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HomeMy WebLinkAbout06.e.04 DA KU22.23-47 - Black Rifle Coffee Company Return to:Clay County Utility Authority KU22/23-4�7 3176 Old Jennings Road Middleburg,Florida 32068-3907 1619 COUNTY ROAD NO.220, SETTLEMENT AGREEMENT#1 FOR BLACK RIFLE COFFEE COMPANY Parcel No. 05-05-26-014190-008-04 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT ,THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this day of "r(1 , 2023, PROPERTY MANAGEMENT SUPPORT, INC., a Florida corporation, as Trustee of P o North Land Trust, U/T/A dated September 23, 1998, 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"); and WHEREAS, this Agreement is for the purpose of modifying the original Developer Agreement, for the project between Property Management Support, Inc., and The Crossings at Fleming Island Community Development District,dated September 20,2002 titled AmSouth Bank at Eagle Harbor, 1619 County Road No.220 for the purpose of assessing the additional capacity charges for Black Rifle Coffee Company,which exceeds those capacity charges paid for in the original 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: ($360.00 x 0.196 ERCs) $ 70.56 * Alternative Water Supply Surcharge: ($376.71 x 0.196 ERCs) $ 73.84 * SJWMD Black Creek Water Resource Charge: ($108.77 x 0.196 ERCs) $ 21.32 * Wastewater Capacity Charge: ($3,200.00 x 0.196 ERCs) $ 627.20 * Debt Service Charge: ($149.00 x 0.196 ERCs) $ 29.20 * (b) Meter Installation Charge $ 1,13 5.47 ** (c) Plan Review Fee $ 385.00 (d) Inspection Fee $ 154.00 (e) Recording Fee $ 57.25 (f) Administrative Service Charge $ 100.00 Total $ 2,653.84 * - Includes 1.696 ERCs for water and wastewater,for a coffee shop having 32 seats based on Utility's Rate Resolution.Less the 1.50 water and wastewater ERCs paid for in a prior Developer Agreement. ** - Includes one 1 1/2-inch potable meter,Customer to utilize the existing 1-inch reclaimed water meter. The existing 1-inch potable water meter will be removed by Utility. Note: Items (c) and(d) are estimates and are subject to adjustment based on actual costs incurred. - 2 - 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: Property Management Support, Inc. 1 Sleiman Parkway, Suite 270 Jacksonville, Florida 32216 and if to the Utility at: The Crossings at Fleming Island Community Development District do Mr. Steve Anderson 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 install or have installed a reduced pressure backflow prevention device which shall be located immediately downstream of Utility's 1 1/2-inch potable water meter 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 recertifications must be submitted to Utility for its records. These installations and annual recertifications 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, reclaimed water meters,and all facilities downstream of the downstream side of the potable,reclaimed water meters shall be owned and maintained by Developer. Utility shall have access to the water, reclaimed water meters 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 facilities, 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 floordrain grates for this inspection of the grit/sand collectors.Developer shall maintain records of maintenance and cleaning. Those records shall be made available to the Utility upon request. 8. Developer shall install or have installed a grease/sand interceptor 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. 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 - 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 Black Rifle Coffee Company,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. Except as expressly modified and amended herein by this Modification Agreement, all .of the conditions of the original Developer Agreement between Property Management Support,Inc.and The Crossings at Fleming Island Community Development District,dated September 20,2002,titled AmSouth Bank at Eagle Harbor, 1619 County Road No. 220 shall remain in full force and effect as originally executed. 12. This Agreement will need to be executed by Developer, and the charges paid(shown on page 2, of Agreement),prior to October 1,2023,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, 2023. [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: PROPERTY MANAGEMENT SUPPORT, INC., a Florida corporation, as Trustee of Pasco North Land Trust, U/T/A dated September 23, 1998 • Witness: � By: Print Name r4d1 1-11e /ati --Arntho• in-ran7Presi Witness: • Print Name L✓) 4,�,, (Corporate Seal) STATE OF F(dr`ca • �(�e 12 J COUNTY OF C� A i i awe v • • re5'Went The foregoin instrument was acknowledged before me by means of ❑x physical pence o ❑ online notarization this Z day of 6401 ,2023,by- ,the P of PROPERTY MANAGEMENT SUPPORT, INC., a Florida corporation, as TRUSTEE of PASCO NORTH LAND TRUST, U/T/A dated SEPTEMBER 23, 1998 on its behalf and with its authority, who is personally known to me or who has produced , as identification. Printed Name: i {&c tr\o_ r( 5 Notary Public, State of 11(O A at Large My Commission Expires: 5Q nvaty 16 1007a"`"` � FRANCINE HARRIS • is .i:j MY COMMISSION#HH 346329 '•fi 0. EXPIRES:January 4,2027 _ - ►R • XAService AvailabilityIDevdeper Agreement Master File\Developer AgreementN@e Silo Shopper @ Heritage FarmstAGRDLACA RIFLE COFFEE COMPANY 1619 County Road_1U.SETLLEMENT AGREE\IENTRI doe • - 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: / �+ By: / (Seal) Print Name: .GPJ�r,�l"C/,e•-1 •i"i'TTabor, CDD Chairman Witness: 9� Print Nair /Qo 6 fY-Qv 6k/chMQ n STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was Lac-k�nowledged before me by means of El physical presence or ❑ online notarization this 0 day of a C P� , 2023, 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 personally known to me , as identification. 7-9i1/1/v'teThi7-bieetchel Printed Name: Notary Public, State of at Large My Commission Expires: 1 ,tYouB DAWN DECAMINADA _° 1��`• Notary Public-State of Florida Q I_ Iau f Commission#NH 444/88 orn/ My Comm.Expires Sep 14,2027 I 'Bonded through National Notary Assn. I � � � v� ��� e ♦ I � _ % X\Senice AvailabilitylDeveloper Agreement Muter FileMovcloper AgcementsPho Silo Shopper @ Heritage Fmms1AGR.13LACR RIFLE COFFEE COMPANY 1619 County Road 220.SEFFLESIENT AGREEMENTRI.doc BLACK RIFLE COFFEE 1619 COUNTY ROAD 220 Parcel Number: 05-05-26-014190-008-04 EXHIBIT "B" A parcel of land situated in Section 5,Township 5 South,Range 26 East, Clay County,Florida, said parcel being more particularly described as follows: Commence at the Northwest corner of said Section 5;thence North 89 degrees 52 minutes 02 seconds East, along the North line of said Section 5, 1,331.10 feet;thence South 04 degrees 23 minutes 00 seconds West, 52.04 feet to the Southerly right-of-way line of County Road No. C-220; thence North 89 degrees 55 minutes 39 seconds East, along said Southerly right-of-way line 2,578.85 feet to the Point of Beginning; thence continue North 89 degrees 55 minutes 39 seconds East, along said Southerly right-of-way line, 132.18 feet to an angle point in said Southerly right-of-way line; thence North 89 degrees 36 minutes 48 seconds East, along said Southerly right-of-way line, 49.18 feet; thence South 00 degrees 23 minutes 12 seconds East,departing said right-of-way line,231.61 feet;thence South 89 degrees 36 minutes 48 seconds West, 181.36 feet; thence North 00 degrees 23 minutes 12 seconds West, 232.33 feet to the Point of Beginning. Contains 42,053 square feet or 0.965 acres, more or less. I / / , 1556 7.1\iN t 15b0 W/ �E S COUNTY ROAD 220 • I. 8'FM on C22U-1,C22U-2,EH1- I I Black Rifle Coffee Company ( 0627 = c 0 I c c- cp c--C. c� • Q.n„ ., �u+3,_RM on EH1 8 1, EH1 9 C ��WM on EH1=9=4' ��►� ilin I. • ,� �1sl • 69 0 L m 1g 190 _ _ d n w © C = m 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 I 1 f rt 8"GM on 1=H1-9-4 CCUA (6c COU--; Title: ___ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: � / Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features /`� Phone(904)272-5999tt� Gravity Sewer Features / 71/14I2023,12:14:29 PM�� Conservation.Commitment.Commundy. Forced Sewer Features 2TYAUTN° 1 inch = 100 feet m Reclaimed Features