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HomeMy WebLinkAbout07.e.01 DA KU25.26-47 - 1489 County Road 220 Return to: KU25/26-47 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 RETAIL CENTER @ EAGLE HARBOR 1489 COUNTY ROAD NO.220 SETTLEMENT AGREEMENT#2 FOR SALINA'S NAILS Parcel Number: 04-05-26-014190-005-02 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this ILO" day of . S`Cpki.laei^ , 2026, by and between WESTOVER EAGLE HARBOR, LLC, a Florida 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 WESTOVER FLORIDA, LTD and THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, dated November 1, 2001, in order to assess the additional connection charges for Salina Nails,now occupying suites 130, 140,.150, & 170 of 1489 County Road No. 220, which exceeds the number of ERCs previously paid for in the previous 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: - ($476.93 x 2.920186 ERCs) $ 1,392.72 Alternative Water Supply Surcharge: ($411.64 x 2.920186 ERCs) $ 1,202.07 * SJRWMD Black Creek Water Resource Charge: ($102.40 x 2.920186 ERCs) $ 299.03 * Wastewater Capacity Charge: ($4,345.34 x 2.920186 ERCs) $ 12,689.20 * (b) Debt Service Charge: ($246.79 x 2.920186 ERCs) $ 720.67 * (c) Meter Installation Charge • , • • • $• N/A ** ' (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording Fee $ 75.81 (g) Administrative Service Charge $ 100.00 Total $ 16.556.50 -2 - * - ERC charges are calculated at 2.920186 for water and wastewater based on a nail salon with 30 total pedicure stations,in accordance with the Utility's current Rate Resolution.There are established ERC credits of 2.989814 for water and wastewater,which were paid for under the previous agreement.After application of these credits,the net ERCs due for the expansion of the salon.are 2.920186 for water and wastewater. ** - The Developer will utilize the two existing 1-inch meters (Premise P013910 and Premise P013912). 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 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: WESTOVER EAGLE HARBOR,LLC Attn: Hadyn Cutler 3825 Camp Bowie Blvd. Fort Worth,TX 76107-3355 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 of the existing 1-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. - 3 - 7. Connection charges for this project were based on a nail salon having 30 pedicure chairs, 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$100.00 will be assessed to prepare the agreement, in addition to the above stated connection charges. At a very minimum,Developer shall report to Utility fifteen (15) days prior to each space being occupied initially or in the future, so that the water and wastewater ERC impact can be determined. If the impact of such tenant is greater than that calculated herein, an additional supplemental agreement shall be prepared and the additional charges paid,prior to occupancy of such tenant. 8. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement shall remain in full force and effect. 9. This Agreement will need to be executed by Developer,and the charges paid,prior to October 1, 2026,or this Agreement will be subject to any Service Availability charge increases currently approved, which may be applicable,or which may be approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,2026. [Signatures Begin Next Page] -4- IN WITNESS WHEREOF,Developer and Utility have executed or have caused this Agreement,with the named Exhibits attached,to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. WITNESSES: DEVELOPER: WESTOVER EAGLE HARBOR, LLC a Florida limited liability company Witnes 111414/ ft By: �� L'' '-i� (Seal) Print Name: �� r her McFGtt-IQ'h Hadyn Culter,Manager Witness: art cL. 1443u- t-WL Print Name: L -artt- Rout-0.24.-N STATE OF TE,XA S COUNTY OF Te g../zAti The foregoing instrument was acknowledged before me by means of ID physical presence or❑online notarization this e day of . L4+ ,2026;by HADYN CULTER,as MANAGER of VESTOVER EAGLE HARBOR,LLC,a Florida limited liability company,who is personally known to me- or has produced , as identification. ..(- 44L,a (-.7$ Print •': -: JU6-L& RJ Notary Public County and State Aforesaid a, My Commission Expires: is—15 - >` 4lo RITAIAID#34.SINGIE48348 ON 4r le My Commission Expires December 15,2028 [Signatures Continue Next Page] -5- WITNESSES: UTILITY: THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190,Florida Statutes, Community Development District, by its Board of Supervisors Witness 4/Jr - By: J� Print Name:0- yt e r.44a n ,of • Tabor, CDD Chairman Witness: Print Name: Ze./ r�r�it STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of CI physical presence or 0 online notarization, this 2,1 day of 5-eP .1-%.ko.,14_, , 2026, by JOHN TABOR, CHAIRMAN, BOARD OF SUPERVISORS OF THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT,on its behalf and with its authority,who is rsonally known-t'o me or has produced , as identification. 41 Notary Public S �„� M Marilee tGilesof Ftorlda t Print Name: oy'� pri y commissron Notary Public in and for the •- FXplreS 312412029 21342 County and State Aforesaid My Commission Expires:. 3 l z't 1 202• • RETAIL CENTER @ EAGLE HARBOR 1489 COUNTY ROAD NO. 220 SETTLEMENT AGREEMENT#2 FOR SALINA'S NAILS Parcel ID# 04-05-26-014190-005-02 Clay County • A p p�5e n#,Town h1p5i'SSf�td�#,Rzng . ,. .... .. . ..,. . . �,`.�.. ... .ems► � �: t:;r -,�;;�;��� � +r�.+ �. 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C_ r �j • 40 • y' Q r C • 1 I for 1489 County Road 220 greement for Additional ERCs p ® ! 11 I M 11 I 1,0.3, I/ �� C -:i-C-'5 ell I ti 11 (F 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. 11 1_P .I 1 1 CCUA C �� COIl Title: ___\` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: � Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features 'a Phone 904 272 5999ill■ Gravity Sewer Features t10/5/2026,10:07:10 AM�� Conservation.Commitment.Community = Forced Sewer Features �TYAUTN� 1 inch = 200 feet - Reclaimed Features