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HomeMy WebLinkAbout06.e.04 DA MU24.25-24 - 91 Branscomb Road #17 & 18 MU24/25-24 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 ( EDGESEN LAKE OFFICE PARK 91 BRANSCOMB ROAD SUITES 17& 18 SETTLEMENT AGREEMENT#4 FOR BRADFORD EYE CENTER Parcel Number: 21-05-25-010094-016-17 (Mid-Clay System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 29* day of A"8 isi. ,2025,by and between CEK INVESTMENTS II,LLC, a Florida 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 Bentod, Inc. and Clay County Utility Authority, dated December 3, 2003, Agreement No. MU03/04-5,recorded in Official Records Book 2310, pages 1394-1410, of the Public Records of Clay County, Florida, in order to assess the additional connection charges for the new tenant, Bradford Eye Center, now occupying Suites 17 and 18 of 91 Branscomb Road,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 andUtility 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 0.236156 ERCs) $ 109.99 * Alternative Water Supply Surcharge: ($399.65 x 0.236156 ERCs) $ 94.38 * SJRWMD Black Creek Connection Charge: ($103.66 x 0.236156 ERCs) $ 24.48 * Wastewater Capacity Charge: ($4,243.50 x 0.236156 ERCs) $ 1,002.13 * Environmental Impact Charge:, ($410.00 x 0.236156 ERCs) $ 96.82 * (b) Debt Service Charge: ($196.73 x 0.236156 ERCs) $ 46.46 * (c) Meter Installation Charge $ N/A ** (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording Fee $ 49.77 (g) Administrative Service Charge $ 100.00 Total $ 1,601.03 -2- * - ERC charges are calculated .at 1.314000 based on a medical office with two practitioners, in accordance with the Utility's Rate Resolution. Suites 17 and 18 have established ERC credits of 1.077844 for water and wastewater,which were paid for under Developer Agreement No.MU03/04- 5. After application of these credits, the net water and wastewater ERCs due at this time are 0.236156. **- The Developer will utilize the existing 5/8-inch x 3/4-inch meter for Premise P053381,which was paid for in the original Developer Agreement. 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: CEK Investments II,LLC Attn: Michael Schlofman 3561 Shinnecock Lane • • Green Cove Springs,Florida 32043' 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 type backflow prevention device which shall be located immediately downstream of Utility's existing 5/8-inch x 3/4-inch potable water meter.The device shall be 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 calculated based on a medical office with two practitioners, Bradford Eye Center,which will occupy Suites 17 and 18,in accordance with Utility'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 same,as the additional ERCs are determined for future tenants or Property/project owner or Lessor,which require greater water and wastewater flows. 7. 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 impaa 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. 8. Except as expressly modified and amended herein by this Modification to Developer Agreement,all of the conditions of the original Developer Agreement MU03/04-5,dated December 3,2003,recorded in Official Records Book 2310,pages 1394-1410,of the Public Records of Clay County,Florida,shall remain in full force and effect. -3 - 9. This Agreement will need to berexecuted by Developer,and the charges paid(shown on page 1,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. ' •, 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: CEK INVESTMENTS II,LLC,a Florida limited liability company • Witnes : Y By: (Seal) Print Name: Lei..0 v-rn sch7ina h Michael Schlofman,Manager Witness: Ca,vfitvw O"/` ' Print Name: , drew 6. P !� STATE OF -T-1ar' 614 COUNTY OF c 1A vi . ` . The foregoing instrument was acknowledged before me by means of El physical presence or I: online notarization this 'a CI day of 4 U9 VS4.: , 2025,by MICHAEL SCHLOFMAN, as MANAGER of CEK INVESTMENTS II, LLC, a Florida limited liability company, who is personally known to me or has produced 1 LDI, _. ,as identification. Print Name: 4nCirew P/l e 5 Notary Public State of Florida at Large My Commission Expires: x""Y`` ANDREW G.PHELPS [Signatures Continue Next Page] .: '—' •:• commission#HH 326213 n, '••.'FF.F�,.•a?•. Expires October 26,2026 ,�O • -4- WITNESSES: UTILITY: CLAY COUNTY UTI HORITY Witness: AV)(11''"V By: Print Name: Andrew H M. hell 'm . . Jo on, E.,M.B.A. five D. ctor • Wi a Prin Name: S1111 (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization,this 29+„ day of A wsk , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY,AUTHORITY,who is personally known to me. Print Name: Andrew H Mitchell Notary Public State of Florida /1 • Notary Public in and for the Andrew H Mitchell I County and State Aforesaid My Co190802 I mmission ) My Commission Expires: , Inv?." HH EXp.10l25l20254/2.5 EDGESEN LAKE OFFICE PARK 91 BRANSCOMB ROAD SUITES 17& 18 SETTLEMENT AGREEMENT#1 FOR BRADFORD EYE CENTER Parcel ID#21-05-25-010094-016-17 Clay County EXHIBIT "A" Lots 17 and 18.Edgesen Lake Office Park,according to the Plat thereof,recorded in Plat Book 42,Page(s)66 and 67,of the Public Records of Clay County,Florida. -_ N O III I W SAP E S 633 E2 ____ _ i ^ 4 © M 2 Mr N c I .e o 2808 II 2 c t� ' . c 2 �m LL Ca C O Additional Capacity for 91 0 PSI7s— Branscomb Road Suites 17 & 18. `° s FM on MA-1-3 w >- w rJ ,Z h mi L 91 MM'/... 0 Milli On ,7 .F.- • C2"vitii ,) 1111 s r; I 0 _ _ CO.—�—--_ 3 -� co N 8 WM on M2-11 , �� 2, •. 2 • .\ N LL �1 e 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-- 1 I CCUA (-1,,';( CO(JN Title: .. 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 t91312025,9:34:25 AM� Co' nse vation.Commitment.Community ill■ Forced Sewer Features �TYAUTNu 1 inch = 100 feet - Reclaimed Features