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
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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]
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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.
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Settlement Agreement #1 for 7415
State Road 21 (The Bakery II LLC)
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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.
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__ \ 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