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HomeMy WebLinkAbout06.e.09 DA SS23.24-4 - Encore Nails Return to: Clay County Utility Authority 3176 Old Jennings Road SS23/24-4 Middleburg,Florida 32068-3907 Parcel Number: 07-04-25-007869-001-08 ENCORE NAILS Clay County 3460 ROYAL PINES DRIVE, SUITE 101 SETTLEMENT AGREEMENT#1 (Spencer System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this greement ) t day of '"4i2C14 , 2024, by and between ROYAL PINES SHOPPING CENTER BLDG A, 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,this Agreement is for the purpose of modifying Developer Agreement SS22/23-7 for the project between Royal Pines Shopping Center,LLC and Clay County Utility Authority,dated April 11,2023,as recorded in Official Records Book 4712,pages 580 through 595 of the public records of Clay County,Florida,to assess the additional capacity charges for the new tenant,Encore Nails,as a nail salon having 16 pedicure chairs, now occupying suite 101, which exceed those covered 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: ($450.00 x 2.277 ERCs) $ 1,024.65 * Alternative Water Supply Surcharge: ($388.01 x 2.277 ERCs) $ 883.50 * SJRWMD Black Creek Connection Charge: ($105.19 x 2.277 ERCs) $ 239.52 * Wastewater Capacity Charge: ($4,100.00 x 2.277 ERCs) $ 9,335.70 * Environmental Impact Charge: ($410.00 x 0.00 ERC) $ N/A (b) Debt Service Charge: ($191.00 x 2.277 ERCs) $ 434.91 * (e) Meter Installation Charge $ N/A ** (0 Plan Review Fee $ 38.50 (g) Inspection Fee $ 38.50 (h) Recording&Administrative Fee $ 152.50 / Total $ 12,147.78 * - Includes 3.152 ERCs for water and wastewater, based on a nail salon having (16sixteen pedicure chairs, all in accordance with Utility's Rate Resolution. Less the 0.87500 water and wastewater ERC paid in the original agreement SS22/23-7. ** - The Developer will utilize the 3/4-inch potable water meter paid for in the original Developer Agreement. • -2- 3. Developer shall install or have installed a reduced pressure type backflow prevention device which shall be located immediately downstream of Utility's 3/4-inch potable water meter,which is proposed to service Developer's facilities 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 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 installation and annual recertifications shall be the responsibility of the Developer, its successors or assigns. 4. Developer shall install or have installed grit/sand trap interceptors (stainless steel sand screens)for each floor drain in the facility, in accordance with Utility's requirements for same. Developer shall also be responsible for the continued maintenance and cleaning of said grit/sand interceptors, or causing its tenant to perform same, and such interceptors shall be subject to periodic unannounced • inspections by Utility. Developer's maintenance staff shall assist (or cause its tenant to assist) Utility personnel by removing the floor drain grates for this inspection of the grit/sand collectors. 5. 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. 6. 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. 7. 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,and if to Developer,shall be mailed or delivered to Developer at: Royal Pines Shopping Center, Bldg.A,LLC. Attn: John W. O'Connor 1824 Town Center Boulevard, Suite 201 Fleming Island, Florida 32003 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. 8. Connection charges for this-project were based on the 16 pedicure chairs for Encore Nails,a nail salon, 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 the same, as the additional ERCs are determined for future tenants or Property/project owner or Lessor, which require greater water and wastewater flows. -3- 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,the 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. • 9. All of the conditions of the original Developer Agreement SS22/23-7,dated April 11,2023, as recorded in Official Records Book 4712, pages 580 through 595 of the public records of Clay County, Florida, shall remain in full force and effect, except as modified herein. 10. This Agreement will need to be executed by the Developer,and the charges paid(shown on page 1, of the 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: ROYAL PINES SHOPPING CENTER, BLDG. A LLC, a Florida limited liability company Witness: By: W- (Seal) Print Nam . t John W. O'Connor, Manager Witness: A' ✓ h2�"P0r�i�� 7 Print Name: ( at �1�►cA4iici _ • STATE OF cZr z 194 COUNTY OF (Lft y The foregoing instrument was acknowledged before me by means of El physical presence or❑online notarization this 1 ( day of +'`l11f70W , 2024, by JOHN W. O'CONNOR, as MANAGER of S SHOPPING CENTER, BLDG. A, LLC, a Florida limited liability company, who is ersonally known o me or has produced ,as identification. �""�' Prin Name: A'eiL 7 Notary Public State of Florida Andrew B MacArthur Notary Public llfl My Commission HH 485689 State of Florida at Large Expires 1l28/2028 My Commission Expires: -4- WITNESSES: UTILITY: CLAY COUNTY UTILI THORITY � I W itne .- By: - Prin ame: 'tJ M 'Je m Jo ston, .E., M.B.A. Ex u i for �e �Pc-Ratt-- (Corporate Seal) Witness: Print Name: Summer P. Berndt STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization, this (a4h day of frIfirlct h , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. 61.1m, (4192;dizr 44 I/, SUMMER.P B E R N DT Print Name: Summer P Berndt o�� `°4r Notary Public-State of Florida Notary Public in and for the �_ dni os �h Commission#HH 450194 T:YTYo�:' My Commission Expires County and State Aforesaid ,.�p� ''�iiu�"� January 26, 2028 CEO My Commission Expires: D►�o�(0� ENCORE NAILS 3460 ROYAL PINES DRIVE, SUITE 101 SETTLEMENT AGREEMENT#1 Parcel Number: 07-04-25-007869-001-08 Clay County EXHIBIT "A" A parcel of land situated in Lot 3, Armstrong Plat,Clay County,Florida,according to plat thereof recorded in Plat Book 59,pages 34 through 38 of the public records of said county, said parcel being more particularly described as follows: • Commence at the northwest corner of said Lot 3; thence on the north line thereof,North 87 degrees 38 minutes 38 seconds East,968.42 feet to the east line of those lands described in Official Records Book 4365,page 269 of said public records; thence on said east line,South 02 degrees 21 minutes 47 seconds East,211.49 feet; thence'North 90 degrees 00 minutes 00 seconds East,303.09 feet; thence South 00 degrees 00 minutes 00 seconds East,36.00 feet to the point of beginning; thence continue South 00 degrees 00 minutes 00 seconds East, 100.00 feet; thence North 90 degrees 00 minutes 00 seconds East,60.00 feet; thence North 00 degrees 00 minutes 00 seconds West, 100.00 feet; thence South 90 degrees 00 minutes 00 seconds West, • 60.00 feet to the point of beginning. Together with Reciprocal Easement and Maintenance agreement as recorded in OK Book 4722,, page 1726,of the public records of Clay County,Florida. 12"RM on OL2-2 \`��N'�"^ aq ��`/bb,. Bow 0 : . ���`.V`► I 0 I C O 2 I ir I 411. o ©' '• • di I i 'T^ C 0 I ..rI co i it II I i __.,11 11 il 111 1111 1�1 Royal Pines Shopping Center ii ccri o 1rc `iI I o f,1 4 �,4 I Q' /i I ,o /1/ \ 1. 4o 41) r" 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. "--1 \\ CCUA (--C1C017 Title: \` Clay County Utility Authority CCUA Web Map i- 3176 Old Jennings Road Info: rani Middleburg, Florida 32068-3907 — Water Features Prepared by CCUAGIS Portal 'a Phone(904)272-5999 - Gravity Sewer Features J� :t 3/13/2024,1:47:08 PM CI Forced Sewer Features Conservation.Commitment.Community 4}'AUTN� 1 inch = 100 feet — Reclaimed Features