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HomeMy WebLinkAbout05.e.01 DA CU23.24-3 - Tomi 168 LLC Return to: CU23/24-3 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 CLAY PLAZA SHOPPING CENTER 1339 BLANDING BLVD, SUITE 6, SETTLEMENT AGREEMENT #3 FOR TOMI 168,LLC Parcel No. 28-04-25-008055-000-00 (Clay Utility System) Clay County Name of Project DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this day of 2024, by and between CLAY PLAZA INVESTORS, LLC, a Florida limited liability company, 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,Developer desires that the Utility provide central water,pumping,treatment and distribution service and/or central wastewater collection,treatment and disposal service for the Property; WHEREAS,the Utility is willing to provide, in accordance with the provisions of this Agreement,central . water and wastewater service to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive adequate water and wastewater service from the Utility; and WHEREAS, the parties wish to enter into this Agreement setting forth their mutual understandings and undertakings regarding the furnishing of water and/or wastewater service by the Utility to the Developer's Property. 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. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of delivery. (b) "Contribution-in-Aid-of-Construction (CIAC)" - The sum of money and/or the value of Property represented by the cost of the wastewater collection system, potable water distribution system, and reclaimed water distribution system constructed or to be constructed which Developer or owner transfers,or agrees to transfer, to Utility, if so designated by the Utility, at no cost to Utility to provide utility service to specified Property. (c) "Equivalent Residential Connection(ERC)" -A factor expressed in gallons per day (GPD) which is used to convert a given average daily flow(ADF)to the equivalent number of residential connections. For this purpose the average daily flow of one potable water ERC is(450)GPD and one wastewater ERC is(311)GPD. (d) "Point of Delivery" -The point where the pipes or meter of Utility are connected with the pipes of the consumer. Point of delivery for water service shall be at the consumer's side of the meter and for wastewater service at the lot or Property line. Utility shall, according to the terms and conditions hereof, own all pipes and appurtenances to the point of delivery unless otherwise agreed. The pipes and appurtenances inside the point of delivery shall belong to others. -2 - C (e) "Service"-The readiness and ability on the part of Utility to furnish and maintain water and wastewater service to the point of delivery for each lot or tract pursuant to rules and regulations of applicable regulatory agencies. • 3. Assurance of Title-Developer represents and warrants that he is the owner of the Property and has the legal right to grant the exclusive rights of service contained in this Agreement. Upon request,Developer agrees to deliver to Utility evidence of such ownership including any outstanding mortgages,taxes, liens and covenants. 4. Connection Charges-In addition to the contribution of any wastewater collection 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: ($450.00 x 0.34368 ERCs) $ 154.66 * Alternative Water Supply Surcharge: ($388.01 x 0.34368 ERCs) $ 133.35 * Wastewater Capacity Charge: ($4,100.00 x 1.041301 ERCs) $ 4,269.33 * Environmental Impact Charge: ($410.00 x 1.041301 ERCs) $ 426.93 * Debt Service Charge: ($191.00 x 0.34368 ERCs) $ 65.64 * SJWMD Black Creek Water Resource Connection Charge ($105.19 x 0.34368 ERCs) $ 36.15 * (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 $ 5,320.06 * - Includes 0.640000 ERCs for water and 1.337621 ERCs for wastewater based on the fixture unit count for the takeout only restaurant,all in accordance with Utility's Rate Resolution.Less the 0.296320 water and wastewater ERCs paid for in a prior Developer Agreement. ** - Developer to utilize the existing 5/8 x 3/4-inch meter. Existing Route (CU04-178003). Note: Items (d) and (e) are estimates and are subject to adjustment based on actual costs incurred. 5. 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. X..Swiee AvaililatylDreloper Agreement Master Fdell.cloret A6mement The Silo Sh'ppea llmuge Farms\AGR1339Nan&,.sm.3 SEli1F_\ENTAGREE\(EWTA3 Coral flq.doe - 3 - 6. 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 (email), and if to Developer, shall be mailed or delivered to Developer at: Mr. Kent Cost Clay Plaza Investors, LLC 240 Brookstone Centre Parkway Columbus, GA 31904 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. 7. Developer shall continue to 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 installations 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. 8. 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. 9. 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 floor drain 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. 10. 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. 11. 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. 12. Connection charges for this project were based on the fixture unit count for Tomi, a takeout 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. %Also.it AvaiLhJity0evclopm Agrccm.Watcr FiklDcvcloper Agc®mtaMc Silo Shop,g Malta,Fa,m.UGRl,,9blmdive.uilv3 SETMIE\ENT AMU EMlTF2Drat Clp.doc -4 - 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. 13. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2, of Agreement),prior to October 1,2024,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, 2024. 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: CLAY PLAZA S ,LLC, a Florid ite4l i i ' co ny Witness: By: Print Name: (p O I 1 Lj///Jams Ken/ ost,Manager Witness: `'' ` (Corporate Seal) Print Na : Kt;*11 t%/her- STATE OF 6 .(3 e6-�� COUNTY OF rY\USCrM6e The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this gnd day of 5t1nrti.av� ,202,4 by KENT COST, as MANAGER of CLAY PLAZA INVESTORS,LLC, limited liability company,who ispersonally_known to me or who has produced_ GParcg,a , as identification. PO e. Printed Name: Ca 51 er P. 124,i a neA Notary Public, State of f4erricla at Large My Commission Expires: t R•,,rg 0. �eeeeG3',�OSf.S4Y`e e� I�'� • a r i GIN� �._ aGDlz' 1 _ 2q21 l9, a� ge4���r ec G c k-0t.�� iiii asa0 C#LC�l�ae %lSc vice Avada6i6t,Vkveleaer Agreement Muter FtkVkvaercr Agrtemau\TTe Sde Shot,..ej 1leiiagc Farm.NGR.1)J91 mdN6.uite 5 SETTLE-VEST AGRFE\IF_NT52 C.r S Clip.dee • - 5 - • • • WITNESSES: UTILITY: • CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State ofFlorida kV6) s --� Witnes . By: Print Name: 4andra M. 131 Q y. J e D. hnst n,P.E., M.B.A. ech - irecp (Corporate Seal) Witness. Print Name: Summer . dt • • STATE OF FLORIDA COUNTY OF CLAY ' • The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online • notarization this`'1 dayof 2024, byJEREMY D. JOHNSTON, as EXECUTIVE 'µ'1 DIRECTOR of the CLAY COUNTY U ILITY AUTHORITY,an Independent Special District of the State of Florida, who is personally known to me or who has produced , as identification. • o 0,11, SUMMER P BERNDT fnc: Notary Public-State of Florida Print Name: Summer P. ern ?� tjj po�c Mmmission#HH 450194 ea< ,� y Commission Expires Notary Public I"`0 January 26, 2028 •-••�... State of Florida at Large My Commission Expires: OtiVoit7g • • • • • • • XAServicc Avcilab.litpkvclerer Agreement Master Fdarlevclaper Agrt®eaulThc Sde Shwa(4,I Wage Fam.WGRI339 blanGng.wta 5 SETTLEMENT AGREflIE\T%2 Cr.Clip,Anc CLAY PLAZA SHOPPING CENTER 1339 BLANDING BOULEVARD,SUITE 5 SETTLEMENT AGREEMENT#3 TO ACCOMMODATE TOMI 168,LLC EXHIBIT "A" Being all that piece or parcel of land lying and situated at the intersection of Blanding Boulevard (S.R. 21) and Knight Boxx Road (County Road #S-220-B) and being a portion of the East half of Section 28, Township 4 South, Range 25 East in Orange Park, Clay County, Florida. Commencing at the NE corner of the NE quarter of the SE quarter of Section 28, T4S, R25E and running S 89°50'46" W for 32.85 feet more or less to a point on the western right-of-way of Knight Boxx Road; thence running with the right-of-way of Knight Boxx Road S 00°10'48" W for 210.00 feet more or less to the northeast corner property of Crystal Pools & Spas of N. Florida, Inc. (P.O.B. ORB 1516 Page 1216)which is the True Point of Beginning. Thence leaving Knight Boxx Road and running with property of Crystal Pools & Spas of N. Florida, Inc. S 87°29'10" W for 405.57 feet (Basis of Bearings); thence N 02°30'37" W for 391.09 feet to a point on the southeastern right-of-way of Blanding Boulevard (S.R. 21); thence with Blanding Boulevard N 55°12'31" E for 421.62 feet to an iron pin set with cap; thence a non-radial curve to the right (concave southernly) with a chord bearing of S 62°16'25" E for 88.72 feet (R=50.00', L=109.12') to a found concrete monument on the western right-of-way of Knight Boxx Road(County Road S-220-B); thence with Knight Boxx Road two courses to-wit: S 00°24'08" W for 177.86 feet to a found concrete monument; thence S 00°1.0'48" W for 394.37 feet to the Point of Beginning. Contains 5.022 Acres more or less. Less and except those lands described and recorded in Official Records Book 3324,page 798 of the Public Records of Clay County, Florida. � / M // :�: My~ < S O • z.I. Ici • © 1. 4'' r (- _ _ -- - /7A1 \•0,c, �% w _ _• -- 1 \ 0 Z `\ i PS174 O` G�‘ 21J C 77 ,-- • VI"' S — 7 7 : • PS 0 46 I.-L=1- __ _ Clay Plaza Shopping Center Q --1 Vs"' ----7 0 % S �t j 111 u • i X / O m � - � C- --PSi 11111 i r ...,- 16p. 0 T L II 0ID • ► L. 0 • o • — M©©QQ©©I1 1 rSty...+,1� # 47IN—_ •; S +. 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. C) Q1_. CCUA 1 (6c C0V�T Title: ___ \ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: 1 Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features 'a Phone 904 272 5999III■ Gravity Sewer Features t21g12024,4:06:21 PM�� Conservation.Commitment.Community Ill■ Forced Sewer Features �TYAUTNu 1 inch = 200 feet - Reclaimed Features