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HomeMy WebLinkAbout07.e.01 DA CU25.26-1 - 1300 Blanding Blvd (Goodwill) Return to: CU25/26-1 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 GOODWILL STORE & DISTRIBUTION FACILITY WAREHOUSE EXPANSION AT 1300 BLANDING BLVD SETTLEMENT AGREEMENT#1 Parcel Number: 27-04-25-008017-000-00 (Clay Utility System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this Oh day of €G/1964" , 2025, by and between GOODWILL INDUSTRIES OF NORTH FLORIDA,INC.,a Florida non-profit corporation,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 Goodwill Industries of North Florida,Inc.,and Clay County Utility Authority, dated October 15, 2014, Agreement No. CU14/15-2, recorded in the Official Records Book 3692, pages 214-228, of the Public Records of Clay County,Florida, in order to assess the additional connection charges for the warehouse expansion, 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 1.374 ERCs) $ 639.94 * Alternative Water Supply Surcharge: ($399.65 x 1.374 ERCs) $ 549.12 * SJRWMD Black Creek Connection Charge: ($103.66 x 1.374 ERCs) $ 142.43 * Wastewater Capacity Charge: ($4,243.50 x 1.374 ERCs) $ 5,830.57 * Environmental Impact Charge: ($410.00 x 1.374 ERCs) $ 563.34 * (b) Debt Service Charge: ($196.73 x 1.374 ERCs) $ 270.31 * (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 $ 8,222.48 -2 - * - Includes 1.374 ERCs for water and wastewater,calculated based on the warehouse expansion with three loading bays and fifteen employees working 8+hour shifts,all in accordance with the Utility's current Rate Resolution. ** - The Developer will utilize the existing 2-inch meter for Premise P001831,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: Goodwill Industries of North Florida, Inc. Attn: David Rey 5150 Timuquana Road Suite 15 Jacksonville, Florida 32210 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 2-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 the employee and loading bay count for the warehouse expansion, 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 same, as the additional ERCs are determined for future expansions, 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 impact is greater than that calculated herein, an additional supplemental agreement shall be prepared and the additional charges paid,prior to occupancy of such expansion. 8. Except as expressly modified and amended herein by this Modification to Developer Agreement,all of the conditions of the original Developer Agreement CU 14/15-2, dated October 15, 2014, recorded in Official Records Book 3692,pages 214-228, of the Public Records of Clay County, Florida, shall remain in full force and effect. - 3 - 9. This Agreement will need to be executed 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: GOODWILL DUSTRIES OF NORTH FLORIDA, INC. a Flo j!n-rrofi t cor Lion Wit 4110111", By: (Seal) Print Name: 7 .iMMX Pal David Rey, Presiden nd CEO Witness": 11111111ff , Print Nam :.? ,31 / STATE OF Fed. COUNTY OF Fed. The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this day of U'/� j w h e/ , 2025, by DAVID REY, as PRESIDENT and CEO of GOODWILL INDUSTRIES OF NORTH FLORIDA,INC.,a Florida non-profit corpor tion,who is personally known to me or has produced , as identification. .t iYou'• a� RE J. TARtR A NfC FEl orida Print Name: 4/6 1-Tl ityk� g' NorCazrryr cS tHe2o06850 Notary Public '04 ` My Corrrt,= eirgt Mar 28,2026 P State of Florida at Large _ 4 Bonded tht h~stare timtaryAssn. I My Commission Expires: WITNESSES: UTILITY: =_ - CLA \COUNTY UT TY A THORITY Witness: ,4/ By: t Print Name: Andrew HMitchell rein , . nsto P.E., M.B.A. Witness. 4 IAA YW recut ector 16415)6 Print Name: Sandra M. Bia (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 day of Oct ' , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY, who is personally known to me. Notary Public State of Florida Print Name: Andrew H Mitchell Andrew H Mitchell Notary Public in and for the Mission 4 �kr!,�p����i y Comm� HH 190802 County and State Aforesaid 4 - Exp.10l2512025 My Commission Expires: GOODWILL STORE & DISTRIBUTION FACILITY WAREHOUSE EXPANSION AT 1300 BLANDING BLVD SETTLEMENT AGREEMENT#1 Parcel ID#27-04-25-008017-000-00 Clay County EXHIBIT "A'! A parcel lying in Government Lot 2,Section 27,Township 4 South,Range 25 East,Clay County, Florida,being more particularly described as follows: For a point of commencement use the Northwest corner of said Section 27; thence South 01°17'07" East, along the West line of section 27, a distance of 1336.85 feet to the Northwest corner of said Government'Lot 2; thence North 89°36'27" East, along the North line of said Government Lot 2, a distance of 35.0 feet to the Point of Beginning; thence continue North 89°36'27"East along the North line of said Government Lot 2,a distance of 369.24 feet;thence South 0°24'33" West along the Property Line as described in Property Line Settlement Agreement recorded in Official Records Book 3347, page.1847, of the Public Records of Clay County,Florida,313.33 feet to an angle point in said line;thence South 33°5045"East along said Property Line by Agreement, 121.42 feet to the Northwesterly right of way line of Blanding Boulevard (State Road No. 21, a 100 foot right of way as now established); thence South 55°12'06"West along said Northwesterly right of way line,324.01 feet to the Southeast corner of lands described in Official Records Book 3049,page 2014,of the Public Records of Clay County, Florida;thence North 0°06'18"West along the East line of said lands 150.0 feet to the Northeast corner of said lands;thence South 89°56'25"West along the North line of said lands 150_0 feet to the Northwest corner of said lands;thence South 0°06'31" East along the West line of said lands, 196.44 feet to the North line of Florida Department of Transportation right of way as shown on Right of Way Map Section 71070-2510;thence North 89°12'17"West along said right of way line, 17.32 feet to the East line of lands described in Official. Records Book 1774, page 945, of the Public Records of Clay County,Florida,said line being the East right of way line of Oak Lane(a 50 foot right of way); thence North 0'0710" West along said East line and along said right of way line 642.90 feet to the Point of Beginning. The above described lands being the same lands as those which are described in Official Records Book 861,page 239,of the Public Records of Clay County,Florida(described below)as same have been modified by Property Line Settlement Agreement recorded in Official Records book 3347,page 1847, of the Public Records of Clay County,Florida. A parcel.lying in Government Lot 2,Section 27,Township 4 South,Range 25 East,Clay County, Florida;being more particularly described as follows: For a Point of Commencement use the Northwest corner of said Section 27; thence South 0'17'07" East, along the West line of Section 27, 1355.51 feet to the Northwest corner of said Government Lot 2, and the Point of Beginning; thence North 89°36'40" East, along the North line of said Government Lot 2,407.42 feet to a fence line;thence South 4°12'50"West,along said EXHIBIT "A" PAGE 2 OF 2 fence line 311.65 feet to an iron pipe on an angle of the fence;thence South 45°3010"East,121.60 feet along fence to the Northwesterly right-of-way of State Road No.21;thence South 55°1206" West, along Northwesterly right-of-way line 323.56 feet to the Southeasterly corner of a convenience store property;the next 3 courses will be on a boundary of said convenience store property;thence North 0°17'07"West,150.0 feet;thence South 89°42'53"West,150.0 feet;thence South 0°1707" East, 196.29 feet to the North line of Department of Transportation property; thence South 89°55'37'West,along said North line 52.55 feet to the West line of said Section 27, and Government Lot 2;thence North 0°17'07"West,624.04 feet along said West line to the Point of Beginning. Less and Except that portion conveyed to Clay County by virtue of that certain Warranty Deed recorded in Official Records Book 1774,Page 945, Public Records of Clay County,Florida. Also Less and Except all lands lying within Florida Department of Transportation State Road No, 21 as now established and used. I /61 \W W.�) E V. 1-00A, 'N dditional Capacity for Goodwill Warehouse oR # 144 Expansion at 1300 Blanding Blvd 1 • b a i , (23° 0 i 7 / 0 /7 i M j 411, 77- V NI :" � 7' ~ 7 1a 1.4 m / 1---1n 0 O NO Ca ::#0,0".\ I j d - (' ©O 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 4Disclaimer: nformation which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All nformation 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 s not a survey and should not be construed in any manneras 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. 17- I l 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 ill■ Gravity Sewer Features t10/li/2025,9:51:27 AM 1` Conservation.Commitment.Community Forced Sewer Features 1TYAUTN� 1 inch = 200 feet - Reclaimed Features