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HomeMy WebLinkAbout05.e.09 DA KU05.06-19M01 - 781 Creighton Road - Modification Cy to: KU05/06-19M01 Clay County County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 • Parcel Numbers 43-04-26-014044-000-00 UTILIZATION OF EXISTING & 43-04-26-014046-001-00 WASTEWATER SERVICE AT 777 Clay County CREIGHTON ROAD TO SERVE 781 CREIGHTON ROAD (CREIGHTON ROAD IN-FILL PROJECT) (Kingsley System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Modification"), made and entered into this /s* day of Jon-/ ,2025,by and between DENNIS B. STEED, Individually and as Trustee of the Dennis B. Steed Living Trust, dealing with his non- homestead property and DBS CONSULTING, LLC, a Florida limited liability company, hereinafter collectively referred to as "Developers," 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,Developers own or control lands located in Clay County,Florida,and described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter "Property"); WHEREAS, Developers desire that the Utility provide central wastewater collection, treatment and disposal service for the Property; and WHEREAS, this Agreement is to modify the Developer Agreement KU05/06-19 for the wastewater service to 777 Creighton Road between Dennis B. Steed and Clay County Utility Authority dated December 19,2005,which is recorded in Official Records Book 2660,pages 1253 through 1264, of the Public Records of Clay County, Florida. WHEREAS, the Developers and Utility have agreed to utilize the existing wastewater connection installed for 777 Creighton Road, in conjunction with the above-mentioned Developer Agreement,for wastewater service to 781 Creighton Road. Developers'residential home located at 777 Creighton Road was removed due to storm damage, and a new structure is not planned for this parcel now or in the future. WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of wastewater service by the Utility to the Developers' Properties. NOW,THEREFORE,for and in consideration of the premises,the mutual undertakings and agreements herein contained and assumed, Developers and Utility hereby covenant and agree as follows: -2- 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, Developers hereby agree 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 0.0 ERC) $ N/A Alternative Water Supply Surcharge: ($399.65 x 0.0 ERC) $ N/A SJRWMD Black Creek Connection Charge: ($103.66 x 0.0 ERC) $ N/A Wastewater Capacity Charge: ($4,243.50 x 1.0 ERC) $ N/A * Environmental Impact Charge: ($410.00 x 1.0 ERC) $ N/A * (b) Debt Service Charge: ($196.73 x 1.0 ERC) $ N/A * (c) Customer Connection Charge (Tap-in) - Water $ N/A Customer Connection Charge (Tap-in) - Wastewater $ N/A * (d) Main Extension Charge - Water $ N/A Main Extension Charge - Wastewater $ N/A * (e) Meter Installation Charge $ N/A (f) Plan Review Fee $ 38.50 (g) Inspection Fee $ 38.50 (h) Recording Fee $ 125.00 Total $ 202.00 * - All Rates, Fees, and Charges for one wastewater service were paid for in Developer Agreement KU05/06-19,December 19,2005,and recorded in Official Records Book 2660, pages 1253 through 1264 of the Public Records of Clay County, Florida Note: Items(f)and(g)are estimates subject to adjustment based on the actual cost incurred. 3. Binding Effect of Agreement-This Agreement shall be binding upon and shall inure to the benefit of Developers, Utility and their respective assigns and successors by merger, consolidation,conveyance or otherwise. Any assignment or transfer by Developers 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 Developers as set forth in this Agreement. -3- 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 Developers, shall be mailed or delivered to Developers at: Mr. Dennis B. Steed& DBS Consulting, LLC 773 Creighton Road Fleming Island, Florida 32003 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. Developers shall grant a 10-foot easement to Utility across both properties at 777 and 781 Creighton Road directly abutting the County's right-of-way. This will ensure any future right- of-way projects or modification to the existing right-of-way to the extent it requires Utility to relocate the wastewater mains and services can continue to be operated and maintained by the Utility. In addition, this Agreement is contingent upon the execution of the Grant of Easement documents. 6. The existing wastewater connection point is a pressure force main connection, requiring the Developers,their successors,and assigns,at their sole cost and expense,to install and maintain a grinder pump station and piping capable of pumping the anticipated flow at the required pressure conditions.The Developers shall connect said piping to the Utility's system at the valve box within Utility's proposed easement at the front of the Property,ensuring proper flow into the Utility's system for treatment and disposal. In addition, the Developers, their successors, and assigns agree to install and maintain a Flowmatic ball check valve,Model 508(epoxy-coated cast iron body),at their sole cost and expense on the discharge side of the Developers' grinder pump station.The Flowmatic ball check valve shall be placed in a protective valve box with a lid and positioned on a horizontal segment of pipe at least two linear feet outside the grinder pump station. Prior to the start-up of the grinder pump station,the Developers,their successors,and assigns shall be required to remove the grinder pump for Utility's inspection to verify that the proper grinder pump and check valve have been provided. If the proper grinder pump and check valve are confirmed, the system start-up may proceed. If not, the Developers, their successors, and assigns must correct the pump station and check valve and request a follow-up inspection. An additional service charge shall be assessed for the follow-up inspection. The Developers will own and maintain the private pumping station and check valve on the Property. In the event of an electrical power outage, the Developers shall be responsible for providing backup power if continuous service is desired. -4- Utility is in no way responsible for damages or injury,either directly or indirectly,related to sanitary sewage overflows, spills or stoppages resulting from loss of electrical power or any malfunction of the privately owned facilities. 7. It will be the Developers' responsibility to have a plumber properly eliminate the Developers' existing septic tank and connect to the wastewater system. Developers shall contact Utility for inspection prior to the plumber covering Developers' connection of their wastewater service pipe to Utility's wastewater collection system. 8. The Developers agree that if 777 Creighton Road(Parcel No.43-04-26-014044-000- 00)is ever redeveloped,sold,or otherwise needs a connection to the Utility's wastewater system,the Developers (or any future property owner of 777 Creighton Road) shall be required to pay all applicable rates,fees,and charges associated with establishing a new wastewater service connection. Utility shall not be responsible for,nor obligated to,provide service to both properties under the one existing connection. This modification does not grant any rights to dual service or shared connections. 9. This Agreement does not include any other developments(future additions)that are planned for the Property. A separate agreement will be prepared for the additional requirements of each future development on the Property when such development is initiated. 10. All provisions in the original Developer Agreement KU05/06-19,dated December 19, 2005,titled Wastewater Service to 777 Creighton Road(Creighton Road In-Fill Project), recorded in Official Records Book 2660,pages 1253 through 1264,will remain in full force and effect,except as modified herein. Developers are jointly and severally liable for all obligations and covenants of "Developer" contained therein, as modified herein. Any and all restrictions or covenants running with the land therein shall apply to the Property, as defined herein. 11. This Agreement will need to be executed by the Developers, and the charges paid (shown on page 2 of the 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 next page] -5- IN WITNESS WHEREOF, Developers 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: • Witness. r , By: Seal) Print Name: - nh� OrN Dennis B. Steed, Individually and as Trustee of the Dennis B. Steed Living Trust Witn Print T1Sa nstian STATE OF COUNTY OF The foregoing instruuu ent was acknowledged before me by means of G iysical presence or❑ online notarization this 15 day of April ,2025,by DENIMS B.STEED,Individually and as Trustee of The Dennis B. Steed Living Trust who is personally known to me or has produced 11( ,dam../. &to* Li cerise_ , as identification. Notary Public State of Florida Jennifer M Cron Print Name: �i My Commission un NW 216408 Notary Public Exp.1/27/2026 State of Florida at Large My Commission Expires: -6- WITNESSES: DEVELOPER: DBS Consulting, LLC a Florida limited liability company Witnes • 0 / By: (Seal) Print Name: • � 4r1 Dennis B. Steed, Manager Witnes•,/ , L Print Nam-• Lisa Ch stiarl STATE OF ViprootN06—. COUNTY OF eja...Y The foregoing instrument was acknowledged before me by means of C hysical presence or❑ online notarization this l day of pr; , 2025, by DENNIS B. STEED, as MANAGER of DBS CONSULTING,LLC,a Florida limited liability company,who is personally known to me or has produced f torid& Am , as identification. A. Notary Public State of Florida M Jennifer M Cron Print Name i;azdr Cron My Commission 101 Exp.+ii7iio2s Notary Public State of Florida at Large My Commission Expires: -7- WITNESSES: UTILITY: CLAY COUNTY UTILI. AUTHORITY �`� Witness: 110\ f ✓ By: w-+J Print Name: Andrew H Mitch 11 :re D. i stop P.E., M.B.A. ecutive ecto Witner: Print • 1 tj (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 11}" day of A f.:l , 2025 by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. Print Name: Andrew H Mitchel_ Notary ew PubllH Mitchc State ell • My Commission of Florida Notary Public Andr • State of Florida at Large "'lilt Exp 10/2512025 My Commission Expires: EXHIBIT "A" Page 1 of 2 UTILIZATION OF EXISTING WASTEWATER SERVICE AT 777 CREIGHTON ROAD TO SERVE 781 CREIGHTON ROAD (CREIGHTON ROAD IN-FILL PROJECT) Parcel No.: 43-04-26-014044-000-00 Official Records Book 4733, Page 1242, Clay County, Florida A parcel of land situated in Lot 19,Creighton Forest Unit 2,Clay County,Florida,according to Plat Book 4, Pages 35 and 36, of the Public Records of Clay County, Florida; said parcel being more particularly described as follows: Begin at the most southerly corner of said Lot 19; thence along the northwesterly line of Creighton Road,on the arc of a curve concave southeasterly,having a radius of 210.00 feet,a chord distance of 37.65 feet,the bearing of said chord being North 26 degrees 58 minutes 41 seconds East; thence North 51 degrees 45 minutes 00 seconds West, 410.00 feet; thence South 53 degrees 09 minutes 26 seconds West, 126.16 feet to the southwesterly line of said Lot 19; thence along said southwesterly line South 62 degrees 27 minutes 00 seconds East, 457.77 feet to the Point of Beginning. • EXHIBIT "A" Page 2 of 2 Parcel No.: 43-04-26-014046-001-00 Official Records Book 4214, Page 1642, Clay County, Florida A PARCEL OF LAND CONSISTING OF A PORTION OF LOT 20, "CREIGHTON FOREST UNIT 2," AS SHOWN ON MAP THEREOF RECORDED IN PLAT BOOK 4, PAGES 35, AND 36,OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID LOT 20. "CREIGHTON FOREST UNIT 2 ", SAID NORTHEAST CORNER LYING AND BEING ON THE WESTERLY RIGHT OF WAY LINE OF CREIGHTON ROAD(AS NOW ESTABLISHED), SAID WESTERLY RIGHT OF WAY LINE LYING AND BEING IN A CURVE, SAID CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 210.00 FEET;THENCE RUN SOUTHWESTERLY ALONG AND AROUND SAID CURVE AND ON SAID WESTERLY RIGHT OF WAY LINE OF CREIGHTON ROAD AN ARC DISTANCE OF 100.97 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, SAID ARC BEING SUBTENDED BY A CENTRAL ANGLE OF 27°32'54" AND A CHORD BEARING SOUTH 07°57'40" WEST AND A CHORD DISTANCE OF 100.00 FEET; THENCE RUN NORTH 81'24'00" WEST ON THE SOUTHERLY LINE OF SAID LOT 20, A DISTANCE OF 176.91 FEET;THENCE RUN NORTH 12°02'03" EAST,A DISTANCE OF 157.40 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 20; THENCE SOUTH 62°27'00" EAST ON SAID NORTHEASTERLY LINE OF LOT 20, A DISTANCE OF 175.90 FEET TO THE POINT OF BEGINNING. EASEMENTS: SAID PARCEL BEING SUBJECT TO A PERPETUAL EASEMENT FOR INGRESS, AND EGRESS, AND UTILITIES RECORDED IN O.R. BOOK 289, PAGE 23,OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA; ALSO SUBJECT TO A 20.00 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE FOLLOWING DESCRIBED PORTION OF SAID LOT 20, "CREIGHTON FOREST UNIT 2 ", AS SHOWN ON MAP THEREOF RECORDED IN PLAT BOOK 4, PAGES 35 AND 36, OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, SAID NON-EXCLUSIVE EASEMENT LYING 20.00 FEET LEFT OF AND ADJACENT TO THE FOLLOWING DESCRIBED NORTHERLY AND WESTERLY LINE OF EASEMENT, BEGIN AT THE NORTHEAST CORNER OF SAID LOT 20, "CREIGHTON FOREST UNIT 2"; THENCE ON THE NORTHEASTERLY LINE THEREOF RUN NORTH 62°27'00" WEST, A DISTANCE OF 321.26 FEET TO THE NORTHEAST CORNER OF THOSE CERTAIN LANDS DESCRIBED IN O.R. 289, PAGE 23,OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA THENCE RUN SOUTH 27°33'00" WEST ON THE SOUTHEASTERLY LINE OF LAST SAID LANDS A DISTANCE OF 61.86 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED AND RECORDED IN O.R. BOOK 289,PAGE 23; THENCE RUN SOUTH 23°41'25" WEST,A DISTANCE OF 35.11 FEET TO THE POINT OF TERMINUS OF SAID WESTERLY LINE OF EASEMENT; THE SOUTHERLY BOUNDS OF SAID 20.00 FOOT WIDE NON-EXCLUSIVE EASEMENT BEING PERPENDICULAR TO AND 20.00 FEET LEFT OF SAID POINT OF TERMINUS;THE EASTERLY BOUNDS OF SAID 20.00 FOOT WIDE NON-EXCLUSIVE EASEMENT BEING THE WESTERLY RIGHT OF WAY LINE OF ABOVE MENTIONED CREIGHTON ROAD. / ., .- ---1 1, _ - A.N _, J ` W\\// , , . 7 2020 i s N \ s \ CV cv 3, \__________.- --. 114, CD \ 7 Y C o 2016 ro 731 u- NQ ;9- M I #107 r BPS PS _ ; 1 % 2010 779 •ice %�i 07B _..__....... 1(IL) Utilize existing service �� ,� at 777 Creighton Road �"OA on K2&2&1Naiiiii `` for 781 Creighton Road 62 �2 781 illx�,�l ' 122) III' 774' \ -----..............., ' — II \ ~ © 783 \\, 1 pD m 782 w r 0 78: 0:, 03 p_ , ,:,, , 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. CCUA (1, � CO(�N 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 ill■ Gravity Sewer Features �t 4/11/2025,2:57:43 PM - Forced Sewer Features Conservation.Commitment.Community liTAU-0 1 inch = 100 feet - Reclaimed Features