HomeMy WebLinkAbout06.e.01 DA GC25.26-11 - South West Collector Roads. Governors Park Infrastructure Only GC25/26-11
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Clay County Utility Authority
3176 Old Jennings Road SOUTH AND WEST COLLECTOR ROADS
Middleburg, Florida 32068 GOVERNORS PARK INFRASTRUCTURE ONLY
(Green Cove System)
Name of Project
Parcel Nos: 33-06-26-015652-000-00 &
38-06-26-016516-000-00, 32-06-26-015650-001-00
Clay County
DEVELOPER AGREEMENT
lw *6141661.
This DEVELOPER AGREEMENT ("Agreement"), made and entered into this'' day of _
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 herein 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:
(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 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 c450)GPD, one wastewater ERC is (311) GPD, and
one reclaimed water ERC is(275)GPD.
(d) "Final Acceptance Date" means the date of.Utility's acceptance of any On-site and Off-site
Facilities and Utility's commencement of service to the Property,or the applicable portion thereof
(e) "Owner" means the Developer or the owner of any portion of the Property from time to
time, as applicable.
(f) "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 up to the Point of Delivery unless otherwise agreed.
The pipes and appurtenances inside the Point of Delivery shall belong to Developer or Owner, as applicable.
(g) "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) Potable Water Capacity Charge:
($476.93 x 0.00 ERCs) $ N/A
Alternative Water Supply Surcharge:
($411.64 x 0.00 ERCs) $ N/A
SJWMD Black Creek Water Resource Charge:
($102.40 x 0.00 ERCs) $ N/A
Wastewater Capacity Charge:
($4,345.34 x 0.00 ERCs) $ N/A
Reclaimed Water Capacity Charge:
($317.95 x 0.00 ERCs) $ N/A
Debt Service Charge:
($246.79 x 0.00 ERCs) $ N/A
(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
Effluent Reclaimed Meter Installation $ N/A
d F Revw F $ 1.540.00 *
e) InspectionlanReview
Fee ee $ 4,078.36 *
0 Recording Fee $ 188.63
Total $ 5,806.99 '�
* -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.
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Payment of the above charges does not and will not result in Utility waiving any of its rates or rules and
regulations and their enforcement shall not be affected in any manner whatsoever by Developer making payment
of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any portion of the
value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges
paid.
Except as otherwise stated in this Agreement, neither Developer nor 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 — (a) 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 all or any portion of the On-Site System is conveyed, the same
shall be operated and maintained by Developer. From and after such time as all or any portion of the On-Site
System is conveyed to Utility and Utility has accepted the same, the same shall be operated and maintained by
Utility. In its reasonable discretion, Utility may decline to accept all or any portion of the On-Site System until
such On-Site System is constructed in accordance with this Agreement.
(b) 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 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.
(c) 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. (d) Developer shall secure from the
construction 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 construction contractor's warranty shall survive the Final Acceptance Date for any applicable portion
of the Property for a period of two (2)years.
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(e) 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.
(f) 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:
(i) 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.
(ii) 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.
(iii) Assign any and all warranties and/or maintenance bonds as set forth herein.
(iv) 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.
(v) 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.
(vi) Convey to Utility, if so designated by Utility,by recordable documents in form approved by Utility and
Developer,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(vii) 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.
The provisions of this Paragraph 5(f) shall survive the Final Acceptance Date for the applicable portion
of the Property for a period of one (1) year.
6. Off-Site Installations — Prior to the Final Acceptance Date, 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.
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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 delivered to Developer in accordance with the provisions of Paragraph 15,
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
platted or dedicated 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
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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.
Notwithstanding anything in this Paragraph 9 to the contrary, at Developer's request and sole cost and
expense, Developer and Utility agree to enter into separate easement agreements pursuant to Paragraph 32 hereof
pursuant to which Developer shall provide exact legal descriptions of the easements to be granted hereunder, in
which event, after the Final Acceptance Date with respect to any applicable portion of the Property,Utility agrees
to enter into a recordable document that will terminate the general easements granted under this Agreement with
respect to such portion of the Property.
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 Riaht 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 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. The respective Owners of any
portion of the 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 or any Owners to
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the lines, of the Utility,the applicable offending Developer or Owner 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.
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. Notwithstanding anything herein to the contrary, at such time that either Developer or any Owner sells
or conveys its interest in the Property, such Developer or Owner shall no longer have any obligations hereunder, and
the grantee or assignee of such interest in the Property shall be the sole obligee hereunder with respect to such portion
of the Property.
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 certified mail, Federal Express or UPS overnight delivery,
and if to Developer, shall be mailed or delivered to Developer at:
Governors Park Property Holdings, LLC
Attn: Kevin Kramer
401 E Las Olas Blvd, Suite 1870
Fort Lauderdale, FL 33301
With a copy to:
Governors Park Property Holdings, LLC
9 Old Kings Highway S.
4th Fl
Darien, CT 06820
Attn: General Counsel
and:
Governors Park South Community Development District
c/o Wrathell Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, Florida 33431
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other addresses as specified in writing by either party to the other.
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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, either Developer or any future Owner 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 to the extent of the delay actually caused by the forgoing
matters.
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 the Governors Park South
Community Development District 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 any phase of the work of Developer with respect to completing the facilities and services to any
later 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 a party,unless
such additions, alterations,variations or waivers are expressed in writing and duly signed by both parties.
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
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at any other time or times. No direct or indirect member,partner, shareholder,manager,trustee,trust beneficiary,
director, officer,manager,or employee of any party hereto shall have any personal liability under this Agreement.
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' 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 successors in title 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 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 its contractor to contact
Utility for an estimate of such charges 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. At Utility's request 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 to Utility. At Developer's request and sole
expense 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 to Utility, in which event Utility agrees to enter into a recordable document
terminating the general easements granted hereunder as provided in Paragraph 9 above. In addition, this
Agreement is contingent upon the execution of the Grant of Easement document.
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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,
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 are planted within the road right-of-ways 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 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. The charges shown in paragraph 4 of this Agreement cover only the water, wastewater and reclaimed
water infrastructure along South and West Collector Roads Governors Park, in accordance with the plans shown on
Exhibit "B," attached hereto and by reference made a part 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 of each future development on the Property when such development is initiated.
36. The Developer shall connect to the Utility's 12-inch water main, 16-inch force main, and 24-inch
reclaimed water main at the location shown on the final approved plans prepared by England-Thims & Miller, Inc.,
Project No. 18-127-49, titled South and West Collector Roads Governors Park, 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 and
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)
38. No wells shall be permitted within or upon the Property for any purpose.
39. Developer and the Utility agree that the water, wastewater, and reclaimed water services to the
onsite infrastructure to serve Governors Park South and West Collector Roads is contingent upon the installation,
completion, and acceptance of Governors Park, Phase 1 A and the Clay Dairy Parkway Infrastructure Only (fna
Green Cove Springs Bypass)project.
40. 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]
10
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,a special-purpose unit of
local government
Witness: By: V-L--
Print Name: 1�1 Acz_AC-- Name:
Title: V t - -k i t—
Witne •
Print Name:~` , Lc
STATE OF F l b Y\ dl a_
COUNTY OF p ra rk 9c_,
The foregoing instrument was acknowledged before me by means of _s physical presence or❑ online
notarization this 1 t' day of JN I 2026,by 144,v i v, k Yq m c v' ,as Vi Cc. c ha, - of
GOVERNORS PARK SOUTH COMMUNITY DEVELOPMENT DISTRICT,a special-purpose unit of local
government,who is personally known to me or who has produced_ , as identification.
Print Name: Jody F•Plr\0
•P`" JODY F.PINO Notary Public, State of F1 o r iota, at Large
MY COMMISSION#HH 472373 My Commission Expires: q 1 1 ‘a o
EXPIRES:April 12,2028
11
WITNESSES: UTILITY:
iiiiCLAY COUNTY UT " HORITY
Witnes By: ` • � _ \._ i-
Print N e: a M. •r my D. ston, '.E., M.B.A.
e . 've D. •ctor
itifitial
Witness•
Print N ' A fen (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrume t was acknowledged before me by means of IN physical presence or❑ online
notarization this day of , 2026 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COLTN TILIT AUTHORITY, who is personally known to me.
- - - - - - - -
f Notary Public State of Florida ►. Print N • ` 1.
1 _ Jlns M. Smith 1
4 .,., My Commission HH 557024 0 Notary blic, State of at Large
1 Explrss 5130/2028 ► My Co •ssion Ex Tres:
12
SOUTH AND WEST COLLECTOR ROADS
GOVERNORS PARK- INFRASTRUCTURE ONLY
Parcel Nos.: 33-06-26-015652-000-00 & 38-06-26-016516-000-00, 32-06-26-015650-001-00
EXHIBIT "A"
1 of 4
A portion of Section 32, a portion of fractional Section 33 and 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, pages 31 through
34, of the Public Records of Clay County, Florida, all lying in Township 6 South, Range 26 East, said county, being
all of those lands described and recorded in Official Records Book 5047, page 1070, and a portion of those lands
described and recorded in Official Records Book 5016, page 387, of said Public Records, 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 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, 3510.72 feet; thence South 21°32'15" East,departing said Southerly limited access right of way line,
2319.54 feet to the Point of Beginning.
From said Point of Beginning, thence South 17°12'04" East, 207.04 feet to the point of curvature of a curve concave
Westerly having a radius of 115.00 feet; thence Southerly along the arc of said curve, through a central angle of
18°53'28", an arc length of 37.92 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of South 07°45'20" East, 37.75 feet; thence South 01°41'24" West, 56.17 feet; thence North
88°43'22" East, 98.15 feet; thence North 63°35'11" East, 52.37 feet; thence North 57°31'16" East, 735.33 feet to a
point lying on the Southwesterly line of those lands described and recorded in Official Records Book 5016,page 392,
of said Public Records; thence Southeasterly along said Southwesterly line the following 6 courses: Course 1, thence
Southeasterly along the arc of a non-tangent curve concave Northeasterly having a radius of 2183.00 feet, through a
central angle of 03°31'47", an arc length of 134.49 feet to a point of reverse curvature, said arc being subtended by a
chord bearing and distance of South 47°54'48" East, 134.46 feet; Course 2, thence Southerly along the arc of a curve
concave Westerly having a radius of 30.00 feet, through a central angle of 87°47'26", an arc length of 45.97 feet to a
point on said curve, said arc being subtended by a chord bearing and distance of South 05°46'59" East, 41.60 feet;
Course 3,thence South 51°51'41" East, along a non-tangent line, 125.98 feet; Course 4,thence North 38°06'43" East,
0.70 feet to the point of curvature of a curve concave Southerly having a radius of 30.00 feet; Course 5,thence Easterly
along the arc of said curve, through a central angle of 87°23'35", an arc length of 45.76 feet to a point of reverse
curvature, said arc being subtended by a chord bearing and distance of North 81°48'31" East, 41.45 feet; Course 6,
thence Southeasterly along the arc of a curve concave Northeasterly having a radius of 2183.00 feet,through a central
angle of 00°00'36", an arc length of 0.38 feet to a point on said curve, said arc being subtended by a chord bearing
and distance of South 54°30'00" East, 0.38 feet; thence South 38°06'44" West, departing said Southwesterly line and
along a non-tangent line,54.36 feet to a point on a non-tangent curve concave Northwesterly having a radius of 1252.61
feet; thence Southwesterly along the arc of said curve, through a central angle of 41°27'47", an arc length of 906.47
feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 60°14'23"West,
886.82 feet;thence Southwesterly along the arc of a curve concave Southeasterly having a radius of 70.00 feet,through
13
EXHIBIT "A"
2 of 4
a central angle of 90°31'20", an arc length of 110.59 feet to a point of compound curvature, said arc being subtended
by a chord bearing and distance of South 35°42'36"West,99.45 feet;thence Southerly along the arc of a curve concave
Easterly having a radius of 95.00 feet, through a central angle of 08°13'10", an arc length of 13.63 feet to the point of
tangency of said curve, said arc being subtended by a chord bearing and distance of South 13°39'39" East, 13.62 feet;
thence South 17°46'14" East, 1.45 feet; thence South 72°13'46" West, 103.22 feet; thence North 39°17'22" West,
100.91 feet to the point of curvature of a curve concave Southerly having a radius of 100.00 feet; thence Westerly
along the arc of said curve, through a central angle of 78°14'58", an arc length of 136.57 feet to a point of compound
curvature, said arc being subtended by a chord bearing and distance of North 78°24'51" West, 126.20 feet; thence
Southwesterly along the arc of a curve concave Southeasterly having a radius of 1000.00 feet,through a central angle
of 31°32'19", an arc length of 550.45 feet to a point on said curve, said arc being subtended by a chord bearing and
distance of South 46°41'31" West, 543.53 feet; thence South 15°24'02" East, along a non-tangent line, 6.82 feet;
thence South 29°35'58" West, 63.37 feet; thence South 74°35'58" West, 12.10 feet to a point on a non-tangent curve
concave Easterly having a radius of 1010.00 feet;thence Southerly along the arc of said curve,through a central angle
of 20°51'35", an arc length of 367.71 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of South 16°53'11" West, 365.68 feet; thence South 06°27'24" West, 533.75 feet to the point of
curvature of a curve concave Westerly having a radius of 909.00 feet; thence Southerly 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 of South 15°32'50" West, 287.24 feet; thence South 24°38'17" West,
282.55 feet to the point of curvature of a curve concave Easterly having a radius of 729.00 feet;thence Southerly along
the arc of said curve,through a central angle of 43°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 of South 02°39'49" West, 545.57 feet; thence South
19°18'39" East, 471.48 feet; thence South 22°29'15" East, 137.51 feet; thence South 84°11'05" East, 250.39 feet;
thence South 50°24'09" East, 81.14 feet; thence South 83°48'32" East, 128.33 feet to a point on a non-tangent curve
concave Northwesterly having a radius of 1085.00 feet; thence Northeasterly along the arc of said curve, through a
central angle of 19°53'33", an arc length of 376.70 feet to a point of reverse curvature, said arc being subtended by a
chord bearing and distance of North 61°22'47"East,374.81 feet;thence Northeasterly along the arc of a curve concave
Southeasterly having a radius of 884.00 feet, through a central angle of 17°51'54", an arc length of 275.63 feet to a
point on said curve, said arc being subtended by a chord bearing and distance of North 60°21'57" East, 274.52 feet;
thence South 18°45'25" East, along a non-tangent line, 1.20 feet; thence North 71°14'34" East, 60.13 feet; thence
North 20°42'06" West, 3.71 feet to a point on a non-tangent curve concave Southerly having a radius of 886.50 feet;
thence Easterly along the arc of said curve,through a central angle of 07°27'02", an arc length of 115.28 feet to a point
of compound curvature, said arc being subtended by a chord bearing and distance of North 76°54'28" East, 115.20
feet;thence Easterly along the arc of a curve concave Southerly having a radius of 525.00 feet,through a central angle
of 00°38'10", an arc length of 5.83 feet to a point on said curve, said arc being subtended by a chord bearing and
distance of North 80°57'04"East,5.83 feet;thence South 08°57'11"East,along a non-tangent line, 117.49 feet;thence
North 80°59'08" East, 85.53 feet; thence South 33°41'56" East, 198.11 feet; thence South 51°11'21" West, 1164.49
feet; thence South 37°18'23" West, 82.43 feet; thence South 58°01'20" West, 77.60 feet to a point on a non-tangent
curve concave Southwesterly having a radius of 1285.00 feet;thence Southeasterly along the arc of said curve,through
a central angle of 12°15'35", an arc length of 274.96 feet to a point on said curve, said arc being subtended by a chord
bearing and distance of South 25°50'53" East, 274.43 feet; thence South 62°02'55" East, along a non-tangent line,
13.93 feet; thence North 72°57'05" East, 8.79 feet; thence South 17°02'55" East, 40.53 feet to the point of curvature
of a curve concave Westerly having a radius of 1296.00 feet; thence Southerly along the arc of said curve, through a
central angle of 21°11'45", an arc length of 479.44 feet to the point of tangency of said curve, said arc being subtended
by a chord bearing and distance of South 06°27'02" East, 476.71 feet; thence South 04°08'51" West, 94.16 feet to a
point lying on the Northerly line of those lands described and recorded in Official Records Book 4960, page 901, of
said Public Records, also being the Northerly line of Section 4, Township 7 South, Range 26 East, said county;thence
South 89°30'31" West, along said Northerly line, 203.57 feet to a point on a non-tangent curve concave Westerly
having a radius of 1100.00 feet;thence Northerly,departing said Northerly line and along the arc of said curve,through
14
EXHIBIT "A"
3 of 4
a central angle of 24°02'35",an arc length of 461.60 feet to a point on said curve, said arc being subtended by a chord
bearing and distance of North 02°40'57" West, 458.22 feet; thence South 72°57'05" West, along a non-tangent line,
40.53 feet; thence North 16°46'28" West, 100.00 feet; thence North 72°57'05" East, 39.60 feet to a point on a non-
tangent curve concave Southwesterly having a radius of 1100.00 feet;thence Northwesterly along the arc of said curve,
through a central angle of 15°57'18", an arc length of 306.32 feet to a point of reverse curvature, said arc being
subtended by a chord bearing and distance of North 27°53'31" West, 305.33 feet; thence Northwesterly along the arc
of a curve concave Northeasterly having a radius of 1600.00 feet, through a central angle of 12°13'00", an arc length
of 341.15 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of North
29°45'41" West, 340.51 feet;thence Northwesterly along the arc of a curve concave Southwesterly having a radius of
381.50 feet,through a central angle of 24°25'38", an arc length of 162.65 feet to a point of reverse curvature, said arc
being subtended by a chord bearing and distance of North 35°51'59" West, 161.42 feet; thence Northerly along the
arc of a curve concave Easterly having a radius of 166.50 feet,through a central angle of 78°24'50", an arc length of
227.87 feet to a point of reverse curvature,said arc being subtended by a chord bearing and distance of North 08°52'23"
West, 210.50 feet; thence Northerly along the arc of a curve concave Westerly having a radius of 31.50 feet, through
a central angle of 58°39'20", an arc length of 32.25 feet to a point of reverse curvature, said arc being subtended by a
chord bearing and distance of North 01°00'22" East,30.86 feet;thence Northwesterly along the arc of a curve concave
Northeasterly having a radius of 1090.50 feet, through a central angle of 06°49'17", an arc length of 129.83 feet to a
point of reverse curvature, said arc being subtended by a chord bearing and distance of North 24°54'40" West, 129.75
feet; thence Northwesterly along the arc of a curve concave Southwesterly having a radius of 5200.00 feet, through a
central angle of 03°51'13", an arc length of 349.74 feet to a point of reverse curvature, said arc being subtended by a
chord bearing and distance of North 23°25'38" West, 349.67 feet; thence Northwesterly along the arc of a curve
concave Northeasterly having a radius of 1246.00 feet, through a central angle of 03°34'O1", an arc length of 77.57
feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 23°34'13" West, 77.56
feet; thence North 70°55'52" East, along a non-tangent line, 6.27 feet; thence North 18°48'59" West, 114.00 feet;
thence South 70°55'52" West, 6.31 feet to the point of curvature of a curve concave Southeasterly having a radius of
874.00 feet; thence Southwesterly along the arc of said curve, through a central angle of 07°55'38", an arc length of
120.92 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 66°58'03"
West, 120.83 feet; thence North 27°08'21" West, along a non-tangent line, 41.16 feet to the point of curvature of a
curve concave Easterly having a radius of 332.00 feet;thence Northerly along the arc of said curve, through a central
angle of 14°40'08", an arc length of 85.00 feet to the point of tangency of said curve, said arc being subtended by a
chord bearing and distance of North 19°48'16" West, 84.77 feet; thence North 12°28'12" West, 153.74 feet; thence
North 17°06'17" West, 175.40 feet to the point of curvature of a curve concave Southwesterly having a radius of
710.00 feet; thence Northwesterly along the arc of said curve, through a central angle of 14°40'11", an arc length of
181.78 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 24°26'23"
West, 181.29 feet; thence North 57°58'52" East, along a non-tangent line, 151.17 feet to the point of curvature of a
curve concave Northwesterly having a radius of 170.00 feet;thence Northeasterly along the arc of said curve,through
a central angle of 67°17'57", an arc length of 199.68 feet to the point of tangency of said curve, said arc being
subtended by a chord bearing and distance of North 24°19'54" East, 188.40 feet;thence North 09°19'05" West, 88.97
feet; thence North 68°24'35" East, 270.92 feet to a point on a non-tangent curve concave Westerly having a radius of
1265.00 feet; thence Northerly along the arc of said curve, through a central angle of 16°16'23", an arc length of
359.28 feet to a point on said curve,said arc being subtended by a chord bearing and distance of North 10°52'34"East,
358.08 feet; thence North 04°18'15" East, along a non-tangent line, 60.62 feet to the point of curvature of a curve
concave Southwesterly having a radius of 95.00 feet; thence Northwesterly along the arc of said curve, through a
central angle of 76°07'09",an arc length of 126.21 feet to the point of tangency of said curve,said arc being subtended
by a chord bearing and distance of North 33°45'19" West, 117.13 feet; thence North 71°48'54" West, 309.81 feet;
thence North 69°05'52" West, 83.91 feet; thence North 31°59'22" East, 25.28 feet to a point on a non-tangent curve
concave Northeasterly having a radius of 860.00 feet; thence Northwesterly along the arc of said curve, through a
central angle of 06°06'54", an arc length of 91.78 feet to a point of reverse curvature, said arc being subtended by a
15
EXHIBIT "A"
4 of 4
chord bearing and distance of North 63°34'07" West, 91.74 feet; thence Westerly along the arc of a curve concave
Southerly having a radius of 30.00 feet,through a central angle of 79°32'35",an arc length of 41.65 feet to a point on
said curve, said arc being subtended by a chord bearing and distance of South 79°43'03" West, 38.38 feet; thence
North 58°00'38" West,along a non-tangent line, 60.71 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 80°24'21", an arc length
of 42.10 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North
17°48'27" West, 38.73 feet; thence North 58°00'38" West, 224.71 feet to the point of curvature of a curve concave
Southerly having a radius of 660.00 feet; thence Westerly along the arc of said curve, through a central angle of
56°56'57", an arc length of 656.01 feet to the point of tangency of said curve, said arc being subtended by a chord
bearing and distance of North 86°29'06" West, 629.33 feet; thence South 65°02'26" West, 298.94 feet to the point of
curvature of a curve concave Southeasterly having a radius of 760.00 feet; thence Southwesterly along the arc of said
curve, through a central angle of 22°37'34", an arc length of 300.12 feet to the point of tangency of said curve, said
arc being subtended by a chord bearing and distance of South 53°43'39" West, 298.18 feet; thence South 42°24'52"
West, 51.89 feet to the point of curvature of a curve concave Easterly having a radius of 25.00 feet; thence Southerly
along the arc of said curve, through a central angle of 90°00'09", an arc length of 39.27 feet to a point on said curve,
said arc being subtended by a chord bearing and distance of South 02°35'12"East, 35.36 feet;thence South 42°24'52"
West, along a non-tangent line, 60.42 feet to a point on a non-tangent curve concave Southerly having a radius of
30.00 feet; thence Westerly along the arc of said curve, through a central angle of 80°24'29", an arc length of 42.10
feet to the point of tangency of said curve,said arc being subtended by a chord bearing and distance of South 82°37'06"
West, 38.73 feet; thence South 42°24'52" West, 84.63 feet to the point of curvature of a curve concave Northwesterly
having a radius of 860.00 feet; thence Southwesterly along the arc of said curve,through a central angle of 17°25'11",
an arc length of 261.47 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South
51°07'28" West, 260.46 feet; thence North 30°49'55" West, along a non-tangent line, 80.01 feet to a point on a non-
tangent curve concave Northwesterly having a radius of 780.00 feet; thence Northeasterly along the arc of said curve,
through a central angle of 17°29'17",an arc length of 238.08 feet to the point of tangency of said curve, said arc being
subtended by a chord bearing and distance of North 51°09'31" East, 237.15 feet; thence North 42°24'52" East, 87.63
feet;thence North 00°49'58" West, 36.49 feet;thence North 43°11'58"East, 62.26 feet;thence North 79°56'08"East,
37.54 feet to a point on a non-tangent curve concave Southeasterly having a radius of 842.50 feet;thence Northeasterly
along the arc of said curve, through a central angle of 22°01'49", an arc length of 323.94 feet to a point on said curve,
said arc being subtended by a chord bearing and distance of North 50°20'55"East,321.95 feet;thence North 19°46'09"
East,along a non-tangent line,48.51 feet;thence North 25°07'21"West, 8.82 feet;thence North 64°52'39"East, 96.66
feet; thence North 25°07'21" West, 127.53 feet; thence North 51°18'13" East, 494.89 feet; thence North 70°42'O 1"
East, 2052.75 feet; thence North 39°18'35" East, 54.10 feet; thence North 76°29'39" East, 255.30 feet to the Point of
Beginning.
Containing 94.15 acres, more or less.
16
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: South and West Collector Roads Governors Park
Engineer: Matthew Guilbeault, P.E.
England-Thims & Miller, Inc.
14775 Old St. Augustine Road
Jacksonville, FL 32258
Project No.: 18-127-49
Project Date: February 26,2026
Engineer Drawing Description Latest Engineer
Number Approved Plan Date
1 Cover Sheet 02/27/2026
2 Signature Page 02/27/2026
3A-3B General Notes 02/27/2026
4 Master Site Plan 02/27/2026
5A-5M Site Geometry Plan 02/27/2026
6A-6M Striping and Signage Plan 02/27/2026
6N-6S Roundabout A, B, C Striping and Signage 02/27/2026
7A-7C Pre-Development Plan 02/27/2026
8A-8C Post Development Plan 02/27/2026
9 Master Paving and Drainage 02/27/2026
9A-9M Paving and Drainage Plan 02/27/2026
9N-9P Roundabout A, B, C Grading 02/27/2026
9Q-9S Cross Sections 02/27/2026
10A Typical Section 02/27/2026
10B-10D Paving and Drainage Details 02/27/2026
10E Control Structures 02/27/2026
11 Master Water, Sewer and Reuse 02/27/2026
11 A-11 L Plan and Profile Water, Reuse, Force Main 02/27/2026
S-SPA Standard Water and Sewer System Specifications 02/27/2026
WAT 01 —WAT 04 CCUA Details 02/27/2026
S-RE1 — S-RE2 CCUA Reclaimed Water Details 02/27/2026
S-SEW CCUA Sewer System Details 02/27/2026
S-UTC 1 Water, Sewer, and Reclaimed Water Utility Placement 02/27/2026
in R/W 23' Pavement Width
S-UTC2 Water, Sewer, and Reclaimed Water Utility Placement in 02/27/2026
13 Sediment and Erosion Control Plan 02/27/2026
17
13A Erosion Sediment Control Details 02/27/2026
14 Storm Water Pollution Prevention Plan 02/27/2026
15 SWPPP—Contractor Certification 02/27/2026
L-1.01 Landscape Index,Notes & Schedule 02/27/2026
L-1.02—L-1.11 _ Landscape Plan 02/27/2026
L-1.12—L-1.13 Landscape Details & Specifications 02/27/2026
18
EXHIBIT "C"
REUSE POLICY
Page 1 of 3
Effective Date-Thirty(30)days after Boards 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.
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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.
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EXHIBIT "C"
REUSE POLICY
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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.
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):