HomeMy WebLinkAboutDA KU21.22-97 - Parcel E - O'Connor Development - 1824 Town Center Blvd Unit 104 KU21/22-97
TWO HUNDRED FORTIETH SUPPLEMENTAL BULK SERVICE AGREEMENT
(Kingsley System)
THIS TWO HUNDRED FORTIETH SUPPLEMENTAL BULK SERVICE
AGREEMENT("Agreement"),made and entered into this day of )9000Si
2022, by and between THE CROSSINGS AT FLEMING ISLAND COMMUNITY
DEVELOPMENT DISTRICT, a Chapter 190, F.S., Community Development District, whose
address is 2105 Harbor Lake Drive, Orange Park, Florida 32003, 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,Utility is the owner and operator of certain water,wastewater and effluent reuse
facilities in Clay County;
WHEREAS,CDD intends to provide water,wastewater and reclaimed water 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");
c WHEREAS, CDD and Utility have executed a Master Bulk Service Agreement dated
CD
October 26, 1993, for the purpose of setting forth the terms,provisions,and responsibilities of the
parties as they pertain to providing(1)Water and Wastewater Systems; (2)Water and Wastewater
Service availability; (3) reserving capacity in Utility's water and wastewater systems; and (4)
establishing initial water and wastewater bulk rate service rates for the Property; and
as
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 Parcel "E"—
O'Connor Development- Office and Retail Space located at 1824 Town Center Blvd., Unit 104
Settlement Agreement#.1—Mai Nails.
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.
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3. ERC Calculations - CDD acknowledges that the Parcel "E"— 0' Connor
Development-Office and Retail Space located at 1824 Town Center Blvd., Unit 104—Mai Nails,
with the respective flows and ERCs,which are currently under construction,are estimated to be 3.00
potable water ERCs, 3.00 wastewater ERCs, and N/A reclaimed water ERCs.
4. Charges - The Utility's charges and fees associated with this phase of the
development are as follows:
(a) Water and Wastewater Capacity 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- 3.00 @ 360.00= 1,080.00 *
Alternative Water Supply Surcharge- 3.00 @ 365.74= 1,097.22 *
Black Creek Water Resource Charge 3.00 @ 100.25 = 300.75 *
Wastewater ERCs- 3.00 @ 3,200.00= 9,600.00 *
Debt Service Charge- 3.00 @ 167.00 = 501.00 *
(b) Potable Meter Installation Charge N/A **
(c) Reclaimed Meter Installation Charge N/A **
(d) Plan Review Fee 38.50
(e) Inspection Fee 38.50
(t) Recording Fee 52.50
to (g) Administrative Service Charge 100.00
Total: $ 12.808.47
*- Includes 3.00 ERCs for water and wastewater service for Mai Nails occupying unit 104,all
in accordance with Utility's Rate Resolution.A supplemental agreement will be required to
determine capacity charges for each retail space at the time of build out.
** - Meters paid for in original developer agreement.
Note: Items (d) and (e) 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. 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.
7. 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.
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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.
8. Notice-Until further written notice by either party to the other,all notices provided
for herein shall be in writing and transmitted by mail or electronic mail, and if to CDD, shall be
mailed or delivered to CDD at:
The Crossings at Fleming Island Community Development District
do Mr. Steve Anderson, District Manager
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
9. 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.
to 10. 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.
11. 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 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.
12. 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.
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MISCELLANEOUS PROVISIONS
13. 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.
14. 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 Towncenter Forum Office,LLC,and The
Crossings at Fleming Island Community Development District.
15. This Agreement is for the purpose of assessing the additional connection charges
associated with the new tenant, Mai Nails occupying 1824 Town Center Blvd., Unit 104 and is
considered Settlement Agreement #1, to the Two Hundred and Thirty-Sixth Supplemental Bulk
Service Agreement KU20/21-66, dated May 10, 2021. The conditions of the Two Hundred and
Thirty-Sixth Supplemental Bulk Service Agreement KU20/21-66 shall remain in full force and
effect,except as modified herein.
16. This Agreement does not include any other developments(future buildings)that are
to 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.
17. 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]
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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:
Print Nam • 1-�hl�P[�►MiII�AbA. o . Tabor, Chairman
Witness:
Print Name: CQ_I T
STATE OF FLORIDA
COUNTY OF CLAY
to The foregoing instrumen was acknowle ged before me by means of❑physical presence or
❑online notarization this day of , 2022, by JOHN TABOR, CHAIRMAN,
BOARD OF SUPERVISORS OF THE CROS GS AT FLEMING ISLAND COMMUNITY
DEVELOPMENT DISTRICT,on its behalf and with its authority,and who is personally known to
me or , as identification.
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Printed Na
Notary Public
State of Florida at Large
My Commission Expires: /6 - 14,-
o;�;R7've.•: MARY E.MALLOY
r• Notary Public-State of Florida
.�F�,J' Commission r GG 266$65
'•.?o*r,Lind
?.:` My Comm.Expires Oct 14,2022
Bonded through National Notary Assn.
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Last priokd 6/3E^.022 9:17A0 AM
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WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness: , � ` —� By: 8i
Print Name: , n.a . Gibbs -re \ I,. Jo ston, P.E., M.B.A.
Exeeutiv- 5 ector
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Witness: '!gad Oki: n•'1
Print Name: ummer '. (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or
0 online notarization this Ito day of JAWS- , 2022, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally
known to me.
ip rii• ,,i;
ia; i �
Notary Public State of Florida Print Name: Summer P. Bemdt
.e4 i Summer P E Berndt to � Exs0l24ews1e
Commission
- Notary
Public
State of Florida at Large
My Commission Expires: 01/a'lbraq
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PARCEL"E—O'CONNOR DEVELOPMENT
OFFICE& RETAIL SPACE
1824 TOWN CENTER BLVD.,UNIT 104
SETTLEMENT AGREEMENT# 1 —MAI NAILS
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.
to
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PARCEL "E"—O'CONNOR DEVELOPMENT
OFFICE & RETAIL SPACE
1824 TOWN CENTER BLVD.
Parcel Number: 05-05-26-014190-018-04
Official Records Book 3083, Pages 1553 through 1565, Clay County, Florida
EXHIBIT "B"
Parcel E, Towncenter Forum:
A Parcel of land situated in Section 5, Township 5 South, Range 26 East, Clay
County, Florida; said Parcel being more particularly described as follows:
Commence at the Northwest corner of said Section 5; Thence on the North tine
thereof run North 89 degrees 52 minutes 02 seconds East 1331,10 feet; Thence South
04 degrees 23 minutes 00 seconds West 52.04 feet to the Southerly right-of-way line of
County Road No. C-220; Thence on last said line run the following 2 courses: 1) North
89 degrees 55 minutes 39 seconds East 2711.03 feet; 2) North 89 degrees 36 minutes
48 seconds East 1325.47 feet to the West line of Towncenter Boulevard; Thence on
last said line run the following 6 courses: 1) South 00 degrees 23 minutes 54 seconds
East 331.01 feet; 2) South 04 degrees 22 minutes 15 seconds East 180.43 feet; 3)
South 00 degrees 23 minutes 54 seconds East 210.00 feet; 4) Southerly on the arc of a
to curve concave to the Westerly and having a radius of 737.50 feet, a chord distance of
274.51 feet, the bearing of said chord being South 10 degrees 19 minutes 39 seconds
West; 5) South 21 degrees 03 minutes 12 seconds West 793.30 feet; 6) Southerly on
the arc of a curve concave to the Easterly and having a radius of 1062.50 feet, a chord
distance of 215.86 feet to the Southeasterly projection of the Northeasterly boundary of
that certain Conservation Easement described as Parcel "E", in Official Records Book
1723, page 1355, of the Public Records of said County. the bearing of said chord being
South 15 degrees 13 minutes 23 Seconds West: Thence on last said Easterly
projection and then on said Northeasterly boundary North 64 degrees 29 minutes 53
seconds West 368.33 feet to the Point of Beginning; Thence continue on the
boundaries of said Conservation Easement the following 5 courses: 1) North 64
degrees 29 minutes 53 seconds West 67.51 feet; 2) North 77 degrees 49 minutes 35
seconds West 23.05 feet; 3) South 75 degrees 31 minutes 02 seconds West 23.05
feet; 4) South 62 degrees 11 minutes 20 seconds West 27.55 feet; 5) South 76
degrees 39 minutes 59 seconds West 24.88 feet; Thence North 21 degrees 03 minutes
12 seconds East 206.49 feet; Thence South 68 degrees 56 minutes 48 seconds East
147.50 feet; Thence South 21 degrees 03 minutes 12 seconds West 159.97 feet to the
Point of Beginning.
Parcel Two:
Together with easement rights established by that certain Operation and Easement
Agreement recorded March 3, 2006, in Official Records Book 2686, Page 1878, as
amended by that certain Amendment to Operation and Easement Agreement recorded
July 31, 2008, in Official Records Book 3039, Page 2135, all of the public records of
Clay County, Florida.
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EXHIBIT"C"
Definitions
The following definitions and references are given for the purpose of interpreting the teens 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 point of delivery unless otherwise agreed. The pipes and appurtenances inside the point
to 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.
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public .1.1
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 :i
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
( -
(--C1C017/A' Title:
\` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/�i Middleburg, Florida 32068 3907 Prepared by CCUAGIS Portal - Water Features
'a Phone(904)272-5999 ill■ Gravity Sewer Features
J� :t 8/17/2022,1:44:52 PM - Forced Sewer Features
Conservation.Commitment.Community
1TYAUTV% 1 inch = 100 feet - Reclaimed Features