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HomeMy WebLinkAbout06.e.03 DA KU23.24-44 - Modern Aesthetic Center Wl Return to: Clay County Utility Authority JUL - 3 2024 3176 Old Jennings Road KU23/24-44 Middleburg,Florida 32068-3907 By Parcel Number: 33-04-26-013128-000-00 SHOPPES AT FLEMING ISLAND,BLDG.A Clay County 4575 US HIGHWAY NO. 17,SUITE 340 TO ACCOMMODATE MODERN AESTHETIC CENTER-SETTLEMENT AGREEMENT#2 (KingsleySystem) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this 9+h day of ju Iy ,2024, by and between HOLDINGS FLEMING ISLAND,LLC, a Delaware limited liability company, 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"); WHEREAS;this Agreement is for the purpose of modifying Developer Agreement KU07/08-27,for the project between Beemer&Associates XVII,LLC and Clay County Utility Authority,dated February 4,2008,as recorded in Official Records Book 2994,pages 572 through 585 of the public records of Clay County,Florida,to assess the additional capacity charges for the new tenant, Modern Aesthetic Center, as a medical office, now occupying 4575 US Highway No. 17, Suite 340, which exceeds those covered in the original Developer 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 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: ($450.00 x 0.91325 ERCs) $ 410.96 * Alternative Water Supply Surcharge: ($388.01 x 0.91325 ERCs) $ 354.35 * SJRWMD Black Creek Connection Charge: ($105.19 x 0.91325 ERCs) $ 96.06 * Wastewater Capacity Charge: ($4,100.00 x 1.465419 ERCs) $ 6,008.22 * Environmental Impact Charge: ($410.00 x 1.465419 ERC) $_ 600.82 * (b) Debt Service Charge: ($191.00 x 0.91325 ERCs) $ 174.43 * (c) Meter Installation Charge $ 500.58 ** (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording&Administrative Fee $ 157.25 Total $ 8,379.67 .7� * - Includes 1.322667 ERCs for water and 1.852090 ERCs for wastewater,based on the fixture unit count, all in accordance with Utility's Rate Resolution.Less the 0.409417 water and 0.386671 wastewater ERCs paid in Developer Agreement KU07/08-27,dated February 4, 2008. ** - Includes a 1-inch potable water meter without a meter box. -2- 3. Developer shall install or have installed a reduced pressure type backflow prevention device which shall be located immediately downstream of Utility's 1-inch potable water meter,which is proposed to service Developer's facilities 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 preventer 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. The installation and annual recertifications shall be the responsibility of the Developer, its successors or assigns. 4. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand screens)for each floor drain in the facility, in accordance with Utility's requirements for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors, or causing its tenant to perform same, and such interceptors shall be subject to periodic unannounced inspections byUtility. Developer's maintenance staff shall assist (or cause its tenant to assist) Utility Y personnel by removing the floor drain grates for this inspection of the grit/sand collectors. 5. Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain storm water, shall not connect to Utility's wastewater system. 6. 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. 7. 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 electronic,and if to Developer,shall be mailed or delivered to Developer at: Holdings Fleming Island LLC 2000 McKinney Ave., Ste. 1000 Dallas, Texas 75201 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. -3- 8. Connection charges for this project were based on the fixture unit count,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. 9. All of the conditions of the original Developer Agreement KU07/08-27, dated February 4, 2208, as recorded in Official Records Book 2994, pages 572 through 585 of the public records of Clay County, Florida, shall remain in full force and effect, except as modified herein. 10. This Agreement will need to be executed by the Developer,and the charges paid(shown on page 1 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. • -4- 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: ( VII:Dt 11wo ' D Holdings Fleming Island LLC Prin' ame 1y0,..1 6 a Delaware limited liability company a.Q/ By: Fleming Island JV LLC, Print Name A° Cav► a Delaware limited liability company, its manager By: LO Fleming Island Medical LLC, a Delaware limited Iiability company, its Manger • By:Non-Member Manager, Inc. a Texas corpo ' n 'ts Manager By: Zachary R. Thomas, Vice President ' STATE OF % COUNTY OF 1� otA tC�S The foregoing instrument was acknowledged before me by means of LI physical presence or❑online notarization this 1 day of ZS) , 2024, by ZACHARY R. THOMAS, the VICE PRESIDENT of NON-MEMBER MAGER, INC., a Texas corporation, the MANAGER of LO FLEMING ISLAND MEDICAL, LLC, a Delaware limited liability company, the MANAGER of FLEMING ISLAND JV LLC, a Delaware limited liability company, the MANAGER of HOLDINGS FLEMING ISLAND LLC, a Delaware limited liabili company, on beh if of the limited liability company,who is personally known to me or has produced SQr5OC Knotal as identification. "'': CHRISTINA GARCIAOG\ ` 1,. _,_ M Notary ID#130495034 Ch[`.1�;n ca. rc �//I( =.� .of Expires January 13,2026 Printed Name Notary Public, State of VQAL Cl$ at Large My Commission Expires: I . g -5- WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY r Wit , a�1 �* By: / • — Pri c idp M. Syli ii J re y D hnst n, P.E.,M.B.A. ec • (Corporate Seal) ___6 Witness:. 1 C Print Name: SummerP. Berndt STATE OF FLORIDA COUNTY OF CLAY - The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization,this Srth day of OlUly , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. ctanilliaCR—Kgi • x,VPVd14 SUMMER P BERNDT Print Name: Summer P. Berndt *v i t,-„Notary Public-State of Florida ,,��%a'Ion; Commission# HH 450194 Notary Public in and for the s,'TITR,9 My Commission Expires January 26, 2028 County and State Aforesaid My Commission Expires: bl 0b0$ SHOPPES AT FLEMING ISLAND— BUILDING A,4575 U.S.HIGHWAY NO. 17, SUITE 308,TO ACCOMMODATE MODERN AESTHETIC CENTER— SETTLEMENT AGREEMENT#2 Parcel Id No. 33-04-26-013128-000-00 EXHIBIT"A" Lots 7 and 8,Block 3, Orange Park Acres, according to the Map or Plat thereof, as recorded in Plat Book 4,pages 69 and 70 of the Public Records of Clay County, Florida. • I N 1 W�V,• F. I s' 1 1 1 _ ✓' — — — v"It W1 J•is 11-J* 1-1 . 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K31-2 1 8"GM on K31-2,K31-2A • ... �.r ;.;• _ 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. I • I I CCUA ris:s-i CO(-,VT Title: _•_ ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: / � Middleburg, Florida 32068-3907 t Prepared by CCUAGIS Portal water Features 6 'a 904 272-5999 Phone ill■ Gravity Sewer Features 7/8/2024,4:49:58 PM /� �� Conservation.Commitment.Community Forced Sewer Features �TYAUTN� 1 inch = 100 feet - Reclaimed Features