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HomeMy WebLinkAbout07.e.01 KH25.26-8 - The Bakery II LLC Return to: KH25/26-0 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 7415 STATE ROAD 21 SETTLEMENT AGREEMENT#1 FOR THE BAKERY II LLC Parcel Number: 20-08-23-002174-000-00 (Keystone System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this Zwa day of ft i•Ch ,2026,by and between FLAMINGO 21 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 that original Developer Agreement for the project between John L. Mason and Valerie G. Mason, and Clay County Utility Authority, dated August 5, 2013,Agreement No. KH12/13-8, and recorded in Official Records Book 3565, pages 518-527, in order to assess the additional connection charges for The Bakery II LLC,now occupying 7415 State Road 21,which exceeds the number of ERCs paid for under the previous 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: ($476.93 x 0.408 ERCs) $ 194.59 * Alternative Water Supply Surcharge: ($411.64 x 0.408 ERCs) $ 167.95 * SJRWMD Black Creek Water Resource Charge: ($102.40 x 0.408 ERCs) $ 41.78 * Wastewater Capacity Charge: ($4,345.34 x 0.408 ERCs) $ 1,772.90 * Environmental Impact Charge: ($410.00 x 0.408 ERCs) $ 167.28 * (b) Debt Service Charge: ($246.79 x 0.408 ERCs) $ _ 100.69 * (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 $ 2,671.96 -3- 8. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement KH12/13-8,dated August 5,2013,shall remain in full force and effect, except as modified herein. 9. This Agreement will need to be executed by Developer,and the charges paid(shown on page 1, of Agreement),prior to October 1, 2026, 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 1,2026. 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: FLAMINGO 21 LLC, / a Florida limited liability company till i f' Witness: By: I� (Seal) Print Name: C�) V2pi 6 Q.7 w` Michael E.Bertie,Manager Witness: Print Name: STATE OF /L COUNTY OF /41 /The foregoing ins ent was acknowledged before me by means of❑x physical presence or 0 online notarization this t'►/w it ay of b, , 2026, by MICHAEL E. BERTIE, as MANAGER of FLAMINGO 2 LLC,a Florida limited liability company,who is personally known to me or has produced ,as identification. 'CAL QuIqc(1, Print Name: Notary Public • ` —o ` e ` t —` State of Florida L e Nolory'u Louise eta of r dds .Santo Gaut:e PoNelokl My Commissio My Commission HH 695624 4 EXpire§ 7/6/2029 [Signatures Continue Next Page] -4- WITNESSES: UTILITY: CLAY COUNTY UTILI AUTHORITY Witness: Jli`f' By: .�f - _ --� Print Name: An0 Mitchell "amy D. J sto P.E.,M.B.A. - 11.• -cto Witness11 � ilk„ (Corporate Seal) Print Name: Sandra M. Blane STATE OF FLORIDA COUNTY OF CLAY - The foregoing instrument was acknowledged before me by means of El physical presence or 0 online notarization,this 2 h, 1 day of /ita rIG h ,2026,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 in and for the Notary Public State of Florida County and State Aforesaid Andrew H Mitchell My Commission HH 730417 My Commission Expires: fait 7..2.o 2 ""' �u"' ' Expires 1012512029 q 7415 STATE ROAD 21 SETTLEMENT AGREEMENT#1 FOR THE BAKERY II LLC Parcel ID#20-08-23-002174-000-00 Clay County EXHIBIT "A" A parcel of land lying in Section 17,Township 8 South, Range 23 East, and Section 20, Township 8 South,Range 23 East, Clay County,Florida; said parcel being more particularly described as follows: Begin at a concrete monument at the point where the South line of said Section 17, Township 8 South, Range 23 East intersects the Southeasterly Right-of-Way line of State Road No.21; thence run Southwesterly along said Southeasterly Right-of-Way line a distance of 70.6 feet; thence run South 54 degrees 27 minutes 04 seconds East a distance of 286.84 feet to an Iron Rod; thence run North 34 degrees 39 minutes 19 seconds East, 104.98 feet to an Iron Rod;thence North 67 degrees 52 minutes 50 seconds West,77.56 feet to an Iron Rod at the Northeast corner of lands described in Official Records Book 2049,Page 1060; thence North 51 degrees 00 minutes 00 seconds West,along the Northerly line of lands described in said Official Records Book 2049,Page 1060,210:00 feet to an Iron Rod on said Southeasterly Right-of-Way line of State Road No.21,which point is 29 feet Northeasterly from the Point of Beginning;thence run Southwesterly along said Southeasterly Right-of-Way line a distance of 29 feet to the Point of Beginning. / . N,M Ns N <::> . M , / � /M �, i ,~ , M\ •�- M / sil� • �Q . M M .. <`� �40 M M / /` 1/ 0 ArM . _ /firll M/4 / M • 11100 Settlement Agreement #1 for 7415 State Road 21 (The Bakery II LLC) \ M M /c/.. • Akc, :.: :::: 4O . ` / oZl •/o� / f rot �-: 11-1--""*". \\: /.' I V M F7. /yo Y NY / 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 plainformation 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. �..,:s......... I CCUA ,�� COLl 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 3I212026,9:05:03 AM Forced Sewer Features Conservation.Commitment.Commundy. �TYAUTNO 1 inch = 200 feet - Reclaimed Features