Loading...
HomeMy WebLinkAbout05.e.01 DA KU24.25-15 - Fleming Island Surgery Center D V O CI d I TP KU24/25-15 Return to: Clay County Utility Authority _ N O V 15.2024 3176 Old Jennings Road — :1 Middleburg,Florida 32068-3907 FIRE PROTE '' ` =ORTHETrEMING By ISLAND SURGERY CENTER 1711 EAGLE HARBOR PARKWAY Parcel No. 04-05-26-014176-001-01 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this 1 Islay of tPS'Qm s c 2024 by and between AG FLEMING ISLAND RE HOLDINGS,LLC,a Florida limited liability company, hereinafter referred to as "Developer," and THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT,a Chapter 190,F.S.,Community Development District,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 the original Developer Agreement for the project between Branch Banking and Trust Company and The Crossings at Fleming Island Community Development District,KUO3/04-68, dated March 24, 2004,titled Branch Banking and Trust Company at Eagle Harbor 1711 Eagle Harbor Parkway for the purpose of assessing the charges associated with the addition of fire protection for Fleming Island Surgery Center, which was not 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 collection systems, potable water distribution systems, and reclaimed water systems where applicable, and further to induce Utility to provide potable water,wastewater service,and reclaimed water 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: ($465.75 x 0.00 ERCs) $ N/A * Alternative Water Supply Surcharge: ($399.65 x 0.00 ERCs) $ N/A * SJWMD Black Creek Water Resource Connection Charge ($103.66 x 0.00 ERCs) $ N/A * Wastewater Capacity Charge: ($4,243.50 x 0.00 ERCs) $ N/A * Debt Service Charge: ($196.73 x 0.00 ERCs) $ N/A * b) Fire Protection.Charge $ 15,810.00 ** c) Meter Installation Charge $ 534.10 *** d) Plan Review Fee $ 430.31 e) Inspection Fee $ 423.50 f) Recording Fee $ 101.84 g) Administrative Service Charge $ 100.00 Total $ 17,399.75 * - Capacity charges paid for in the original Developer Agreement for this Property. ** - Based on 1,000 GPM of internal fire flow @ $15.81 per gallon. *** - Includes the installation of a 1-inch potable water meter without a meter box.The Utility will remove the existing 3/4-inch potable meter.The existing premise#P013624,will reflect this increase in meter size. Note: Items(d)and(e)are estimates and are subject to adjustment based on actual costs incurred. -2- Payment of the above charges does not and will not result in Utility waiving any of its rates or rules and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making payment of same. Except as specifically stated,Utility shall not be obligated to refund to Developer any portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the above charges paid. Except as otherwise stated in this Agreement,neither Developer nor any person or other entity holding any of the Property by,through or under Developer, or otherwise, shall have any present or future right,title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or wastewater facilities and properties of Utility, and all prohibitions applicable to Developer with respect to no refund of such charges, no interest payment on said charges and otherwise, are applicable to all persons or entities. Paid capacity or connection charges may not be applied to offset any service bill or other claims of Utility. 3. On-Site Installations-On-site facilities are those located within the Property for which Developer is requesting service. Developer shall convey to Utility,if so designated by Utility,all on-site water and wastewater lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively referred to as"Components" or"On-Site System")on the Property with all contractual guarantees relating thereto. Conveyance shall take place within a reasonable time after installation ofthe On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is conveyed,the same shall be operated and maintained by Developer. In its sole discretion,Utility may decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other arrangement as it deems appropriate. Utility shall have the right and obligation, at the Developer's expense, to construct and/or approve the construction of the on-site installations which shall be owned and maintained by Utility,if so designated by Utility. The Utility shall also have the right to review all plans and specifications, connections to its system and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for facilities which are to be owned by the Utility, if so designated by Utility. The Developer will reimburse the Utility for its costs for such inspection, including all overhead associated with same. Where on-site temporary pump stations or backflow prevention devices are required,they shall be paid for one hundred percent(100%)by the Developer without any provision for refund. Utility reserves the right to require backflow prevention devices on all potable water service connections. The On-Site System shall be constructed in compliance with all regulatory requirements and the specifications and requirements of Utility. No construction shall commence until Utility has reviewed and approved Developer's contractor and the plans and specifications for construction of the potable water, wastewater, and reclaimed water systems for the project. The proposed electrical transformer layout of the electric utility providing service must be provided to the Utility prior to commencement of construction. Developer shall guarantee Utility against defects in material and workmanship for the portion of the On-Site System to be owned by the Utility or County,if so designated by Utility. Developer shall secure from its contractor a written and fully assignable warranty that the system installed will be and remain free from all defects,latent or otherwise,with respect to workmanship,materials and installation in accordance with Utility-approved plans and specifications,for a period of two(2)years from the date of the system acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility on or before such date. -3- The Developer shall also provide to the Utility, at Developer's sole expense, such maintenance bond and other form of securityacceptable to Utilityin such amounts approved byUtility,which byits or their express terms P Pp tY p protect and indemnify Utility against any loss,damage,costs,claims,debts or demands by reason of defects,latent or otherwise,in the system to be and remain in effect for two(2)years from the date of the system acceptance by Utility. In addition to any other promises, guarantees or warranties to be provided by Developer to the Utility hereunder, Developer agrees to protect and indemnify Utility against any loss, damage, costs, claims, debts or demands by reason of defects,latent or otherwise,in the system which could not have been reasonably discovered upon normal engineering inspection,to be and remain in effect for a period of two (2)years from the date of the system's acceptance by Utility. Developer agrees to transfer to Utility, if so designated by Utility, title to all water distribution and wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed shall be owned and maintained by it pursuant to the provisions of this Agreement and shall: (a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable water distribution,reclaimed water distribution, and wastewater collection systems. (b) Provide copies of invoices and Release of Liens from contractor for installation of the utility systems as well as for any repairs to the Systems which may have been caused by other subcontractors during construction. (c) Assign any and all warranties and/or maintenance bonds as set forth herein. (d) Provide all operations, maintenance and parts manuals, as-built plans complying with Utility's specifications, and other documents required for operation of the utility system. (e) Convey to Utility,if so designated by Utility,easements and/or rights-of-way covering all areas in which potable water,reclaimed water,and wastewater systems are installed,with adequate legal access to same,by recordable document satisfactory to Utility. (f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to Utility, fee simple title to lift station and pump station sites, along with recordable ingress/egress easement documents. Provide a copyof the Engineer's final certification of completion to the Florida Department (g) Projectg P p of Environmental Protection certifying installation of all potable water and wastewater facilities in accordance with approved plans. 4. 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. 5. 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 mail (email), and if to Developer, shall be mailed or delivered to Developer at: AG Fleming Island RE Holdings,LLC Attn.: Denver Green 12360 Market Drive Oklahoma City, OK 73114 33401 -4- and if to the Utility at: The Crossings at Fleming Island Community Development District c/o Mr. Steve Anderson, District Manager 2105 Harbor Lake Drive Fleming Island,Florida 32003 or such other address as specified in writing by either party to the other. 6. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable water system installed by Developer,in accordance with Utility's standard specifications,details and notes,which are to be accepted by Utility for ownership and maintenance, as set forth in paragraph 3 (d) herein; and the Utility's charges associated with the review and quality assurance of the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility contractor and shall be provided in accordance with CCUA's"As-built Specifications Standards Manual,"which can be obtained from the Utility's website(www.clayutility.org).It shall be Developer's responsibility to properly instruct Developer's contractor to contact Utility for an estimate of such charges and clarification of the required as-built drawing procedures. 7. It shall be Developer's responsibility or Developer's customers'responsibility,utilizing the project's potable water,reclaimed water,and wastewater service within Developer's 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. 8. This agreement is for fire protection water service only, and all references to wastewater and reclaimed water service in this standard agreement shall not apply. 9. 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 for the building and the existing 1 1/2-inch irrigation meter.Developer shall install a double detector check valve,which shall be located immediately downstream of the 3/4-inch by-pass meter on the 6-inch double detector check valve for the fire suppression system, which is proposed to service Developer's facility. Such installations shall be in compliance with the requirements of the Florida Depai lucent of Health and Rehabilitative Services and Utility. Upon the completion of the installation of said devices,Developer shall provide to Utility for its permanent records the Make,Model,Size, and Serial Number of said devices. Furthermore, these devices 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. The installation and annual recertification shall be the responsibility of the Developer or its successors and assigns.Utility shall have access to all of the water meters during normal business hours for meter reading purposes. 10. Utility shall own and maintain all facilities upstream of the downstream side of the meter and all facilities upstream of the upstream side of the 6-inch double detector check valve, and such facilities shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. All facilities downstream of the downstream side of the meters and downstream of the upstream side of the 6-inch double detector check valve shall be owned and maintained by the Developer. 11. Utility agrees to provide minimum fire flows of 1,000 GPM to the point of connection to Utility's fire main stub at 20 PSI, subject to acts of God and temporary emergency conditions. -5- 12. This Agreement does not include any other developments(future additions)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. 13. All of the conditions of the original Developer Agreement KUO3/04-68 referenced herein, dated March 24,2004, shall remain in full force and effect, except as modified herein. 14. This Agreement will need to be executed by Developer, the charges paid (shown on page 1 of Agreement),prior to October 1,2025,and the construction of the utilities shall be commenced prior to October 1, 2025,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 1,2025;and this Agreement is subject to any material cost increases which Utility may experience after October 1, 2025. [Signatures Begin on Next Page] • -6- 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: AG FLEMING ISLAND RE HOLDINGS,LLC, a Florida limited liabil' company Witness: 'yam By: Print Name: eyes enver Green, Manager Witness: in ..-Ab Print Name: Ft STATE OF 0 la Oinarta, COUNTY OF ®lea( .,{(0ct,, The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this 12 day of New groper ,2024,by DENVER GREEN,as MANAGER of AG FLEMING ISLAND RE HOLDINGS,LLC,a Florida limited liability company,who is tiPsonally_autto me or who has produced , as identification. �ii pTAR Y 9!y�'%� Print Name: IV. (1• 11 •.. Notary Public • #2ap15022 _ State of Flerierat-barge EXp t2i11iZ8 My Commission Expires: !VI1/209,0 PUB09'***Z• X:\PROJECTS\Job Files\Current\2024-103 Fleming Island Surgery Center-1711 Eagle Harbor Parkway\C Developer AgreementlAGR.Fleming Island Surgery Center.jms.doc -7- WITNESSES: UTILITY: THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, Florida Statutes, Community Development District,by its :oard of Supe isors Witness: By: (Seal) Print Name: .k•*-1. • abor, CDD Chairman Witness: tit,/t,(/14,Glc i Print Name: L irzc trendf) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization this /9'44day of i9ec , 2024, by JOHN TABOR, CHAIRMAN, BOARD OF SUPERVISORS OF THE CROSSINGS AT FLEMING ISLAND -COMMUNITY DEVELOPMENT DISTRICT, on its behalf and with its authority,who is personally known to me ore lhes-pre , as identification: eDciktiv(7:2e anieuni aqefet.,_ ' DAWN DECAM • _ Printed Name:D6 u)r' �CCarn t rl Ct_d Notary•:. .- ate of Florida Notary Public, state of PI 0124 DA • at Large sion 4443Q1 `k` omm.Expires S . 4,2027 ' My Commission Expires: S • 14,2.02,1 •et.through National Notary n, ;+P ryD AWNf cD•E • State ofDA orida or Commission t HH 444388ota • kiY Comm.Expires Sep 14,2027 • Bonded through National Notary Assn, X:I PROJECTS lob Files\C rment\2024-103 Fleming Island Surgery Center-1711 Eagle Harbor Parkway Developer Agreement\AGIL Fleming Island Surgery Center.jms.dac FLEMING ISLAND PLASTIC SURGERY 1711 EAGLE HARBOR PARKWAY Parcel No.: 04-05-26-014176-001-01 Official Records Book 4814,Page 278, Clay County,Florida EXHIBIT "A" A PARCEL OF LAND SITUATED IN SECTION 4,TOWNSHIP 5 SOUTH,RANGE 26 EAST, CLAY COUNTY, FLORIDA;SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE ON THE NORTH LINE THEREOF RUN SOUTH 89 DEGREES 36 MINUTES 06 SECONDS WEST 1599.64 FEET TO THE NORTHERLY PROJECTION OF THE EASTERLY LINE OF EAGLE HARBOR PARKWAY AS PER EAGLE HARBOR PARKWAY EAST - ROADWAY PLAT, RECORDED IN PLAT BOOK 38,PAGES 34 THROUGH 36,OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE ON LAST SAID PROJECTION SOUTH 00 DEGREES 14 MINUTES 55 SECONDS EAST 70,00 FEET TO THE SOUTHERLY LINE OF COUNTY ROAD NO. C-1 5-A (BALD EAGLE ROAD); THENCE ON LAST SAID LINE SOUTH 89 DEGREES 36 MINUTES 06 SECONDS WEST 50.00 FEET TO THE WESTERLY LINE OF SAID EAGLE H.A.RBORPARKWAY AND THE POINT OF BEGINNING;THENCE ON LAST SAID LINE RUN THE FOLLOWING 2 COURSES; 1)SOUTH 00 DEGREES 14 MINUTES 55 SECONDS EAST 99.52 FEET;2)SOUTHERLY ON THE ARC OF A CURVE CONCAVE TO THE EASTERLY AND HAVING A RADIUS OF 1025.00 FEET, A CHORD DISTANCE OF 201.41 FEET,THE BEARING OF SAID CHORD BEING SOUTH 05 DEGREES 53 MINUTES 13 SECONDS EAST; THENCE SOUTH 89 DEGREES 36 MINUTES 06 SECONDS WEST 438.34 FEET TO THE EASTERLY LINE OF U.S.HIGHWAY NO. 17(STATE ROAD NO. 15); THENCE ON LAST SAID LINE RUN THE FOLLOWING 2 COURSES: 1) NORTH 03 DEGREES 02 MINUTES 29 SECONDS EAST 249.95 FEET;2)NORTHEASTERLY ON THE ARC OF A CURVE CONCAVE TO THE EASTERLY AND HAVING A RADIUS OF 75.00 FEET; A CHORD DISTANCE OF 55.86 FEET TO SAID SOUTHERLY LINE OF COUNTY ROAD NO, C-15-A,THE BEARING OF SAID CHORD BEING NORTH 24 DEGREES 54 MINUTES 17 SECONDS EAST; THENCE ON LAST SAID LINE NORTH 89 DEGREES 36 MINUTES 06 SECONDS FAST 380.48 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE PORTION THEREOF CONVEYED BY BRANCH BANKING AND TRUST COMPANY, A NORTH CAROLINA BANKING CORPORATION, AS GRANTOR, TO HAND-IN-HAND PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS GRANTEE, BY VIRTUE OF THAT CERTAIN SPECIAL WARRANTY DEED, FILED FEBRUARY 14.2008,RECORDED IN OFFICIAL RECORDS BOOK 2990,PAGE 2086,OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA. X:1PROJECISVob FileslCmaent12024-103 Fleming island Surgery Center 1711 Eagle Harbor ParkwaylC Developer Agreement\AGR.Fleming Island Surgery Center.jms.doc EXHIBIT"B" DESCRIPTION OF APPROVED CONSTRUCTION PLANS • (Less and except plans to be replaced due to minor changes required) Project: Fleming Island Plastic Surgery Engineer: Jason D.Kinney, P.E. Kinney Engineering,LLC 2573 34th Avenue N. St. Petersburg,Florida 33713 Date: March 15,2024 . Engineer Drawing Description Latest Number Engineer Approved Plan Date CO.0 Cover Sheet 9/19/2024 Existing Survey 9/19/2024 D1.0 Demolition Plan 9/19/2024 C0.1-00.2 General Notes 9/19/2024 C1.0 Site Plan 9/19/2024 C1.1 Erosion Control Plan 9/19/2024 C1.2 Utility Plan 9/19/2024 C1.3 Landscape Plan 9/19/2024 C1.A-C1.B Site Details 9/19/2024 WAT 02 -WAT 04 CCUA Utility Details 9/19/2024 LW-STD Standard Locator 9/19/2024 X:\PROJEC7S\Job Files\Current\2024-103 Fleming Island Surgery Center-1711 Eagle Harbor Parkway\C Developer Agreement lAGE.Fleming Island Surgery Center.jms.doc 1725 s o rw:....4. F,.., 1... , 1., N\ 1• ,,, N c ►. \ it U —,-a co COUNTY Y ROAD 220 I BALD EAGI 1 RD co 1 I Y c 0 r 8'FMonK11-4 3 � 4€0Y co ^ Ai © , li r0 &I ._ w u., 11 r 0 0 I 1711 I/T-- 1.75 I( li. oa _N—•.. to 'I 1.0 ,o 1 Fleming Island Surger Center c 0 I .2 i .i d.' c .0 c I 1:\� 1681 liT.- Orb 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 'i 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 1 information included in the drawing is general in nature and not site specific.Any dimensions or other information is approximate and needs to be field verified.CCUA does ,I 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 ►4} 0 CCUA (1,S. CO(iNT Title: .. Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: / � Middleburg, Florida 32068-3907 Prepared by CCUAGIS Portal Water Features 'a Phone 904 272 5999 = Gravity Sewer Features J� C �t 1/23/2025,10:42:59 AM - Forced Sewer Features Conservation.Commitment.Community ll.)"AU-01 1 inch = 100 feet - Reclaimed Features