HomeMy WebLinkAbout06.e.02 DA KU25.26-44 - 1681 Eagle Harbor Parkway KU25/26-44
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Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
FLEMING ISLAND MEDICAL PLAZA
@ EAGLE HARBOR 1681, 1685,& 1689
EAGLE HARBOR PARKWAY
SETTLEMENT AGREEMENT#2 FOR
BORLAND GROOVER CLINIC
Parcel Number: 04-05-26-014176-004-00 (Kingsley System)
Clay County Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this
2'1 day of A►i3u.ad• ,2026,by and between ORR FLEMING MEDICAL OWNER,LLC,
a Delaware limited liability company,hereinafter referred to as "Developer",and THE CROSSINGS AT
FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190, F.S., Community
Development District,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 Fleming Island Medical Plaza, LLC and Clay County Utility Authority, dated August 1,
2003, in order to assess the additional connection charges for Borland Groover Clinic, currently occupying
1681 Eagle Harbor Parkway,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 0.785 ERCs) $ 374.39 *
Alternative Water Supply Surcharge:
($411.64 x 0.785 ERCs) $ 323.14 *
SJRWMD Black Creek Water Resource Charge:
($102.40 x 0.785 ERCs) $ 80.38 *
Wastewater Capacity Charge:
($4,345.34 x 0.785 ERCs) $ 3,411.09 *
Environmental Impact Charge:
($410.00 x 0.785 ERCs) $ 321.85 *
(b) Debt Service Charge:
($246.79 x 0.785 ERCs) $ 193.73 *
(c) Customer Connection Charge (Tap-in) - Water $ N/A
Customer Connection Charge (Tap-in) - Wastewater $ N/A
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(d) Meter Installation Charge $ N/A **
(e) Plan Review Fee $ 38.50
(f) Inspection Fee $ 38.50
(g) Recording Fee $ 75.81
(h) Administrative Service Charge $ 100.00
Total $ 4,957.39
* - ERC charges are calculated at 3.285000 for water and wastewater based on a doctor's office
with 5 doctors planned to be at the location daily, in accordance with the Utility's Rate
Resolution. There are established ERC credits of 2.500000 for water and wastewater,which
were paid for under the previous agreement. After application of these credits,the net ERCs
due at this time are 0.785000 for water and wastewater.
** - The Developer will utilize the two existing 1 1/2-inch meters(Premise P013619 and Premise
P013620).
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:
ORR Fleming Medical Owner, LLC
Attn: Joseph G. Greulich
2 Summit Park Drive, Suite 540
Cleveland, Ohio 44131
and if to the Utility at:
The Crossings at Fleming Island Community Development District
c/o Mr. Steve Anderson, District Manager
2105 Harbor Lake Drive
Fleming Island, Florida 32003
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 devices
which shall be located immediately downstream both of Utility's 1 1/2-inch potable water meters.The devices
shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services
and Utility. Furthermore, the devices 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 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.
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7. Connection charges for this project were based on a doctor's office,Borland Groover Clinic,
which will have 5 doctors at the location daily, 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.
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,dated August 1,2003.,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 pages
1 and 2, 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..
[Signatures.Begin Next Page] , .
-4- i
,
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:
ORR FLEMING MEDICAL OWNER,LLC,
a Delaware limited liability company
r
Witness: 4 By: -----2"- (Seal)
Print Name: A v;61 <0 en o`y y; Joseph G. Greulich, Manager
Witness: 4-1,-,-
Print Name: 1) Li Sfele-
STATE OF W
COUNTY OF 0 ALIyuh 0 yt
The foregoing in§rument,was ac owledged before me by means of 0 physical presence or❑online
notarization this . day of 2026, by JOSEPH. G. GREULICH, as
MANAGER of ORR FLEMING ME IC OWNER,LLC,a Delaware limited ' bility company,who is
personally known to me or has produced , as id tification.
orT ` Print Name: j ViP- -e t w't C 2
4.110k tvETTE Mu�Z Notary
rra nr Pum+e,Stye of Ohio Public
- My Comm ss on!npUos: County and State Aforesaid
dr ,I. MCI 29. t My Commission Expires: 0 L( $-ci '2_0 3. 1
[Signatures Continue Next Page]
-5-
WITNESSES: UTILITY:
THE CROSSINGS AT FLEMING ISLAND
COMMUNITY DEVELOPMENT DISTRICT,
a Chapter 190, Florida Statutes, Community
Development Distri t, by its Board of Supervisors
Witness: By:
2"
Print Name: -Jelnr-T-abur CDD Chairman
Pi44/5. 4lettzi,
Witness: _
Print Name: e� Xca+As,10 .
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instr co
was ac wledg before me by means of❑x physical presence o o ine
a notarization, this / day of , 2026, by AN,
BOARD OF SUPERVISORS OF T • CROSSINGS AT FLE ILA MUNITY
DEVELOPMENT DISTRICT, on its behalf and with its authority,who is personally known to me or has
produced , as identification.
I Notary Public State of Florida ► Print Name: \.e►
4 Marilee Giles ` Notary Public in and for the
lID Expires 3/2412029 1 County My Commission 20HH 621342• and State Aforesaid
My Commission Expires: 03121 l 20.-9
FLEMING ISLAND MEDICAL PLAZA
@ EAGLE HARBOR 1681, 1685, & 1689
EAGLE HARBOR PARKWAY
SETTLEMENT AGREEMENT #2 FOR
BORLAND GROOVER CLINIC
Parcel ID#04-05-26-014176-004-00
Clay County
EXHIBIT "A"
PAGE 1 OF 3
The Land referred to herein below is situated in the County of Clay, State of Florida,. and is
described as follows;
PARCEL 1:
A PORTION OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 26 EAST, CLAY COUNTY,
FLORIDA, BM. NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE, CO IIv9ENCE AT THE NORTHEAST CORNER OF SAID
SECTION 4; `RTI3NCE SOUTH. 89 WO61' WEST, ALONG THE NORTH LINE OF
AFORESAID SEC`11014 4, ALSO BEING THE CENTERLINE OF COUNTY ROAD No.C-I 5-
A (A VARIABLE WIDTH RIGHT OF WAY, ALSO KNOWN BALD EAGLE.ROAD),A
DISTANCE OF 1,599.64 FEET, '10 A FO1NI, THENCE SOUTH (I0°R4°15" EAST, A
DISTANCP. OF 7tl.(t FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID
COUNTY ROAD NO. C-I 5-A, ALSO BEING THE NORTHEAST CORNER OF EAGLE
HARBOR PARKWAY EAST - ROADWAY PLAT, AS RECORDED IN PLAT BOOK 38,
PAGES 34,35 AND 36, OF THE PUB!IC RECORDS OF SAID CLAY COUNTY,FLORIDA;
THENCE SOUTH 89?36106" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE
AND IHE NOR I'HI RLY LINE OF SAID EAGLE HARBOR PARKWAY EAST=ROADWAY'
PLAT,A DISTANCE OF 50:(60 FEET,TO TIDE NORTHWEST CORNER'['I FEREOV;`I}[FN(F
SOUTHERLY AND SOUTHEASTERLY, ALONG TILL WESTERLY RIGHT OF WAY LINE
OF EAGLE HARBOR PARKWAY, AS SHOWN ON AFORESAID EAGLE HARBOR
PARKWAY EAST- ROADWAY PLAT,RUN THE FOLLOWING FOUR(4)COURSES AND
DISTANCES; COURSE. NO. I: SOUTH 1 k14'55" EAST,A DISTANCE OF.99,52 FEET,To
THE POINT OF CURVATURE OF A CURVE TO THE LEFT, BEING CONCAVE
NORTHEASTERLY,AND HAVING A RADIUS OF 1025,01)FEEL COURSE NO.2:ALONG
AND AROUND THE ARC OF SAID CURVE, A DISTANCE OF 201,73 FEET, SAID ARC
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 05'53'13"
FAST 201.41 FEET,.TO THE POINT Or EEG 5I' HNC; COURSE No, 3: CONTINUING
ALONG AND AROUND THE ARC OF I.ASTT SAID CURVE,A DISTANCE Or 53.59 FEET,
SAID ARC BEING SUBTENDED .BY A CHORD BEARING AND DISTANCE OF SOUTH
12°58'I8"EAST 53,59 FEET,TO THE POINT OF REVERSE E CURVATURE OF A CURVE TO
THE,RI+ I-1"i,BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS Of 975.00
FEET, COURSE NO 4:ALONG AND AROUND THE ARC O1'SAID CURVE,A DISTANCE
OF 196.85 FEET, SAID ARC BEING SUBTENDED BY A CHORD :[SEARING. AND
DISTANCE Or SOUTH 08''44'5r EAST' 196.51 FEET, TO A PONT,. THENCE' SOUTH
89 6'06" WEST, A DISTANCE OF 328.26 FEET, TO A POINT SITUATE ON THE
BOUNDARY LINE OF A CONSERVATION EASEMENT(PARCEL AS DESCRIBED AND
RECORDED IN OFFICIAL RECORDS BOOK 1457,PAGE 13 62,OF THE PUBLIC RECORDS
OF SAID CLAY COLFNTI'Y, FLORIDA; THENCE NORTHWESTERLY, ALONG THE
BOUNDARY LINE OF LAST SAID LANDS, AND THE NORTHWESTERLY
EXHIBIT "A"
PAGE 2 OF 3
PROLONGATION THEREOF, RUN THE FOLLOWING FIVE (5) COURSES AND
DISTANCES; COURSE NO, I:NORTH 14'02'10"WEST, A DISTANCE OF 33,41 FEET,TO
A POINT; COURSE NO.2: NORTH I3'34'I4'WEST, A DISTANCE OF 46.29 FEET,TO A
I'OIN'1`; COURSE NO. 3: NORTH 39°55'41" WEST, A DISTANCE OF 51.83 FEET, TO A
POINT; COURSE NO. 4: NORTH 60'23142' WEST, A DISTANCE OF 37,99 FEET, TO A
POINT, COURSE NO. 5: NORTH 58'42'37" WEST, A DISTANCE OF V.28 FEET TO A
POINT SITUATE ON TI-IE EASTERLY RIGHT OF WAY LINE OF U. S. HIGHWAY No. 17
(STATE ROAD No. 15, A 200 FOOT RIGHT OF WAY); THENCE NORTH 0392'29" EAST,
ALONG SAID EAS2['ERLY R-[CFiT OF WAY LINE, ALSO BEING THE WESTERLY LINT
OF THOSE CERTAIN LANDS DESCRIBED AND RECORDED IN OFFICLAL RECORDS
BOOK 1697, PAGE 525 (PARCEL OF THE PUBLIC RECORDS OF SAID COUNTY), A
DISTANCE OF 67.14 FEET,TO fit:POINT; ENCE NORTH 89"36'06".EAST, A DISTANCE
OF 43834 FEPT,TO THE.POINT OF BEGINNING.
PARCEL.2:
A PARCEL OF LAND SITUATED TN SECTION 4,TOWNSHIP 5 SOUTH,RANGE 26 BAST,
CLAY COUNTY,FLORIDA: SAID PARCEL BEING MORE-PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE ON THE
NORTH LINE THEREOF RUN sou rn 89 DEGREES 36 MINUTES 06 SECONDS WEST
1599.64 FEET TO THE NORTHERLY PROJECTION OF THE:EASTERLY LINE'OF EAGLE
HARBOR PARKWAY AS PER EAGLE. HARBOR PARKWAY EAST- ROADWAY PEAT,
RECORDED IN PLAT ROOK 38,PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF
SAIL) COUNTY; THENCE ON LAST SAID PROJECTION SOUTH 00 DEGREES 14
MINUTES 15 SECONDS EAST 70,0.0 FEET TO THE SOU ERLY LINE OF COUNTY
ROAD NO. C-1.5-A (BALL) EAGLE ROAD); THENCE ON LAST SAID LINE SOUTH 89
DEGREES 36 MINUTES 06 SECONDS WEST 50.00 FEET TO THE WESTERLY LINE OF
SAID EAGLE HARBOR PARKWAY; THENCE ON LAST SAID LINE RUN THE
FOLLOWING 6 COURSES; I)SOLi'I H 00 DEGREES 14 MINUTES 55 SECONDS EAST 99.52
FEET;2) SOUTHERLY ON nrs,ARC.OF A CURVE CONCAVE TO THE EASTERLY AND
I-IAVING A RADIUS OF 102540 FEET, A CHORD DISTANCE OF 254.69 FEET, THE
BEARING OF SAID CHORD BEING SOUTH 07 DEGREES.23 MINUTES 07 SECONDS
F.AS'l 3)SOUTHERLY ON THE ARC OF A CURVE CONCAVE TO THE' STERLV AND --
HAVING A RADIUS OF 975.00.,A CHORD DISTANCE OF 196,51 FEET TO T'HE POINT OF
BEGINNING,'LEE BEARING OF SAID DISTANCE OF 1.96.51 FEET'1.0 THE POINT OF
BEGINNING,THE BEARING Or SAID CI-IORI)13EINf3 SOUTH 08 DEGREES 44 MINUTES
17 SECONDS EAST; .) SOUTHERLY ON THE ARC OF A CURVE CONCAVE TO THE
WESTERLY AND HAVING t RADIUS OF 975.00 FEET; A CHORD DISTANCE OF 46.18
FEET. THE BEARING OF SAID CHORD BEING SOUTH 01 DEGREES.35 MINUTES 49
SECONDS EAST;5)SOUTH 00 DEGREES 14.MINUTES 23 SECONDS.EAST 316.91 FEET;
6) SOUTHERLY ON THE ARC OF A CURVE CONCAVE TO THE WF,S`{'ERLY AND
HAVING A RADIUS OF 975,0E FEET, A CHORD DISTANCE OF 99.50 FEET, THE
BEARING OF SAID CHORD BEING SOUTH 02 DEGREES 41 MINUTES 07 SECONDS
WEST;THENCE NORTH 84 DEGREES 23 MINUTES 24 SECONDS WEST 15,13 FEET TO
EXHIBIT "A"
PAGE 3 OF 3
THE NORTHEASTERLY LW- OF 'ITT CERTAIN CONSERVATION EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1457, PAGE 1362,PARCEL OF SAUTE PUBLIC
RECORDS; THENCE ON LAST SA M LINT: RUN THE FOLLOWING 14 COURSES I)
NORTH1.9 DEGRH F:, 43 MINUTES 05 SECONDS WEST 54,65 FEET; 2) NORTH 16
DEGREES 22 MINUTES 26 SECONDS WIEST 3518 FEET; 3) NORTH 13 DEGREES 40
MINUTES 32 SECONDS WEST 18.47 FEET;•4) NORTH I I DEGREES 22 MINUTES 40
SECONDS EAST 74.62 FEET; 5)NORTH 72 DEGREES 19 MINUTES 51 SECONDS WEST
78.51 FEET; 6) SOUTH 68 DEGREES 55 l INU TES 05 SECONDS WEST 27.17 FEET;
7)NORTH 78 DEGREES 00 MINUTES 45 SECONDS WEST 31.24 FEET; 8) NORTH 7R
DEGREES 43 MINUTES 38 SECONDS WEST 38.71 PE ET; 9) NORTH 44 DEGREES 05
MINUTES 16 SECONDS WEST 130.05 FEET,; 10) SOUTH 65 DEGREES. 44 MINUTES 33
SECONDS WEST 1,90 FEET; 11.).NO.RTH 09 DEGREES 27 MINUTES 45 SECONDS WEST
18.88 FEET; 12' NORTI 1 17 DEGREES 26 MINUTES 50 SECONDS WEST 56.93 FEL I. 13)
NORTH .03 DEGREES 21 MINUTES 54SECO'NDS WEST 52.85 FEET;- 14)_NOR.T14- 14 - -
DEGREES 02 MINUTES 10 SECONDS WEST 36,9; FE1fl, THENCE NORTH 89 DEG' ES
36 MINUTES 06 SECONDS EAST 328.26 FEET'TO THE POINT'OF BEGINNING.
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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
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 - i CCUA
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��� C�V�T Title:
Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
/ � Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Features
'a Phone 904 272 5999 = Gravity Sewer Features
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C vs
9/10/2026,10:14:06 AM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTN� 1 inch = 200 feet - Reclaimed Features