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HomeMy WebLinkAbout06.e.02 DA KU25.26-40 - 1750 Wells Road c' Return to: Clay County Utility Authority KU25/26 40 3176 Old Jennings Road Middleburg,Florida 32068-3907 FASHION SQUARE SHOPPING CENTER 1750 WELLS ROAD SETTLEMENT AGREEMENT#2 FOR LINCOLN MEMORIAL UNIVERSITY Parcel Number: 05-04-26-010670-005-01 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 3*d day of ji.4 , 2026, by and between LINCOLN MEMORIAL UNIVERSITY, a Tennessee not for 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 that original Developer Agreement for the project between Fashion Square Partnership, and Clay County Utility Authority, dated June 14, 1993, agreement No. KU92/93-21, and as amended by Developer Agreement between Suncorp, LLC, and Clay County Utility Authority, dated February 15, 2007, Agreement No. KU06/07-28, in order to assess the additional connection charges for Lincoln Memorial University, now occupying 1750 Wells Road, which exceeds the number of ERCs paid for under previous agreements. 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 1.232 ERCs) $ 587.58 * Alternative Water Supply Surcharge: ($411.64 x 1.232 ERCs) $ 507.14 * SJRWMD Black Creek Water Resource Charge: ($102.40 x 1.232 ERCs) $ 126.16 * Wastewater Capacity Charge: ($4,345.34 x 0.0 ERCs) $ N/A * Environmental Impact Charge: ($410.00 x 0.0 ERCs) $ N/A * (b) Debt Service Charge: ($246.79 x 1.232 ERCs) $ 304.05 * (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 $ 1,751.70r- 1 -2- f * - ERC charges are calculated at 2.600000 based on a university with a maximum capacity of 100 students, in accordance with the Utility's Rate Resolution. This property has established ERC credits of 1.368000 for water,which were paid for under previous agreements.After application of these credits, the net ERCs due at this time are 1.232000 for water. The 1.232000 ERCs for wastewater for this agreement were covered under the original agreement, KU92/93-21. ** - The Developer will utilize the existing 1-1/2-inch meter(Premise P022569). 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: Lincoln Memorial University Attn: Jason McConnell 6965 Cumberland Gap Parkway Harrogate, Tennessee 37752 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 1-1/2-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. Developer shall continue to maintain the existing grease/sand interceptor.Developer shall also be responsible for the continued maintenance and cleaning of said grease/sand interceptor facility,and such facility shall be subject to periodic unannounced inspections by Utility. 7. Connection charges for this project were based on a university, Lincoln Memorial University, having a maximum capacity of 100 students, 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 tenants or Property/project owner or Lessor, which require greater water and wastewater flows. • 'Jti -3- 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 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 Agreement, all of the conditions of the original Developer Agreement KU92/93-21, dated June 14, 1993, and Developer Agreement KU06/07-28, dated February 15, 2007, shall remain in full force and effect. , . 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: LINCOLN MEMORIAL UNIVE' . - . , a Tennessee not`forprof`'co. .rati. " —0 Witness: : ._„ . (Seal) Print Name: e-6vvt �r� -o\ sio c 4- Jason McConnell, President Witness: Poi 2 1001-1U6 Print Name: RCt_C.hel Wo r lc STATE OF TonvIessee COUNTY OF Glaiborrne. The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this 2.. " day of Moy , 2026, by JASON MCCONNELL, as PRESIDENT of LINCOLN MEMORIAL UNIVERISTY, a Tennessee not for profit corporation who is person ly known to me or has produced , as identification. `oUlHOl:,,,, O�EA Sy ` S I STATE . ,4„ Print Name: ha�& ' = •`i OF = Notary Public E. : TENNESSEE : E State of Florida-at LargeTe�nhessee, SqNOTARY ; My Commission Expires: 4-26-II. +++• PUBLIC L ,, 494 g*** iii�In r n n n�%t.,,0% [Signatures Continue Next Page] •1 -4- WITNESSES: UTILITY: CLAY COUNTY U ' • UTHORITY Witness: By: - Print Name: Andrew H Mitchell -•e r. D. ohnsto P.E., M.B.A. e . _ ve ' ector Witne . (Corporate Seal) P ' Name: Jina M Sml STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or El online notarization, this 3F.1 day of 3.K ,2026,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: drew H Mitchell Andrew H Mitchell I NotaryPublic in and for the ~"H',�„ My Commission NH 730417 I Expires 10/25/2029 ► County and State Aforesaid My Commission Expires: to/2_S/.2 01 • FASHION SQUARE SHOPPING CENTER 1750 WELLS ROAD SETTLEMENT AGREEMENT#2 FOR LINCOLN-MEMORIAL UNIVERSITY Parcel ID#05-04-26-01.0670=005-01 Clay County EXHIBIT "A" PARCEL A: A part of the Northwest 1/4 of Section 5,Township 4 South, Range 26 East, Clay County,Florida,being more particularly described as follows: Commence at the most Southwesterly corner of. Lot 17,:.Block.1, Grove Park Village,as recorded in Plat Book 14,pages 10,11,12 and 13,of the public records of Clay County,Florida;thence North 00°33'02"West,along the Westerly boundary of said Grove Park Village, 1376.50 feet to a point in:the Southerly right of way line of Wells Road(a 100 foot right of way as now established), said point being in a curve, said curve being concave Northerly and having a radius of 1482.39:feet, thence Westerly along the said Southerly right of way line of Wells Road,along and around said curve, an arc distance of 100.49 feet, said arc being subtended by a chord bearing and distance of South 83°53143 West, 100.47 feet;. thence South 00°33'02" East,: .153.32 feet fora Point of Beginning; thence continue South 00°33'02" East, 435.09 feet; thence:North 89°24'46": West, 372.00 feet; thence: North 00°35'14"East,:128.00 feet;thence South 89°24'46"East, 155.90 feet;thence North 00°35'14" East,:307.00:feet;thence South89°24°46" East,207.46 feet to the Point of Beginning. AND PARCEL B: Together the appurtenant easement(s) as set forth in that certain. Warranty Deed recorded in Official Records Book 816, page 383, of the public records of Clay County,Florida; AND . PARCEL C: Together with those appurtenant easement(s)for access,cross parking and drainage. as set forth in the Declaration of Covenants,Restrictions and Easements recorded in Official Records:Book 1453, page 1041 as:amended by First Amendment recorded in Official Records:Book 1519, page 1428, and Second Amendment recorded in Official Records Book 1544,page 435,and:Third Amendment recorded in Official Records Book 1544, page.442, and Fourth_Amendment:recorded in Official Records Book 1642, page 583, all of the public records of Clay County, Florida.. Parcel ID No:05-04-26-01 0670-005-0:1 :.: . ' t' • W ,V1�E M . 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MAC' C • �f P t, D D fC ��_. tu. 0 N .. _ _.., , ,--, , , _ II , Disclaimer:The information displayed on this drawingor sheet is forageneral visual representation purposes only.The drawingis based upon numerous sources ofpublic ' P P P P —{� 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 7y�lOr 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 mowl 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. ` ‘ 1 I CCUA C 0 COU,�T Title: _._ ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: �� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features G 'a Phone 904 272 5999 - Gravity Sewer Features tIi1312026,12:45:47 PM�" Conservation.Commitment.Commundy. - Forced Sewer Features �TYAUTN� 1 inch = 200 feet m Reclaimed Features