HomeMy WebLinkAbout05.e.02 DA GC25.26-7 - Governors Park Subdivision, Pod 1C (O) Return to:
Clay County Utility Authority
3176 Old Jennings Road GC25/26-/
Middleburg,Florida 32068-3907
GOVERNORS PARK SUBDIVISION,POD 1C(0)
CONSISTING OF 169 SINGLE-FAMILY LOTS
Parcel No.: 38-06-26-016516-000-00 (Green Cove System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this IP" day of 7,4Ke ,
2026,by and between CENTURY COMMUNITIES OF FLORIDA,LLC,a Colorado limited liability company,
hereinafter referred to as"Developer",and CLAY COUNTY UTILITY AUTHORITY,an independent special
district established under Chapter 94-491, Laws of Florida, Special Acts of 1994, hereinafter referred to as
"Utility".
WHEREAS,Developer owns or controls lands located in Clay County,Florida,and described in Exhibit
"A", attached hereto and incorporated herein by reference(hereinafter "Property");
WHEREAS, Developer desires that the Utility provide central potable water, pumping, treatment and
distribution service; central wastewater collection, treatment and disposal service; and central reclaimed water
service for the Property;
WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement central
potable water,wastewater,and reclaimed water service to the Property and thereafter operate applicable facilities so
that the occupants of the improvements on the Property will receive adequate potable water, wastewater, and
reclaimed water service from the Utility; and
WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and
undertakings regarding the furnishing of potable water,wastewater,and/or reclaimed water service by the Utility to
the Property.
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements
herein contained and assumed, Developer and Utility hereby covenant and agree as follows:
1. -The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of
delivery.
(b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of
property represented by the cost of the wastewater collection system, potable water distribution system, and
reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees
to transfer,to Utility, if so designated by the Utility, at no cost to Utility to provide utility service to the Property.
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(c) "Equivalent Residential Connection (ERC)" -A factor expressed in gallons per day(GPD)
which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For
this purpose the average daily flow of one potable water ERC is(450)GPD,one wastewater ERC is(311)GPD,and
one reclaimed water ERC is (275) GPD.
(d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with the
pipes of the consumer. Point of delivery for potable water service and reclaimed water service shall be at the
consumer's side of the meter and for wastewater service at the lot or property line. Utility shall, according to the
terms and conditions hereof;own all pipes and appurtenances to the point of delivery unless otherwise agreed. The
pipes and appurtenances inside the point of delivery shall belong to others.
(e) "Service" -The readiness and ability on the part of Utility to furnish and maintain potable
water,reclaimed water, and wastewater service to the point of delivery for each lot or tract pursuant to rules and
regulations of applicable regulatory agencies.
3. Assurance of Title-Developer represents and warrants that Developer is the owner of the Property
and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer
agrees to deliver to Utility evidence of such ownership including any outstanding mortgages, taxes, liens and
covenants.
4. Connection Charges-In addition to the contribution of any wastewater collection systems,potable
water distribution systems,and reclaimed water systems where applicable,and further to induce Utility to provide
potable water,reclaimed water,and wastewater service,Developer hereby agrees to pay to Utility the following fees
and charges, as defined in the Rate Resolution (including Service Availability Policy), upon execution of this
Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($340.0 x 169 ERCs) $ 57,460.00 *
Alternative Water Supply Surcharge:
($411.64 x 169 ERCs) $ 69,567.16 *
SJWMD Black Creek Water Resource Charge:
($102.40 x 169 ERCs) $ 17,305.60 *
Wastewater Capacity Charge:
($1,845.00 x 169 ERCs) $ 311,805.00 *
Reclaimed Water Capacity Charge:
($300.00 x 169 ERCs) $ 50,700.00 **
Reclaimed Water Dual Piping System Credit:
($-805.00 x 169 ERCs) $ (136,045.00) **
Debt Service Charge:
($246.79 x 169 ERCs) $ 41,707.51 **
Total Covered by Assigned Connection Fee Credit $ 412,500.27 ***
(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 Charge $ N/A ****
d) Plan Review Fee 1 617.00
(e) Inspection Fee 7,235.54
(f) Recording Fee 153.92
Subtotal $ 421,506.73
Less Assigned Connection Fee Credits ($ 412,500.27) ***
Total due at execution of Developer Agreement $ 9,006.46 l
* -Includes 169 water,wastewater, and reclaimed water ERCs based on 169 single-family lots,which
are based on the Fiscal Year 2014/2015 rates as per the Master Utility Agreement for Governors
Park.
** - Based on the current Fiscal Year 2025/2026 Rate Resolution, in effect at this time.
*** - See paragraph 43 for an explanation.
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**** - The potable and reclaimed water meters will be paid by each builder or customer upon application
for building water for each lot. This Agreement does not include a provision for any other separate
landscape irrigation meters for the Property,park areas,or amenity centers.A Supplemental Agreement will
be required for these additional provisions.
Note: Items (d) and (e) are estimates and are subject to adjustment based on actual cost incurred.
Payment of the charges in Paragraph 4 does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same.Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of
the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges
paid.
Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any
of the Property by,through or under Developer,or otherwise, shall have any present or future right, title, claim or
interest in and to the charges paid or to any of the potable water, reclaimed water, or wastewater facilities and
properties of Utility, and all prohibitions applicable to Developer with respect to no refund of such charges, no
interest payment on said charges and otherwise, are applicable to all persons or entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of Utility.
5. On-Site Installations-On-site facilities are those located within the Property for which Developer is
requesting service. Developer shall convey to Utility, if so designated by Utility,all on-site water and wastewater
lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively referred to as"Components"
or"On-Site System")on the Property with all contractual guarantees relating thereto. Conveyance shall take place
within a reasonable time after installation of the On-Site System but prior to Utility's obligation to provide service.
Until such time as the On-Site System is conveyed,the same shall be operated and maintained by Developer. In its
sole discretion,Utility may decline to accept the On-Site System,may lease the On-Site System from Developer,or
agree to such other arrangement as it deems appropriate.
Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by Utility.
The Utility shall also have the right to review all plans and specifications, connections to its system and the
Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.The Utility shall
have the right to inspect all phases of construction undertaken by outside contractors for facilities which are to be
owned by the Utility, if so designated by Utility.
The Developer will reimburse the Utility for its costs for such inspection, including all overhead
associated with same. Where on-site temporary pump stations or backflow prevention devices are required,
they shall be paid for one hundred percent(100%) by the Developer without any provision for refund. Utility
reserves the right to require backflow prevention devices on all potable water service connections.
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.
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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
often 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.
(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,as
then in effect. The same construction standards,warranty requirements,maintenance bond requirements,transfer of
title by Bill of Sale,and indemnification requirements,as provided under paragraph 5 of this Agreement,shall also
apply to the Off-Site installations.
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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.
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 its successors or assigns,shall be covered by easements or rights-of-way if not located within platted
or dedicated roads or rights-of-way for utility purposes and there shall be adequate legal access to same.
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of these
easements,such as for cable television,telephone,electric,or gas utilities. However,the use of such non-exclusive
easements by third parties shall not interfere with Utility's utilization of same. Utility hereby agrees that all
easement grants will be utilized in accordance with the established and generally accepted practices of the potable
water, 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 potable
water and wastewater services to the Property. Utility shall have the sole and exclusive right and privilege to
provide potable water and wastewater services to the Property and to the occupants of such residence, building or
unit constructed thereon.
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12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of potable
water and wastewater services shall be those set forth in the then current Rate Resolution most recently adopted by
the Board of Supervisors of Utility as may be amended from time to time. However,notwithstanding any provision
in this Agreement, Utility, its successors, and assigns may establish, amend or revise, from time to time in the
future, and enforce in a reasonable manner, rates or rate schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to time,
in the future, and enforce rules and regulations covering potable water and wastewater services to the Property.
However,all such rules and regulations so established by Utility shall at all times be reasonable and subject to such
regulations as may be provided by law or contract.
13. Quality of Wastewater-No substance other than domestic wastewater will be placed into the sewage
system and delivered to the lines of the Utility directly by Developer. The Developer shall be required to install
grease traps for all non-residential kitchen facilities and sand traps if floor drains are connected to the Utility's
sanitary wastewater transmission system. Such installation shall be in accordance with the requirements of the
Utility. Should any non-domestic wastes,grease or oils,including,but not limited to,floor wax,paint,chlorides,or
salt water or any substances and materials which contain any hazardous, flammable, toxic and/or industrial
constituents, be directly delivered by Developer to the lines, of the Utility, Developer will be responsible for
payment of the cost and expense required in correcting or repairing any resulting damage to the system or property
of third parties.
In the event Utility determines that the Property to be served poses a threat of introducing chlorides, salt
water, or similar constituents into the collection or transmission system at levels determined by the Utility to be
harmful to the wastewater system, including, but not limited to, the system's ability to provide effluent meeting
reclaimed water standards as an irrigation supply source, the Utility has the right, in its reasonable discretion, to
decline or discontinue service to such property or customer and to require such pretreatment or other measures as
are necessary to protect the integrity of Utility's system and the ability to serve its members.
14. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of
Developer,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise.
Any assignment or transfer by Developer shall be subject to Utility approval which shall not be unreasonably
withheld provided the assignee or transferee shall acknowledge in writing that it assumes the duties and
responsibilities of Developer as set forth in this Agreement.
15. Notice-Until further written notice by either party to the other,all notices provided for herein shall
be in writing and transmitted by mail or by electronic mail, and if to Developer, shall be mailed or delivered to
Developer at :
Century Communities of Florida, LLC
Attn: Matthew Devereaux, Vice President
4601 Touchton Road, Bld. 300, Ste. 3100
Jacksonville,FL 32246
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
or at such other address as specified in writing by either party to the other.
16. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it shall be
and become effective immediately upon execution by both parties hereto, subject to any approvals which must be
obtained from governmental authority, if applicable.
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17. Costs and Attorney's Fees - In the event the Utility or Developer is required to enforce this
Agreement by court proceedings,by instituting suit or otherwise,then venue shall lie in Clay County,Florida,and
the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable attorney's
fees.
18. Force Majeure-In the event that the performance of this Agreement by either party is prevented or
interrupted in consequence of any cause beyond the control of either party, including,but not limited to Act of God
or of the public enemy,war, national emergency, allocation or of other governmental restrictions upon the use or
availability of labor or materials, civil disorder, strike, embargo, natural disaster or catastrophe, unforeseeable
failure or breakdown of transmission, treatment or other facilities, governmental rule, act, order, restriction,
regulation, statute, ordinance, or order, decree,judgment, restraining order or injunction of any court, said party
shall not be liable for such non-performance.
19. Indemnification-Developer agrees to indemnify and hold the Utility harmless from and against any
and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which it may
become subject by reason of or arising out of Developer's performance of this Agreement. This indemnification
provision shall survive the actual connection to Utility's potable water, 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.
22. Whenever the singular number is used in this Agreement and when required by the context,the same
shall include the plural, and the masculine, feminine and neuter genders shall each include the others.
23. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that
same shall not be unreasonably withheld or delayed.
24. The submission of this Developer Agreement for examination by Developer does not constitute an
offer but becomes effective only upon execution thereof by Utility.
25. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein shall not
be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment of any right or
power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other
time or times.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable
water,reclaimed water, and wastewater services to Developer's project. Capacity reserved hereunder cannot and
shall not be assigned by Developer to Third Parties without the written consent of Utility, except in the case of a
bona-fide sale of Developer's Property.
27. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
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28. The parties hereto recognize that prior to the time Utility may actually commence upon a program to
carry out the terms and conditions of this Agreement,Utility may be required to obtain approval from various state
and local governmental authorities having jurisdiction and regulatory power over the construction,maintenance,and
operation of Utility. The Utility agrees that it will diligently and earnestly make the necessary proper applications to
all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such
approval. Developer agrees to provide necessary assistance to Utility in obtaining the approvals provided for herein.
Upon execution of this Agreement, Utility may require the payment of a reasonable fee to defray Utility's legal,
engineering, accounting and administrative, and contingent expense.
29. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water,
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 Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings
will be paid directly by Developer's licensed underground utility contractor and shall be provided in accordance with
CCUA's "As-built Specifications Standards Manual", which can be obtained from the Utility's website
(www.clayutility.org).It shall be Developer's responsibility to properly instruct his contractor to contact Utility for
an estimate of such charges and clarification of the required as-built drawing procedures.
30. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's
potable water, reclaimed water, and wastewater service within Developer's project,to apply to Utility for service
after the installation of the potable water, reclaimed water, and wastewater utilities have been completed and
accepted by Utility. Upon completion of application for potable water,reclaimed water,and wastewater service and
payment of the appropriate charges set forth in Utility's then current applicable Rate Resolution, including any
security deposits required, service will be initiated to customers within Developer's Property.
31. Developer shall not place any conservation easements over any of the easement lands that contain
Utility's water,wastewater, and reclaimed facilities for the project covered by this Agreement.
32. Developer shall grant or otherwise secure the easements to Utility covering the potable water,
reclaimed water, and wastewater facilities that Utility agrees to own and maintain and shall be responsible for
providing the legal descriptions and maps for such easements to Utility,as shown on the plans prepared by England-
Thims&Miller, Inc.,Job Number 18-127-33, and Prosser Engineer,Project Number 123015.03 ,as described in
Exhibit"C,"prior to commencement of this project.
This shall include(1)all easements necessary to accommodate water,wastewater,and reclaimed water stubs
to adjacent properties; (2) an easement ten (10) feet in width lying parallel and adjacent to all right of way lines
within the Developer's Property;(3)any easements within storm drainage retention pond areas or along lot lines that
may be necessary to accommodate any stormwater harvesting systems that Utility may choose to install within
Developer's Property.
33. The landscaping(new or existing)for this project shall not include the planting of any trees within
seven and one half feet(7 ft.6 in.)of any of the water,wastewater and/or reclaimed water mains. In the alternative,
Developer shall provide a root barrier,satisfactory to Utility,around the roots of all landscaping,trees,shrubs,etc.,
that are planted within the road right-of-ways that will potentially impact any of the utilities covered by this
Agreement.
It shall be Developer's responsibility to contractually require builders within the Property to establish a
workable procedure to assure Utility that the planting of"street trees"within the project provide at least seven and
one-half feet(7 ft. 6 in.)of separation from the center of the trees to Utility's mains and services. Otherwise, root
barriers are to be installed where the seven and one-half feet(7 ft.6 in.)criteria is not met. A service charge,subject
to Utility's Board of Supervisors approval,may be assessed in order for Utility to inspect and approve the proposed
tree locations.
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34. The road cross-section,utility placement,and sidewalk placement used within the subdivision streets
and right-of-ways shall be consistent with those layouts established by Utility in cooperation with other utilities and
the Clay County Engineering Department. Any variance from these standard layouts shall be communicated by
Developer to all utilities requiring facilities in the right-of-way and the Clay County Engineering Department and
shall be approved by all such utilities and agencies prior to commencement of construction.
35. It shall be Developer's responsibility to valve each water stub in such a fashion that connection and
extension of service to subsequent phases does not disrupt service to prior phases,and such additional valving shall
be approved by Utility prior to installation. Each such phase shall be bacteriologically cleared and final certified by
the design engineer as complete, including as-built drawings, final close out documents, and final acceptance by
Utility, prior to water and wastewater service being initialized.
36. Connection to Utility's proposed 12-inch water main and 8-inch reclaimed main,and the construction
of the water and reclaimed water infrastructure, including services from the mains to the meter locations, 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. Utility shall own and maintain
all facilities upstream of the downstream side of the reclaimed water meters and potable water meters, and all
facilities downstream of the downstream side of the reclaimed water meters and potable water meters shall be
owned and maintained by Developer. All of the water and reclaimed water installations shall be in accordance with
the plans prepared by England-Thims&Miller,Inc.,Job Number 18-127-33 and Prosser Engineer,Project Number
123015.03 ,as described in Exhibit"C,"or as modified in a manner acceptable to Utility.Utility shall have access
to all the water and reclaimed water meters during normal business hours for meter reading purposes.
37. Connection to Utility's proposed 4-inch wastewater main,shall be installed by Developer's State of
Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's
acceptance for ownership and maintenance. All wastewater mains 8-inches and larger in size, terminating by a
manhole, and all wastewater mains 8-inches and larger in size that are stubbed for future extensions, as shown on
the plans prepared by England-Thims&Miller,Inc.,Job Number 18-127-33,as described in Exhibit"C,"shall be
owned and maintained by Utility.
All wastewater installations upstream of Developer's point of connection shall be owned and maintained by
Developer, and all installations downstream of this point of connection shall be owned and maintained by Utility.
The wastewater pumping station and all ancillary items related to the wastewater pump station shall also be owned
and maintained by Utility. All such facilities shall be installed by Developer's State of Florida Licensed
Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for
ownership and maintenance.
38. Developer shall,by perpetual covenants and restrictions,require each developed lot or parcel within
the Property to install an on-site irrigation system in full compliance with Utility's Reclaimed Water Policy(i.e.,
"Reuse Policy"), a true copy of which, in its current form, is attached hereto as Exhibit"B", and shall require that
those systems be operated and maintained in accordance with the rules and regulations of Utility, as well as all
governmental agencies having jurisdiction over such reclaimed water systems, and all lots or parcels lying within
the Property are hereby so restricted.
39. All irrigation contractors employed by Developer to install reclaimed water irrigation systems within
the Property shall be registered with Utility.The criteria for registration is included in Utility's Cross-Connection
Control Policy. Once registered,such irrigation contractor shall comply completely with Utility's Cross-Connection
Control Policy and Reuse Policy. Cross-connection control inspections will not be conducted for irrigation
contractors that are not registered with Utility.
40. All elements of the Florida Department of Environmental Protection rules and regulations regarding
the use of reclaimed water within the project will be adhered to at all times,and Community Development District
(CDD)and/or the Homeowners'Association(HOA)will continue to be responsible after Developer is no longer in
charge of the Governors Park Subdivision,Pod 1 C(0). This specifically pertains to the Public Notice(posting of
signs)provisions of the Florida Department of Environmental Protection rules and regulations,as well as all specific
requirements pertaining to the use of reclaimed water in public areas and on roadways.
10
41. No wells shall be permitted within or upon the Property for any purpose.'
42. The charges set forth in paragraph 4 (a), Capacity Charges, of this agreement are consistent with
Section 4.06 of the Clay County Utility Authority Master Water, Wastewater and Reclaimed Water Utility Service
Agreement[Governors Park], dated January 31, 2014, consisting of the original through the 8th Amendment.All
other CCUA-authorized fees,such as Alternative Water Supply,the SJRWMD Black Creek Cost Recovery Project,
line taps, meter charges, plan review and inspection fees, debt service charges, and recording fees, are per the
Utility's Rate Resolution in effect at the time of this agreement.
43. Section 4.07 of the original agreement referenced above provided the then-property owner,Buttercup
Enterprises,LLC,whose successor is Governors Park Property Holdings,LLC,with Connection Fee Credits in the
original amount of$2,091,708.00. Governors Park Property Holdings, LLC desires to assign a portion of its
remaining Cash Capacity Fee Credits,also referenced as Connection Fee Credits,in the amount of$412,500.27 for
the benefit of this development consisting of 169 residential connections, as identified in attached Exhibit"D".
Following this assignment, the remaining available balance of the Cash Capacity Fee Credits shall be
$1,084,197.73.
44. Developer and the Utility agree that the water,wastewater,and reclaimed water services to the onsite
infrastructure to serve Governors Park Subdivision,Pod 1 C(0)is contingent upon the installation and completion
of the Governors Park Subdivision, Phase 1A, Clay Dairy Parkway and the South &West Collector Roads.
45. This Agreement does not include any other phases or developments that are planned for this
Property. Water,wastewater, and/or reclaimed water service to any future/proposed Amenity Center, swimming
pool,and/or recreation areas are also not a part of this Agreement.A separate agreement will be entered into when
these developments are initiated.
46. The construction of this project will not commence until Utility is in receipt of an executed
Agreement, the charges stated herein are paid, and all permits and easements have been received.
47. 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 On the Next Page]
11
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:
CENTURY CO ITIES OF FLORIDA, LLC,
a Colorado l ite ability company
Witness:( 124C/C4744) By:
Print Name: Ginny Fein Name: Matt ev eaux
4601 Touchton R a Ste ,Jack ill , L 32246 Title: Vice Pre dent
Witness:
Print Name: o S'
4601 Touchton Road,Ste 3100,Jacksonville,FL 32246
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of CI physical presence or ❑ online
notarization this 10th day of June 2026, by Matt Devereaux , as Vice President of
CENTURY COMMUNITIES OF FLORIDA, LLC, a Colorado limited liability company, who is personally
known to me or who has produced n/a , as identification.
I � ' �
Notary Public State of Florida
1 'J),�\
Jennifer Sikes �'^��
My Commission HH 788579 P e: Jennifer Sikes
""'ult""' Expires 81212030 Nbt. ' blic, State of Florida at Large
y f.•v mission Expires: $�LI Zb3C)
12
WITNESSES: UTILITY:
CLAY COUNTY UTI AUTHORITY
% W
Witness: ie By: `.�►�
Print Name: ltchelly D. :+hnst In, P.E., M.B.A.
ecutiv= H - to
Witnes : 4
Print e: ( ,C.r,c_.-Ce S "-t''__,
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of ❑X physical presence or 0 online
notarization this LOA day of 3'i,v(. , 2026, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is ersonally known to me.
Print N me: Andrew H Mitchell
Notary Public State of Florida Notary Public
__ Andrew H Mitchell State of Florida at Large
"NH• My Expires
sion10/2 HH 730417 My Commission Expires:toI j/..09 1
Ex ire>i 10f2S/2029
GOVERNORS PARK SUBDIVISION-POD 1C (0)
CONSISTING OF 169 SINGLE-FAMILY LOTS
EXHIBIT "A"
A portion of fractional Section 33,Township 6 South,Range 26 East,Clay County,Florida,being a portion of DRI
Parcel,as described and recorded in Official Records Book 4675,page 1182,of the Public Records of 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
August 1, 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 Southwesterly 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 40,162.00 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 66°53'48"West,
2194.86 feet;Course 3,thence South 68°27'45"West,4268.97 feet;thence South 28°53'53"West,departing said
Southerly limited access right of way line, 2876.31 feet to the Point of Beginning.
From said Point of Beginning,thence South 32°18'32"East,722.15 feet;thence South 45°35'40"East,584.71 feet;
thence South 34°18'38" East, 129.32 feet; thence South 01°39'54" East, 1499.92 feet; thence South 88°20'06"
West, 191.45 feet to the point of curvature of a curve concave Southerly having a radius of 525.00 feet; thence
Westerly along the arc of said curve,through a central angle of 07°42'08", an arc length of 70.57 feet to a point of
compound curvature,said arc being subtended by a chord bearing and distance of South 84°29'03"West,70.52 feet;
thence Westerly along the arc of a curve concave Southerly having a radius of 886.50 feet,through a central angle
of 07°27'02",an arc length of 115.28 feet to a point on said curve,said arc being subtended by a chord bearing and
distance of South 76°54'28"West, 115.20 feet;thence South 20°42'06"East, along a non-tangent line, 3.71 feet;
thence South 71°14'34"West,60.13 feet;thence North 18°45'25"West, 1.20 feet to a point on a non-tangent curve
concave Southeasterly having a radius of 884.00 feet;thence Southwesterly along the arc of said curve,through a
central angle of 1 7°51'54",an arc length of 275.63 feet to a point of reverse curvature,said arc being subtended by a
chord bearing and distance of South 60°21'57"West, 274.52 feet; thence Southwesterly along the arc of a curve
concave Northwesterly having a radius of 1085.00 feet, through a central angle of 19°53'33", an arc length of
376.70 feet to a point on said curve,said arc being subtended by a chord bearing and distance of South 61°22'47"
West, 374.81 feet; thence North 83°48'32" West, along a non-tangent line, 128.33 feet;thence North 50°24'09"
West, 81.14 feet; thence North 84°11'05" West, 250.39 feet; thence North 22°29'15" West, 137.51 feet; thence
North 19°18'39"West,471.48 feet to the point of curvature of a curve concave Easterly having a radius of 729.00
feet;thence Northerly along the arc of said curve,through a central angle of43°56'56",an arc length of 559.18 feet
to the point of tangency of said curve,said arc being subtended by a chord bearing and distance ofNorth 02°39'49"
East, 545.57 feet; thence North 24°38'17"East, 282.55 feet to the point of curvature of a curve concave Westerly
having a radius of 909.00 feet;thence Northerly along the arc of said curve,through a central angle of 18°10'53",an
arc length of 288.45 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and
distance ofNorth 15°32'50"East,287.24 feet;thence North 06°27'24"East,533.75 feet to the point of curvature of
a curve concave Easterly having a radius of 1010.00 feet; thence Northerly along the arc of said curve, through a
central angle of 20°51'35",an arc length of 367.71 feet to a point on said curve,said arc being subtended by a chord
bearing and distance of North 16°53'11"East, 365.68 feet;thence North 74°35'58"East,along a non-tangent line,
12.10 feet;thence North 29°35'58"East, 63.37 feet; thence North 15°24'02"West, 6.82 feet to a point on a non-
tangent curve concave Southeasterly having a radius of 1000.00 feet; thence Northeasterly along the arc of said
curve,through a central angle of 24°59'30", an arc length of 436.19 feet to the Point of Beginning, said arc being
subtended by a chord bearing and distance of North 43°25'06"East, 432.74 feet.
Containing 79.66 acres,more or less.
EXIiIBIT "B"
REUSE POLICY
PAGE 1 OF 2
Effective Date-Thirty(30)days after Board's approval of the policy,for all developments that have not met the
filing requirements of the County's Zoning Department,which requires each new development to be reviewed
by the Development Review Committee(DRC),or for those developments not requiring DRC approval,which
have been quoted charges to connect to the Clay County Utility Authority's(CCUA)water and/or wastewater
systems within twelve months prior to the effective date of the reuse policy. A filing for a DRC meeting,which
is incomplete as of the effective date of this policy,shall not be considered as filed timely for the prior policy to
apply.
If the developer has not commenced substantial construction on his project,which was filed with DRC
prior to the effective date of this policy, within fifteen months after the effective date of the policy, then said
development shall come under the provisions of this policy.
Applicability - This policy will be applicable to all developments that file for a Development Review
Committee review after the effective date of this policy. This shall include:
A. Developments occurring under Development of Regional Impact(DRI)agreements which may
not be technically required to install residential reuse, but who choose to do so in settlement of minor and/or
major modifications to the structure and composition of developments within the DRI.These shall be regulated
and charged under this proposed policy and effective date criteria the same as all other developments.
B. Exceptions to the applicability of this policy and/or effective date are as follows:
1. Developments occurring under DRI agreements or Florida Quality Development(FQD)
agreements,which are not required by said agreement to install residential reuse and who
do not volunteer to provide residential reuse piping systems.
2. Developments which,as of the date of enactment of this policy,own and maintain their
own reuse pumping plant and purchase bulk service from the CCUA.
3. Developments which have prepaid connection fees prior to January 1, 1998, at a prior
approved rate and still have an inventory of prepaid connections, shall be exempt until
such prepaid connections are used up.
4. Developments and/or communities that own, operate and maintain their own reuse
infrastructure as of January 1, 1998.
Developments Required to Install Wastewater Effluent Reuse Piping Systems and Take Reuse Water
When it is Available-All developments occurring after the effective date of this policy will be reviewed by the
CCUA staff for feasibility of the installation of a reuse piping system for irrigation purposes.These shall include
commercial, public facilities, industrial, as well as residential developments.
Summary of Criteria to be Utilized by Staff to Evaluate and Determine if Reuse Piping Systems will be
Required -
(1) Financial feasibility of extending a trunk main to an area at that time, or some planned future
date,to provide reuse water to the proposed reuse system. This item shall consider the size of the development,
distance to nearest master planned reuse trunk main or planned reuse plant,remaining developable property in
the area,complexity of existing development of area which trunk mains must pass through,natural geographical
barriers (or obstacles), environmental damage, etc.
EXHIBIT "B"
REUSE POLICY
PAGE 2 OF 2
(2) Remaining developable land in the area(new area with very little existing development and
much growth potential will be considered more feasible than an already built-out area).
(3) Availability of adequate reuse water within a reasonable time to service the reuse system.
(4) CCUA's budgetary restraints.
(5) Length of time before a reuse plant or pump station is expected to be built in the area.
Surcharge for Developments not required to Install Reuse Piping Systems - Due to the built-out
condition of certain geographical areas and the other evaluation of feasibility considerations noted above,it
will not be practical to require all areas to install reuse piping systems. All developments that are not
required to install the reuse system shall pay a surcharge per ERC as its share of the burden of the reuse
system installations at a rate set forth in the "proposed charges for service availability".
Requirement for Installation of an Automatic Sprinkler System-All developments where reuse piping
systems are required shall install or require the installation of an automatic sprinkler irrigation system
acceptable to CCUA for the development of each separate parcel(lot)within the development. Such on-site
systems shall utilize color-coded pipe for reuse water,functional rain sensors,and automatic controllers and
timers.
Approval of Sprinkler Irrigation Contractors - It is deemed by CCUA to be important that sprinkler
irrigation contractors,who connect to the reuse system,be thoroughly educated with regard to reuse systems
in an effort to eliminate any potential cross connection with the potable water system. In this regard, all
irrigation contractors installing irrigation systems in conjunction with this reuse program must prequalify
with CCUA by providing their credentials and passing a qualification interview with CCUA's staff for the
purpose of demonstrating knowledge of the key issues regarding use of reuse water. A current certificate of
insurance,acceptable to CCUA,naming the CCUA as an additional insured shall be on file at all times with
the CCUA.
Requirement for Payment of Reuse Base Facility Charge-All customer classes that have reuse piping
systems available shall be required to pay the Base Facility Charge for reuse water whether they use the
reuse water or not.
Requirement for Reuse Meter-All customer classes that have reuse piping systems available shall pay for
the installation of a reuse meter at the same time the domestic meter is requested.
Wells-All developments where reuse piping systems are installed shall prohibit the installation of wells for
irrigation purposes.
Responsibility for Design and Installation of Reuse Piping Systems - Where reuse piping systems are
required,the design engineer for the project shall design,at Developer's expense,the reuse piping system for
the development and any reasonable trunk mains necessary to connect to the nearest source of reuse water,
and developer shall install said system at its expense. The CCUA's existing policy regarding cost sharing for
oversized mains,refundable agreements,plan review and approval,and adherence to CCUA's specifications
and details,shall apply to these reuse piping systems,the same as the potable water distribution systems and
wastewater collection systems.
EXHIBIT "C"
Page 1 of 2
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Governors Park Subdivision,Pod IC(0)
Engineer: Matthew B.Guilbeault,P.E. Landscape Engineer: Matthew R.Anders,RLA
England—Thims&Miller,Inc. Prosser Engineering
14775 Old St.Augustine Road 13901 Sutton Park Drive S, Ste 200
Jacksonville,Florida 32258 Jacksonville,Florida 32224
Job Number: 18-127-33
Date: March 20,2026
Engineer Description Approved
Drawing Number Plan Date
1 Cover Sheet 05/11/2026
2 FOR Page 05/11/2026
3A-3B General Notes&Legend 05/11/2026
4 Master Site Plan 05/11/2026
5A-5G Site Geometry Plan 05/11/2026
6A-6C Pre-Development Plan 05/11/2026
7 Post Development Plan 05/11/2026
8 Master Drainage Plan O5/11/2026
8A-8G Paving and Drainage Plan 05/11/2026
9A Typical Section O5/11/2026
9B-9E Paving and Drainage Details 05/11/2026
10A-10G Neighborhood Grading Plan 05/11/2026
10H Cross Sections O5/11/2026
11 Master Utility Plan O5/11/2026
11A-11F Water,Reuse and Sewer Plan O5/11/2026
12A-12D Roadway Profiles 05/11/2026
WAT 01-WAT 04 CCUA Water Details 05/11/2026
S-SEW Standard Sewer System Details O5/11/2026
S-RE1-SRE2 CCUA Reuse Details 05/11/2026
Water, Sewer and Reclaimed Water Utility Replacement in R/W 23' 05/11/2026
S-UTC1 Pavement Width
Water, Sewer and Reclaimed Water Utility Replacement in R/W 27' 05/11/2026
S-UTC2 Pavement Width
LW-STD Standard Locator Wiring Installation O5/11/2026
D-1 Permanent Submersible Pump Station with Concrete Wet Well O5/11/2026
D-3-D-5 Pump Station Details 05/11/2026
208 3PH Volt 20HP or Less Submersible Pump Station Electrical 05/11/2026
S-ELEC2 Schematic Details
S-ELEC5 Submersible Pump Station Pump Control Panel Schematic O5/11/2026
S-ELEC6- S- 05/11/2026
ELECT Submersible Pump Station Electrical Details
S-SPA Standard Water and Sewer System Details O5/11/2026
14-15 Sediment and Erosion Control Plan and Details O5/11/2026
16A-16B Fire Access 05/11/2026
05/11/2026
17 Stormwater Pollution Prevention Plan
EXHIBIT "C"
PAGE 2 OF 2
18 SWPP Contractor's Certification 05/11/2026
L-1.01-L-1.03 Tree Preservation Plan, Index,Notes&Detail O5/11/2026
L-2.01 Landscape Index,Notes, Schedules&Calculations O5/11/2026
O5/11/2026
L-2.02-L-2.10 Landscape Plan,Detail&Specifications
CLAY COUNTY UTILITY AUTHORITY
CERTIFICATE OF ASSIGNMENT OF CONNECTION FEE CREDITS
THIS ASSIGNMENT ("Assignment") is made as of this a Fday of May, 2026, by the
CLAY COUNTY UTILITY AUTHORITY, an independent special district established under
Chapter 94-491, Laws of Florida, Special Acts of 1994, hereinafter referred to as ("CCUA"), of
Cash Capacity f/k/a Connection Fee Credits in favor of Century Communities of Florida, LLC, a
Colorado limited liability company, including its successors and permitted assignees hereunder
(the"Assignee").
RECITATIONS
WHEREAS. GOVERNORS PARK PROPERTY HOLDINGS, LLC, a Delaware limited
liability company(the"Owner"), is the successor and assignor of that certain Clay County Utility
Authority Water, Wastewater and Reclaimed Water Utility Service Agreement dated January 31,
2014, as amended, with CCUA (collectively, the."Agreement"), benefiting certain real property
in Clay County Florida as more specifically described therein but generally described and now
known as Governors Park;and
WHEREAS, Section 4.06 of the Agreement provides that Owner is entitled to
Connection Fee Credits to be applied for residential and. non-residential customers at the
connection fee rates in effect as of the execution of the Agreement, which were in the amount of
$1,496,698; and
WHEREAS, pursuant to the Agreement, the parties agreed that the 2014 Connection Fee
rates would be those as depicted on Exhibit A hereto. Thus, by way of example, a single-family
equivalent residential connection ("ERC") with a dual water piping system would be subject to a
cash connection charge per ERC of$1,680. An ERC without a dual water piping system would
be subject to a cash connection fee of$2,485;.and
WHEREAS,pursuant to CCUA's current rate Resolution and Service Availability Policy,
the former Connection Fee Credits are now known as Cash Capacity Fee Credits;and
WHEREAS, thus, by further way of example, if the subject $1,496,698.00 in Cash
Capacity Fee Credits were utilized for dual piping single-family ERCs, Owner would be entitled
to 890 prepaid ERCs, which it would be entitled to assign as it sees fit within its property
boundaries; and
WHEREAS, its Owner has instructed CCUA to assign a_portion of its Cash Capacity Fee
Credits in the amount$412,500.27 to Century Communities of Florida; and
WHEREAS. CCUA has agreed to such Cash Capacity Fee Credit assignment.
NOW,THEREFORE,for and in consideration of the instruction by Owner to assign
CLAY COUNTY UTILITY AUTHORITY
CERTIFICATE OF ASSIGNMENT OF CONNECTION FEE CREDITS
18365775.2
$ 412,500.27 in Cash Capacity Fee Credits to Assignee, CCUA hereby provides this Certificate
of Assignment of Cash Capacity Fee Credits to Assignee as follows.
1. Of the $1,496.698 in Cash Capacity Fee Credits referenced hereinabove, CCUA
hereby assigns, at Owner's direction and consent, $ 412,500.27 in Cash Capacity Fee Credits to
Assignee.
2. Said Cash Capacity Fee Credits are assigned pursuant to CCUA's Rate Resolution
and Service Availability Policy, as may be amended from time to time, but do not include any
other CCUA authorized fees for such matters as Alternative Water Supply, the SJRWMD Black
Creek Cost Recovery Program, line taps, meter fees, plan review and inspection fee, debt service
charges, recording fees, and other items of that nature as may be applicable from time to time.
3. No direct or indirect member, partner, shareholder, manager, trustee, trust
beneficiary, director, officer, manager, or employee of either CCUA or the Owner hereto shall
have any personal liability under this Assignment.
[the remainder of this page is intentionally left blank]
6211935_2
IN WITNESS WHEREOF, CCUA has executed and delivered this Certificate as of the
date set forth above.
CLAY COUNTY UTILITY AUTHORITY, an
independent special district established under
Chapter 94-491. Laws • • ida, Special Acts of
1994
By: - I I r
TitlOW
recto I
Agreed to this_day of May,2026 by:
Governors Park Property Holdings, LLC, a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
CLAY COUNTY UTILITY AUTHORITY
CERTIFICATE OF ASSIGNMENT OF CONNECTION FEE CREDITS
IN WITNESS WHEREOF, CCUA has executed and delivered this Certificate as of the
date set forth above.
CLAY COUNTY UTILITY AUTHORITY, an
independent special district established under
Chapter 94-491, Laws of Florida, Special Acts of
1994
By:
Name: Jeremy D.Johnston
Title: Executive Director
Agreed to this e9'day of May,2026 by:
Governors Park Proy Holdings,LLC,a Delaware limited liability company
By: qThj>j .
Name: Marc Porosoff
Title: Vice President an ecretars
By: PP -Vil
Name:Howard Fife
Title: Vice President
CLAY COUNTY UTILITY AUTHORITY
CERTIFICATE OF ASSIGNMENT OF CONNECTION FEE CREDITS
EXHIBIT A
2014 Connection Fee Rates
Developments With
Reclaimed Water
Description Piping System
Water Connection Fee Per ERC $340.00
Wastewater Connection Fees:
Wastewater Connection Fee Per $1845.00
ERC
Environmental Impact Fee Per ERC $0.00
Reclaimed Water Connection Fee $300.00
Per ERC
Subtotal $2485.00
Less Credit for Reclaimed Water
Dual Piping system Installation
Per ERC $(805.00)*
Water,Wastewater and Reclaimed
Water Connection Charge per ERC $1680.00
Governors Park is required pursuant to the DRI to construct reclaimed water lines throughout the
Development Parcel. Residential unit connection charges shall be at the applicable rate for
Developments with Reclaimed Piping Systems referenced above. As to nonresidential
development, the connection rate shall be charged per Equivalent Residential Connection
("ERC"). ERC is 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 GPM.
*The$805 charge credit for the dual piping system is only available to residential users. Therefore,
the 2014 connection fee rate applicable to Commercial and Industrial users in Governors Park is
$2,485.00 per ERC.
CLAY COUNTY UTILITY AUTHORITY
CERTIFICATE OF ASSIGNMENT OF CONNECTION FEE CREDITS
CLAY COUNTY UTILITY AUTHORITY/GOVERNORS PARK PROPERTY
HOLDINGS, LLC
CAPACITY FEE CREDIT ASSIGNMENT SCHEDULE
Amount Total Available
Assignee Assigned Date $2,091,708.00
1. Weekly Homes 250 ERCs Effective Date ($595,010.00)
2. Century Communities 169 ERCs Effective Date ($412.500.27)
3.
4.
5.
6211935 2
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LGovernors Park Subdivision, / , ;
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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'U-A—
C�V Title:
(1,
.........
__ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
�� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
'a Phone 904 272 5999ill■ Gravity Sewer Features
�t 6/15/2026,12:24:06 PM - Forced Sewer Features
Conservation.Commitment.Community
lTl"AUW( 1 inch = 2,000 feet - Reclaimed Features