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HomeMy WebLinkAboutDA KU21.22-54 - The Mini Bar, III KU21/22-54 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 TWO HUNDRED THIRTY EIGHTH SUPPLEMENTAL BULK SERVICE AGREEMENT (Kingsley System) THIS TWO HUNDRED THIRTY EIGHTH AUPPLEMENTALBULK- SERVICE AGREEMENT("Agreement"),made and entered into this \fir• day of%_ 'ii � Mt, by and between THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT,a Chapter 190,F.S., Community Development District,hereinafter referred to as the "CDD", 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,Clay County Utility Authority is the owner and operator of certain water,wastewater and effluent reuse facilities in Clay County; WHEREAS,CDD intends to provide water,wastewater and reuse utility service to the lands located within its boundary,in Clay County,Florida,as described in Exhibit"A",attached hereto and incorporated herein by reference(hereinafter"Property"); WHEREAS, CDD and Utility have executed a Master Bulk Service Agreement dated October 26, 1993,for the purpose of setting forth the terms,provisions,and responsibilities of the parties as they pertain c to providing (1) Water and Wastewater Systems; (2) Water and Wastewater Service availability; (3) = reserving capacity in Utility's water and wastewater systems; (4)establishing initial water and wastewater bulk rate service rates for the Property; re WHEREAS,CDD is in the process of developing a portion of said Property as described in Exhibit "B", attached hereto and by reference made a part hereof consisting of the Regency Small Shops at Fleming Island Shopping Center @ Eagle Harbor 1524 & 1526 County Road No. 220, Settlement Agreement#1 for The Mini Bar,III located at 1524 County Road 220,Suite 4. WHEREAS, CDD and Utility have further reviewed and agreed to the specific Water and Wastewater System plan review,design and construction requirements for this Phase of the Project and have identified the specific responsibilities of the parties with regard to such matters and have, in addition, identified the ERC's being developed at this time and the charges associated with this phase of the Project. NOW THEREFORE, for and in consideration of the premises, that the mutual undertakings and agreements herein contained and assumed,the CDD and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct and incorporated herein as though fully set forth. 2. Definitions-The definitions of the various terms utilized in this Supplemental Bulk Service Agreement are as set forth in Exhibit "C",which is attached hereto and by reference made a part hereof. Where the same terms are utilized in this Supplemental Bulk Service Agreement as are in the Master Agreement they shall have the same meaning as in the Master Bulk Service Agreement. RECEIVED FEB .0 8 '2022 -2 - 3. ERC Calculations-CDD acknowledges that the Regency Small Shops at Fleming Island @ Eagle Harbor at 1524& 1526 County Road No.220, Settlement Agreement#1 for The Mini Bar,III with the respective flows and ERCs,are estimated to be 2.067 potable water ERCs,2.067 wastewater ERCs,and N/A reclaimed water ERCs. 4. Charges-The Utility's charges associated with this phase of the development are as follows: (a) Water and Wastewater Connection Reservation Prepaid ($2,000,000.00) Portion allocated to prior Supplemental Agreements to date 2,000,000.00 Balance Prepaid N/A Portion applicable to the above-referenced Development: Potable Water ERCs- 2.067 @ 360.00= 744.12 Alternative Water Supply Surcharge 2.067 @ 365.74= 755.98 SJWMD Black Creek Water Resource Connection Charge 2.067 @ 100.25 = 207.22 Wastewater ERCs- 2.067 @ 3,200.00= 6,614.40 Debt Service Charge- 2.067 @ 167.00= 345.19 (b) Customer Connection Charge(Tap-in) Water N/A Customer Connection Charge (Tap-in)Wastewater N/A Customer Connection Charge (Tap-in)Reclaimed Water N/A to (c) Main Extension Charge- Water N/A Main Extension Charge- Wastewater N/A (d) Fire Protection Capacity Charge N/A (e) Meter Installation Charge N/A Reclaimed Meter Installation Charge N/A (f) Plan Review Charge 38.50 (g) Inspection Charge 38.50 (h) Recording Fee 52.50 (i) Administrative Service Charge 100.00 Total: $ 8,896.41 * * - See paragraph 17 for explanation of charges. Note: Items (f)and (g) are estimates and are subject to adjustment based on actual costs incurred. 5. Payment-Payment of the charges set forth in this Agreement shall be made at the time of execution and delivery of this Agreement to Utility. 6. Construction Plans - The construction associated with these developments shall be in accordance with the approved construction plans for this project. - 3 - 7. Inspection and Final Acceptance - CDD shall schedule a pre-construction conference at a time acceptable to Utility to coordinate the timing of construction and inspection activities during construction. CDD or its contractors shall advise Utility daily as to when they will be doing construction activities on the job. Copies of all permits to extend CDD's water distribution system and wastewater collection system shall be provided to Utility in advance of commencement of construction. At least 24 hours notice must be given to Utility before scheduling any pressure test of the pressure water and wastewater systems and T.V.tests and others tests of the gravity sewer systems,including final inspection for acceptance. All tests results must be satisfactory to Utility. All work shall be done in accordance with the approved plans and specifications. Copies of all bacteriological clearances and engineers final certifications shall be provided to Utility before the system will be released to place it in service. In addition, a complete set of signed and sealed as-built drawings. 8. Master Bulk Service Agreement Binding. The CDD and Utility agree that the provisions of the Master Bulk Service Agreement shall remain in full force and effect and shall apply to the development of this Phase of the Project. This Supplemental Bulk Service Agreement is not intended to change the meaning of the Master Bulk Service Agreement in any way or delete any of the provisions of the Master Bulk Service Agreement, but is merely intended to more specifically identify the work required and the payment provisions for same as they pertain to this Phase of the Project. 9. Binding Effect of Agreement. This Agreement shall be binding upon and shall inure to the benefit of the CDD,Utility and their respective assigns and successors by merger,consolidation,conveyance or otherwise. Any assignment or transfer by CDD shall be subject to Utility approval which shall not be unreasonably withheld provided the assignee or transferees shall acknowledge in writing that it assumes the duties and responsibilities of CDD as set forth in this Agreement. to 10. Notice. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to CDD, shall be mailed or delivered to CDD at: The Crossings at Fleming Island CDD c/o Steve Andersen 2105 Harbor Lake Drive Fleming Island, Florida 32003 and if to the Utility Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 - 4 - 11. Laws of Florida. This Agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable. 12. Costs and Attorney's Fees. In the event the Utility or CDD is required to enforce this Agreement by Court proceedings, by instituting suit or otherwise, then venue shall lie in Clay County, Florida,and the prevailing party shall be entitled to recover from the other party all costs incurred,including reasonable attorney's fees. 13. Force Majeure. In the event that the performance of this Agreement by any party is prevented or interrupted in consequence of any cause beyond the control of such party, including but not limited to Act of God or of the public enemy,war,national emergency, allocation or of other governmental restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities, governmental vile, 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. 14. Indemnification. CDD agrees to indemnify and hold Clay County and the Utility harmless from and against any and all liabilities,claims,damages,costs and expenses(including reasonable attorney's fees) to which it may become subject by reason or arising out of CDD's performance of this Agreement. This indemnification provision shall survive the actual connection to Utility's wastewater and water distribution system. to MISCELLANEOUS PROVISIONS 15. It shall be CDD responsibility or Developer's customers'responsibility,utilizing the project's potable water,reclaimed water, and wastewater service within CDD 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. 16. This Agreement is for water and wastewater service only,and all references to reclaimed water service in this standard Agreement shall not apply. Reclaimed water service for the project is included in a separate CDD agreement between Eagle Harbor Investors, LLC and The Crossings at Fleming Island Community Development District. 17. This Agreement is for the purpose of assessing the connection charges associated with the new tenant of the Regency Small Shops at Fleming Island Shopping Center @ Eagle Harbor at 1524& 1526 County Road No. 220, and is considered Settlement Agreement #1, to the Eightieth Supplemental Bulk Service Agreement KUO 1/02-16,dated January 3,2002,which covered the connection charges for the retail buildings, based on a fixture unit count. All of the conditions of the Eightieth Supplemental Bulk Service Agreement KU01/02-16 shall remain in full force and effect, except as modified herein. - 5 - 18. This Agreement does not include any other developments(future buildings)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. 19. In accordance with Utility's Water Conservation Policy on file with the St. Johns River Water Management District,Utility is not allowed to let Developers use master meters to meter more than one tenant or separate business. At any time during the course of Utility providing service to this development,after the effective date of this Policy,October 1,2005,Developer agrees that Utility shall have the right to inspect and audit the number of businesses per meter. When this inspection occurs, if no violation of this policy is found,there will be no charge for the inspection. However,for each violation that is found a charge of$500.00 will be assessed to recover the cost of this surveillance program. In addition, the Developer/Owner will be given ninety (90) days to correct the metering problem. Failure to comply with this notice within the time allowed will be cause to discontinue service to this development. 20. This Agreement will need to be executed by CDD,and the charges paid(shown on page 2 of agreement),prior to October 1,2022, or this Agreement will be subject to any Service Availability charge increases approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,2022;and this Agreement is subject to any material cost increases which Utility may experience after October 1,2022. [Signatures begin on next page] to - 6 - - IN WITNESS WHEREOF,the CDD and Utility have executed or have caused this Agreement,with the named Exhibits attached,to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: CDD: THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, Florida Statutes, Community Development District, _ by its Board of Supervisors- Witness: / , By: O v7V(—____ Print Name: . .,�,� (ed� abor, Chairman Witness: 16l ri1, f iP� Print Named i I) IP ;i)i I IL/., STATE OF FLORIDA COUNTY OF CLAY to The foregoing instrument was acknowledged before me by means of❑physical presence or❑online notarization this J/J day of , Z t' , 2021, by JOHN TABOR, CHAIRMAN, BOARD OF SUPERVISORS OF THE.CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, on its.behalf and with its authority, and who is personally known to me of-who-hag produs®4 , as identification. * .,i`l. Printed Name I Pz/ C, ,�l f c/ Notary Public 6 State of Florida at Large My Commission Expires: f 0—/4'AA ,�4.o.. MARY E.MALLOY ?° �a nx Notary Public-State of Florida `-'a' lZ it Commission=GG 266865 .�.toF.... My Comm.Expires Oct 14,2022 Bonded through Natiora;Notary Assn.. - 7- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY �`- Witnes • - By: Print Name: 1 a ( S. em if&hnsto P.E., M.B.A. _.. _.. ._ .._ . _. ecut .. -c RWitness• . V1''• ' Print Name: Summer P. Berndt (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or❑online notarization this 1 day of February , by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally knnwn tom r who has produced to , as identification. ram, state a , Print ame: Summer P. Berndt ekkt: S"m'"eu P E Berndt Notary Public ►a xp CiresOomm/f/28/2024 26/2 958. State of Florida at Large E24087 My Commission Expires: b,fae)a14 REGENCY SMALL SHOPS AT FLEMING ISLAND SHOPPING CENTER @ EAGLE HARBOR 1524 & 1526 COUNTY ROAD NO.220 SETTLEMENT AGREEMENT #1 EXHIBIT "A" See Exhibit "A", pages 1 through 39 of the "Master Bulk Service Agreement", dated October 26, 1993, for the legal description of the Property. • J REGENCY SMALL SHOPS AT FLEMING ISLAND SHOPPING CENTER @ EAGLE HARBOR 1524 & 1526 COUNTY ROAD NO. 220 SETTLEMENT AGREEMENT #1 EXHIBIT "B" PARCEL "A-2": A PORTION OF SECTION 33,TOWNSHIP 4 SOUTH,RANGE 26 EAST,CLAY COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE ON THE WEST LINE OF SAID SECTION NORTH 00 DEGREES 26 MINU 1'LS 27 SECONDS WEST 50.00 FEET TO THE FORMER NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. C-220(A 100 FOOT WIDE RIGHT-OF-WAY AS FORMERLY ESTABLISHED); THENCE ON LAST SAID LINE NORTH 89 DEGREES 36 MINUTES 48 SECONDS EAST 73.33 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 55 SECONDS WEST 464.12 FEET; THENCE NORTHERLY ON THE ARC OF A CURVE CONCAVE TO THE EASTERLY AND HAVING A RADIUS OF 425.00 FEET, RUN A CHORD DISTANCE OF 155.58 FEET, THE BEARING OF SAID CHORD BEING NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST; THENCE NORTH 20 DEGREES 41 MINUTES 43 SECONDS EAST 262.81 FEET;THENCE EASTERLY ON THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 1675.00 FEET, RUN A CHORD DISTANCE OF 549.07 FEET TO THE POINT OF BEGINNING, THE BEARING OF SAID CHORD BEING SOUTH 85 DEGREES 38 MINUTES 08 SECONDS EAST; THENCE SOUTH 00 DEGREES 23 MINUTES 12 SECONDS EAST to 548.35 FEET; THENCE SOUTH 87 DEGREES 20 MINUTES 47 SECONDS EAST 347.44 THENCE NORTH 00 DEGREES 23 MINUTES 12 SECONDS WEST 307.73 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 48 SECONDS EAST 39.40 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 12 SECONDS WEST 337.23 FEET; THENCE WESTERLY ON THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 1675.00 FEET, RUN A CHORD DISTANCE OF 394.18 FEET TO THE POINT OF BEGINNING, THE BEARING OF SAID CHORD BEING 78 DEGREES 10 MINUIES 23 SECONDS WEST. LESS AND EXCEPT THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 2006, PAGE 2092, OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA. EXHIBIT "C" Definitions The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) CDD's Customers- All retail or wholesale water and wastewater customers located within the CDD Property and receiving service from water and wastewater systems owned by the CDD. (b) CDD's Consumer Installation - All facilities ordinarily on the customer's side of the CDD's point of delivery to its customers within the property. (c) Contributions-in-aid-of-Construction - The sum of money and/or the value of property represented by the cost of the wastewater collection system and water distribution system (including treatment plants and trunk mains)constructed or to be constructed which a Developer,Owner,or CDD transfers,or agrees to transfer, to Utility at no cost to the Utility to provide utility service to specified property. (d) Equivalent Residential Connection(ERC)- A factor expressed in gallons per day(gpd)which is used to convert a given average daily flow(adf)to the equivalent number of residential connections the amount of which is set forth in Utility's Rate Resolution. At the time of execution of this Agreement, these quantities were defined as 450 gpd per water ERC and 311 gpd per Wastewater ERC. In no event, shall any one single family residence be considered less than one ERC. (e) Utility's Point of Delivery- The point where the pipes of Utility are connected with the pipes of the CDD. Utility shall, according to the terms and conditions hereof, own all pipes and appurtenances to the to point of delivery unless otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong to the CDD unless such pipes are transition mains constructed by the Utility within the bounds of the CDD for its own use. (f) Water Service - The act of pumping, treating and delivering potable water to a pipeline transmission system in order to deliver potable water to consumers legally connected to such systems in accordance with the rules and regulations of the Utility and of the various regulatory agencies having jurisdiction. This includes providing fire protection to the property which meets the current requirements of the Clay County Ordinances regulating fire protection to new developments in Clay County. (g) Wastewater Service - The act of collecting, transmitting, treating and disposing of domestic wastewater from consumers legally connected to a pipeline collection system and treatment facilities which are operated for such purpose in accordance with the rules and regulation of the Utility and other various regulatory agencies having jurisdiction. (h) Re-use Service - That process of acquiring re-use wastewater from the Utility at the Fleming Island Regional Wastewater Reclamation Facility, providing piping, storage and delivery of acceptable re-use wastewater to the CDD's storage facility and providing pumping and piping systems to deliver the re-use flow to the Golf Course, Commercial, Public, and Residential Irrigation Customers within the Property, including all permitting and administration associated therewith. (i) Service - The readiness and ability on the part of Utility to furnish and maintain water and wastewater service to the Utility's point of delivery pursuant to the rules and regulations of applicable regulatory agencies. e Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 REGENCY SMALL SHOPS AT FLEMING ISLAND SHOPPING CENTER @ EAGLE HARBOR 1524& 1526 COUNTY ROAD 220 Parcel No. 33-04-26-021262-006-04 (Kingsley System) Clay County Name of Project DEVELOPER AGREEMENT THIS DEVE PER AGREEMENT("Agreement"), made and entered into this 31 S'' day of k N , ,REGENCY CENTERS,L.P.,a Delaware limited partnership,hereinafter referred to as "Develop ' and THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190,F.S.,Community Development District, 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 water,pumping,treatment and distribution service and/or central wastewater collection,treatment and disposal service for the Property; WHEREAS,the Utility is willing to provide,in accordance with the provisions of this Agreement,central water and wastewater service to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive adequate water and wastewater service from the Utility; and to WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the Developer's 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 specified Property. (c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day(GPD) which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For this purpose the average daily flow of one potable water ERC is(450)GPD and one wastewater ERC is(311)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 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. RECEIVED FEB 0 8 2012 • -2- (e) "Service"-The readiness and ability on the part of Utility to furnish and maintain 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 he 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 and water distribution systems, where applicable, and further to induce Utility to provide 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: ($360.00 x 2.067 ERCs) $ 744.12 * Alternative Water Supply Surcharge: ($365.74 x 2.067 ERCs) $ 755.98 * SJWMD Black Creek Water Resource Connection Charge ($100.25 x 2.067 ERCs) $ 207.22 * Wastewater Capacity Charge: ($3,200.00 x 2.067 ERCs) $ 6,614.40 * Debt Service Charge: to ($167.00 x 2.067 ERCs) $ 345.19 * (b) Customer Connection Charge(Tap-in)-Water $ N/A Customer Connection Charge(Tap-in)-Wastewater $ N/A (c) Meter Installation Charge $ N/A ** (d) Plan Review Charge $ 38.50 (e) Inspection Charge $ 38.50 (f) Recording Fee $ 52.50 (g) Administrative Service Charge $ 100.00 Total $ 8,896.41 * - Includes 2.597 ERCs for water and wastewater for suite 4,for a restaurant having 49 seats based on Utility's Rate Resolution.Less the 0.53 water and wastewater ERCS paid in the original Developer Agreement dated December 18, 2001. ** - Developer to utilize the existing 3/4-inch meter, for suite 4. Note: Items(d)and(e) are estimates and are subject to adjustment based on actual costs incurred. 5. 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. %.Sertox Av.Uabatry,OneYrer Ayamest Mr*F.aebntlarrAFrtemcnnl7W Si Shwa@!knew Faas MGR1f21 Carry Road 320.Soma,Moot Dv tll/o. -3 - 6. Notice-Until further written notice by either party to the other,all notices provided for herein shall be in writing and transmitted by messenger, by mail or by electronic mail (email), and if to Developer, shall be mailed or delivered to Developer at: Regency Centers Corporation Attn: Patrick J. McKinley One Independent Drive, Suite 114 Jacksonville, FL 32202-5019 and if to the Utility at: The Crossings at Fleming Island Community Development District c/o Mr. Steve Anderson 2105 Harbor Lake Drive Fleming Island,Florida 32003 or such other address as specified in writing by either party to the other. 7. Developer shall maintain the existing reduced pressure backflow prevention device which is located immediately downstream of Utility's one(1) 3/4-inch potable water and such installations shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the completion of the installation of said device,Developer shall provide to Utility for its permanent records the Make, Model,Size and Serial Number of said device. Furthermore,this device must be tested and recertified by a certified backflow prevention technician,annually or such other period as may be required by Utility. Proof of the annual to testing and recertifications must be submitted to Utility for its records. These installations and annual recertifications shall be the responsibility of the Developer or its successors and assigns. 8. The Utility shall own and maintain all facilities upstream of the downstream side of the potable water meter, and all facilities downstream of the downstream side of the potable water meter shall be owned and maintained by Developer.Utility shall have access to the water meter for meter reading and maintenance purposes. 9. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens)for each floor drain in the facilities, in accordance with Utility's requirements for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors,and such interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors.Developer shall maintain records of maintenance and cleaning. Those records shall be made available to the Utility upon request. 10. Where food preparation facilities or other facilities that are subject to discharge greases into the wastewater collection system are part of the development of the property,or where floor drains are connected to the wastewater collection system,Developer shall install or have installed a grease/sand interceptors for each building, meeting the requirements of the Clay County Department of Health & Rehabilitative Services and the Florida Building Code,which shall be designed and constructed in accordance with Utility's specifications for same. Such installation shall be provided by a Florida Licensed Plumbing Contractor. The grease/sand interceptor shall be designed for the facilities connected to same,however,in no event shall be the capacity be less than 1,000 gallons. Developer shall also be responsible for the continued maintenance and cleaning of said grease/sand interceptor facility, and such facility shall be subject to periodic unannounced inspections by Utility. In addition, all floor drains shall be connected to the grease/sand interceptor. 11. Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain storm water, shall not connect to Utility's wastewater system. C.CSwow Ava7filyDaWpr Apwatva Moor FdeDesobpr Apoeuuul7e.sib Mown@ Mau,.honslaGRMA C yRoan".SuUe..AYei Bo Ma. -4- 12. Connection charges for this project were based on the number of seats for the Mini Bar, III, in accordance with Clay County Utility Authority's current Rate Resolution. A supplemental Agreement will be prepared to assess any additional charges to either the tenant or the Property/project owner or Lessor,based on their mutual agreement on same,as the additional ERCs are determined for future tenants or Property/project owner or Lessor,which require greater water and wastewater flows. For each supplemental agreement prepared, a service charge of$100.00 will be assessed to prepare the agreement,in addition to the above stated connection charges. At a very minimum,Developer shall report to Utility fifteen(15)days prior to each space being occupied initially or in the future,so that the water and wastewater ERC impact can be determined. If the impact of such tenant is greater than that calculated herein,an additional supplemental agreement shall be prepared and the additional charges paid, prior to occupancy of such tenant. 13. All conditions of the original developer agreement entitled Regency Small Shops at Fleming Island Shopping Center @ Eagle Harbor 1524& 1526 County Road 220, dated December 18,2001 will remain in full effect unless modified herein. 14. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2,of Agreement),prior to October 1,2022,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, 2022. [Signatures begin on next page] to :utrvio•Magabsii)1Devckeer Ma.idwReep.n aan.s»moevmi H�w•r.netw2nzi emery Read lm.sin.4444.e.tam. -5 - 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: REGENCY CENTERS, L.P. a Delaware limited partnership, By:REGENCY CENTERS CORPORATION, a Florida corporation, its general partner • Witness: By: Seal Print Name: (. 2 P; k T cKinley,Vice President • Witn s: f " Print Name: )0 STATE OF COUNTY OF ?0,12// ,1� to The foregoing instrument was acknowledged before me by means of px physical presence or 0 online notarization,this ,Z day of ern. , 2021, by PATRICK J. MCKINLEY, as VICE PRESIDENT of REGENCY ENTERS CORPORATION,a Florida corporation,GENERAL PARTNER of REGKN,CY CENTERS,L.P., a Delaware limited partnership, who is personally known to me or has produced l ,as identification. Print Name:-upeild,'A- Notary Public State of ! at Large My Commission Expires: WENDI HILL �''''• commission#GG240466 Expires November 20,2022 " oFF��� B9ndedTMuBudpelNowYse^do°s XiSegviee As-Q*4470.�bpe ASa.araea Alrr Fi avAlopr ApearulIDa Sib Shwa Q Rudy,Fa®al,G1t152I Grow,Road I"Se&4-Wri B.r llldoa r : WITNESSES: -6 - UTILITY: THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, Florida Statutes, Community Development District, by its Board of S ervisors Witness: / � By: / 9 (Seal) Print Name: c. i� 0M�i�s(Cop=_ o Tabor, CDD Chairman Witness: ke l ri1• h► � t .,, Print Name, ..0 Ia i iQ � STATE OF FLORIDA COUNTY OF CLAY The foregoinnstrument� was acknowledged before me by means of© physical presence or 0 online notarization this J/ day of O"�1t/ , 2021, by JOHN TABOR, CHAIRMAN, BOARD OF SUPERVISORS OF THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT to DISTRICT,on its behalf and with its authority,who is personally known to me ,as identification. Printed 1Na Notary Public, State of — at Large My Commission Expires: ,._/!./_A a, :ot►nr PN L MARY E.MALLOY 1 `� Notary Public-State of Florida .. $' . Commission N GG 266865 ' My Comm.Expires Oct 14,2022 I/ Bonded through National Notary Assn.0 .._.S4m.<ua,tilatylln d..p.-r Agreter“—,w ilk Des clenA[rteme-_nlibe Sim SL.T<.11'lt'-T<y FenesIAGR.1.521 Coolly 11d 77)..SO..-Min IdatIllokc r . REGENCY SMALL SHOPS AT FLEMING ISLAND SHOPPING CENTER @ EAGLE HARBOR 1524& 1526 COUNTY ROAD 220 EXHIBIT "A" PARCEL"A-2": A PORTION OF SECTION 33,TOWNSHIP 4 SOUTH,RANGE 26 EAST,CLAY COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE ON THE WEST LINE OF SAID SECTION NORTH 00 DEGREES 26 MINUTES 27 SECONDS WEST 50.00 FEET TO THE FORMER NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO.C-220(A 100 FOOT WIDE RIGHT-OF-WAY AS FORMERLY ESTABLISHED); THENCE ON LAST SAID LINE NORTH 89 DEGREES 36 MINUTES 48 SECONDS EAST 73.33 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 55 SECONDS WEST 464.12 FEET;THENCE NORTHERLY ON THE ARC OF A CURVE CONCAVE TO THE EASTERLY AND HAVING A RADIUS OF 425.00 FEET, RUN A CHORD DISTANCE OF 155.58 FEET, THE BEARING OF SAID CHORD BEING NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST; THENCE NORTH 20 DEGREES 41 MINUTES 43 SECONDS EAST 262.81 FEET;THENCE EASTERLY ON THE ARC OF A CURVE CONCAVE TO THE NORTHERLY to AND HAVING A RADIUS OF 1675.00 FEET,RUN A CHORD DISTANCE OF 549.07 FEET TO THE POINT OF BEGINNING, THE BEARING OF SAID CHORD BEING SOUTH 85 DEGREES 38 MINUTES 08 SECONDS EAST;THENCE SOUTH 00 DEGREES 23 MINUTES 12 SECONDS EAST 548.35 FEET; THENCE SOUTH 87 DEGREES 20 MINUTES 47 SECONDS EAST 347.44 THENCE NORTH 00 DEGREES 23 MINUTES 12 SECONDS WEST 307.73 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 48 SECONDS EAST 39.40 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 12 SECONDS WEST 337.23 FEET; THENCE WESTERLY ON THE ARC OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 1675.00 FEET, RUN A CHORD DISTANCE OF 394.18 FEET TO THE POINT OF BEGINNING, THE BEARING OF SAID CHORD BEING 78 DEGREES 10 MINUTES 23 SECONDS WEST. LESS AND EXCEPT THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 2006,PAGE 2092, OF THE PUBLIC RECORDS OF CLAY COUNTY,FLORIDA. ��N. W %�'\,r 180 — • s �� 12"fMoil a"GM�EH1-2 •a° upponionoillikdlO fl YYY 2° ? t-�g-1 EAU'„HARBOR PK u. Alp: t 1 ek -16-1 'I'� i4.) a"��' ,r�`� 1 Con i•- 2' • o 4" .... —^�` �H1-1e1 101‘W 0. M H . 7a w w 8"GMonEH1 16-1 - g 7 1,1. 1 1 b • to 1524 County Road 220, ` 1490 Suite 4 111 Le E)o 8"WM on EH1-16-1 �� 8"GM on EH 0,1 0 3 0 0 2 us r cP 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. I I ��N1 COViv Title: c, �_ L Clay County Utility Authority CCUA Web Map 3176 Old Jennings RoadABE Info: Middleburg, Florida 32068-3907 — Water Features Prepared by CCUAGIS Portal G 6 Phone 904 272-5999 Gravity Sewer Features I� �t 2I10/inch 1 10 0 f e - Forced Sewer Features 0 Conservation.Commitment.Community �TYgUTHO 1 = 100 feet - Reclaimed Features