HomeMy WebLinkAbout08.e.05 DA KU23.24-34 - Orange Park Dialysis Return to:
Clay County Utility Authority
3176 Old Jennings Road KU23/24-34
Middleburg,Florida 32068-3907
Parcel Number: 05-04-26-019825-001-63 ORANGE PARK DIALYSIS
Clay County 1560 WELLS ROAD, SUITES 103 - 105
SETTLEMENT AGREEMENT#4
(Kingsley System)
Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into
this ,;0G day of Agri ( ,2024,by and between ORANGE PARK RETAIL,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,this Agreement is for the purpose of modifying Developer Agreement KU04/05-3,for
the project between Wells Shopping Center Partners II, LLLP and Clay County Utility Authority, dated
September 28,2004,(Exhibit"C")to assess the additional capacity charges and fire flow capacity changes
for the new tenant, Orange Park Dialysis, as a medical facility, now occupying suites 103 through 105,
which exceed those 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 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 4.037193 ERCs) $ 1,816.74 *
Alternative Water Supply Surcharge:
($388.01 x 4.037193 ERCs) $ 1,566.47 *
SJRWMD Black Creek Connection Charge:
($105.19 x 4.037193 ERCs) $ 424.67 *
Wastewater Capacity Charge:
($4,100.00 x 5.103217 ERCs) $ 20,923.19 *
Environmental Impact Charge:
($410.00 x 5.103217 ERC) $ 2,092.32 *
(b) Debt Service Charge:
($191.00 x 4.037193 ERCs) $ 771.10 *
(c) Fire Protection Charge $ 15,810.00 **
(d) Meter Installation Charge $ 1,371.82 ***
(e) Plan Review Fee $ 308.00
(f) Inspection Fee $ 211.75
(g) Recording& Administrative Fee $ 197.31
Total $ 45,493.37 ✓'
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* - Includes 4.037193 ERCs for water and 5.103217 ERCs for wastewater, based on a fixture
unit count, all in accordance with Utility's Rate Resolution. Credit of 1.096140 water and
wastewater ERCs paid for in the original Developer Agreement, have been applied.
** - Based on 1,000 GPM of internal fire flow @$15.81 per gallon.
*** - Includes one 2-inch potable water meter without a meter box.
Note: Items (e) and (f) are estimates and are subject to adjustment based on actual cost incurred.
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules and
regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon
the above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by,through or under Developer,or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the potable water, reclaimed water, or
wastewater facilities and properties of Utility,and all prohibitions applicable to Developer with respect to no
refund of such charges,no interest payment on said charges and otherwise,are applicable to all persons or
entities.
Paid capacity or connection charges may not be applied to offset any service bill or other claims of
Utility.
3. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines, laterals, mains, lift stations, pump stations and appurtenant facilities
(collectively referred to as "Components" or "On-Site System") on the Property with all contractual
guarantees relating thereto. Conveyance shall take place within a reasonable time after installation of the
On-Site System but prior to Utility's obligation to provide service. Until such time as the On-Site System is
conveyed, the same shall be operated and maintained by Developer. In its sole discretion, Utility may
decline to accept the On-Site System,may lease the On-Site System from Developer,or agree to such other
arrangement as it deems appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications,connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility, if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required, they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all potable water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the potable water,
wastewater,and reclaimed water systems for the project. The proposed electrical transformer layout of the
electric utility providing service must be provided to the Utility prior to commencement of construction.
Developer shall guarantee Utility against defects in material and workmanship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects, latent or otherwise,with respect to workmanship, materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility
on or before such date.
The Developer shall also provide to the Utility,at Developer's sole expense,such maintenance bond
and other form of security acceptable to Utility in such amounts approved by Utility, which by its or their
express terms protect and indemnify Utility against any loss, damage, costs, claims, debts or demands by
reason of defects, latent or otherwise, in the system to be and remain in effect for two(2)years from the date
of the system acceptance by Utility.
In addition to any other promises,guarantees or warranties to be provided by Developer to the Utility
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,claims,debts
or demands by reason of defects, latent or otherwise, in the system which could not have been reasonably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)years from
the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by Utility,title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed
shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such potable
water distribution, reclaimed water distribution, and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors
during construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations, maintenance and parts manuals, as-built plans complying with
Utility's specifications, and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which potable water, reclaimed water, and wastewater systems are installed, with adequate legal
access to same, by recordable document satisfactory to Utility.
(t) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites, along with recordable ingress/egress easement
documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida
Department of Environmental Protection certifying installation of all potable water and wastewater facilities
in accordance with approved plans.
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4. Off-Site Installations - Developer shall further construct all transmission mains, pump
stations and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point
in Utility's transmission system,as determined by Utility. Utility may require Developer to oversize off-site
transmission mains and appurtenant facilities in a manner consistent with Utility's Wastewater System
Master Plan. The costs associated with construction of over-sized facilities which provide Utility with
excess capacity for the benefit of other properties may be subject to refundable advance treatment pursuant
to Utility's Service Availability Policy. The same construction standards, warranty requirements,
maintenance bond requirements, transfer of title by Bill of Sale, and indemnification requirements, as
provided under paragraph 5. of this Agreement, shall also apply to the Off-Site installations.
5. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer, or an appropriate phase thereof, and compliance with the terms and conditions of
this Agreement and Utility's Service Availability Policy, Utility will allow connection or oversee the
connection of the water distribution facility and wastewater collection facility installed by Developer to the
central facilities of Utility in accordance with all rules, regulations and orders of the applicable
governmental authorities. Utility agrees that once it provides water and wastewater service to the customers
within the Property that it will continuously provide such service,at its cost and expense,but in accordance
with the other provisions of this Agreement, the then current Rate Resolution in effect for Utility, and the
requirements of the governmental authorities having jurisdiction over the operations ofUtility. Utility shall
not be liable for any temporary interruptions in service as a result of equipment failure,emergencies or Act
of God.
The covenants and agreements of Developer contained in paragraphs 5,6 and 7 hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then,notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
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 mail,and if to Developer,
shall be mailed or delivered to Developer at:
Orange Park Retail, LLC.
Attn: Glenn Becker
14502 N. Dale Mabry HWY, Suite 200
Tampa, Florida 33618
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.
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8. It shall be Developer's responsibility to provide acceptable as-built drawings of the potable
water and wastewater systems installed by Developer or Utility, in accordance with Utility's standard
specifications, details and notes,which are to be accepted by Utility for ownership and maintenance,as set
forth in paragraph 5(d)herein;and the Utility's charges associated with the review and quality assurance of
the CAD as-built survey drawings will be paid directly by Developer's licensed underground utility
contractor and shall be provided in accordance with CCUA's"As-built Specifications Standards Manual",
which can be obtained from the Utility's website(www.clayutility.org).It shall be Developer's responsibility
to properly instruct his contractor to contact Utility for an estimate of such charges and clarification of the
required as-built drawing procedures.
9. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water and wastewater service within Developer's project, to apply to Utility for service after the
installation of the water and wastewater utilities, have been completed and accepted by Utility. Upon
completion of application for water and wastewater service and payment of the appropriate charges set forth
in Utility's then current applicable Rate Resolution,including any security deposits required,service will be
initiated to customers within Developer's Property.
10. Utility shall own and maintain all facilities upstream of the downstream side of the meter and
all facilities upstream of the upstream side of the 6-inch double detector check valve. Such facilities shall be
installed by Developer's State of Florida Licensed Underground Utility Contractor in accordance with the
approved plans and specifications shown on Exhibit "B" attached hereto and shall meet all of the
requirements of Utility prior to Utility's acceptance for ownership and maintenance. All facilities
downstream of the downstream side of the water meter shall be owned and maintained by Developer.
Utility shall have access to all of the water meters during normal business hours,for meter reading purposes.
1 1. Developer shall install a 6-inch double detector check valve at the point of the connection to
Utility's fire main stub. Such device shall be acceptable to the Utility and shall include a 3/4-inch bypass
meter on the double detector check valve to meter any small or incidental flows. The testing and
certifications of this device shall be as noted in paragraph twelve (12) below.
12. Developer shall install or have installed a reduced pressure type backflow prevention device
which shall be located immediately downstream of Utility's 2-inch potable water meter for the building.
Developer shall install a double check backflow prevention device, which shall be located immediately
downstream of the 3/4-inch by-pass meter on the 6-inch double detector check valve for the fire suppression
system,which is proposed to service Developer's facility. 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 devices,Developer shall provide to Utility for its permanent records
the Make,Model,Size and Serial Number of said devices. Furthermore,these devices 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. The
installation and annual recertification shall be the responsibility of the Developer or its successors and
assigns.Utility shall have access to all of the water meters during normal business hours,for meter reading
purposes.
13. Utility agrees to provide minimum fire flows of 1,000 GPM to the point of connection to
Utility's fire main stub, at 20 PSI, subject to acts of God and temporary emergency conditions.
14. 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.
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15. At this time,Utility will not require Developer to install and maintain a grease interceptor.
However,Utility may require Developer to install a grease interceptor in the future,if the use of the facility
changes or if it is determined that the plumbing design without a grease interceptor is not adequate.
16. 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.
17. Connection charges for this project was based on the fixture units being installed in a medical
facility, 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.
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.
18. All of the conditions of the original Developer Agreement KU04/05 3,dated September 28,
2004, (Exhibit"C")shall remain in full force and effect, except as modified herein.
19. This Agreement does not include any other developments(future additions,buildings and/or
out parcel projects, etc.) that are planned for this Property. A separate agreement will be prepared for the
additional requirements of each future development on the Property when such development is initiated.
20. All water and wastewater installations/connections shall be in accordance with the plans
prepared by Solid Rock Engineering Consultants, Inc.,Project No.2242,as described in Exhibit"B",or as
modified in a manner acceptable to Utility.
21. 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.
[Signatures begin on next page]
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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:
ORANGE PARK RETAIL,LLC,
a Florida limited liability company
By: CANTOR SPELLMAN FAMILY
PARTNERSHIP,LLLP
a Florida limited liability limited partnership,
its manager
Witness: i-I(J2 By: cal
Print Name: r L LuH Joel A. Cantor,Manager
Witness:
Print Name: She� Ts�
STATE OF V048.
COUNTY OF C.I'N
The foregoinnmstrument was acknowledged before me by means of❑X physical presence or❑online
notarization this k day of IN A` ` , 2024, by. JOEL A. CANTOR, as MANAGER of
CANTOR SPELLMAN FAMIL PARTNERSHIP,LLLP,a Florida limited liability limited partnership,
MANAGER of ORANGE PARK RETAIL,LLC,a Florida limited liability company,who is personally
known to me or has produced 1rl\rtir's lice , as identification.
Print Name: j i c,1-
Notary Public
State of Florida at Large
My Commission Expires:
iiY pue. FELICITY SHORROCR
Nota Public-State of riorica
c`i Commission HH 260056
or F.°o-` My Comm.Expires May 2,2026
Bonded through National Notary Assr. I
-8-
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
}
fitness: By: ,; � �.
Print Name: �ftJ0. I�• 54V1l�V1 e . '' nsto' , P.E., M.B.A.
c •ector
(Corporate Seal)
Witness:.
fgofifit46W
Print Name: Summer P. Berndt
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
VW'notarization, this I� day of April , 2024, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
&MAC&OP°
YPVT SUMMER P BERNDT Print Name: Summer P. Bemdt
a' ��,�Notary Public-State of Florida
*= Commission# HH 450194 Notary Public in and for the
My Commission Expires
'�•,,,�;;;:� Countyand State Aforesaid
January 26, 2028
My Commission Expires: Ol/ab/a8
ORANGE PARK DIALYSIS
1560 WELLS ROAD, SUITES 103 THROUGH 105
SETTLEMENT AGREEMENT#4
Parcel Number: 05-04-26-019825-001-63
Clay County
EXHIBIT "A"
A PORTION OF LOTS 2 AND 3, SECTION 5,TOWNSHIP 4 SOUTH, RANGE 26 EAST,AS SHOWN ON THE
FLAT OF ORANGE PARK,AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF CLAY
COUNTY,FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF LOT 4, BLOCK 8, GROVE PARK VILLAGE,AS
RECORDED IN RAT BOOK 14, PAGES 10 THROUGH 12,INCLUSIVE, OF SAID PUBLIC RECORDS;
THENCE NORTH 01°23'40"WEST,ALONG THE EASTERLY BOUNDARY OF SAID GROVE PARK VILLAGE
AND ALONG THE EAST_LINE OF LOT 5,AS SHOWN ON SAID PLAT OF ORANGE PARK,2356.11 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF WELLS ROAD(A 100 FOOT RIGHT-OF-WAY AS NOW
ESTABLISHED);THENCE ALONG LAST SAID LINE RUN THE FOLLOWING FOUR(4)COURSES AND
DISTANCES:COURSE NO. 1:NORTH 62°38'54"EAST,33.70 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE NORTHEAST;COURSE NO.2:ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE
SOUTHERLY, HAVING A RADIUS OF 1809,86 FEET, AN ARC DISTANCE OF 853.66 FEET,SAID ARC
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 76°0939"EAST,845.77 FEET TO
THE POINT OF TANGENCY; COURSE NO.3: NORTH 89°40'24"EAST,240.23 FEET TO THE POINT OF
BEGINNING;COURSE NQ. 4: NORTH 89°40'24"EAST, 33455 FEET TO THE WESTERLY RIGHT-OF-WAY
LINE OF PLAZA CIRCLE(A VARIABLE WIDTH PRIVATE RIGHT-OF-WAY AS NOW ESTABLISHED),AND
THE POINT OF CURVATURE OFA CURVE TO THE SOUTHEAST;THENCE SOUTHEASTERLY, SOUTHERLY,
SOUTHWESTERLY AND WESTERLY,ALONG THE WZ s i WILY AND NORTHERLY RIGHT-OF-WAY LINE OF
SAID PLAZA CIRCLE,RUN THE FOLLOWING FIVE(5)COURSES AND DISTANCES:COURSE NO. 1:ALONG
AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 35.00
FEET,AN ARC DISTANCE OF 54,98 FEET,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND
DISTANCE OF SOUTH 45°19'36"EAST,49.50 FEET TO THE POINT OF TANGENCY;COURSE NO.2:
SOUTH 00°19'36"EAST, 190.00 FEETTO THE POINT OF CURVATURE OF A CURVE TO THE
SOUTHWEST;COURSE NO.3: ALONG AND AROUND THE ARC OF SAID CURVE,CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 75.00 FEET, AN ARC DISTANCE OF 117.81 FEET, SAID ARC
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 44°40'24'WEST, 106.07 FEETTO
THE POINT OF TANGENCY; COURSE NO.4: SOUTH 89°40'24"WEST, 259.26 FEET TO THE POINT OF
CURVATURE OF A CURVE TO THE NORTHWEST; COURSE NO. 5:ALONG AND AROUND THE ARC OF
SAID CURVE, CONCAVE NORTHERLY,HAVING A RADIUS OF 125.00 FEET, AN ARC DISTANCE OF 35.78
FEET,SAID ARC BEING SUBTENDED BY ACHORD BEARING AND DISTANCE OF NORTH 82°07'33"WEST,
35.66 FEET;THENCE NORTH 00°1936"WEST,DEPARTING SAID RIGHT-OF-WAY LINE, 294.90 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO GRANT OF EASEMENT FOR DRAINAGE DATED DECEMBER 13,2005,
FROM WELLS OFFICE ASSOCIATES II, LLLP,A FLORIDA LIMITED LIABILITY PARTNERSHIP TO WELLS
SHOPPING CENTER PARTNERS II,LLLP,A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP,
RECORDED IN BOOK 2650, PAGE 1949,AND THAT CERTAIN GRANT OF EASEMENT FOR INGRESS,
EGRESS AND DRAINAGE DATED DECEMBER 13, 2005, FROM WELLS CROSSING ASSOCIATES,INC.,A
FLORIDA CORPORATION,TO WELLS SHOPPING CENTER PARTNERS, II,LLLP,A FLORIDA LIMITED
LIABILITY LIMITED PARTNERSHIP, RECORDED IN BOOK 2650, PAGE 1960.
EXHIBIT "B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to;minor changes required)
Project: The Shoppes at the Plaza
Engineer: James Kenneth Johns, P.E.
Solid Rock Engineering Consultants, Inc.
10365 South Hood Road, Suite 206
Jacksonville, FL 32257
Job Number: 2242
Date: November 30, 2023
Engineer Description Latest
Drawing Engineer
Number Approved
Plan Date
C-1 Cover Sheet 11/30/2023
C-2 Utility Plan 11/30/2023
C-3 S-SPD 11/30/2023
C-4 LW-STD 11/30/2023
C-5 WAT O1 11/30/2023
C-6 WAT 01 11/30/2023
C-3 WAT 01 11/30/2023
C-6 WAT 04 11/30/2023
KU04/05-3
• Exhibit "C"
THE SHOPPES AT THE PLAZA
(BUILDING"A"&BUILDING"B")
1560 WELLS ROAD
(Kingsley System)
Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT, made and entered into this Aft ,day of
2004,by and between WELLS SHOPPING CENTER PARTNERS II,LLLP,a Florida limited liability
limited partnership, 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");and
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;and
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 ofthe 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 and 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.
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•
•
(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 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.
(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 service availability 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 Plant Connection Charge:
($235.00 x 7.50 ERC's) * $ 1,762.50
Wastewater Plant Connection Charge:
($1,010.00 x 4.50 ERC's) * $ 4,545.00
Environmental Impact Charge:
($410.00 x 4.50 ERC's) * $ 1,845.00
(b) Customer Connection Charge(Tap-in)-Water $ N/A
Customer Connection Charge(Tap-in)-Wastewater $ N/A
(c) Main Extension Charge-Water $ N/A
Main Extension Charge- Wastewater $ N/A
(d) Fire Protection Charge $ N/A
(e) Meter Installation Charge $ 4,460.00 **
(f) Plan Review Charge $ 462.00
(g) Inspection Charge. $ 1,020.25
Total $ 14,094.75
* - Includes 4.50 ERC's for the two buildings,based on a fixture unit count,and 3.00 ERC's for
an irrigation water flow estimate of 1360 AGPD. See paragraph 40, for clarification.
** - Includes eight-I" potable water meters and two-2" potable water meters for the two new
retail buildings;and one-2"potable water meter for irrigation water service for the Property
(does not include meter boxes).
Note: Items(f)and(g)are estimates and are subject to adjustment based on actual cost incurred.
, . - 3
Payment of the above charges does not and will not result in Utility waiving any of its rates or rules
and regulations and their enforcement shall not be affected in any manner whatsoever by Developer making
payment of same. Except as specifically stated, Utility shall not be obligated to refund to Developer any
portion of the value of the above charges for any reason whatsoever nor shall Utility pay any interest upon the
above charges paid.
Except as otherwise stated in this Agreement, neither Developer nor any person or other entity
holding any of the Property by, through or under Developer, or otherwise, shall have any present or future
right, title, claim or interest in and to the charges paid or to any of the water or wastewater facilities and
properties of Utility,and all prohibitions applicable to Developer with respect to no refund of such charges,
no interest payment on said charges and otherwise,are applicable to all persons or entities.
� IAny user or consumer of water and wastewater services shall not be entitled to offset any bill or bills
rendered by Utility for such service or services against the connection charges paid. Developer shall not be
entitled to offset the connection charges against any claim or claims of Utility as regards claims for breach of
contract,damages,or charges of the like of Utility.
5. On-Site Installations - On-site facilities are those located within the Property for which
Developer is requesting service. Developer shall convey to Utility, if so designated by Utility, all on-site
water and wastewater lines,laterals,mains,lift stations,pump stations and appurtenant facilities(collectively
referred to as"Components"or"On-Site System")on the Property with all contractual guarantees relating
thereto. Conveyance shall take place within a reasonable time after installation of the On-Site System but
prior to Utility's obligation to provide service. Until such time as the On-Site System is conveyed,the same
shall be operated and maintained by Developer. In its sole discretion,Utility may decline to accept the On-
Site System,may lease the On-Site System from Developer,or agree to such other arrangement as it deems
appropriate.
Utility shall have the right and obligation,at the Developer's expense,to construct and/or approve the
construction of the on-site installations which shall be owned and maintained by Utility,if so designated by
Utility. The Utility shall also have the right to review all plans and specifications, connections to its system
and the Developer shall pay a fee equal to the Utility's actual cost to review such plans and specifications.
The Utility shall have the right to inspect all phases of construction undertaken by outside contractors for
facilities which are to be owned by the Utility,if so designated by Utility. The Developer will reimburse the
Utility for its costs for such inspection, including all overhead associated with same. Where on-site
temporary pump stations or backflow prevention devices are required, they shall be paid for one hundred
percent (100%) by the Developer without any provision for refund. Utility reserves the right to require
backflow prevention devices on all water service connections.
The On-Site System shall be constructed in compliance with all regulatory requirements and the
specifications and requirements of Utility. No construction shall commence until Utility has reviewed and
approved Developer's contractor and the plans and specifications for construction of the water and
wastewater systems for the project. The proposed electrical transformer layout of the electric utility
providing service must be provided to the Utility prior to commencement of construction.
- 4 -
•
Developer shall guarantee Utility against defects in material and worlananship for the portion of the
On-Site System to be owned by the Utility or County, if so designated by Utility. Developer shall secure
from its contractor a written and fully assignable warranty that the system installed will be and remain free
from all defects, latent or otherwise,with respect to workmanship,materials and installation in accordance
with Utility-approved plans and specifications, for a period of two (2) years from the date of the system
acceptance by the Utility,and immediately assign the same and the right to enforce the same to the Utility on
or before such date. The Developer shall also provide to the Utility, at Developer's sole expense, such
maintenance bond and other form of security acceptable to Utility in such amounts approved by Utility,which
by its or their express terms protect and indemnify Utility against any loss, damage,costs, claims,debts or
demands by reason of defects,latent or otherwise,in the system to be and remain in effect for two(2)years
from the date of the system acceptance by Utility.
In addition to any other promises,guarantees or warranties to be provided by Developer to the Utility
hereunder,Developer agrees to protect and indemnify Utility against any loss,damage,costs,claims,debts or
demands by reason of defects, latent or otherwise, in the system which could not have been reasonably
discovered upon normal engineering inspection,to be and remain in effect for a period of two(2)years from
the date of the system's acceptance by Utility.
Developer agrees to transfer to Utility, if so designated by.Utility, title to all water distribution and
wastewater collection systems installed by Developer or Developer's contractor,which the Utility has agreed
shall be owned and maintained by it pursuant to the provisions of this Agreement and shall:
(a) Deliver a Bill of Sale and No Lien Affidavit in a form acceptable to Utility for such water
distribution and wastewater collection systems.
(b) Provide copies of invoices and Release of Liens from contractor for installation of the utility
systems as well as for any repairs to the Systems which may have been caused by other subcontractors during
construction.
(c) Assign any and all warranties and/or maintenance bonds as set forth herein.
(d) Provide all operations,maintenance and parts manuals,as-built plans complying with Utility's
specifications,and other documents required for operation of the utility system.
(e) Convey to Utility, if so designated by Utility, easements and/or rights-of-way covering all
areas in which water and wastewater systems are installed,with adequate legal access to same,by recordable
document in form satisfactory to Utility.
(f) Convey to Utility,if so designated by Utility,by recordable document in form satisfactory to
Utility,fee simple title to lift station and pump station sites,along with recordable ingress/egress easement
documents.
(g) Provide a copy of the Project Engineer's final certification of completion to the Florida
Department of Environmental Regulation certifying installation of all water and sewer facilities in accordance
with approved plans.
- 5 -
6. Off-Site Installations-Developer shall further construct all transmission mains,pump stations
and appurtenant facilities necessary to connect the On-Site System to the nearest appropriate point in Utility's
transmission system,as determined by Utility. Utility may require Developer to oversize off-site transmission
mains and appurtenant facilities in a manner consistent with Utility's Wastewater System Master Plan. The
costs associated with construction of over-sized facilities which provide Utility with excess capacity for the
benefit of other properties may be subject to refundable advance treatment pursuant to Utility's Service
Availability Policy. The same construction standards, warranty requirements, maintenance bond
requirements,transfer of title by Bill of Sale,and indemnification requirements,as provided under paragraph
5. of this Agreement, shall also apply to the Off-Site installations.
7. Agreement to Serve - Upon the completion of construction of the On-Site and Off-Site
Facilities by Developer,or an appropriate phase thereof,and compliance with the terms and conditions ofthis
Agreement and Utility's Service Availability Policy,Utility will allow connection or oversee the connection of
the wastewater collection facility and water distribution facility installed by Developer to the central facilities
of Utility in accordance with all rules, regulations and orders of the applicable governmental authorities.
Utility agrees that once it provides water and wastewater service to the customers within the Property that it
will continuously provide such service,at its cost and expense,but in accordance with the other provisions of
this Agreement, the then current Rate Resolution in effect for Utility, and the requirements of the
governmental authorities having jurisdiction over the operations of Utility. Utility shall not be liable for any
temporary interruptions in service as a result of equipment failure, emergencies or Act of God.
The covenants and agreements of Developer contained in Paragraphs 5,6,and 7,hereof shall survive
Utility's acceptance of any On-site and Off-site Facilities and Utility's commencement of service to the
Property. Should any such covenant or agreement of Developer in fact be outstanding following either or
both of such dates,then, notwithstanding any contrary provision contained herein,Utility may,upon thirty
(30)days advance written notice and demand for cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding covenant or agreement of Developer is satisfied in full. Utility shall not
be liable for any temporary interruptions in service as a result of any action authorized or permitted by this
paragraph.
8. Application for Service - Developer, or any owner of any parcel of the Property, or any
occupant of any residence,building or unit located thereon shall not have the right to and shall not connect
any consumer installation to the facilities of Utility until formal written application has been made to Utility by
the prospective user of service,or either ofthem,in accordance with the then effective rules and regulations
of Utility and approval for such connection has been granted.
9. Easements-Developer hereby grants and gives to Utility,its successors and assigns,including
a Dependent or Independent Special District of Clay County,but subject to the terms of this Agreement,the
exclusive right or privilege to construct, own, maintain and operate the water and wastewater facilities to
serve the Property in, under, upon, over and across the present and future streets, roads, alleys, utility
easements,reserved utility strips and utility sites. Mortgagees,if any,holding prior liens on the Property shall
be required to release such liens,subordinate their position or join in the grant or dedication ofthe easements
or rights-of-way,or give to Utility assurance by way of a"non-disturbance agreement",that in the event of
foreclosure,mortgagee would continue to recognize the easement rights of Utility. All water and wastewater
collection facilities,save and except consumer installations,shall be covered by easements or rights-of-way if
not located within platted or dedicated roads or rights-of-way for utility purposes and there shall be adequate
legal access to same.
- 6 -
The use of easements granted by Developer to Utility shall not preclude the use by other utilities of
these easements,such as for cable television, telephone,electric,or gas utilities. However,the use of such
non-exclusive easements by third parties shall not interfere with Utility's utilization of same. Utility hereby
agrees that all easement grants will be utilized in accordance with the established and generally accepted
practices of the water and wastewater industry with respect to the installation of all its facilities in any of the
easement areas.
10. Utility's Exclusive Right to Utility Facilities Developer agrees with Utility that all water and
wastewater facilities accepted by Utility in connection with providing wastewater and water services to the
Property,shall at all times remain in the sole,complete and exclusive ownership of Utility,and any person or
entity owning any part of the Property or any residence,building or unit constructed or located thereon,shall
not have any right, title, claim or interest in and to such facilities or any part of them, for any purpose,
including the furnishing of water and wastewater services to other persons or entities located within or
beyond the limits of the Property.
11. Exclusive Right to Provide Service-Developer shall not engage in the business of providing
potable water services or sanitary wastewater services to the Property during the period of time Utility
provides water and wastewater services to the Property. Utility shall have the sole and exclusive right and
privilege to provide water and wastewater services to the Property and to the occupants of such residence,
building or unit constructed thereon.
12. Rates-Utility agrees that the rates to be charged to Developer and individual consumers of
water and wastewater services shall be those set forth in the then current Rate Resolution most recently
adopted by the Board of Supervisors of the Clay County Utility Authority as may be amended from time to
time. However, notwithstanding any provision in this Agreement, Utility, its successors and assigns,may
establish,amend or revise,from time to time in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision in this Agreement,Utility may establish,amend or revise,from time to
time,in the future,and enforce rules and regulations covering water and wastewater services to the Property.
However,all such rules and regulations so established by Utility shall at all times be reasonable and subject to
such regulations as may be provided by law or contract.
13. Effluent Disposal Obligation-As further consideration for this Agreement,Utility may require
Developer to take back treated effluent for disposal,and to provide for certain wet weather storage for such
effluent on the Property. In that event,a separate agreement will be entered into for such purpose.
14. Quality of Wastewater-All commercial facilities which discharge non-domestic type wastes
into the Utility's collection system are required to meet the requirements of Resolution 97/98-11
(Pretreatment Resolution)with regard to waste quality. In addition,facilities with photographic development
operations may be required to install and maintain a silver recovery unit in order to meet the requirements of
this resolution. Discharge of floor finish stripper products and waste to the collection system requires an
Industrial Pretreatment Permit issued by Utility. Developer,tenant or the Property/project owner or Lessor
must inform Utility of its intent to discharge any floor finish stripper product and waste. Upon notification,a
permit application will be sent to Developer,tenant or the Property/project owner or Lessor to be completed
and submitted.to Utility for processing. A permit fee is not required by Utility for an Industrial Pretreatment
Permit. Failure to follow these procedures may result in termination of water and wastewater service.
- 7 -
15. 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.
16. 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:
Mr. Ralph Lamar Shaw,Jr.
Wells Shopping Center Partners II, LLLP
751 Oak Street, Suite 600
Jacksonville,Florida 32204
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.
17. Laws of Florida-This Agreement shall be governed by the laws of the State of Florida and it
shall be and become effective immediately upon execution by both parties hereto, subject to any approvals
which must be obtained from governmental authority, if applicable.
18. Costs and Attorney's Fees-In the event the Utility or Developer is required to enforce this
Agreement by court proceedings,by instituting suit or otherwise,then venue shall lie in Clay County,Florida,
and the prevailing party shall be entitled to recover from the other party all cost incurred,including reasonable
attorney's fees.
19. Force Majeure - In the event that the performance of this Agreement by either party is
prevented or interrupted in consequence of any cause beyond the control of either party,including,but not
limited to Act of God or of the public enemy,war,national emergency,allocation or of other governmental
restrictions upon the use or availability of labor or materials,civil disorder,strike,embargo,natural disaster
or catastrophe, unforeseeable failure or breakdown of transmission, treatment or other facilities,
governmental rule, act, order, restriction, regulation, statute, ordinance, or order, decree, judgment,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
20. Indemnification - Developer agrees to indemnify and hold the Utility harmless from and
against any and all liabilities,claims, damages, costs and expenses(including reasonable attorney's fees)to
which it may become subject by reason of or arising out of Developer's performance of this Agreement. This
indemnification provision shall survive the actual connection to Utility's wastewater and water distribution
system.
i ,
- 8 -
MISCELLANEOUS PROVISIONS
21. The rights, privileges, obligations and covenants of Developer and Utility shall survive the
completion of the work of Developer with respect to completing the facilities and services to any
development phase and to the Property as a whole.
22. This Agreement supersedes all previous agreements or representations, either verbal or
written, heretofore in effect between Developer and Utility, made with respect to the matters herein
contained,and when duly executed,constitutes the agreement between Developer and Utility. No additions,
alterations or variations of the terms of this Agreement shall be valid,nor can provisions ofthis Agreement be
waived by either party,unless such additions,alterations,variations or waivers are expressed in writing and
duly signed.
23. Whenever the singular number is used in this Agreement and when required by the context,the
same shall include the plural,and the masculine, feminine and neuter genders shall each include the others.
24. Whenever approvals of any nature are required by either party to this Agreement,it is agreed
that same shall not be unreasonably withheld or delayed.
25. The submission of this Developer Agreement for examination by Developer does not
constitute an offer but becomes effective only upon execution thereof by Utility.
26. Failure to insist upon strict compliance of any of the terms,covenants,or conditions herein
shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment
of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right
or power at any other time or times.
27. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
water and wastewater services to Developer's project. Developer understands and agrees that capacity
reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the written
consent of Utility,except in the case of a bona-fide sale of Developer's property.
28. Utility shall, as aforesaid, at all reasonable times and hours, have the right of inspection of
Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the
Developer.
29. The parties hereto recognize that prior to the time Utility may actually commence upon a
program to carry out the terms and conditions of this Agreement,Utility may be required to obtain approval
from various state and local governmental authorities having jurisdiction and regulatory power over the
construction,maintenance,and operation of Utility. The Utility agrees that it will diligently and earnestly,
make the necessary proper applications to all governmental authorities and will pursue the same to the end
that it will use its best efforts to obtain such approval. Developer,agrees to provide necessary assistance to
Utility in obtaining the approvals provided for herein. Upon execution of this Agreement,Utility may require
the payment of a reasonable fee to defray Utility's legal, engineering, accounting and administrative and
contingent expense.
• - 9 -
30. It shall be Developer's responsibility to provide acceptable as-built drawings of the water and
wastewater systems installed by Developer,in accordance with Utility's standard specifications,details and
notes, which are to be accepted by Utility for ownership and maintenance, as set forth in paragraph 5 (d)
herein;and it is understood and agreed that Utility's charges associated with the preparation of the CADD as-
built drawings will be paid directly by Developer's licensed underground utility contractor. It shall be
Developer's responsibility to properly instruct his contractor to contact Utility for an estimate of such charges
and clarification of the required as-built drawing procedures.
31. It shall be Developer's responsibility or Developer's customers'responsibility,who utilize the
project's water and wastewater service within Developer's project, to apply to Utility for service after the
installation of the water and wastewater utilities, have been completed and accepted by Utility. Upon
completion of application for water and wastewater service and payment of the appropriate charges set forth
in Utility's then current applicable Rate Resolution,including any security deposits required,service will be
initiated to customers within Developer's Property.
32. It is understood and agreed by Developer and Utility that Developer shall not place any
conservation easements over any of the easement lands that contain Utility's water and wastewater facilities
for the project covered by this agreement.
33. Developer shall grant an easement to Utility covering any portion of the potable water and
wastewater facilities that Utility agrees to own and maintain,and Developer shall be responsible for providing
the legal description for such easement to Utility.
34. It is understood and agreed that the landscaping (new or existing) for this project shall not
include the planting of any trees within ten feet(10')of any of the water and wastewater mains to be owned
by Utility.
35. Developer shall install or have installed reduced pressure zone (RPZ) type backflow
prevention devices which shall be located immediately downstream of Utility's eight-1"potable water meters
and two-2"potable water meters for the retail buildings,and the one-2"potable water meter for irrigation
water service, which are proposed to service Developer's facilities 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 devices,Developer shall provide to Utility for its permanent
records the Make,Model, Size and Serial Number of said devices. Furthermore,these 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 recertifications must be submitted to Utility for its
records. These installations and annual recertifications shall be the responsibility of the Developer. Utility
shall have access to all of the water meters during normal business hours, for meter reading purposes.
36. Where food preparation facilities or other facilities,for possible future tenants ofthe two new
retail buildings,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 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. In no event shall the capacity
be less than 1000 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.
•
- 10-
37. 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.
38. It is understood and agreed by Developer and Utility that the tap of the existing 10" water
main,connection to Utility's system,and the construction of the water services from the main to the meter
locations,shall be installed by Developer's State of Florida Licensed Underground Utility Contractor and shall
meet all of the requirements of Utility prior to Utility's acceptance for ownership and maintenance. Utility
shall own and maintain the tap through the meters and all facilities downstream of the meters shall be owned
and maintained by Developer.
39. It is understood and agreed by Developer and Utility that Developer's wastewater facilities
shall connect to the existing 6"wastewater stubs already provided for the Property,and that Developer shall
own and maintain all wastewater facilities upstream of those connection points.
40. It is understood and agreed by Developer and Utility that, since the usage of the lease space,
for the two new retail buildings of The Shoppes at the Plaza, is undetermined at this time,the"Water Plant
Connection Charge","Wastewater Plant Connection Charge",and"Environmental Impact Charge",shown in
paragraph 4 (a) of this agreement,is based on a fixture unit count for the retail buildings. A supplemental
agreement will be prepared to assess any additional charges to either the tenant or the Property/project owner
or Lessor, based on the appropriate calculation for the specific tenant occupying a space versus the fixture
unit count basis of calculation used herein. 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.
41. It is understood and agreed by Developer and Utility that this agreement does not include any
other developments (future additions) that are planned for this Property. A separate agreement will be
prepared for the additional requirements of each future development on the Property when such development
is initiated.
42. It is understood and agreed by Developer and Utility that this agreement will need to be
executed by Developer,and the charges paid(shown on page 2,.of agreement),prior to October 1,2004,or
this agreement will be subject to any Service Availability charge increases approved by Utility's Board of
Supervisors for the next fiscal year beginning October 1,2004;and this agreement is subject to any material
cost increases which Utility may experience after October 1,2004.
- 11
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:
WELLS SHOPPING CENTER PARTNERS II,LLLP,
a Florida limited liability limited partnership
By: 7€ (Seal)
Print Name o : a u1 Print Name: me...Omen., 0.
Title: ACA4L •
tint Name 74 '
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY
411).6410LYI-PAL6ar By: C_! G�--�--1
Print Name WNWE LARGE Ray16. Avery
Title: Executive Director
Print Name3j4 �ene C u e
y
(Corporate Seal)
i r
- 12 _ •
STATE OF FLORIDA
COUNTY OF I vV4L
The foregoing instrument was acknowledged before me this c 2 # (day of S 0'� , 2004,
by L& 4€.`_ f i72. , who is personal]Xknown to mP or who has produced
,as identification and who did(ciid_net)take an oath.
P ' ed Name SM.e W e da
otary Public
My Commission Expires: State of Florida at Large
, ie
CommissionSharon #DD2H28lrs%
Expires:AugE 13,2007
:' ad oiesz Bonded Thru
+'11, Atlantic Bonding Co.,Inc.
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me this 494-,day of,6_9a12vGL,2004,
by RAY O.AVERY,who is Rersonally known to me —
J3' ,-a identffientien-and who did not)take an oath.
G
Printed Name A ene Mc Vgy
Notary Public
My Commission Expires: ```gNuuUuurrq, State of Florida at Large
•
do 1, a:CC 992644 i o a
139 yid BondedlbN �°';.•OQ`�
ISuv M.iayA�D.dT.Ammoi.OrtittESHORES ATT EMASASBID015TYMU,.AOADAURTY SHAW MCore
Ian iEiek d 7282034 3:45 PM
The Shoppes at the Plaza
(Building "A" & Building "B")
1560 Wells Road
EXHIBIT "A"
A portion of Lots 2 and 3, Section 5, Township 4 South, Range 26 East, as shown on the Plat of
Orange Park,as recorded in Plat Book 1,page 23,of the Public Records of Clay County,Florida,being more
particularly described as follows:
Commence at the most Southeasterly corner of Lot 4,Block 8, Grove Park Village,as recorded in
Plat Book 14,pages 10 through 12,inclusive of said Public Records;thence North 01 degree 23 minutes 40
seconds West, along the Easterly boundary of said Grove Park Village, and along the East line of Lot 5,as
shown on said Plat of Orange Park,2,356.11 feet,to the Southerly right-of-way line of Wells Road(a 100
foot right-of-way as now established); thence along last said line run the following four (4) courses and
distances:Course No. 1:North 62 degrees 38 minutes 54 seconds East,33.70 feet,to the point of curvature
of a curve to the Northeast;Course No.2:along and around the arc of said curve,concave Southerly,having
a radius of 1,809.86 feet, an arc distance of 853.66 feet, said arc being subtended by a chord bearing and
distance of North 76 degrees 09 minutes 39 seconds East,845.77 feet to the point of tangency;Course No.
3:North 89 degrees 40 minutes 24 seconds East,240.23 feet,to the Point of Beginning;Course No.4:North
89 degrees 40 minutes 24 seconds East, 334.55 feet, to the Westerly right-of-way line of Plaza Circle (a
variable width private right-of-way as now established), and the point of curvature of a curve to the
Southeast;thence Southeasterly,Southerly,Southwesterly,and Westerly,along the Westerly and Northerly
right-of-way line of said Plaza Circle,run the following five(5)courses and distances: Course No. 1:along
and around the arc of said curve, concave Southwesterly, having a radius of 35.00 feet, an arc distance of
54.98 feet, said arc being subtended by a chord bearing and distance of South 45 degrees 19 minutes 36
seconds East,49.50 feet to the point of tangency;Course No. 2: South 00 degrees 19 minutes 36 seconds
East, 190.00 feet to the point of curvature of a curve to the Southwest;Course No.3:along and around the
arc of said curve,concave Northwesterly,having a radius of 75.00 feet,an arc distance of 117.81 feet,said
arc being subtended by a chord bearing and distance of South 44 degrees 40 minutes 24 seconds West,
•
106.07 feet to the point of tangency;Course No. 4: South 89 degrees 40 minutes 24 seconds West,259.26
feet to the point of curvature of a curve to the Northwest;Course No. 5: along and around the arc of said
curve, concave Northerly, having a radius of 125.00 feet, an arc distance of 35.78 feet, said arc being
subtended by a chord bearing and distance of North 82 degrees 07 minutes 33 seconds West, 35.66 feet;
thence North 00 degrees 19 minutes 36 seconds West,departing said right-of-way line,294.90 feet to the
Point of Beginning.
Containing 2.51 acres,more or less.
•
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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.
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CIO(/NT Title:
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__ 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
�t 4l71/2024,2:23:39 PM Forced Sewer Features
Conservation.Commitment.Community
�TYAUTNu 1 inch = 100 feet - Reclaimed Features