HomeMy WebLinkAbout05.e.03 DA KU23.24-42 - Baptist Clay ER Expansion Return to: KU2 3/24-42
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
BAPTIST HEALTH CLAY CAMPUS
EMERGENCY DEPARTMENT EXPANSION
1771 BAPTIST CLAY DRIVE
Parcel No. 09-05-26-014266-999-00 (Kingsley System)
Clay County Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this
dikh day of OutSei ,2024 by and between SOUTHERN BAPTIST HOSPITAL OF FLORIDA,INC.,
a Florida not-for-profit 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 Clay County,Florida, and described in Exhibit
"A," attached hereto and incorporated herein by reference (hereinafter "Property"); and
WHEREAS, this Agreement modifies Developer Agreement KU21/22-52, dated February 1, 2022, and
recorded in Official Records Book 4573,pages 433 through 448 of Clay County,Florida,to assess the additional
capacity charges for the emergency department expansion, addition of 11 hospital beds, 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:
(a) Potable Water Capacity Charge:
($450.00 x 6.00 ERCs) $ 2,700.00 *
Alternative Water Supply Surcharge:
($388.01 x 6.00 ERCs) $ 2,328.06 *
SJWMD Black Creek Water Resource Connection Charge
($105.19 x 6.00 ERCs) $ 631.14 *
Wastewater Capacity Charge
($4,100.00 x 6.00 ERCs) $ 24,600.00 *
Reclaimed Water Capacity Charge
($300.00 x 0.00 ERCs) $ N/A
Debt Service Charge:
($191.00 x 6.00 ERCs) $ 1,146.00 *
(b) Main Extension Charge- Water $ N/A
Main Extension Charge-Wastewater $ N/A
(c) Fire Protection Charge $ N/A
(d) Meter Installation Charge $ N/A
(e) Plan Review Fee $ 231.00
(f) Inspection Fee $ N/A
(g) Recording Fee $ 58.45
Total $ 31,694.65
* - Includes 6.00 ERCs for potable water and wastewater for the emergency department expansion to
accommodate 11 additional hospital beds,all in accordance with Utility's current Rate Resolution.
Note: Items (e) and(f) are estimates subject to adjustment based on the actual cost incurred.RECEIVED
•
JUN 20 2024
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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 email,and if to Developer,shall be mailed or delivered to
Developer at:
Southern Baptist Hospital of Florida, Inc.
Attn: Keith Tickell
841 Prudential Drive, Suite 1802
Jacksonville,Florida 32207
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 meter 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. This Agreement is to assess the charges for the Baptist Health Clay Emergency Department
Expansion,as shown on the plans prepared by England-Thims&Miller,Inc.,Project No. 17-252-20-4,titled Baptist
Clay ED Expansion (See Exhibit `B"), it does not include any other developments (future additions, buildings
and/or out parcel projects, etc.)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.
7. All provisions in the original Developer Agreement KU21/22-52, dated February 1, 2022, titled
Baptist Health Clay Campus Expansion-1771 Baptist Clay Drive, recorded in Official Records Book 4573,pages
433 through 448,will remain in full force and effect.
8. The proposed connection to the Utility's water and wastewater system will be made through on-site
plumbing,which shall be constructed in compliance with all regulatory requirements and, as shown on the plans
prepared by England-Thims&Miller,Inc.,Project No. 17-252-20-4,titled Baptist Clay ED Expansion(See Exhibit
"B")No construction is permitted on any Utility-owned facilities upstream or downstream of the existing potable
water meter.
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9. 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.
WITNESSES: DEVELOPER:
SOUTHERN BAPTI T 4' 4 SPIT• O/FLORIDA, INC.,
a Florida not- o -pr nitt ,0Ia 'e
Witness: By:
Print Name. ei,l I /Q 1 Jhit- Keith Tic*,Assistant T easurer
Witness: V I GD
Print Name: N i og �, d (Corporate Seal)
STATE OF FLORIDA
COUNTY OF u..&
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online
notarization this 22 dayof Ma 12024 byKEITH TICKELL ASSISTANT TREASURER of
SOUTHERN BAPTIST HOSPITAL OF INC.,a Florida not-for-profit corporation,who is personally
known to me or has produced FLORIDA,— as identification.
Notary Public State of Florida Pr Name: Jr t(
/ l Jill R White Notary Public
•,,,,� My Commission HH 427598 State of Florida at Large
Expires 7/30/2027 g
My Commission Expires: 7-3b-27
•
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
Witnes . By:
_—
Print ame: a M. 314.1-H) ern I.r sto ,P.E.,M.B.A.
ecu 've-A irector
Witness: 6211-n eat. P
Print Name: Summer P. =ern•t (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 07/0 day of nin.ie , 2024 by JEREMY D. JOHNSTON, as EXECUTIVE
DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me.
�.%1111p,, SUMMER P BERNDT C �� i��n�
���0^'A �A?,Notary Public-State of Florida
Print Name: Summer P. =ernd
Et�ia�:= Commission#HH 450194
� My Commission Expires Notary Public
Vi;ip January 26,2028
State of Florida at Large
My Commission Expires: bi/a io/a%
BAPTIST HEALTH CLAY
EMERGENCY DEPARTMENT EXPANSION
1771 BAPTIST CLAY DRIVE
Parcel No.: 09-05-26-014266-999-00
EXHIBIT "A"
A pad of Section0,-riliwohjp, apiiithi.)3.414go 46', a4WPIaY:ge1iliViTtOttligjtfite0)##iilia'.pilit•of Tract"A",as
shown on the=plat-Of OtathaniNiliage#nit::TAwkaccat4inttnlilit
Records.of said Clay County,Florida, lI being more particularly desibed as follows:
fora-ii*O41tAklet#000e:!0'000406*PiOjtiOitooti000gieV.fittailitighi*fivaylineH-ofU.S Highway No. 17
(Slate RoadNo 4;4-varOleyricith Parkway(a 100 foot,tight of
'way as shown on the plat of FleirringPlantation-First Roadway *1.140;130We-14;Pages 11;d0404,%:Of
.tha,c).gteut.00141C440,1*-0101:"Ociiii0)*itiiiplAiiti:at°0834":44ir,-.4100t00'canierlinktlatillage*cparg
Parkway,a distance of reote;;:tiience4nottithtg said COitcrihte yOn-Spigh:p2-° 372 West,a AiOaii*itit 50.00
toeti.tcikoint-on the sotitit,i-i*:4way line of said Village Square Parkway foi,11*ticiii*4.I*Oryiioge
From thehpajn;of beginfling-thus.00sc*:ctienatititting•An4,62-°5:1i23'!,West,i4'tiiktaopf(*112iitWinet;:tott:thence.
Southiit9gqrif,liat.:44100cPOrAciitrilie!;111n1111P9F00-11.01'0:?''$110* 3.0.;00Te0iInn thence
Seuth::k*Or3rtaiti-:'fi:diiiritiee.of:-§dIfftfIeet;liun thince;tiipiti'orplz3Nest-,-;a iiiitance-.. (16.0:;reet;,..rnn.
'thence'gawk 87o03n,,iAatt;t.cliMa0ci 106:fentiOitIllerite-gantli:62651!2:3!'West,4tlistancevi_4191.4 feel;
-Tun.thence*T 081°600".:West to and along the Nórthcily.line of 71#4047;as shown on the plat'of Chatbam
Vina0.340.4.114* 1c.0144*WP.1#;BOO44rir100627 through 31 of said Public Records,and alongjhOortherly
line of Said Tract'A",ofhatham Village Unit Two,.a distanãe oF 635.34 feet;thence South 77°23'46"West,a
distance 01444,1:teertnalnifti:',01ctiCvatite;,i-Sakihe:nealn''..k.:Westerly:Okeclip$:along,the.'vc-21617-a'ent*eniteave.
34orthoy.iayict:haVi4:c100i01080;00,1*;,:404to distance of.65 10 theitn.'thc.,poinv of innienettifint0:01yei,said
Arebeinwsuhletided:hy,vehaitilleatiagand4ittatiee,cainith3r1145!*#4..0-.,....32.:Te*:tlietieeNotth'$08'3 "
West,a distance of 1 9,z4atxn)0(.prihit**•:dttt.yetttvel'.ittitjhence-:ill::**SiailyCliiectiea-atOng the arc of a curve
ccineii.e0onthektir-004havlttgalailittial40(1:0-feet;,an;at:c*Stance`:004.23'-feetto the point cittaiigenertiliaid;
OurVailititaiie!.beirig.Oilferida**cfidasookokkiii..501T*441!$0)°26.1tr.twostl 1948*et4jhenCd'Sbutit
'89P:17l2"lygst;.a distance,..nf34{),40.teelftt a point dCniiittiie;-inifthettea:hr.a Northerly direction along the arc of
.11.000:c0iii•OeNiiitfiaalta*,4iiiiIaviOta4id4s;0,1:$0:011::;'1700-;anarc distince of 1155 62 that tojihe:'POitof
tangenOlfoici„oivgiO4r4kweinwootpoict.hynAibit bearing and distance-,Offitttli:606 9104r.VVeati,148.73
feet;thence North 3U'15'49"West,a distance 4-414.1 Oithirtha0
dittatte of Igiai fed
to the*Aar oflangatcy;nrtaid*it.tit;#)4,. Ning subtended by. :0044040kfigion*'...dittkficefoiNoifthl.411-435"
West,77.51 feet;thence North 04°5 1'39"East,a distairea of 36 77 feet to a point of euryarqre;:rua thence,itt4
Northeasterly direction along the arc oVa curve concave•$640104tellY,and having a:raifiva,;:ltii0 6 feet,an are.
Aiitanca_iir-A3.14'keet.tccihelOint.4tangencynt.sai*eut%.404 arc being tobigniied.t*:4Aitkit bearint.and.
4a4;-115:51:liet;iholie;**071:3oSr-igast;4'ciistanceier-159 81feet;thence Not
69?1 East',.a ijiStance:ef 4025(iiteOlna 00i0P1I-CCti00:*!"t0a7000:iii4inentinhaSe0.herly.Tight Oiiy4
line of Village Southeasterly 04.0i0*On14'0e-,are ta cnt..ye.in:pa0-$00inCite
right of way line,said curve being concave Northeasterly and having a radius of 150,00 feet,an:att-,4ittanceof
-
R:53.q216-4.tn.the paint*Jaegencxof said curve,said,atebtiogt04604e4.by,...a.lciukit Irailfifaiid..iiistai*of South
.5031344101;,800:54feIti.lrigfihdrite4oinli87°08'37.7.!;gait;donithOtakii*iaid!Soathailkright.of way'line,a
distance.6124 9'781'Teet 40.the:-:pciint:of beginning:
Less'and:exceptlandw,d0,04e4i144000Wi*thectffiiinFltecaliai-Ot'said Cikirity'iii:Rnok 3393,Page-22..
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Baptist Clay ED Expansion
1771 Baptist Clay Drive
Engineer: Lyndsay Keller, P.E.
England-Thims&Miller, Inc.
14775 Old St. Augustine Road
Jacksonville, Florida 32259
Project No.: 17-252-20-04
Date: March 5, 2024
Engineer Drawing Description Latest
Number Engineer
Approved
Plan Date
1 COVER SHEET 04/15/2024
2 FOR SIGNATURE PAGE 04/15/2024
1 GENERAL NOTES 04/15/2024
4 DEMOLITION PLAN 04/15/2024
1 SITE PLAN 04/15/2024
4 PAVING AND DRAINAGE PLAN 04/15/2024
2 PAVING AND DRAINAGE DETAILS 04/15/2024
8 WATER AND SEWER PLAN 05/08/2024
LW-STD CCUA DETAILS 04/15/2024
S-SEW CCUA DETAILS 04/15/2024
WAT 01 WAT 04 CCUA DETAILS 04/15/2024
10 SEDIMENT AND EROSION CONTROL PLAN 04/15/2024
1 SEDIMENT AND EROSION CONTROL DETAILS 04/15/2024
12 STORMWATER POLLUTION PREVENTION PLAN 04/15/2024
12 SWPP CONTRACTOR CERTIFICATION PLAN 04/15/2024
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Department Expansion-1771 Baptist Clay Drive
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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.
Ei ®_ CCUA
,0 COViv Title:
•_ ` Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/ � Middleburg, Florida 32068-3907 prepared by CCUAGIS Portal water Features
G 6 'a Phone 904 272-5999 ▪ Gravity Sewer Features
J� �t 6/27/2024,11:31:17 AM ▪ Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 200 feet MI Reclaimed Features