HomeMy WebLinkAboutDA KH21.22-11 - Keystone Heights RV Park - Additional 512 Lots Return to: 111 12 1/22_11
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
KEYSTONE HEIGHTS RV PARK—
ADDITIONAL—512 RV LOTS
Parcel Nos. 05410-0-00101 &05662-0-00100 1177 SE KEYSTONE AVENUE
Bradford County (Keystone Heights System)
Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
/' THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this
V day of Jct dl r ,2022,by and between TOM'S HIGH ON THE HOG REAL PIT BBQ,INC.,a
Florida corporation,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 Bradford County,Florida,and described in Exhibit
"A", attached hereto and incorporated herein by reference(hereinafter"Property"); and
WHEREAS, this Agreement is for the purpose of modifying Developer Agreement KH2O/21-1, dated
October 19,2020,and recorded in Official Records Book 1870,page 412, for the purpose of assessing additional
capacity charges for the additional 512 RV lots, which exceeds those capacity charges paid for in the previous
Agreement.
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:
a1. The foregoing statements are true and correct.
to I
c 2. Connection Charges-In addition to the contribution of any wastewater collections systems and water
Edistribution 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
IY (including Service Availability Policy),upon execution of this Agreement in order to reserve capacity in the System:
(a) Water Capacity Charge:
($360.00 x 101 ERCs) $ 36,360.00 *
Alternative Water Supply Surcharge:
($365.74 x 101 ERCs) $ 36,939.74 *
Wastewater Capacity Charge:
($3,200.00 x 101 ERCs) $ 323,200.00 *
Environmental Impact Charge:
($410.00 x 101 ERCs) $ 41,410.00 *
Debt Service Charge:
($167.00 x 101 ERCs) $ 16,867.00 *
SJWMD Black Creek Water Resource Connection Charge
($100.25 x 101 ERCs) $ 10,125.25 *
(b) Customer Connection Charge ap-in -Water N/A
Customer Connection Charge(Tap-in)-Wastewater $ N/A
c
d Pl Man Reter Instevieallw Chationargeg e Char N/A **
$
$ 38.50
e Inspection Charge $ 38.50
0 Recording Fee 57.00
Total $ 465,035.99
* - Includes 101 ERCs for water and wastewater based on 512 RV lots,all in accordance with Utility's
Rate Resolution.
** - Developer to utilize the existing 2-inch meter.
-2-
3. BindingEffect of Agreement-This Agreement shall be bindingupon and shall inure to the
� g P
benefit of Developer, Utilityand their respective
p p assigns and successors by merger, consolidation,
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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.
4. 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 Developer,shall be
mailed or delivered to Developer at:
Mr. Vincent Esson
Tom's High on the Hog Real Pit BBQ, Inc.
500 International Parkway
Lake Mary, Florida 32746
and if to the Utility at:
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
or such other address as specified in writing by either party to the other.
5. Developer shall maintain the existing reduced pressure backflow prevention devices which
are located immediately downstream of Utility's one(1)2-inch potable water and such installations shall be
in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and
to Utility. Upon the completion of the installations of said devices,Developer shall provide to Utility for its
permanent records the Make, Model, Size and Serial Number of said device. Furthermore, these devices
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 testing and recertification 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.
6. Connection charges for this project were based on the number of RV lots,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.
7. All of the conditions of Developer Agreement KH2O/21-1, dated October 19, 2020, and
recorded in Official Records Book 1870,page 412,shall remain in full force and effect,except as modified
herein.
8. 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.
-3-
IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Agreement,
with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
DEVELOPER:
TOM'S HIGH ON THE HOG
REAL PIT BBQ, C.,
a Florid corpor tion
Witness: By:
Print Na Joa-nyl GY>t f Vincent Esson, Chie xe leer
Witness: b-- (Corporate Seal)
Print Name: •
STATE OF o2?1e/t
COUNTY OFF..__ r,
The foregoing instrument was acknowledged before me by means of�'physical presence or C online
notarization this (off"day of J1,44.tP ,2022,by VINCENT ESSON,as CHIEF EXECUTIVE
OFFICER of TOM'S HIGH ON THE HOG REAL PIT BBQ, INC., a Florida corporation, who is
to personally known to or who has produced a
identification.
02-4-4-6L-4 4t4JC(L P ' d Name 4ryEnna ikvyiLL
Public, State of Florida at Large •
>t •'+� •"•,.• .� JOANNA MERRICK Commission Expires: OB/D
g`a Li
'? `f Notary Public.State of Florida
i.; `# Commission#HH 028623
•,�;r� My Comm.Expires Aug 8,2024
3or:ec through National Notary Assn.
xiS cry ice A. l yDccdccr ilcDoekper Agseamom.X,yswne Ileigh.'Keystme 1kiJ,.RV Pa,k.1177 SE Kqslone As.•oue.Phasadoc
,
-4-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
•
•Witness. .� ilk - By:
Print N. j1�Sa C7l1 S J em ohms n,P.E., M.B.A.
Ea ec tiv irecto
Witness: \ • it-me
Print Name: Summer P. Berndt (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of iphysical presence or❑online
notarization this (0 day of 1)4e. , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me or who
has produced
, as identification.
ibutioor-V.
Print Name: Summer P. Berndt
64. YPU P ES ete dFlorida
llotary Public
to a1
My commission GG e50e78.
��Commission
2024 State of Florida at Large
My Commission Expires: O1/a6/04
•
X:\Service Availability\Developer Agreement blaster File\Developer Agreements\Keystone Ileights\Keystone Ileights RV Park1177 SE Keystone Avenue.Phase3.doc
KEYSTONE HEIGHTS RV PARK-
ADDITIONAL-512 RV LOTS
1177 SE KEYSTONE AVENUE
Parcel Nos. 05410-0-00101 & 05662-0-00100
Bradford County
EXHIBIT "A"
A PARCEL OF LAND BEING SITUATED IN SECTIONS 11 & 14,TOWNSHIP 8 SOUTH,RANGE 22 EAST,
BRADFORD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 14; THENCE SOUTH 1°27'33"EAST ALONG
THE EAST LINE OF SAID SECTION 14,A DISTANCE OF 1488.11 FEET TO THE NORTHEAST CORNER OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1329, PAGE 365 OF THE PUBLIC RECORDS OF
BRADFORD COUNTY,FLORIDA;THENCE ALONG THE NORTH BOUNDARY OF SAID LANDS FOR THE
FOLLOWING THREE(3)COURSES:(1)SOUTH 88°03'07"WEST,A DISTANCE OF 344.06 FEET;(2)THENCE
NORTH 3°19'12"WEST,A DISTANCE OF 262.66 FEET;(3)THENCE SOUTH 88°28'59"WEST,A DISTANCE
OF 1727.56 FEET;THENCE DEPARTING SAID NORTH BOUNDARY NORTH 7°47'30"EAST,A DISTANCE
OF 956.22 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS
OF 698.87 FEET,AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 35°55'27"
EAST, 190.07 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°37'51", AN ARC DISTANCE OF 190.66 FEET TO THE POINT OF TANGENCY;
THENCE NORTH 28°06'32" EAST, A DISTANCE OF 76.65 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 75.00 FEET,AND BEING SUBTENDED BY
A CHORD BEARING AND DISTANCE OF NORTH 56°26'55" EAST, 71.20 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 56°40'46",AN
ARC DISTANCE OF 74.19 FEET TO THE POINT OF TANGENCY; THENCE NORTH 84°47'18" EAST, A
tO DISTANCE OF 214.72 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY,HAVING A
RADIUS OF 246.66 FEET,AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH
72°26'09"EAST,252.02 FEET;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,THROUGH
A CENTRAL ANGLE OF 61°26'38", AN ARC DISTANCE OF 264.52 FEET TO THE POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 190.00 FEET, AND
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 72°01'00"EAST,191.74 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
60°36'19",AN ARC DISTANCE OF 200.97 FEET TO THE POINT OF TANGENCY;THENCE SOUTH 77°40'51"
EAST,A DISTANCE OF 237.91 FEET;THENCE NORTH 12°41'12"EAST,A DISTANCE OF 61.55 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 115.00
FEET,AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 43°01 '48" EAST,
116.19 FEET;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL
ANGLE OF 60°41'12", AN ARC DISTANCE OF 121.81 FEET TO THE POINT OF TANGENCY; THENCE
NORTH 73°22'24" EAST, A DISTANCE OF 164.39 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 617.15 FEET, AND BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE OF NORTH 57°30'56"EAST,370.69 FEET;THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 34°57'14",AN ARC DISTANCE OF
376.50 FEET TO AN INTERSECTION WITH THE SOUTHWEST RIGHT OF WAY LINE OF STATE ROAD
NO.100(A100-FOOT WIDE RIGHT OF WAY),SAID INTERSECTION BEING THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2914.79 FEET, AND BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 40°06'29"EAST,430.20 FEET;THENCE
SOUTHEASTERLY ALONG SAID SOUTHWEST RIGHT OF WAY LINE AND ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 8°27'51" AN ARC DISTANCE OF 430.59 FEET TO AN
INTERSECTION WITH THE EAST LINE OF SECTION 11,TOWNSHIP 8 SOUTH,RANGE 22 EAST,AND TO
THE END OF SAID CURVE; THENCE DEPARTING SAID SOUTHWEST RIGHT OF WAY LINE, SOUTH
1°32'4311 EAST ALONG SAID EAST LINE OF SECTION 11,A DISTANCE OF 91.53 FEET TO THE POINT OF
BEGINNING.
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