HomeMy WebLinkAbout05.e.01 DA GC25.26-6 - Clay Dairy Parkway Return to: GC25/26-6
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
CLAY DAIRY PARKWAY INFRASTRUCTURE
ONLY (FNA GREEN COVE SPRINGS BYPASS)
(Green Cove System)
Name of Project
Parcel No: 38-06-26-016516-000-00
Clay County
DEVELOPER AGREEMENT
This DEVELOPER AGREEMENT ("Agreement"), made and entered into this 1Stti day of
f' a.y 2026, by and between GOVERNORS PARK SOUTH COMMUNITY
DEVELOPMENT DISTRICT, a special-purpose unit of local government, hereinafter referred to as
"Developer" and CLAY COUNTY UTILITY AUTHORITY, an independent special district
established under Chapter 94-491, Laws of Florida, Special Acts of 1994, hereinafter referred to as
"Utility."
WHEREAS, Developer owns or controls lands located in Clay County, Florida, and described
in Exhibit"A," attached hereto and incorporated heirein by reference (hereinafter"Property");
WHEREAS, Developer is constructing the potable water, sanitary sewer and reclaimed water
infrastructure to serve the Property; and
WHEREAS, Developer desires that the 'Utility provide central potable water, pumping,
treatment, and distribution service; central wastewater collection, treatment and disposal service; and
central reclaimed water service for the Property;
WHEREAS, the Utility is willing to provide, in accordance with the provisions of this
Agreement central potable water,wastewater,and reclaimed water service to the Property and thereafter
operate applicable facilities so that the occupants of the improvements on the Property will receive
adequate potable water, wastewater, and reclaimed water service from the Utility; and
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual
understandings and undertakings regarding the furnishing of potable water, wastewater, and/or
reclaimed water service by the Utility to the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and
agreements herein contained and assumed,Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following 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:
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"Consumer Installation" - All facilities ordinarily on the consumer's side of the
point of delivery.
(b) "Contribution-in-Aid-of-Construction(CIAO)"-The sum of money and/or the value
of property represented by the cost of the wastewater collection system,potable water distribution system,
and reclaimed water distribution system constructed or to be constructed which Developers or owner
transfers,or agrees to transfer,to Utility,if so designated by the Utility,at no cost to Utility to provide utility
service to the Property.
(c) "Equivalent Residential Connection (ERC)" -A factor expressed in gallons per day
(GPD) which is used to convert a given average daily flow (ADF) to the equivalent number of residential
connections.For this purpose the average daily flow of one potable water ERC is(450)GPD,one wastewater
ERC is(311)GPD,and one reclaimed water ERC is(275)GPD.
(d) "Point of Delivery" - The point where the pipes or meter of Utility are connected
with the pipes of the consumer.Point of delivery for potable water service and reclaimed water service shall
be at the consumer's side of the meter and for wastewater service at the lot or property line. Utility shall,
according to the terms and conditions hereof,own all pipes and appurtenances to the point of delivery unless
otherwise agreed.The pipes and appurtenances inside the point of delivery shall belong to others.
Lel "Service" - The readiness and ability on the part of Utility to furnish and maintain
potable water,reclaimed water,and wastewater service to the point of delivery for each lot or tract pursuant
to rules and regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that it is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement Upon request,
Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,
taxes, liens and covenants.
4. Connection Charges - In addition to the contribution of any wastewater collection
systems,potable water distribution systems, and reclaimed water systems where applicable, and further
to induce Utility to provide potable water, reclaimed water, and wastewater service, Developer hereby
agrees to pay to Utility the following fees and charges, as defined in the Rate Resolution (including
Service Availability Policy), upon execution of this Agreement in order to reserve capacity in the
System:
(a) Potable Water Capacity Charge:
($476.93 x 0 ERCs) $ N/A
Alternative Water Supply Surcharge:
($411.64 x 0 ERCs) $ N/A
SJWMD Black Creek Water Resource Charge:
($102.40 x 0 ERCs) $ N/A
Wastewater Capacity Charge:
($4,345.34 x 0 ERCs) $ N/A
Reclaimed Water Capacity Charge:
($317.95 x 0 ERCs) $ N/A
Debt Service Charge:
($246.79 x 0 ERCs) $ N/A
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(b) Main Extension Charge—Water $ N/A
Main Extension Charge — Wastewater $ N/A
Main Extension Charge — Reclaimed Water $ N/A
(c) Meter Installation Charge $ N/A
Reclaimed Meter Installation $ N/A
(d) Plan Review Fee $ 962.50 *
(e) Inspection Fee $ 2,657.09 *
(f) Recording Fee $ 145.24
Total $ 3,764.83 ./
* - The"Plan Review Fee" and "Inspection Fee" are assessed specifically for the utility
infrastructure associated with this project,in accordance with the plans referenced on Exhibit"B,"
attached hereto.
Note: Items (d)and (e) are estimates and are subject to adjustment based on actual costs incurred.
Payment of the above charges does not and will not result in Utility waiving any of its rates or
rules and regulations and their enforcement shall not be affected in any manner whatsoever by Developer
making payment of same. Except as specifically stated, Utility shall not be obligated to refund to
Developer any portion of the value of the above charges for any reason whatsoever nor shall Utility pay
any interest upon the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by, through or under Developer, or otherwise, shall have any present or
future right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed
water, or wastewater facilities and properties of Utility, and all prohibitions applicable to Developer
with respect to no refund of such charges, no interest payment on said charges and otherwise, are
applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims
of Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively
referred to as "Components" or"On-Site System") on the Property with all contractual guarantees relating
thereto. Conveyance shall take place within a reasonable time after installation of the On-Site System but
prior to Utility's obligation to provide service. Until such time as the On-Site System is conveyed,the same
shall be operated and maintained by Developer.In its sole reasonable discretion,Utility may decline to accept
the On-Site System , may lease the On-Site System from Developer, or agree to such other arrangement as
it deems appropriate.
Utility shall have the right and obligation, at the Developer's expense, to construct and/or
approve the construction of the on-site installations necessary to provide service to the Property which
shall be owned and maintained by Utility, if so designated by Utility. The Utility shall also have the
right to review all plans and specifications, connections to its system and the Developer shall pay a fee
equal to the Utility's actual cost to review such plans and specifications. The Utility shall have the right
to inspect all phases of construction undertaken by outside contractors for facilities which are to be
owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs
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for such inspection, including all overhead associated with same. Where on-site temporary pump
stations or backflow prevention devices are required,they shall be paid for one hundred percent(100%)
by the Developer without any provision for refund. Utility reserves the right to require backflow
prevention devices on all potable water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed
and approved Developer's contractor and the plans and specifications for construction of the potable
water, reclaimed water, and wastewater systems for the project. The proposed electrical transformer
layout of the electric utility providing service must be provided to the Utility prior to commencement of
construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of
the On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall
secure from its contractor a written and fully assignable warranty that the system installed will be and
remain free from all defects, latent or otherwise,with respect to workmanship,materials and installation
in accordance with Utility-approved plans and specifications,for a period of two(2)years from the date
of the system acceptance by the Utility, and immediately assign the same and the right to enforce the
same to the Utility on or before such date.
The Developer shall provide the Utility,at the Developer's sole expense, a maintenance bond or
other form of security acceptable to the Utility in an amount equal to ten percent(10%) of the project's
schedule of values detailing the infrastructure being dedicated to the Utility. Such bond or security shall,
by its express terms,protect and indemnify the Utility against any loss, damage, costs, claims, debts, or
demands arising from defects, whether latent or otherwise, in the dedicated system. This security shall
remain in effect for a period of two (2) years from the date of the Utility's formal acceptance of the
system. The Utility reserves the right to require security in excess of ten percent (10%) if deemed
necessary to adequately protect the Utility from potential liabilities associated with warranty defects.
In addition to any other promises, guarantees or warranties to be provided by Developer to the
Utility hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs,
claims, debts or demands by reason of defects, latent or otherwise, in the system which could not have
been reasonably discovered upon normal engineering inspection,to be and remain in effect for a period
of two (2)years from the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution
and wastewater collection systems installed by Developer or Developer's contractor, which the Utility
has agreed shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such
potable water distribution,reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors during
construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
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(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering
all areas in which potable water, reclaimed water, and wastewater systems are installed, with adequate
legal access to same, by recordable document satisfactory to Utility.
(f) Convey to Utility, if so designated by Utility, by recordable document in form satisfactory
to Utility,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater
facilities in accordance with approved plans.
6. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate
point in Utility's transmission system, as determined by Utility. Utility may require Developer to
oversize off-site transmission mains and appurtenant facilities in a manner consistent with Utility's
Wastewater System Master Plan.
The costs associated with construction of over-sized facilities which provide Utility with excess
capacity for the benefit of other properties may be subject to refundable advance treatment pursuant to
Utility's Service Availability Policy. The same construction standards, warranty requirements,
maintenance bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as
provided under paragraph 5 of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the wastewater collection facility,potable water distribution facility, and/or reclaimed water
facility installed by Developer to the central facilities of Utility in accordance with all rules,regulations and
orders of the applicable governmental authorities. Utility agrees that once it provides potable water,
reclaimed water, and/or wastewater service to the customers within the Property that it will continuously
provide such service,at its cost and expense,but in accordance with the other provisions of this Agreement,
the then current Rate Resolution in effect for Utility, and the requirements of the governmental authorities
having jurisdiction over the operations of Utility.
Utility shall not be liable for any temporary interruptions in service as a result of equipment failure,
emergencies or Act of God.The covenants and agreements of Developer contained in Paragraphs 5, 6,and
7, hereof shall survive Utility's acceptance of any On-site and Off-site Facilities and Utility's
commencement of service to the Property. Should any such covenant or agreement of Developer in fact be
outstanding following either or both of such dates,then,notwithstanding any contrary provision contained
herein,Utility may,upon thirty(30)days advance written notice and demand for cure mailed to Developer,
temporarily interrupt service to the Property until such outstanding covenant or agreement of Developer is
satisfied in full.Utility shall not be liable for any temporary interruptions in service as a result of any action
authorized or permitted by this paragraph.
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8. Application for Service—Developer, or any owner of any parcel of the Property, or any
occupant of any residence, building or unit located thereon shall not have the right to and shall not
connect any consumer installation to the facilities of Utility until formal written application has been •
made to Utility by the prospective user of service,or either of them,in accordance with the then effective
rules and regulations of Utility and approval for such connection has been granted.
9. Easements - Developer hereby grants and gives to Utility, its successors and assigns, but
subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain and
operate the potable water,reclaimed water,and wastewater facilities to serve the Property in,under, upon,
over and across the present and future streets, roads, alleys, utility easements, reserved utility strips and
utility sites. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens,
subordinate their position or join in the grant or dedication of the easements or rights-of-way, or give to
Utility assurance by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee
would continue to recognize the easement rights of Utility. All potable water, reclaimed water, and
wastewater collection facilities, save and except installations owned by Developer, or their respective
successors or assigns, shall be covered by easements or rights-of-way if not located within platted or.
dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities
of these easements, such as for cable television,telephone, electric, or gas utilities.However,the use of
such non-exclusive easements by third parties shall not interfere with Utility's utilization of same.Where
a Clay Electric Cooperative, Inc. easement crosses an easement or right-of-way granted to Clay County
Utility Authority, Clay Electric Cooperative, Inc. shall have the right to locate its facilities in said joint
use easement area,but such use shall be non-exclusive.Clay County Utility Authority shall use,occupy,
and locate facilities in these joint use areas so as to reasonably accommodate Clay Electric Cooperative,
Inc.'s facilities. Where a Clay County Utility Authority easement crosses an easement or right-of-way
granted to Clay Electric Cooperative, Inc., Clay County Utility Authority shall have the right to locate
its facilities in said joint-use easement area, but such use shall be non-exclusive. Clay Electric
Cooperative, Inc. shall use, occupy, and locate facilities in these joint areas so as to reasonably
accommodate Clay County Utility Authority's facilities.
Utility hereby agrees that all easement grants will be utilized in accordance with the established
and generally accepted practices of the potable water, reclaimed water, and wastewater industry with
respect to the installation of all its facilities in any of the easement areas.
10. Utility's Exclusive Right to Utility Facilities -Developer agrees with Utility that all potable
water, reclaimed water, and wastewater facilities accepted by Utility in connection with providing potable
water,reclaimed water and wastewater services to the Property,shall at all times remain in the sole,complete
and exclusive ownership of Utility,and any person or entity owning any part of the Property or any residence,
building or unit constructed or located thereon,shall not have any right,title,claim or interest in and to such
facilities or any part of them, for any purpose, including the furnishing of potable water, reclaimed water,
and wastewater services to other persons or entities located within or beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
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privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns, may
establish, amend or revise, from time to time in the future, and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement, Utility may establish, amend or revise, from
time to time, in the future, and enforce rules and regulations covering water, reclaimed and wastewater
services to the Property. However, all such rules'and regulations so established by Utility shall at all
times be reasonable and subject to such regulations as may be provided by law or contract.
13. Quality of Wastewater-No substance other than domestic wastewater will be placed into
the sewage system and delivered to the lines of the Utility directly by Developer. Owners of property
shall be required to install grease traps for all non-residential kitchen facilities and sand traps if floor
drains are connected to the Utility's sanitary wastewater transmission system. Such installation shall be
in accordance with the requirements of the Utility. Should any non-domestic wastes, grease or oils,
including, but not limited to, floor wax, paint, chlorides, or salt water or any substances and materials
which contain any hazardous, flammable, toxic and/or industrial constituents, be directly delivered by
Developer to the lines, of the Utility,Developer will be responsible for payment of the cost and expense
required in correcting or repairing any resulting damage to the system or property of third parties.
In the event Utility determines that the Property to be served poses a threat of introducing
chlorides, salt water, or similar constituents into the collection or transmission system at levels
determined by the Utility to be harmful to the wastewater system, including, but not limited to, the
system's ability to provide effluent meeting reclaimed water standards as an irrigation supply source,the
Utility has the right, in its reasonable discretion, to decline or discontinue service to such property or
customer and to require such pretreatment or other measures as are necessary to protect the integrity of
Utility's system and the ability to serve its members.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the
benefit of Developer, Utility and their respective assigns and successors by merger, consolidation,
conveyance or otherwise.Any assignment or transfer by Developer shall be subject to Utility approval which
shall not be unreasonably withheld provided the assignee or transferee shall acknowledge in writing that it
assumes the duties and responsibilities of Developer as set forth in this Agreement. Subsequent to
Developer's acquisition of title to the Property,this Agreement shall be binding upon and shall inure to the
benefit of Developer and the Property and shall run with title to the Property without the requirement of any
formal assignment agreement and without obtaining any consent from Utility.
15. Notice -Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger, by mail or by electronic mail, and if to
Developer, shall be mailed or delivered to Developer at:
Governors Park South Community Development District
c/o Wrathell Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, Florida 33431
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and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
or such other address as specified in writing by either party to the other.
16. Laws of Florida- This Agreement shall be governed by the laws of the State of Florida
and it shall be and become effective immediately upon execution by both parties hereto, subject to any
approvals which must be obtained from governmental authority, if applicable.
17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce
this Agreement by court proceedings, by instituting suit or otherwise, then venue shall lie in Clay
County, Florida, and the prevailing party shall be entitled to recover from the other party all cost
incurred, including reasonable attorney's fees.
18. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party, including, but
not limited to acts of God or of the public enemy, war, national emergency, allocation or of other
governmental restrictions upon the use or availability of labor or materials, civil disorder, strike,
embargo,natural disaster or catastrophe, unforeseeable failure or breakdown of transmission,treatment
or other facilities, governmental rule, act, order, restriction, regulation, statute, ordinance, or order,
decree,judgment,restraining order or injunction of any court, said party shall not be liable for such non-
performance.
19. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees)
to which it may become subject by reason of or arising out of Developer's performance of this Agreement,
provided however, nothing contained herein shall waive any of the privileges or immunities afforded to
the Utility or Developer under Florida law, including but not limited to section 768.28, Florida Statutes.
This indemnification provision shall survive the actual connection to Utility's potable water, reclaimed
water, and wastewater systems.
MISCELLANEOUS PROVISIONS
20. The rights, privileges, obligations and covenants of Developer and Utility shall survive
the completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
21. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained, and when duly executed, constitutes the agreement between Developer and Utility. No
additions, alterations or variations of the terms of this Agreement shall be valid,nor can provisions of this
Agreement be waived by either party, unless such additions, alterations, variations or waivers are
expressed in writing and duly signed by both parties.
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22. Whenever the singular number is used in this Agreement and when required by the
context, the same shall include the plural, and the masculine, feminine and neuter genders shall each
include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is
agreed that same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility and Developer.
25. Failure to insist upon strict compliance of any of the terms, covenants, or conditions
herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one time or times be deemed a waiver or
relinquishment of such right or power at any other time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to
provide potable water, reclaimed water, and wastewater services to Developer's project. Capacity
reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the written
consent of Utility, except in the case of a bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection
of Developer's internal lines and facilities.This provision shall be binding on the successors and assigns
of the Developer.
28. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction, maintenance, and operation of Utility. The Utility agrees that it will diligently and earnestly
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein.Upon execution of this Agreement,Utility may require
the payment of a reasonable fee to defray Utility's legal, engineering, accounting and administrative and
contingent expense.
29. It shall be Developer's responsibility or Developer's successor in title's responsibility,
utilizing the project's potable water, wastewater and reclaimed service within Developer's project, to
apply to Utility for service after the installation of the potable water and wastewater utilities have been
completed and accepted by Utility. Upon completion of application for potable water, wastewater and
reclaimed water services and payment of the appropriate charges set forth in Utility's then current
applicable Rate Resolution, including any security deposits required, service will be initiated to
customers within Developer's Property.
30. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water,wastewater and reclaimed water systems installed by Developer, in accordance with Utility's standard
specifications, details and notes, which are to be accepted by Utility for ownership and maintenance, as set
forth in paragraph 5(d)herein;and it is understood and agreed that Utility's charges associated with the review
and quality assurance of the CAD as-built survey drawings will be paid directly by Developer's licensed
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underground utility contractor and shall be provided in accordance with CCUA's "As-built Specifications
Standards :Manual"; which can be:obtained from the Utility's website (www:clayutilitv;org): It shall be:
Developer.'s responsibility to properly • its contractor to.contact Utility,for an estimate of such.charges.:.
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and clarification of the required as-built drawing procedures:.: - . • . -- : • . •
.31. Developer shall not place any conservation easements.over any of the easement lands:: : -
•that contain Utility's water,wastewater or reclaimed facilities-for the project covered by this Agreement.
32. • Developer shall grant•an easement to Utility covering any portion of the potable water;•
wastewater and reclaimed facilities,that Utility agrees,to own-and maintain, and Developer shall be
:
responsible for providing the legal description for:such easement Utility:.In addition;this-Agreement
is conti• ngent upon•the execution:of the:Grant E•asement document • •. . := -
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• '33. The landscaping(new:or existing)for this-.project shall not includethe planting of any trees •
within seven and one-half feet(7 ft..6 in:)of any of the water;wastewater and/or•reclaimed water mains.:In
• the alternative, it is understood and agreed by Developer.and Utility.that Developer shall:provide a root: •
barrier, satisfactory to Utility,around the roots,of all landscaping,trees,shrubs,.etc:,that areplanted within
the road rights-of-way that will potentially,impact any of.the utilities covered by-this Agreement, • •
• 34. The.road cross=section,::utility:placement;and sidewalk.placement used within the street-
• •and rights-of-way.shall be consistent With those-layouts:established by-Utility in:cooperation with:other : •.:
• •utilities and the Clay:County Engineering Department. Any variance from these standard'layouts shall be
: communicated by Developer to all utilities requiring facilities in-the:right-of-way and the Clay County
Engineering Department and:shall be approved by all such utilities and agencies prior to commencement
of-construction. .
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35. The:charges shown in-paragraph 4.of this Agreement cover only the water,wastewater and:.
reclaimed water infrastructure along-Clay Dairy:Parkway STA: 957 +: 17.51:T ru STA:-999 +: I8:87,:in :
. accordance with the plans shown on Exhibit``B,"attached:hereto arid by reference made apart hereof,and do
not include any future,developments(buildings,:additions; etc)that are planned for this Property:A separate
Agreement will be-prepared for the additional requirements ofeach future development on:the.Property when
such development is initiated. . • • • : . - • •
36. The Developer shall;connect to the Utility's water main;force main,and.rec• laimed water • .
.
: . : 'main.:at the locations•shown on the final:approved plans prepared:by England-Thim's•&.1Vliller,:Inc:;• . .'
•Project No. .18-127-23;.titled-Clay Dairy Parkway STA 957:+•1:7.51 Thru STA: 999.+. 1.8:87,which are :
•acceptable to Utility.: All facilities. shall be installed, by Developer's State of Florida Licensed
: Underground:Utility Contractor and shall:meet all of the:requirements of Utility prior to Utility's
acceptance for ownership and maintenance. - • •
• - :• 37. All elements of the Florida Department of Environmental Protection rules and.regulations • .
• •- regarding the use of,reclaimed water within the,project would need to be adhered to•at all times: This-. .
specifically pertains:to the Public:Notice:(posting of signs) provisions of.the Florida Department•of
Environmental Protection rules arid regulations; as well:as all specific requirements pertaining to the,use of :
reclaimed water in public•areas and:on roadways:The Developer must be in full compliance with the Clay:: ;
County Utility.Authority's Applicable Excerpts from Clay County Utility:Authority.'s Reclaimed:Water Policy.:: : -
(see Exhibit"C"attached hereto) : . •
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4898-3243=74053
38. Developer and the Utility agree that the water,wastewater,and reclaimed water services
to the onsite infrastructure to serve Clay Dairy Parkway STA 957 + 17.51 Thru STA. 999 + 18.87 is
contingent upon the installation, completion, and acceptance of Governors Park,Phase lA project.
39. This Agreement will need to be executed by Developer,the charges paid(shown on page
2 of Agreement),prior to October 1,2026, and the construction of the utilities for this total project shall
be commenced by October 1,2026,or this Agreement will be subject to any Service Availability charge
increases currently approved,which may be applicable or which may be approved by Utility's Board of
Supervisors for the next fiscal year beginning October 1, 2026; and this Agreement is subject to any
material cost increases which Utility may experience after October 1, 2026.
[Signatures Begin Next Page]
•
- 11 -
4898-3243-7405.3
IN WITNESS WHEREOF, Developer and Utility have executed or have caused this
Agreement,with the named Exhibits attached,to be duly executed in several counterparts, each of
which counterpart shall be considered an original executed copy of this Agreement.
WITNESSES: DEVELOPER:
GOVERNORS PARK SOUTH COMMUNITY
DEVELOPMENT DISTRICT s ecial-purpose
unit of local g mment
Witness By: r/ ✓ ( ------
Print Name: ; (SfvSi Joshua Breakstone, Chair
•
Witness:
Print Name:
STATE OF FLQvI dG
COUNTY OF brow a r d
The foregoing instrument was acknowledged before me by means of =i physical presence or❑
online notarization this 5 day of 2026,by JOSHUA BREAKSTONE,as CHAIR OF
THE BOARD OF SUPERVISORS �F GOVERNORS PARK SOUTH COMMUNITY
DEVELOPMENT DISTRICT,a special-purpose unit of local govergnient.w_ho_ispersonall known to me or
Notar
who has produced , as identification. + A y urb Si l
Maey K
1111 MY Commlic ission tate HHof 828999Florda 1
Expires am 1t15/2029han i
a gip
Print Name: -4 4 Ft{
Notary Public, State of F(Oh dQ at Large
My Commission Expires: HH.0ag enct
- 12-
4898-3243-7405.3
WITNESSES: UTILITY:
CLAY COUNTY i! • • 4 THORITY
Witness: ��(%'e,/ B
Print Name: Andrew H Mitchell er y t. Johnston, P. .,M.B.A
e utive ;'. -ct.
Witne
Print N e 1 (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of �. physical presence or 0
online notarization this IS'+'' day of /Way/ 2026,by JEREMY D.JOHNSTON,as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
Print Name: And ew H Mitchell
Notary Public, State of Florida at Large
1 Notary Public State of Florida ► My Commission Expires: t, 12I/ye
• Andrew H Mitchell I 9
1 1111' My Commission NH 730417 I
Expires 10/25/2029
- 13 -
4898-3243-7405.3
Exhibit A
1 of 2
A portion of Section 38 of the George I.F. Clarke Grant(Clarke's Mill Grant),as subdivided in the re-survey
by Goold T. Butler, recorded in Plat Book 1, page 31, of the Public Records of Clay County, Florida, being
a portion of DRI Parcel as described and recorded in Official Records Book 4675, page 1182, of said Public
Records, all lying in Township 6 South, Range 26 East, said county, being more particularly described as
follows:
For a Point of Reference, commence at the intersection of the Westerly right of way line of County Road
No. 15A, a 66 foot right of way per Florida Department of Transportation Right of Way Map, Section
71010-2507, last revised 08-01-1991, with the Southerly limited access right of way line of State Road
No. 23, (First Coast Outer Beltway), a 324 foot limited access right of way as presently established;
thence Westerly along said Southerly limited access right of way line the following 3 courses: Course 1,
thence South 65'19'52" West, 259.05 feet to the point of curvature of a curve concave Northwesterly
having a radius of 40162.00 feet; Course 2, thence Southwesterly along the arc of said curve, through
a central angle of 03'07'54'; an arc length of 2195.13 feet to the point of tangency of said curve, said
arc being subtended by a chord bearing and distance of South 6653'48" West, 2194.86 feet; Course 3,
thence South 6827'45"West, 2612.80 feet;thence South 1938'17"East, departing said Southerly limited
access right of way line, 582.50 feet to the Point of Beginning.
From said Point of Beginning, thence North 7021'43"East, 396.61 feet;thence South 5438'20"East, 390.10 feet;
thence South 48'44'12"East, 156.34 feet; thence South 47'52'37" West, 32.58 feet; thence South 28'3920" West,
77.60 feet;thence South 48'28'50"West, 170.70 feet;thence South 40'54'13"West, 54.57 feet;thence South 29'25'19"
West, 78.23 feet;thence South 40'31'43"West, 78.06 feet;thence South 5447'25"West, 41.27 feet;thence South
33'00'24"West,45.79 feet;thence South 45'08'48"West, 76.87 feet;thence South 33'16'19"West, 48.96 feet;thence
South 2928'12"East,24.22 feet;thence South 70'38'19"West, 120.09 feet;thence South 1938'17"East, 123.35 feet
to the point of curvature of a curve concave Northeasterly having a radius of 1983.00 feet;thence Southeasterly along
the arc of said curve, through a central angle of 07'32'31';an arc length of 261.02 feet to a point on said curve, said
arc being subtended by a chord bearing and distance of South 23'24'33"East, 260.84 feet;thence South 7329'40"
East,along a non-tangent line, 13.42 feet;thence North 6130'20"East,5.32 feet;thence South 28'05'26"East,60.00
feet;thence South 61'30'20"West, 4.90 feet;thence South 16'3020"West, 13.75 feet to a point on a non-tangent
curve concave Northeasterly having a radius of 1983.00 feet;thence Southeasterly along the arc of said curve,through
a central angle of 20'07'18';an arc length of 696.41 feet to a point of compound curvature,said arc being subtended
by a chord bearing and distance of South 3931'47"East, 692.84 feet;thence Easterly along the arc of a curve concave
Northerly having a radius of 30.00 feet, through a central angle of 9217'20;an arc length of 48.32 feet to a point on
said curve,said arc being subtended by a chord bearing and distance of North 8415'54"East,43.27 feet;thence South
5142'27"East, along a non-tangent line, 89.00 feet to a point on a non-tangent curve concave Easterly having a
radius of 30.00 feet;thence Southerly along the arc of said curve, through a central angle of 92'05'00;an arc length
of 48.21 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of South
07'55'16"East, 43.19 feet;thence Easterly along the arc of a curve concave Northerly having a radius of 1983.00 feet,
through a central angle of 37'57'25;an arc length of 1313.68 feet to a point on said curve, said arc being subtended
by a chord bearing and distance of South 7256 29"East, 1289.79 feet;thence North 01'55'15"West, along a non-
tangent fine, 612.77 feet;thence North 42'42'17"East, 149.97 feet;thence South 89'37'41"East,408.77 feet to a point
lying on the Westerly line of those lands described and recorded In Official Records Book 4916, page 749, of said
Public Records;thence Southerly along said Westerly fine and along its Southerly prolongation the following 3 courses:
Course 1, thence South 1728'35"East, 496.47 feet; Course 2, thence South 7515'36"East, 141.35 feet; Course 3,
thence South 13'46'13"East,240.53 feet;thence South 7225'54"West,252.26 feet to the point of curvature of a curve
concave Northerly having a radius of 2183.00 feet; thence Westerly along the arc of said curve, through a central
angle of 10'33'06';an arc length of 402.02 feet to a point of reverse curvature, said arc being subtended by a chord
bearing and distance of South 7742'27"West, 401.46 feet;thence Southwesterly along the arc of a curve concave
Southeasterly having a radius of 30.00 feet,through a central angle of 88'26'47;an arc length of 46.31 feet to a point
on said curve,said arc being subtended by a chord bearing and distance of South 38'45'37"West, 41.85 feet;thence
South 84'32'38"West,along a non-tangent line,60.00 feet to a point on a non-tangent curve concave Southwesterly
having a radius of 30.00 feet;thence Northwesterly along the arc of said curve,through a central angle of 882557';an
arc length of 46,30 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of
North 4941'35" West, 41.84 feet; thence Westerly along the arc of a curve concave Northerly having a radius of
2183.00 feet, through a central angle of 0925'13;an arc length of 358.92 feet to a point of reverse curvature, said arc
being subtended by a chord bearing and distance of North 89'11'57"West, 358.51 feet; thence Southwesterly along
the arc of a curve concave Southeasterly having a radius of 30.00 feet, through a central angle of 8826'47;an arc
length of 46.31 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South
51'17'16"West,41.85 feet;thence North 82'56'01"West,along a non-tangent line, 60.00 feet to a point on a non-
tangent curve concave Southwesterly having a radius of 30.00 feet;thence Northwesterly along the arc of said curve,
through a central angle of 88'26'34;an arc length of 46.31 feet to a point of reverse curvature,said arc being subtended
by a chord bearing and distance of North 37'09'38"West,41.85 feet;thence Westerly along the am of a curve concave
Northerly having a radius of 2183.00 feet, through a central angle of 2653'13';an arc length of 1024.40 feet to a point
4898-3243-7405.3
EXHIBIT"A"
2 of 2
of reverse curvatun3,said arc being subtended by a chord bearing and distance of North 6756'18"West, 1015.03 feet;
thence Westerly along the arc of a curve concave Southerly having a radius of 30.00 feet, through a central angle of
87'23'35';an arc length of 45.76 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of South 8148'31" West, 41.45 feet; thence South 3806'43" West, 0.70 feet; thence North
5151'41"West, 125.98 feet to a point on a non-tangent curve concave Westerly having a radius of 30.00 feet;thence
Northerly along the arc of said curve, through a central angle of 87'47'26;an arc length of 45.97 feet to a point of
reverse curvature, said arc being subtended by a chord bearing and distance of North 05'46'59"West, 41.60 feet;
thence Northwesterly along the arc of a curve concave Northeasterly having a radius of 2183.00 feet,through a central
angle of 19'37'49;an arc length of 747.92 feet to a point on said curve,said arc being subtended by a chord bearing
and distance of North 39'51'47"West, 744.27 feet;thence North 74'16'17"West, along a non-tangent line, 41.85
feet;thence North 2832'53"West, 60.00 feet;thence North 1721'58"East, 41.86 feet to a point on a non-tangent
curve concave Northeasterly having a radius of 2183.00 feet;thence Northwesterly along the arc of said curve,through
a central angle of 07'18'13';an arc length of 278.27 feet to the point of tangency of said curve,said arc being subtended
by a chord bearing and distance of North 23'17'24"West,278.08 feet;thence North 1938'17"West,265.40 feet;thence
South 70'38'56"West, 458.12 feet;thence North 40'14'03"West, 283.68 feet;thence North 37'00'35"East, 153.20
feet;thence North 00'15'22"West, 89.28 feet;thence North 34'25'13"East, 207.16 feet;thence North 7021'43"East,
207.59 feet;thence South 19'38'17"East, 68.36 feet;thence North 5021'43"East,53.21 feet;thence South 19'38'17"
East, 37.57 feet;thence North 7021'43"East, 150.00 feet;thence North 19'38'17"West, 92.16 feet; thence North
50'21'43"East,53.21 feet;thence North 1938'17"West, 102.64 feet to the Point of Beginning.
Containing 44.16 acres, more or less.
4898-3243-7405.3
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Clay Dairy Parkway STA. 957+ 17.51 THRU STA. 999+ 18.87
Engineer: Matthew Guilbeault, P.E.
England-Thims &Miller, Inc.
14775 Old St. Augustine Road
Jacksonville,FL 32258
Project No.: 18-127-23
Project Date: June 11,2024
Engineer Description Latest Engineer
Drawing Approved Plan
Number Date
1 Cover Sheet 08/08/2025
SP-1 Signature Page 08/08/2025
2A-2B General Notes and Legend 08/08/2025
3 Master Site Plan 08/08/2025
4A-4G Site Geometry Plan 08/08/2025
5A-5C Pre-Development Plan 08/08/2025
6A-6C Post Development Plan 08/08/2025
7A-7G Paving and Drainage Plan 08/08/2025
8A-8E Utility Plan and Profile 08/08/2025
8F-8G Offsite Utility Plan and Profile 08/08/2025
9A Typical Section 08/08/2025
9B-9D Paving and Drainage Details 08/08/2025
9E Control Structure 08/08/2025
S-SPA Standard Water and Sewer System Specifications 08/08/2025
S-UTC1 Water, Sewer, and Reclaimed Water Utility Placement in R/W 08/08/2025
23' Pavement Width
S-UTC2 Water, Sewer, and Reclaimed Water Utility Placement in R/W 08/08/2025
27' Pavement Width
WAT 01-WAT CCUA Water Details 08/08/2025
04
S-RE1 Reclaimed Water Distribution System Detail and 08/08/2025
S-RE2 Reclaimed Water Distribution System Detail and 08/08/2025
S-SEW Standard Sewer System Details 08/08/2025
10 Sediment and Erosion Control Plan 08/08/2025
11 Erosion Sediment Control Details 08/08/2025
12 Storm Water Pollution Prevention Plan 08/08/2025
4898-3243-7405.3
EXHIBIT"B"
2 of 2
L-1.01 Landscape Index,Notes & Schedule 08/08/2025
L-1.02—L- Landscape Plan 08/08/2025
L-2.01-L-2.06 Hose Bib Index,Notes,Details & Schedule 08/08/2025
4898-3243-7405.3
EXHIBIT "C"
REUSE POLICY
Page 1 of 3
Effective Date-Thirty(30)days after Board's approval of the policy, for all developments that have
not met the filing requirements of the County's Zoning Department, which requires each new
development to be reviewed by the Development Review Committee (DRC), or for those
developments not requiring DRC approval, which have been quoted charges to connect to the Clay
County Utility Authority's (CCUA)water and/or wastewater systems within twelve months prior to
the effective date of the reuse policy. A filing for a DRC meeting, which is incomplete as of the
effective date of this policy, shall not be considered as filed timely for the prior policy to apply.
If the developer has not commenced substantial construction on his project, which was
, filed with DRC prior to the effective date of this policy, within fifteen months after the effective
date of the policy, then said development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development
Review Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI)agreements
which may not be technically required to install residential reuse, but who choose to do so in
settlement of minor and/or major modifications to the structure and composition of developments
within the DRI.These shall be regulated and charged under this proposed policy and effective date
criteria the same as all other developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
1. Developments occurring under DRI agreements or Florida Quality
Development(FQD) agreements,which are not required by said agreement
to install residential reuse and who do not volunteer to provide residential
reuse piping systems.
2. Developments which, as of the date of enactment of this policy, own and
maintain their own reuse pumping plant and purchase bulk service from the
CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998,
at a prior approved rate and still have an inventory of prepaid connections,
shall be exempt until such prepaid connections are used up.
Developments and/or communities that own, operate and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse
Water When it is Available - All developments occurring after the effective date of this policy
will be reviewed by the CCUA staff for feasibility of the installation of a reuse piping system for
irrigation purposes. These shall include commercial, public facilities, industrial, as well as
residential developments.
4898-3243-7405.3
EXHIBIT "C"
REUSE POLICY
Page 2 of 3
Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping
Systems will be Required-
(1) Financial feasibility of extending a trunk main to an area at that time, or some planned
future date, to provide reuse water to the proposed reuse system. This item shall consider the size of
the development,distance to nearest master planned reuse trunk main or planned reuse plant,remaining
developable property in the area,complexity of existing development of area which trunk mains must
pass through,natural geographical barriers(or obstacles), environmental damage, etc.
(2) Remaining developable land in the area(new area with very little existing development
and much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse
system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the
area.
Surcharge for Developments not required to Install Reuse Piping Systems -Due to the built-
out condition of certain geographical areas and the other evaluation of feasibility considerations noted
above, it will not be practical to require all areas to install reuse piping systems.All developments that
are not required to install the reuse system shall pay a surcharge per ERC as its share of the burden of
the reuse system installations at a rate set forth in the"proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse
piping systems are required shall install or require the installation of an automatic sprinkler irrigation
system acceptable to CCUA for the development of each separate parcel(lot)within the development.
Such on-site systems shall utilize color-coded pipe for reuse water, functional rain sensors, and
automatic controllers and timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that
sprinkler irrigation contractors, who connect to the reuse system,be thoroughly educated with regard
to reuse systems in an effort to eliminate any potential cross connection with the potable water system.
In this regard, all irrigation contractors installing irrigation systems in conjunction with this reuse
program must prequalify with CCUA by providing their credentials and passing a qualification
interview with CCUA's staff for the purpose of demonstrating knowledge of the key issues regarding
use of reuse water. A current certificate of insurance, acceptable to CCUA, naming the CCUA as an
additional insured shall be on file at all times with the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse
piping systems available shall be required to pay the Base Facility Charge for reuse water whether they
use the reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall
pay for the installation of a reuse meter at the same time the domestic meter is requested.
Wells - All developments where reuse piping systems are installed shall prohibit the installation of
wells for irrigation purposes.
4898-3243-7405.3
EXHIBIT "C"
REUSE POLICY
Page 3 of 3
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping
systems are required,the design engineer for the project shall design,at Developer's expense,the reuse
piping system for the development and any reasonable trunk mains necessary to connect to the nearest
source of reuse water, and developer shall install said system at its expense. The CCUA's existing
policy regarding cost sharing for oversized mains, refundable agreements, plan review and approval,
and adherence to CCUA's specifications and details,shall apply to these reuse piping systems,the same
as the potable water distribution systems and wastewater collection systems.
Charges for Service Availability-Charges and credits applicable to Service Availability after the
effective date of this policy shall be as follows(excludes existing charges that did not change and are
not needed for clarification purposes):
4898-3243-7405.3
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
CC UA
C
�S COVNT Title:
___ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
�� Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Features
'a Phone(904)272-5999 ill■ Gravity Sewer Features
�t 5/18/2026,1:08:01 PM - Forced Sewer Features
Conservation.Commitment.Community
STY AUT 1 inch = 2,500 feet - Reclaimed Features