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Home My WebLink About05.e.04 DA CU24.25-17 - Livality Intergrated Health CU24/25-17 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 CLAY COUNTY TOWN CENTER PROFESSIONAL OFFICES—1620 CORSAIR LANE, STE.201 LIVALITY INTEGRATED HEALTH—SETTLEMENT AGREEMENT#1 Parcel Number: 32-04-25-008102-013-01 (Clay Utility System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this IS day of Aril ,2025,by and between CLAY COUNTY TOWN CENTER OFFICE PARK, 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 the original Developer Agreement for the project between Clay County Town Center Office Park, LLC, and Clay County Utility Authority, dated November 17,2022,Agreement No.CU22/23-2,recorded in Official Records Book 4673,pages 1964-1979,of the Public Records of Clay County, Florida, in order to assess the additional connection charges for Livality Integrated Health, now occupying suite 201 of 1620 Corsair Lane, which exceeds the number of ERCs previously paid for under 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 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 0.324 ERCs) $ 150.90 * Alternative Water Supply Surcharge: ($399.65 x 0.324 ERCs) $ 129.49 * SJRWMD Black Creek Connection Charge: ($103.66 x 0.324 ERCs) $ 33.59 * Wastewater Capacity Charge: ($4,243.50 x 0.324 ERCs) $ 1,374.89 * (b) Debt Service Charge: ($196.73 x 0.324 ERC) $ 63.74 * (c) Main Extension Charge-Water $ N/A Main Extension Charge-Wastewater $ 184.70 ** (d) Meter Installation Charge I $ N/A *** (e) Plan Review Fee - $ 38.50 (f) Inspection Fee $ 38.50 (g) Recording Fee $ 49.77 (h) Administrative Service Charge $ 100.00 Total $ 2.164.08 � * - Includes 0.774 ERCs for water and wastewater,based on a health care facility having one doctor and three employees,all in accordance with Utility's Rate Resolution.Less the 0.450 water and wastewater ERCs paid for in the original Developer Agreement CU22/23-2,datedNovember 17, 2022. 2 ** - See paragraph 7 for an explanation of the charge. *** - The Developer will utilize the existing 3/4-inch meter installed as part of the original Developer Agreement,Premise#P002005. 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 electronic mail,and if to Developer, shall be mailed or delivered to Developer at: Clay County Town Center Office Park, LLC. Attn: David Kight 2300 Marsh Point Road Neptune Beach, Florida 32266 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 continue to maintain the existing reduced pressure type backflow prevention device which shall be located immediately downstream of Utility's existing 3/4-inch potable water meter, and such installation shall remain in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility.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. 6. Connection charges for this project were based on the number of doctors and employees for Livality Integrated Health,which will occupy suite 201,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, 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. 3 7. The charge shown in paragraph 4(c) "Main Extension Charge - Wastewater", of this Agreement, is Developer's share of the cost of the gravity main and wastewater force main across Old Jennings Road,installed with the Summerbrook Subdivision development,as well as Developer's share of the cost to upgrade Lift Station#111,which is necessary to accommodate the additional wastewater from this project. 8. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement CU22/23-2,dated November 17,2022,shall remain in full force and effect. 9. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2, of Agreement), 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. [Signatures begin on next page] 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: CLAY COUNTY TOWN CENTER OFFICE PARK,LLC, a zlaware limited liability co p _ Witness: By: v (Seal) Print Name: MGt tF AS'-4-v&-+. ' David Ki ,Authoriz son Witness: j ®�Print Name: (4•{f- STATE OF Ca/ • n l q COUNTY OF , ,{� 1,2 7 U The foregoing instrument was,geknowledged before me by means of CI physical presence or ❑ online notarization this IC) day of A i \ , 2025, by DAVID KIGHT, as AUTHORIZED PERSON of CLAY COUNTY TOWN CENTER OFFICE PARK, LLC a Det4wAare limited liability company, who is personally known to me or has produced'FLA. S ri v-e-e5 41 iiiS• 0d-ll05r(4 , as identification. d (SG G,10Q/tla,-- `si LISAGHAZARIAN Print Name: ,Lt ,o (rtear2 L/la' a Notary Public-California I �'"x- '- San Diego County Notary Public ��s $ Ciali�ira/ a�Commission€12365347 State of��r�a" "+T ""^P �My Comm.Expires Jul 13,2025 My Commission Expires: -� 7—1'3,2m2 WITNESSES: UTILITY: CLA \COUNTY ��`ILITYU HORITY Witness: By: __�.--1�-..,]► Print Name: Andrew H Mitchell o ns-A n,P.E.,M.B.A. le e =Rc�i irecto • (Corporate Seal) Witness. Print Name: •Q A.$. gttii)"...... % STATE OF FLORIDA COUNTY OF CLAY . The foregoing instrument was acknowledged before me by means of❑X physical presence or 0 online notarization, this IS'''' day of A ..•►l , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personall known t me. drew H M kr Print Name: itCltell Notary Public in and for the Notary Public State of Fioride County and State Aforesaid arti Andrew H Mitchell My Commission Expires: 0 My Commisaion ` /�`�,i� 1.4i11°I I HH 190802 EXp.�Ol2g12025 CLAY COUNTY TOWN CENTER PROFESSIONAL OFFICE 1620 CORSAIR LANE, SUITE 2.01 SETTLEMENT AGREEMENT#1 LIVALITY.INTEGRATED HEALTH • Parcel ID#32-04-25-008102-013-01 Clay County EXHIBIT "A PARCEL 17 . A PORTION• OF SECTION 32, TOWNSHIP. 4 SOUTH, RANGE 25 EAST, CLAY • • • COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; • COMMENCE AT THE NORTHWESTERLY CORNER OF SAID SECTION 32; THENCE SOUTH 00°21'12" EAST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A -DISTANCE OF•450.46 FEET; THENCE NORTH 89°38'48 EAST,_33.00 FEET TO THE EASTERLY RIGHT OF•WAY LINE OF BRANAN FIELD ROAD (A VARIABLE WIDTH , RIGHT *OF WAY,, AS NOW ESTABLISHED); THENCE. SOUTH:. :Q0°21'12" EAST, • ALONG LAST SAID LINE, 78.84. FEET; THENCE NORTH 89'38'48'7 EAST-, 293.50 FEET;THENCE SOUTH 00°21'12"EAST,95.59 FEET,TO THE POINT.OF BEGINNING; THENCE •CONTINUE SOUTH 00°21'12"•EAST, 542.78 FE TOET, O THE POINT OF CURVATURE . .OF . A CURVE .LEADING • SOUTHEASTERLY; THENCE SOUTHEASTERLY, ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF.15.00 FEET,AN ARC DISTANCE OF 23.56 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 45°21•'33" EAST, 21.22. FEET, TO :THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 89'38'06"EAST;232.00 FEET; THENCE NORTH OOc21'12" WEST, 557.74 FEET;,THENCE SOUTH 89°3848"WEST, 247.00 FEET,TO TI-IE- POINT OF BEGINNING. r )„, ...... 1 ,L,_45,- ,./N ,k 1 3 w4 E a Q • r,- .. • • F� M m ;�� S a. I J i. y. I: ,,,....101 ....= �� J 0 I 0 It, CC •:• h k 1 X L I►1 •�• co W Ce Livality Integrated Health- L 0 sing existing service to 1620 It Corsair Lane, Suite 201 Q �...- t 'O ill Z 70 fn CO 73 A_ r. m• .t • HI . 0 m ,._., 0Tc-a ... 1/ t.. M N I 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 act ions. ii �_`—' CCUA itaiminitim C �N COt Title: ........"--1" Clay County Utility Authority CCUA Web Map - 3176 Old Jennings Road i Info: �� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features 'a Phone 904 272 5999ill■ Gravity Sewer Features �t 4116/2025,11:31:43 AM Forced Sewer Features Conservation.Commitment.Commundy. 1TYAUT 1 1 inch = 200 feet m Reclaimed Features