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HomeMy WebLinkAboutDA KU21.22-46 - 2219 County Road 220, Unit 317 Return to: KU21/22-46 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 THE SILO SHOPPES @ HERITAGE FARMS 2219 COUNTY ROAD NO.220 BUILDING 3,UNIT 317 SETTLEMENT AGREEMENT#39 Parcel No. 02-05-25-008827-131-29 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT . T1\ THIS M IFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this day of 22,by and between 2223 CR 220#202,LLC,a Florida limited liability company, hereinafter referre to as D eloper",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"); and WHEREAS,this Agreement is for the purpose of modifying Developer Agreement KU05/06-81,dated June 16,2006,and recorded in Official Records Book 2753,pages 453 through 466,Developer Agreement KU06/07-62, dated June 20, 2007, and recorded in Official Records Book 2922, pages 412 through 424 for the purpose of assessing additional capacity charges for Benito's.Italian Restaurant& Pizza, now occupying Unit 317 of 2219 County Road 220,which exceeds those capacity charges paid for in the 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: ($360.00 x 2.142667 ERCs) $ 771.36 * Alternative Water Supply Surcharge: ($365.74 x 2.142667 ERCs $ 783.66 * Wastewater Capacity Charge: ($3,200.00 x 2.16436 ERCs) $ 6,925.95 * Environmental Impact Charge: ($410.00 x 2.16436 ERCs) $ 887.39 * Debt Service Charge: ($167.00 x 2.142667 ERCs) $ 357.83 * SJWMD Black Creek Water Resource Connection Charge ($100.25 x 2.142667 ERCs) $ 214.80 * (b) Customer Connection Charge(Tap-in)-Water $ N/A Customer Connection Charge(Tap-in)-Wastewater $ N/A c) Meter Installation Charge $ N/A ** d) Plan Review Charge $ 38.50 e) Inspection Charge $ 38.50 f) Recording Fee $ 57.00 g) Administrative Service Charge $ 100.00 Total $ 10,174.99 - 2 - * - Includes 2.756 ERCs for water and wastewater for Unit 317, a restaurant having 52 seats based on Utility's Rate Resolution. Less the 0.613333 water and the 0.591640 wastewater ERCs paid for in prior Developer Agreements. ** - Developer to utilize the existing 5/8-inch x 3/4-inch meter, for Unit 317. 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 telegram,and if to Developer,shall be mailed or delivered to Developer at: 2223 CR 220 #202, LLC Attn.: Rajmonda Gjondrekaj 4417 Beach Boulevard, Suite 104 Jacksonville, Florida 32207 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 backflow prevention device which is located immediately downstream of Utility's one (1) 5/8-inch x 3/4-inch potable water and such installation shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the completion of the installation of said device,Developer shall provide to Utility for its permanent records the Make,Model,Size and Serial Number of said device. Furthermore,this device must be tested and recertified by a certified backflow prevention 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. This installation and annual recertification shall be the responsibility of the Developer or its successors and assigns. 6. The Utility shall own and maintain all facilities upstream of the downstream side of the potable water meter, and all facilities downstream of the downstream side of the potable water meter shall be owned and maintained by Developer.Utility shall have access to the water meter for meter reading and maintenance purposes. 7. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens) for each floor drain in the facility that are not connected to the grease/sand interceptor, in accordance with Utility's requirements for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors, and such interceptors shall be subject to periodic unannounced inspections by Utility. Developer's maintenance staff shall assist Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors. 8. Where food preparation facilities or other facilities that are subject to discharge greases into the wastewater collection system are part of the development of the property,or where floor drains are connected to the wastewater collection system, Developer shall install or have installed a grease/sand interceptors, meeting the requirements of the Clay County Department of Health&Rehabilitative Services and the Florida Building Code, which shall be designed and constructed in accordance with Utility's specifications for same. Such installation shall be provided by a Florida Licensed Plumbing Contractor. y - 3 - The grease/sand interceptor shall be designed for the facilities connected to same,however,in no event shall be the capacity be less than 1,000 gallons. 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. In addition, all floor drains shall be connected to the grease/sand interceptor. 9. Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain storm water, shall not connect to Utility's wastewater system. 10. Connection charges for this project were based on the number of seats for the restaurant, 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. 11. All of the conditions of Developer Agreement KU05/06-81, dated June 16, 2006,and recorded in Official Records Book 2753,pages 453 through 466,Developer Agreement KU06/07-62,dated June 20,2007,and recorded in Official Records book 2922, pages 412 through 424, shall remain in full force and effect, except as modified herein. 12. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2,of Agreement),prior to October 1,2022,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, 2022. [Signatures begin on 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: 2223 CR 220#202,LLC, a Florida limited liability company Witness: — By: ie2t0/Lu. Print Name: jmonda Gjo ekaj, Auth Member Witness: (Corporate Seal) Print Nam . 8y w Moce1s STATE OF0 .1 ia,� COUNTY OF at The foregoing instrument was acknowledged before me by means of© physical presence or ❑ online notarization this - day of TGchUO ,2022,by RAJMONDA GJONDREKAJ,as AUTHORIZED MEMBER of 2223 CR 220 #202,LLC, a lorida limited liability company, who is personally known to me or who has produced , ( ,. __ , as identification. '47--7L).AkkiLU Printed Name: t' rZL-' o"v rke`,� Commission Expires Katty Esparza Notary Public, State of Florida at Large 10/29/2022 • State of Florida My Commission Expires: P� My 4o,no Commission No. GG 252522 A i - 5 - WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State of Florida Witndir. 11k0.�� kiup A '�t A t By: '\ • ^-��► �ta� � Print r 4. n a ' . `1 f>o J.re• fig m sto , P.E.,M.B.A. 'xecu •v - or 111 p i4 (Corporate Seal) Witness: 1MA I ' W. Print Name: Summer P. Berndt STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization this `i day of Z4I11(' , 2022, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,an Independent Special District of the State of Florida, who is personally known to me. _c5onv Paoli Notary Public State a Florida Print Name: Summer P. Berndt Summer P E Berndt NotaryPublic y i My Commission GG 950878. �jwres o,nerzosa State of Florida at Large i; My Commission Expires: 01 Icg49M r _ THE SILO SHOPPES @ HERITAGE FARMS 2219 COUNTY ROAD NO.220 BUILDING 3,UNIT 317 SETTLEMENT AGREEMENT#39 Parcel No: 02-05-25-008827-131-29 Clay County EXHIBIT "A" Unit 317 of the Silo Shoppes at Heritage Farm, a Condominium according to the Declaration of Condominium thereof,recorded in Official Records Book 2835,Page(s) 1-214,of the Public Records of Clay County,Florida,and any amendments thereto, together with its undivided,slbare�.in,Ae co3mgn elements. JE/1bn198 .q eJmrrs 2 + . �N�j W_'�t E COUNT 'ROAD 220 • S 16°FM 02�j onKC220-6 — gl „,„, ' I ______J p • 225 - r1,C'C • I NI NI El p _.., PA I • T= ►t Q U') •� 8 ', Benitos Italian -'�, p © 3.o Restaurant t!<' 0 ►. o r t ► ` i CI Cr: '• p \ 1). p __1\\ ' i .• h► 1 tailffiailleill��`. • vo ► o. .NM✓2 f..l .r V� 4 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 t* 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 IMI 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 drawing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field 57 1.-4 verify all site,property,infrastructure,and utility information prior to any decisions or actions. j j 4 ►- �oi COV Ni Title: . , Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road Info: �I Middleburg, Florida 32068-3907 — Water Features Prepared by CCUAGIS Portal G '' Phone 904 272 5999 - Gravity Sewer Features J� �t 1/10/2022,10:07:39 AM — Forced Sewer Features Q. Conservation.Commitment.Commundy STY AUTO 1 inch = 100 feet mi Reclaimed Features