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HomeMy WebLinkAbout08.e.01 DA KH23.24-8 - Bradford County Fire Station - Bunkhouse Additionr Return to. KH23/24-8 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 BRADFORD COUNTY FIRE STATION -BUNKHOUSE ADDITION Parcel No. 06003-0-00301 3987 SE 8T1 AVENUE Bradford County (Keystone Heights System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 2nd day of April , 2024, by and between BOARD OF COUNTY COMMISSIONERS OF BRADFORD COUNTY, FLORIDA, a political subdivision of the State of Florida, 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 KH18/19-13,dated July 23,2019,and recorded in Official Records Book 1804,pages 425 through 434 of Bradford County,Florida,for the purpose of assessing additional capacity charges for the addition of a bunk house,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: 1. The foregoing statements are true and correct. 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: " Potable Water Capacity Charge: ($450.00 x 1.50 ERCs) $675.00 * Alternative Water Supply Surcharge: ($388.01 x 1.50 ERCs) $582.02 * SJWMD Black Creek Water Resource Charge: ($105.19 x 1.50 ERCs) $157.79 * Wastewater Capacity Charge: ($4,100.00 x 0.00 ERCs) N/A Environmental Impact Charge: ($410.00 x 0.00 ERCs) N/A Debt Service Charge: ($191.00 x 1.50 ERCs) $286.50 * (b) Fire Protection Charge N/A (c) Meter Installation Charge N/A (d) Plan Review Fee $150.00 (e) Inspection Fee $150.00 (f) Recording Fee $125.00 Total Due at Execution of Developer Agreement $2,126.31 * Includes 1.50 water ERCs based on the bunkhouse's fixture unit count, in accordance with the Utility's Rate Resolution. ** Developer will utilize the existing 2-inch meter,route KE06720135. Note: Items (d), (e), and (f) are estimates and are subject to adjustment based on actual cost incurred. -2- 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 email,and if to Developer, shall be mailed or delivered to Developer at: Mr. Scott Kornegay Bradford County,Florida 945 N Temple Avenue Starke,Florida 32091 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 2-inch potable water and such installation 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 recertifications shall be the responsibility of the Developer or its successors and assigns. 6. Connection charges for this project were based on the fixture unit count for the proposed bunkhouse as shown on the Floor Plan &Notes drawing,prepared by Mark W. Keels,P.E., File No. 04- 26FPJC, dated January 25, 2024, 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 the 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, the 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. This Agreement is for water service only and all references to wastewater service in this standard Agreement shall not apply. -3- 8. The Utility shall own and maintain all water facilities upstream of the downstream side of the existing 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 maintain access to the water meter for meter reading and maintenance purposes. 9. This Agreement is based on the Floor Plan and notes drawing prepared by Mark W.Keels, P.E., File No. 04-26FPJC, dated January 25, 2024. The connection to the Utility's water system will be made through on-site plumbing,which shall be constructed in compliance with all regulatory requirements. No construction shall occur on any Utility-owned facilities upstream or downstream of the existing potable water meter. 10. All of the conditions of Developer Agreement KH18/19-3,dated July 23,2019,and recorded in Official Records Book 1804,pages 425 through 434 of Bradford County, shall remain in full force and effect, except as modified herein. 11. This Agreement will need to be executed by the Developer,and the charges paid(shown on page 2 of the Agreement), prior to October 1, 2024, 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 1,2024. 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: BOARD OF COUNTY COMMISSIONERS OF BRADFORD COUNTY, FLORIDA, a Political Subdivisio the State of Florida (11 Witness: v�% By: Ail Print Name: (.V.0 iS _04-Si ' ro yn rown Spoo r, Its Chairman Witness: 53-4/7 Print Name: . crtec .e� STATE OF FLORIDA COUNTY OF BRADFORD The foregoing instrument was acknowledged before me by means of 0 physical presence or❑online notarization this 2nd day of April , 2024, by CAROLYN BROWN SPOONER, as CHAIRMAN of the BOARD OF COUNTY COMMISSIONERS OF BRADFORD COUNTY, FLORIDA, a Political Subdivision of the State of Florida, who is6isonally know to is- r who has produced , as identification. k_91 a Printed Name Amanda Brown Notary Public, State of Florida at Large My Commission Expires: [Signatures Continue on Next Page] „ot�;;;uel.c AMANDABROWN * C_)-'. * Commission#HH 496599 i>,.F`Op��` Expires February 26,2028 -4- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY Witnes I. By: Print I1JCt 1`A•S h Je e D. J M.B.A. .E.,M.B.A. p ecutrve i eter Witness: ( Ua(U.u`!1 4 Print Name: Summer -. =erndt (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 day of ketd , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who istarsonal v known to mOor who has produced _ , as identification. Print Name: Summer P. Berndt ��a�;!�P�.,,, SUMMER P BERNDT Notary Public O•'s` * Notary Public-State of Florida State of Florida at Large B+ '"'' += Commission#HH 450194 %� �1;�':` My Commission Expires My Commission Expires: Ot ialolon 1 �''%ii�M1�°�� January 26, 2028 -5- BRADFORD COUNTY FIRE STATION BUNK HOUSE ADDITION 3987 SE 8TH AVENUE Parcel No. 06003-0-00301 Bradford County EXHIBIT "A" A parcel of land lying in the NW 1/4 of Section 25,Township 8 South,Range 22 East,Bradford County,Florida.Said parcel being more particularly described as follows: Commence at a 4"x 4"concrete monument found at the NW corner of said Section 25 and run North 89 degrees 37 minutes and 40 seconds East,along the Northerly boundary thereof 1370.97 feet to a concrete monument found on the Easterly boundary of the Right-of-Way of Southeast 8th Ave. (Also known as Speedville Road)for the Point of Beginning.From Point of Beginning thus described continue North 89 degrees 37 minutes and 40 seconds East,along said Northerly boundary 435.39 feet to a found I"iron pipe (NO ID);thence South 00 degrees 36 minutes and 38 seconds East,309.25 feet to a found l"iron pipe(NO ID);thence South 89 degrees 27 minutes and 24 seconds West,435.48 feet to a I"iron pipe(#2063)found on said Easterly boundary of the Right-of-Way of Southeast 8th Ave;thence North 00 degrees 35 minutes and 33 seconds West, along said Easterly boundary 330.55 feet to the Point of Beginning. LESS AND EXCEPT the North 60.00 feet thereof. 1 N�j tie W-'. i E S - Y NI Le I Y Q Nr. I I ►— Y co W 0 Bradford County Fire Station o Cl, -Bunkhouse Addition 2 "v SE'39TH ST 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. 1 CCUA IS C01). Title: ___ Clay County Utility Authority CCUA Web Map i- 3176 Old Jennings Road Info: C � Middlebur Florida 32068-3907 Water Features g+ Prepared by CCUAGIS Portal'a Phone 904 272 5999 - Gravity Sewer Features t 41812024,11:13:57 AM� Conservation.Commitment.Community = Forced Sewer Features �TYAUTN`" 1 inch = 100 feet - Reclaimed Features