s. 420.5095(3), Florida Statutes, or any successor statute thereto, is a reasonable deferral of Utility fees and charges which will not negatively impact the Authority's ability to plan for or reserve capacity, nor negatively impair the extension of the distribution and collection facilities of the System.Therefore,the Authority hereby authorizes the Executive Director or his/her designee to enter into such Developer Agreements as the Executive Director sees fit for the provision of water, wastewater, and/or reclaimed water service to any Applicant for the same, for single-family residential developments or workforce housing,contractually binding the Authority's deferral of the Capacity Charges,AWS Connection Charge,and Environmental Impact Charge as would otherwise be applicable to such Property.For single-family residential developments, deferred charges shall be divided into and collected on an individual per single family residential lot basis, as water service is applied for in the future. Workforce housing development deferred charges shall be collected as water service to that development is applied for in the future. The Developer Agreement shall contain such other and further provisions as authorized by the Executive Director and as may be approved by the Board from time to time. The Debt Service Charge and other established rates, fees, and charges of the Authority for such Property shall not be deferred. The Executive Director shall cause such recordings as necessary to be made in the public records of the subject county reflecting the deferral of the fees and charges so authorized. 35. ADDITIONAL PROVISIONS APPLICABLE TO MASTER METERED DEVELOPMENTS For the Applicants applying to the Authority to master meter a multi-family or commercial development which will be serving multiple tenants and where the entire project is to remain under single ownership and the entire site will be master metered with all on-site utilities remaining under private ownership and operation unless otherwise approved by the Authority, if the site is master metered,the Applicant or the Customer must provide the following items for review and approval as part of the permit and plan review process: i. A water conservation plan indicating the processes and routine investments for operation and maintenance of the private on-site distribution system. The water conservation plan shall demonstrate protection of the water resource being provided on a master metered basis. ii. Either a letter of credit or financial deposit in such an amount as to protect the credit risk to the Authority being incurred for providing such utility services to the Applicant or the Customer on a master metered basis,rather than being secured by separate utility deposits for individual meters. o For residential multi-family developments, the letter of credit or financial deposit shall be calculated based on the number of units within the development multiplied Attachment 1-Page 13 of 14 by the deposit amounts specified in the Rate Resolution for a single-family residential home. o For commercial developments, the letter of credit or financial deposit shall be calculated on an ERC basis using the equivalent meter methodology described in Section 30 of the Service Availability Policy. iii. The Applicant's or the Customer's contractual acknowledgement and agreement that the Applicant or the Customer, its successors and/or assignees, shall not be entitled to the benefit of Section 3.,subsections(18)and(19),of the Rate Resolution regarding individual (non-master metered) customer adjustments, and may not participate in the Authority's water leak credit program, nor in any other similar program designed to help individually metered services not bear the full impact of a previously undetected leak or meter reading error attributable specifically to an individually metered service, for any such master metered service connection. iv. The Applicant or the Customer, its successors and/or assignees, shall not add an administrative fee nor upcharge water, wastewater, and reclaimed water, where available, services to the tenants of such master metered developments. Section 420.5095, Florida Statutes, entitled "Community Workforce Housing Loan Program", defines "workforce housing" in subsection (3) thereof as meaning "housing affordable to natural persons or families whose total annual household income does not exceed 80 percent of the area median income, adjusted for household size, or 120 percent of area median income, adjusted for household size, in areas of critical state concern designated under s. 380.05, for which the Legislature has declared its intent to provide affordable housing,and areas that were designated as areas of critical state concern for at least 20 consecutive years before removal of the designation." Attachment 1-Page 14 of 14 Attachment 2 FIRE HYDRANT METER POLICY RATE SCHEDULE Description of Fee or Charge Amount "Plan A" Deposit (Lessee installs meter) $ 1,280.00 "Plan B" Deposit(CCUA installs meter) $ 585.00 Application Fee $ 30.00 Meter Assembly Base Facility Charge (Per Day; $104.10 per month/30 days) $ 3.47 Water Usage Charge (Per 1000 gallons) $ 2.81 Meter Setup/Relocation Fee and Fee to Replace Cut Meter Lock $ 30.00 Meter Reading Charge $ 30.00 Field Visit for Meter Inspection Fee *** $ 30.00 Lost Wrench Fee $ 30.00 Meter Assembly Damage Fee—The Greater of either Replacement or $ 138.00 Wrench Rental $ 30.00 PLAN "A": Security deposit and Application Fee: $ 1,310.00 PLAN "B": Security deposit, Application Fee and Meter Set up Charge: $ 645.00 (*** Field visit will be necessary if meter is not brought in for reading by required due date) NOTE: All deposits,application fees and rental fees are required to be paid prior to issuing the fire hydrant meter. Attachment 2-Page 1 of 1 Attachment 3 COMMERCIAL ERC FACTOR TABLE TYPE OF ESTABLISHMENT COMMERCIAL: ERC Factor Airports,bus terminals,train stations,port&dock facilities,bathroom waste only (a)Per passenger 0.011 (b)Add per employee per 8 hour shift 0.039 Barber&beauty shops per service chair 0.197 Bowling alley bathroom waste only per lane 0.131 Country club (a)Per resident 0.263 (b)Add per member or patron 0.066 (c)Add per employee per 8 hour shift 0.039 Doctor and Dentist offices (a)Per practitioner 0.657 (b)Add per employee per 8 hour shift 0.039 Factories,exclusive of industrial wastes gallons per employee per 8 hour shift (a)No showers provided 0.039 (b)Showers provided 0.066 Flea Market open 3 or less days per week (a)Per non-food service vendor space 0.039 (b)Add per food service establishment using single service articles only per 100 Square feet of floor space 0.131 (c)Per limited food service establishment 0.066 (d)For flea markets open more than 3 days per week estimated flows shall be doubled Food operations (a)Restaurant operating 16 hours or less per day per seat 0.105 (b)Restaurant operating more than 16 hours per day per seat 0.158 (c)Restaurant using single service articles only and operating 16 hours or less per day per seat 0.053 (d)Restaurant using single service articles only and operating more than 16 hours per day per scat 0.092 (e)Bar and cocktail lounge per seat 0.053 1.Add per pool table or video game 0.039 (f)Drive-in restaurant per car space 0.131 (g)Carry out only,including caterers 1.Per 100 square feet of floor space 0.131 2.Add per employee per 8 hour shift 0.039 (h)Institutions per meal 0.013 (i)Food Outlets excluding deli's,bakery,or meat department per 100 square feet of floor space 0.026 1.Add for deli per 100 square feet of deli floor space 0.105 2.Add for bakery per 100 square feet of bakery floor space 0.105 3.Add for meat department per 100 square feet of meat department floor space 0.197 4.Add per water closet 0.526 Hotels&Motels (a)Regular per room 0.263 (b)Resort hotels,camps,cottages per room 0.526 (c)Add for establishments with self service laundry facilities per machine 1.971 Mobile Home Park (a)Per single wide mobile home space,less than 4 single wide spaces connected to a shared onsite system 0.657 (b)Per single wide mobile home space,4 or more single wide spaces are connected to a shared onsite system 0.591 (c)Per double wide mobile home space,less than 4 double wide mobile home spaces connected to a shared onsite system 0.788 (d)Per double wide mobile home space,4 or more double wide mobile home spaces connected to a shared onsite system 0.723 Office building Per employee per 8 hour shift or per 100 square feet of floor space,whichever is greater 0.039 Transient Recreational Vehicle Park (a)Recreational vehicle space for overnight stay,without water and sewer hookup per vehicle space 0.131 (b)Recreational vehicle space for overnight stay,with water and sewer hookup per vehicle space 0.197 Service stations per water closet (a)Open 16 hours per day or less 0.657 (b)Open more than 16 hours per day 0.854 Shopping centers without food or laundry per square foot of floor space 0.000 Stadiums,race tracks,ball parks per scat 0.011 Attachment 3-Page 1 of 3 Attachment 3 COMMERCIAL ERC FACTOR TABLE Stores per bathroom 0.526 Swimming and bathing facilities,public-per person 0.026 Theatres and Auditoriums,per scat 0.011 Veterinary Clinic (a)Per practitioner 0.657 (b)Add per employee per 8 hour shift 0.039 (c)Add per kennel,stall or cage 0.053 Warehouse (a)Add per employee per 8 hour shift 0.039 (b)Add per loading bay 0.263 (c)Self-storage,per unit(up to 200 units) 0.003 1.add 1 gallon for each 2 units or fraction thereof,for over 200 units,and shall be in addition to employees,offices or living quarters flow rates. INSTITUTIONAL: Churches per seat which includes kitchen wastewater flows unless meals prepared on a routine basis 0.008 (a)If meals served on a regular basis add per meal prepared 0.013 Hospitals per bed which does not include kitchen wastewater flows 0.526 (a)Add per meal prepared 0.013 Nursing,rest homes,adult congregate living facilities per bed which does not include kitchen wastewater flows 0.263 (a)Add per meal prepared 0.013 Parks,public picnic (a)With toilets only per person 0.011 (b)With bathhouse,showers&toilets per person 0.026 Public institutions other than schools and hospitals per person which does not include kitchen wastewater flows 0.263 (a)Add per meal prepared 0.013 Schools per student (a)Day-type 0.026 (b)Add for showers 0.011 (c)Add for cafeteria 0.011 (d)Add for day school workers 0.039 (e)Boarding-type 0.197 Work/construction camps,semi-permanent per worker 0.131 Laundry(Self-service with water efficient commercial washers) 0.520 Automotive Repair&Maintenance Stores 0.500 Attachment 3-Page 2 of 3 Attachment 3 COMMERCIAL ERC FACTOR TABLE RESIDENTIAL: Residences (a)Single or multiple family per dwelling Unit 1 Bedroom with 750 sq.ft.or less of building area 0.263 2 Bedrooms with 751-1200 sq.ft.of building area 0.526 3 Bedrooms with 1201-2250 sq.ft.of building area 0.788 4 Bedrooms with 2251-3300 sq.ft.of building area 1.051 For each additional bedroom or each additional 750 square feet of building area or fraction thereof in a dwelling unit,system sizing shall be increased by 60 gallons per dwelling unit. (b)Other per occupant 0.131 Footnotes to Table I: 1.For food operations,kitchen wastewater flows shall normally be calculated as 66 percent of the total establishment wastewater flow. 2.Systems serving high volume establishments,such as restaurants,convenience stores and service stations located near interstate type highways and similar high-traffic areas,require special sizing consideration due to expected above average sewage volume.Minimum estimated flows for these facilities shall be 3.0 times the volumes determined from the Table I figures. 3.For residences,the volume of wastewater shall be calculated as 50 percent blackwater and 50 percent graywater. 4.Where the number of bedrooms indicated on the floor plan and the corresponding building area of a dwelling unit in Table I do not coincide,the criteria which will result in the greatest estimated sewage flow shall apply. 5.Convenience store estimated sewage flows shall be determined by adding flows for food outlets and service stations as appropriate to the products and services offered. 6.Estimated flows for residential systems assumes a maximum occupancy of two persons per bedroom.Where residential care facilities will house more than two persons in any bedroom,estimated flows shall be increased by 50 gallons per each additional occupant. (2)Minimum effective septic tank capacity and total dosing tank capacity shall be determined from Table II.However,where multiple family dwelling units are jointly connected to a septic tank system,minimum effective septic tank capacities specified in the table shall be increased 75 gallons for each dwelling unit connected to the system.With the exception noted in paragraph 64E-6.013(2)(a),F.A.C.,all septic tanks shall be multiple chambered or shall be placed in series to achieve the required effective capacity.The use of an approved outlet filter device shall be required.Outlet filters shall be installed within or following the last septic tank or septic tank compartment before distribution to the drainfield.The outlet filter device requirement includes blackwater tanks,but does not include graywater tanks or grease interceptors or laundry tanks.Outlet filter devices shall be placed to allow accessibility for routine maintenance.Utilization and sizing of outlet filter devices shall be in accordance with the manufacturers'recommendations.The approved outlet filter device shall be installed in accordance with the manufacturers'recommendations.The Bureau of Onsite Sewage Programs shall approve outlet filter devices per the department's Policy on Approval Standards For Onsite Sewage Treatment And Disposal Systems Outlet Filter Devices, November 2008,which is herein incorporated by reference. Attachment 3-Page 3 of 3 Exhibit "A" LEGAL NOTICE NO11CF OF WRIT(HEARING TO CONSIDER THE ADOPTRIN OF A PROPOSED RESOLD 11ON AMF.NDINGCERTAIN RATES AND CH ARGFS FOR THE CLAY COUNTY VOLT'AUTHORITY The Clay Crawly Nility Authority(7CCUA"l will hold a Public Haring on Motday,Seluember X.2025.at 7:00 PM,in II.,Cloy Couny LIAM.Authoray'x Roadd Room,Mood at 3176 Old Jem6Os Road Middk6nrg,Florida,for the pupae of reedivirg public anon can atng IlKadoption of 10a 2024^_023 budgets. Nine AR service noes are stated as momhly rates.Proposed 3.75%increase to Potable Wm.Reclaimed Water&Sewer Base and Conn..oplion charges.All changes cored hefow. SYSTEM BASE CHARGES: W'aM W'agrwaler Bong Mato Sire 5l0^3 314" 51357 534.93• 520.53 304" 520I6 512.45 530.113 534.02 571.32 $51 13 1&I2" 567.96 5154.62 5102.61 1" 510.76 5347.45 5164.24 J" 521146 5494.92 53E047 4" 5339.04 $773.06 S513.24 b" 5679.67 515161E 51,02647 0" 51,00741 02,174.43 51,662.30 10" 51,56315 53,555,6E 52_360.92 IS. $2,920.20 $6.647.95 54,4120 9Reeideratal Wastewater will be charged the.ante rote regardless of meta sine WATER SURCHARGES: A6enaloe Wrest Supply Surcharge-14r Monthly WOO(Bill 51.26 CONSUMPTION CH.ARC FA lhrxed on 30 dn.): Water S.sR0 Consumption Role: Ao,WQrxd,d SoMsr: Fiat um pail. 51.11 Ncxl 6010 gallons 55.57 Next h.(ae gallon 57.21 All usage over 1 h-00U gallons 5914 Non:Clmlm trout charge per 1,000 gallnm with allowance per meth tymvaiem FRC GmaalSemi., All carnanptian per 1,000 gallem(Excluding Bitable Imgama Meters, 52.01 Grand Sender Parable Irrigation MterndSn.kes Fir&10.000 gallmn 11.00 Neal 15.000 galls 55.57 Next 25,100 gallon _ 57.21 AN..over 50,000 gallons 59.24 Noe:Co ntanpi0n charge per LIR10 gdlm with allmvace per mere&a:g iveled FRC Was4r0Mer S0Rr10 C9ar901ndoa Rates. R,WewgalSenhr: .All Antler Sires 110,000 galkm cap) S4b2 limrrercd Floe Rae 566.43 y luhi-lamily llmnered per Unit f62J0 Noe Whim mclamted water Is s.adablo the sap I.I resid also w.hal0r usage will tar apply Generafsmder: Co.-omphachurgc in,1.010 gallons c,f ma.f oacr,map 5562 Rrr4lmrd Water Consum n00q Rater' Ae1Wraelafand Gmnal Srmdm Finn 15,000 gallons 51.01 Nexr 5,010 gallows $1.90 All usage over 20(RRI gallons 53.00 Molt Commtp.on charge per 1.000 gall.with allowanr per nehr equmakrt FRC CUSTOMER DEPOSIT:open FOCI Sorority Depadr.4mmona, Warn Wastesaleo Paw W W1 Deposit 525.00 550.00 515.00 Minh D.po.0 fun Customer/Without SSN 550.N1 5100.119 550.00 Amid[unrest Rate of 1.76%will be paid on depaxir held ar least 6 mrmhs N.:A meanly depnl a moored fun all nit acmumn vcluding tonal.and existing aarvams Ihal favor.delinquent and Mynas:a field von.An atirliu.wl u6T,^it will he rimmed lit adrusar Iha1 are disconnected Iwiee in oar 12 mends period. SERVICE CHARGES&MISCELLANEOUS FEES: After IMun Prepayaent for New Senn $265.00 Same Day Service(Ta$2 ant Mier Hours Prmsesc 5'iIn Wn:barge(Normal Hoax RAM to 5 PSI,M.F/ $30-110 Ile1b1 t i Yioll Promise Visa CIwrgo.Normal Rec.mcruon Reannnenlln due m Repair.and 2N Trip 530,00 Sp'ul Memo Rereads.Hydrant Reeding Charge and Bach4l0w Ten EMI NOl6w 530.00 Nrtpa.aoem Charge Before 4(10 PM.SI0Me-Friday 530.00 Nonpl.vuw..Charge After 4:00 PM and before 9:00 PM.Monday-Fribv V95.00 Nonpaynarr Charge on Weekends and Holidays 5127.00 Norw aym-ra Charge f Ram Sewn Acaaul 505.00 Lase Notice Charge 5350 Rerun i Cheek Charge 530.00 HO.o l Motr Appfwaiion Set Up.Relcalo.C'harge.and Fee to Replace Cut Meter Lock 530.00 Mow,Inspection F.to,New Melon 1.Idlam. 530.60 Meier Testing Charge lS.1'x34"&3r4") 1I'&Abney Aidcn:.50 col Cosh) $74.00 Meier Reser Foe 1130.00 Allier Tampe.rtg Chage S63.00 RCldwxmwat oi'Broken Curb Slop 1415.I11 Len Charge(Charge doer Inc atcladc an2 rmmnlare ann,addiliuml collodion lees or amtny least 5130.00 Voimim Raroneclion 5.30.00 Monthly Hydra.Bass Charge(pole user et melded raleaj 5106.011 Huh.Mona Ddwsll per Ryan.Policy 550500 to 51.229.01 1lydram Mcler On•:T a fill at('Cl1.A Main Dllke(plus water Cl m-rered rare.) $63.00 Wave Do osal Depnil per Seplage l I,wdcrs fhsp.I Deposit Policy Building Nam Monthly Charge All System.)Cmnera,i nod during cmwtruu.ml 574.00 Wholesale Reebiln.+d Water Cwge Chart'Pc,11M0(Sall. 50.57 Wa4e Disposal From Portable 1 olds.Sepia lank..and landfill Lschate al Sewage:Limn.Plant Po din car,. 5117.01 Pnceuvlg fees In CCCA for Potable W'aler,rua-w"„arM;•Dolrthutilm and Transmission Syalem Permits 5297.00 Processing fits to CCCA for Doom.Waatewaln ColkdionTrarwmisiout System Pertain 5297.00 Proe sit&Pies to CCL'A for Perna Mrli0eatia. 563.011 E.ngy Srmba,e(m he.aswd based ma liamtdal when actual energy amnne,penmlg expenses exceed bda_eted acre)amlmc experoas Aced.adkactln fees ardor costs arum•d by CCLIA in One course ofcolktirg d:Imprnl balances.which!nay be bad 010(nrmaE as rnnxun.of40%of the&hi.and all costs and exptrwes,incldir0 rcasombk attorneys' F,which CCLIA imam In such colleclium ethane.wl1 be paid.m addililm to the,nigvnl ham due,by Ube cu+m1mr rc.p rarb:lit 11.:dam..balance. SERVICE AVAILABILITY CHARGES: Water Capacity Chow Pet ERC 547693 Aleentaine Water Supply Charge Per ERC 5111.64 SIR WMD Hlack Creek Water Resource Devel pmcm Projao Co.eahm Charge Per F.RC 5102.40 Wastewater Capacity Charge Per ERC excluding heyvonc included in FDE P(dram 9.648 1030 and LP11512 54.345.34 Radwn ed Water C'apae0y Chat•Per FRC Go D evelop000t with Reybon.I Wort('pen.Sysloms 531795 Surcharge loll D ylyaoenl of Recbimd Program l.Applic0N:To.AO Deselo.erns Tsx Der Nor Litho Rool.imed Piping System.( _ 5410-610 Oda Service Charge Per FRC $246.79 Fire Plrcchw-Inml Charge l:Per Gallons Per Minim"GPM"Flow I 515.01 I.pr,0n Plan Revtew,t-ball Its Anse.and Rnrordillg Foam .Ae1ua1 Cum Potable Warn Meter.with Ilackdow Do..s 15:g'a3:1"Meter with other sirs at cost)Includes Meter Doc 5501I4 Reclaimed WOWS Meier 1.5 R"x l,4"Meter with other um at cool Dmekpinems with Reclaimed Ward Piping Systems h halides Meier FM 5435.114 As defend n Rale Resolution Supploodual Develop Agnermle A&I nstrai.e Charge 5100.110 Fawned D oybper.Agreynwra.Adoonslo.,0 Charge 5100.110 Flex S0,6:1:Steer Am1nl2wl and sid.e.p.nips)-S5001,plus575.IRI,per hot ine.een of.75hoaex per rep Mauer Meer V kdaion Claagc,where applicable 5500.00 Carney Charge kit Middk6Og Sarver Alca Policy.and 1.11 Poliey 3.11% Fame Charge 5.16% Middleburg Service red De.elopmM Policy-Dislnbulionatd Collari,m Inf&&ruse Charge Per Acre Water 55.756.00 W.Icwaler 511.131.00 LAST PA Infrastructure f per ERC Potable Water 5023.9E Reolnana1 Water 51.01010 Wash what 51.194.67 Additional indammtion on the prpos:NI rates.e1wrges,ad leas Is available for inspection n the off'o of the Clay County U6hty Authority 1 3176(1k1 Jennings Road,Maidk•6urg,Honda.Midday through Friday,g:00.AAI M 5:W PM. excep legal holidays.Following die Phallic Hm ir0,which may he adjourned from lane 10 inure.fix Board of Soperv0wtr may adopt or unodif•(he mi..notes,charges.and fed. In..Mrdanro with the America.With Deahlilles Act,any person needing special acconmdatian 10 participate in thi:matter,should COMBO the Clay Conley U1111ry Authority by mail at 3176 Old lommgs Road.Mi,kllebng.Flerida 32060. 3907,or by tekphanc at(9041 2272.5999.exrama 2461.no later than 7 day&prior to like hearing or proceeding lit whe6 On mlce has been goers flume req..au4nuy asrlrance can access the limping relphon number by coded*the Florida Relay Service ai 1-800-935.0770(Vowel.or 1.M.95 5-0 771 1TDDI. If any p lsm IloOds r appeal a9 dttnaon mated to this aetiat M person aril need to provide a awn reporter at such paawn4 own expel..for a Err-tp1 of the p00000drgs.All mc1e4ed peyaow are mvlhd to wit doe CLAY COUNTY 1111.111'ALTHORITY Jamey Johnston Exn 0010n Direeior Exhibit"A"-Page 1 of 1