HomeMy WebLinkAboutDA KH22.23-15 - Keystone Heights RV Resort Phase 4A KH22/23-15
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Clay County Utility Authority
3176 Old Jennings Road KEYSTONE HEIGHTS RV RESORT,
Middleburg,Florida 32068-3907
PHASE 4A —ADDITIONAL 150 RV LOTS
1177 SE KEYSTONE AVENUE
Parcel Nos. 05410-0-00101 & 05662-0-00100 (Keystone Heights System)
Bradford County Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this
1lf day of to , 2023,by and between KEYSTONE HEIGHTS RV RESORT, LLC, a Florida
limited liability com any, 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 of Bradford County, Florida, for the
purpose of assessing additional capacity charges for the additional 150 RV lots, which exceeds those capacity
charges paid for in the previous Agreement.
co 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:
a;
0 1. The foregoing statements are true and correct.
L 2. Connection Charges-In addition to the contribution of any wastewater collections 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 30 ERCs) - $ 10,800.00 *
Alternative Water Supply Surcharge:
($376.71 x 30 ERCs) $ 11,301.30 *
Wastewater Capacity Charge:
($3,200.00 x 30 ERCs) $ 96,000.00 *
Environmental Impact Charge:
($410.00 x 30 ERCs) $ 12,300.00 *
Debt Service Charge:
($149.00 x 30 ERCs) $ 4,470.00 *
SJWMD Black Creek Water Resource Connection Charge
($108.77 x 30 ERCs) $ 3,263.10 *
(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 $ 577.50
(e) Inspection Charge $ 308.00
(0 Recording Fee $ 57.00
Total $ 139,076.90 "
* - Includes 30 ERCs for water and wastewater based on 150 RV lots, all in accordance with Utility's
Rate Resolution.A separate agreement will be prepared for the additional proposed RV lots at time
of development for Phase 4A
** - Developer to utilize the existing 2-inch potable water meter. Route# KE06710300.
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AUG 0 1 2023 ID
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3. 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.
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
Keystone Heights RV Resort, LLC
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 device which is,
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
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 testing and recertification must be submitted to Utility for its
records. This installation and annual recertification shall be the responsibility of the Developer or its
successors and assigns.
6. Quality of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system and delivered to the lines of the Utility directly by Developer. The Developer shall be
required to install grease traps for all non-residential kitchen facilities and sand traps if floor drains are
connected to the Utility's sanitary wastewater transmission system. Such installation shall be in accordance
with the requirements of the Utility. Should any non-domestic wastes, grease or oils, including, but not
limited to, floor wax, paint, chlorides, or salt water or any substances and materials which contain any
hazardous,flammable,toxic and/or industrial constituents,be directly delivered by Developer to the lines,of
the Utility, Developer will be responsible for payment of the cost and expense required in correcting or
repairing any resulting damage to the system or property of third parties.
7. 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.
8. The charges shown in paragraph 4(a)through (h),of this Agreement, cover only the water
and wastewater service to 150 lots included in Phase 4A of the Keystone Heights RV Park in accordance
with the plans prepared by Gerald P. Goulish,P.E.,Project No.20-008.00 on Exhibit"B",attached hereto,
and by reference made a part hereof,and does not include any future developments(future additions or RV
lots, etc.) that are planned for this Property. A separate agreement will be prepared for any additional
requirements of each future development on the Property when such development is initiated.
X'\PRDJECTS\/ob Files\Current\2020-003C4 Keystone Heights RV Resnrl,Phase SA\C Des toper Agreement\Keystone Heights RV Park.1177 SE Keystone At cane Phase4a DRAFT dot
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9. All of the conditions of Developer Agreement KH2O/21-1, dated October 19, 2020, and
recorded in Official Records Book 1870,page 412,Bradford County,Florida shall remain in full force and
effect, except as modified herein.
10. This Agreement will need to be executed by Developer,and the charges paid(shown on page
2, of Agreement),prior to October 1, 2023, 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, 2023.
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:
KEYSTONE HEIGHTS RV RESORT, LLC
a Florida lin • ed liabilit • R. y
Witness: 0./.4 1\ By: L�Print Name: U11 ILO i ti incent Esson, Manager
to Witness: CYnitiLl �
Print Name: Erni I Wrse.
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STATE OF IOr bh
COUNTY OF 5e 't i k
The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online
notarization this It day of �U�`I , 2023, by VINCENT ESSON, as MANAGER of
KEYSTONE HEIGHTS RV RESORT,LLC., a Florida limited liability company, who is ersonally
known to me or who has produced �In4 i� f v'C.P�ww ,as identification:
'R6WnAr v,
gel PublicBRIELLEARABIN I Printed Name Il,inc,lt1 W . V.- oih
_?° � Notary Public•State of Florida
1 a Commission N HH 32E453 Notary Public, State of Florida at Large
'opc My Comm.Expires Nov 2,2026 I
I • Bonded through National Notary Assn. ( My Commission Expires:
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X\PROJECTSUob Files\Current\2020-003C4 Keystone Heights RV Resort,Phase 4A\C Descloper AgreemennKe)stone Heights RV Park.1177 SE Keystone Avenue Phasc4a DRAFT doe
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WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witness. - 1166 AI - •
By: 1
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Print N: 31140.M. 9,4141^,i.
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Witness: i .11liL,totill I.`E 0 '
Print Name: ummer - = -m' (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of❑x physical presence or❑online
notarization this ISt day of. August. , 2023, by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me pr who
has produced
, as identification.
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to UP Notary Public State of Florida Print Name: ummer '. -ern.
Suy mmer Commission GG 950878•P E Bemdt NotaryPublic
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0,„ Expires 01/26/2024 State of Florida at Large My Commission Expires: Ol f o ctgl
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X.V'ROJECTSUo1 EileACurrent\2020-003CJ Keystone Heights RV Resort,Chase JA\C Der eloper Agreentent\Keystone Heights RV Park 1177 SE Keystone Avenue Phase4a DRAFT doe
KEYSTONE HEIGHTS RV RESORT—
PHASE 4A—150 RV LOTS
1177 SE KEYSTONE AVENUE
Parcel Nos. 05410-0-00101 & 05662-0-00100
Bradford County
EXHIBIT "A"
A parcel of land lying in Section 11 & 14 of Township 8 South, Range 22 East, Bradford
County, Florida Said parcel being more particularly described as follows:
Commence at a Concrete Monument located at the SE corner of said Section 11 and run
North 01 degrees 35 minutes 36 seconds West, along the Easterly Boundary thereof 2728.06
feet to a Concrete Monument found at the NE corner of the SE 1/4 said corner located South
01 degrees 31 minutes 07 seconds East, & 2844.48 feet from the NE corner of said Section 11;
Thence South 88 degrees 08 minutes 49 seconds West, along the Northerly Boundary of the S
1/2 of said Section 11 a distance of 701.03 feet to a Concrete Monument found on the
Westerly boundary of the Right of Way of State Road 100 (100'R/W) for the Point of
Beginning, said Westerly Boundary being on a curve concave to the east and having a radius
of 2914.79; From the Point of Beginning thus described run Southeasterly along said
Westerly boundary and along the arc of said curve 1775.13 feet as measured along a Chord
having a bearing of South 06 degrees 22 minutes 23 seconds East, to a found Concrete
Monument; Thence South 42 degrees 42 minutes 12 seconds West, 1353.65 feet to a found
to Concrete Monument; Thence Northwesterly along a line 30' more or less Southeasterly of an
existing Woods Road (designated as SE 60th St.) The following courses North 50 degrees 54
minutes 06 seconds West, 312.65 feet to a 1/2" Iron rod (LB4012); Thence North 55 degrees
30 minutes 00 seconds West, 256.49 feet to a set 1/2" Iron rod (LB 4012); Thence North 51
degrees 50 minutes 25 seconds West, 320.20 feet to a 1/2" Iron rod(LB 4012); Thence North
51 degrees 41 minutes 42 seconds West, 144.67 feet to.a 1/2" Iron rod (LB 4012); Thence
North 50 degrees 23 minutes 36 seconds West, 204.64 feet to a 1/2" Iron rod (LB 4012);
Thence North 45 degrees 08 minutes 57 seconds West,337.83 feet to a 1/2" Iron rod (LB
4012); Thence North 43 degrees 54 minutes 11 seconds West, 115.78 feet to a 1/2" Iron rod
(LB4012); Thence North 47 degrees 46 minutes 54 seconds West, 99.42 feet Thence North 57
degrees 36 minutes 49 seconds West, 135.88 feet to a 1/2" Iron rod (LB 4012); thence North
51 degrees 28 minutes 44 seconds West, 172.75 to a 1/2" Iron rod (LB 4012); Thence North
47 degrees 08 minutes 45 seconds West, 137.23 feet to a found 1/2" Iron rod (LB 4012);
Thence North 49 degrees 47 minutes 32 seconds West, 79.86 feet to a found 1/2" Iron rod
(LB 4012); Thence North 49 degrees 42 minutes 22 seconds West, 110.86 feet to a found 1/2"
Iron rod (LB 4012); Thence North 51 degrees 24 minutes 51 seconds West, 8.00 feet to a
found concrete monument; Thence South 44 degrees 15 minutes 04 seconds West, 2761.37
feet to a point on the Westerly Boundary of Section 14; Thence North 01 degrees 50 minutes
24 seconds West, along said Westerly Boundary 343.88 feet to the NW corner of said Section
14 (also the SW corner of said Section 11); Thence North 00 degrees 34 minutes 50 seconds
West, along the Westerly Boundary of Section 11, a distance of 2696.34 feet to the NW
corner of the South 1/2 of said Section 14; Thence North 88 degrees 09 minutes 52 seconds
East,4561.22 feet to the Point of Beginning. 212.6 acres,Bradford County, Florida.
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EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Keystone Heights RV Resort, Phase 4
Engineer: Gerald Ghoulish, P.E.
272 Old East Lake Road
Tarpon Springs, Florida 34688
Date: March 16, 2023
Engineer Drawing Description Latest
Number Engineer
Approved
Plan Date
ST-1 Cover Sheet 06/30/2023
ST-6 Dimension Plan East 06/30/2023
ST-8 Water Plan SE 06/30/2023
ST-9 Water Plan NE 06/30/2023
ST-12 Water Details on Site 06/30/2023
ST-13 - Wastewater Plan SE Quadrant 06/30/2023
ST-14 Wastewater Plan NE Quadrant 06/30/2023 I .
ST-15 Wastewater Plan S Mid Quadrant 06/30/2023
ST-19 Lift Station#4 06/30/2023
ST-35 Lift Station#4 Force Main 06/30/2023
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
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\` Clay County Utility Authority CCUA Web Map
i- \ 3176 Old Jennings Road Info:
ni Middleburg, Florida 32068-3907 Water Features
Prepared by CCUAGIS Portal
'a Phone 904 272 5999 = Gravity Sewer Features
t 8/1/2023,4:49:44 PM : Forced Sewer Features
Conservation.Commitment.Commundy.
�TYAUTN- 1 inch = 300 feet - Reclaimed Features