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HomeMy WebLinkAbout05.e.01 DA CU23.24-14 - Water-Ade Properties, LLC Record&return to: Clay County Utility Authority �T V T��/r� 3176 Old Jennings Road L4 4 Middleburg, Florida 32068-3907 WATER-ADE PROPERTIES, LLC 565 ATLANTIS DRIVE Parcel No. 20-04-25-007968-004-00 (Clay Utility System) Clay County Name of Project SECOND MODIFICATION OF DEVELOPER AGREEMENT THIS MODIFICATION OF DEVELOPER AGREEMENT ("Modification"), made and entered into this 316k day of Mal . 2024, by and between WATER-ADE PROPERTIES, LLC, a Delaware 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, described in Exhibit "A", attached hereto, and incorporated herein by reference (hereinafter "Property"); and WHEREAS this Second Modification of Developer Agreement is for the purpose of modifying Developer Agreement CU20/21-10, for the project between Water-Ade Properties, LLC, and the Utility, dated February 26, 2021, and recorded in Official Records Book 4424, pages 1996 through 2014 of the public records of Clay County, Florida (the "Agreement"), to reserve additional wastewater treatment plant capacity for the bottling facility expansion, to five water fill lines. 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 collection systems and water distribution systems where applicable, and further to induce Utility to provide potable water service 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 to reserve additional capacity in the System: (a) Wastewater Capacity Charge: ($4,100.00 x 321.543408 ERCs) $ 1,318,327.97 * Debt Service Charge: ($191.00 x 321.543408 ERCs) $ 61,414.79 (b) Plan Review Fee $ N/A ** (c) Inspection Fee $ N/A ** (d) Administrative Fee $ 100.00 (e) Recording Fee $ 74.00 Total $ 1,379,916.76 * - Includes 321.543408 ERCs for wastewater based on an additional 100,000 GPD of wastewater discharge for adding a fifth water fill line (total discharge of 250,000 gpd) pursuant to Section 10. ** - This agreement does not include plan review and inspection fees for future phases of this project. Page I 1 RECEIVED • MAY 282024 3. Binding Effect of Agreement - The Agreement, as modified, 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, or conditioned, or delayed, provided the assignee or transferee shall acknowledge in writing that it assumes the duties and responsibilities of the Developer as set forth in this Agreement. 4. Notice - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, mail, or email, and if to Developer, shall be mailed or delivered to Developer at: Water-Ade Properties, LLC Water-Ade Properties, LLC Attn.: Christopher T. Foss Attn.: Todd Uhlick 1440 Bridgegate Drive 1440 Bridgegate Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 With copy to: Water-Ade Properties, LLC Attn: Will Uyesugi 1440 Bridgegate Drive Diamond Bar, CA 91765 and if to the Utility at: Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068-3907 or such other address as specified in writing by either party to the other. 5. Whenever approvals of any nature are required by either party to the Agreement, it is agreed that same shall not be unreasonably withheld, conditioned, or delayed. 6. The submission of this Modification for examination by Developer does not constitute an offer but becomes effective only upon execution thereof by Utility. 7. 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. 8. It is because of inducements offered by Developer to Utility that Utility has agreed to provide potable water and wastewater services to Developer's project. 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. 9. A separate agreement or modification will be prepared for any additional capacity requirements that may be required for any additional water fill lines or future development by Developer (future property additions,buildings and/or out parcel projects,etc.),to include plan review and inspection fees for each future phase/development on the Property when such development is initiated. Page 12 10. The initial capacities provided under the original Developer Agreement, CU20/21-10, dated February 26, 2021, the Modification of Developer Agreement, CU21/22-2, dated October 21, 2021, and the additional capacities provided under this Second Modification of Developer Agreement shall be allocated towards servicing water bottling production lines only, unless Developer submits sewer discharge characteristics for other types of bottling lines which are within the operating specifications of the System. 11. For purposes of this Modification, capitalized terms used and not expressly defined herein shall have the meanings ascribed to them in the Agreement. In the event of any inconsistency between this Modification and the Agreement,the terms of this Modification shall control. All of the conditions of the original Developer Agreement, dated February 26, 2021, recorded in Official Records Book 4424, pages 1996 through 2014 of the Public Records of Clay County, Florida, shall remain in full force and effect, except as modified herein. 12. This Modification will need to be executed by Developer with the charges paid (shown on page 2 of Agreement) prior to October 1, 2024, or this Modification 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 fiscal year beginning October 1, 2024. This Modification is subject to any material cost increases which Utility may experience after October 1, 2024. [Signatures Begin Next Page] Page 13 IN WITNESS WHEREOF, Developer and Utility have executed or have caused this Modification, 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 Modification. WITNESSES: DEVELOPER: WATER-ADE PROPERTIES, LLC, a Delaware limited liability company Witness: ,e_ i. A By: (Seal) Print Name: Brian -less. Manager IJ i • , Witness: i 1• y" .-� /`- Print Name: STATE OF Cn. COUNTY OF Lar_) r- -}--Thric,ir The foregoing instrument was acknowledged before me by means of❑x physical presence or❑ online notarization this day of 2024, by BRIAN HESS, as MANAGER of WATER-ADE PROPERTIES, LLC, a Delaware limited liability company, who is personally known to me or has produced , as identification. Print Name: �ICC� Notary Public State of at Large i My Commission Expires: � t Page 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Lcx PyC21.r ) On Q 17_Z 12J 2 - before me, —lie✓ �-� r��a-��.' Q� Date Here Insert Name and Title of the Officer personally appeared -E712. ( �-IrSS Name(s}of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(aes), and that by his/her/their signature(&)on the instrument the person(&), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �,�•� ',„ GINGER LEE ESCOBEOO WITNESS my hand and official seal. Notary Public-CaliforniaV7:4 San Bernardino County g -Commission#2448791 n Signature l�.0 9( ZjQJ Sig ature of Notary Public Place Notaty Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: NJ )C.CA 1 yt C.€- iica'1 Document Date: Cf)IZZ 17i24 Number of Pages: "-1 Signer(s) Other Than Named Above: I-1 A- Capacity(ies) Claimed by Signer(s) Signer's Name: 1--",12_E ', Signer's Name: I Corporate Officer — Title(s): i_1 Corporate Officer — Title(s): I 1 Partner — ❑ Limited Cl General I I Partner — ❑ Limited LI General I I Individual ❑Attorney in Fact -I Individual ❑Attorney in Fact I I Trustee ❑ Guardian or Conservator 1=1 Trustee ❑ Guardian or Conservator {-i Other: �r�i ��J►'L- _ I I Other: Signer Is Representing: Signer Is Representing: ,fi.`zzo cS '(.^ci.w :ww..w... 4i .... Z' ..rzAno`.... ..... (z 4e c iQie C....`.i.'i,:ve-c _ _ L�.^zzZywoe._ ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY, an Independent Special District of the State of Florida WC rTh — By: 111111 Prin • 144 JM4- tern D. 46 ston. .E., M.B.A. 'cutive t .� ♦m�� (Corporate Seal) Witness: � °A I [Lae -- V Print Name: ummer a. :e • STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of El physical presence or Ci online notarization this NO' day of N►a/ , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,an Independent Special District of the State of Florida, who i>(personally known to Fey-who has produced . as identification. 9-141`.% SUMMPubliRE P BERNDT Notary c-State of FloridaPrint Name: Summer P BAmdt Commission # HH 450194 �� - My Commission Expires Notary Public „„to January 26, 202e State of Florida at Large ..w_ My Commission Expires: Olitg10/4214 Page 15 WATER-ADE PROPERTIES, LLC 565 ATLANTIS DRIVE Parcel No.: 20-04-25-007968-004-00 EXHIBIT "A" A parcel of land situated in the West 1/2 of Section 20, Township 4 South, Range 25 East, Clay County,Florida,said parcel being more particularly described as follows: Commence at the northwest corner of said Section 20; thence on the north line thereof, run South 89 degrees 25 minutes 42 seconds East,490.83 feet to the east line of State Road No.23; thence on said east line,and on a southerly extension thereof,South 00 degrees 31 minutes 08 seconds East, 3200.02 feet; thence North 89 degrees 28 minutes 52 seconds East, 218.00 feet to said east line of State Road No.23 and the point of beginning; thence on said east line,North 00 degrees 31 minutes 08 seconds West, 1000.00 feet to the south line of those lands described in Official Records Book 3308, page 177 of the public records of said county; thence on said south line,North 89 degrees 28 minutes 52 seconds East,82.00 feet to the east line thereof; thence on said east line,North 00 degrees 31 minutes 08 seconds West,399.83 feet; thence North 48 degrees 56 minutes 57 seconds East,5.39 feet; thence North 81 degrees 56 minutes 56 seconds East, 43.90 feet; thence North 61 degrees 34 minutes 13 seconds East,59.81 feet; thence North 76 degrees 48 minutes 12 seconds East,55.93 feet; thence North 85 degrees 04 minutes 06 seconds East,69.34 feet; thence South 86 degrees 50 minutes 20 seconds East,60.97 feet; thence North 66 degrees 41 minutes 03 seconds East,57.97 feet; thence North 38 degrees 28 minutes 40 seconds East, 40.11 feet; thence North 34 degrees 36 minutes 58 seconds East, 23.10 feet; thence North 68 degrees 19 minutes 49 seconds East, 37.68 feet; thence South 58 degrees 03 minutes 08 seconds East, 33.45 feet; thence South 21 degrees 38 minutes 35 seconds West, 46.73 feet; thence South 24 degrees 32 minutes 12 seconds West, 48.67 feet; thence South 78 degrees 26 minutes 40 seconds East, 9.74 feet; thence North 24 degrees 20 minutes 28 seconds East, 57.73 feet; thence North 25 degrees 47 minutes 18 seconds East, 39.57 feet; thence South 64 degrees 18 minutes 34 seconds East, 24.49 feet; thence South 40 degrees 53 minutes 06 seconds East, 31.20 feet; thence North 84 degrees 00 minutes 05 seconds West, 28.31 feet; thence South 27 degrees 52 minutes 58 seconds East, 66.35 feet; thence South 76 degrees 29 minutes 03 seconds East, 51.46 feet; thence South 25 degrees 25 minutes 50 seconds East, 28.33 feet; thence South 82 degrees 16 minutes 05 seconds East, 41.82 feet; thence North 81 degrees 16 minutes 30 seconds East, 130.61 feet; thence North 68 degrees 32 minutes 30 seconds East, 91.48 feet; thence North 65 degrees 53 minutes 52 seconds East, 117.47 feet; thence North 64 degrees 51 minutes 29 seconds East, 96.59 feet; thence North 66 degrees 35 minutes 48 seconds East, 56.84 feet; thence North 63 degrees 58 minutes 12 seconds East, 81.04 feet; thence North 65 degrees 25 minutes 40 seconds East, 70.75 feet; thence North 62 degrees 27 minutes 53 seconds East, 91.67 feet; thence North 58 degrees 36 minutes 32 seconds East, 97.94 feet; thence North 67 degrees 09 minutes 08 seconds East, 72.63 feet; thence North 68 degrees 03 minutes 11 seconds East, 72.57 feet; thence North 86 degrees 11 minutes 57 seconds East, 48.24 feet; thence South 89 degrees 37 minutes 12 seconds East, 59.20 feet; thence South 88 degrees 56 minutes 19 seconds East, 71.47 feet; thence North 86 degrees 09 minutes 05 seconds East, 78.81 feet; thence North 88 degrees 33 minutes 41 seconds East, 93.24 feet; thence South 00 degrees 36 minutes 14 seconds East, 30.10 feet; thence North 85 degrees 52 minutes 17 seconds West, 36.85 feet; thence North 84 degrees 08 minutes 50 seconds West, 119.42 feet; thence South 89 degrees 23 minutes 57 seconds West, 92.78 feet; thence North 86 degrees 34 minutes 52 seconds West, 51.24 feet; thence South 86 degrees 26 minutes 22 seconds West,46.03 feet; thence South 67 degrees 41 minutes 46 seconds West,39.56 feet; thence Page 16 South 64 degrees 53 minutes 03 seconds West, 52.00 feet; thence South 61 degrees 47 minutes 39 seconds West, 100.82 feet; thence South 61 degrees 39 minutes 18 seconds West, 68.29 feet; thence South 63 degrees 08 minutes 27 seconds West, 58.34 feet; thence South 64 degrees 35 minutes 12 seconds West, 71.73 feet; thence South 63 degrees 30 minutes 02 seconds West, 60.91 feet; thence South 66 degrees 46 minutes 12 seconds West, 81.93 feet; thence South 65 degrees 07 minutes 31 seconds West, 85.16 feet; thence South 68 degrees 31 minutes 42 seconds West, 69.74 feet; thence South 64 degrees 45 minutes 12 seconds West, 117.38 feet; thence South 74 degrees 25 minutes 26 seconds West, 82.89 feet; thence South 75 degrees 20 minutes 16 seconds West, 57.92 feet; thence South 58 degrees 09 minutes 14 seconds West, 20.03 feet; thence South 31 degrees 35 minutes 55 seconds East, 28.69 feet; thence South 33 degrees 18 minutes 19 seconds East, 42.25 feet; thence South 00 degrees 08 minutes 41 seconds East, 41.11 feet; thence South 02 degrees 16 minutes 28 seconds West, 80.40 feet; thence South 40 degrees 03 minutes 17 seconds East, 68.94 feet; thence South 25 degrees 44 minutes 16 seconds West, 75.53 feet; thence South 25 degrees 05 minutes 09 seconds East,69.53 feet;thence South 50 degrees 01 minute 23 seconds East,46.95 feet;thence South 10 degrees 29 minutes 26 seconds West, 67.16 feet; thence South 55 degrees 19 minutes 52 seconds East, 50.70 feet; thence South 06 degrees 55 minutes 07 seconds West, 37.03 feet; thence South 35 degrees 34 minutes 47 seconds East,51.98 feet; thence South 52 degrees 33 minutes 46 seconds East, 56.01 feet; thence South 76 degrees 38 minutes 20 seconds East,58.38 feet; thence South 41 degrees 15 minutes 33 seconds East, 76.85 feet; thence South 08 degrees 14 minutes 05 seconds East, 79.36 feet; thence South 57 degrees 36 minutes 34 seconds East, 67.56 feet; thence South 30 degrees 30 minutes 55 seconds East,54.55 feet; thence South 26 degrees 38 minutes 53 seconds East,58.84 feet; thence South 42 degrees 56 minutes 03 seconds West,33.78 feet; thence South 02 degrees 38 minutes 18 seconds East, 63.86 feet; thence South 14 degrees 07 minutes 49 seconds West,51.28 feet; thence South 00 degrees 43 minutes 01 seconds West, 42.89 feet; thence South 35 degrees 24 minutes 01 seconds East, 46.99 feet; thence South 10 degrees 48 minutes 29 seconds East, 25.81 feet; thence South 41 degrees 17 minutes 04 seconds West, 23.14 feet; thence South 01 degree 34 minutes 35 seconds East, 104.08 feet; thence South 02 degrees 26 minutes 54 seconds East, 82.33 feet; thence South 05 degrees 25 minutes 33 seconds East, 103.82 feet; thence South 05 degrees 18 minutes 18 seconds East, 71.45 feet; thence South 06 degrees 58 minutes 03 seconds West, 34.66 feet; thence South 14 degrees 24 minutes 59 seconds West, 54.85 feet; thence South 11 degrees 49 minutes 32 seconds East, 31.48 feet; thence South 01 degree 25 minutes 05 seconds West, 74.44 feet; thence South 03 degrees 36 minutes 15 seconds East, 58.85 feet; thence South 08 degrees 22 minutes 16 seconds East, 93.22 feet; thence South 07 degrees 05 minutes 21 seconds East, 64.62 feet; thence South 39 degrees 53 minutes 24 seconds East, 54.89 feet; thence North 37 degrees 58 minutes 55 seconds East, 40.11 feet; thence North 32 degrees 26 minutes 59 seconds East, 76.74 feet; thence South 17 degrees 54 minutes 14 seconds East, 15.29 feet; thence South 21 degrees 04 minutes 04 seconds West, 54.74 feet; thence South 04 degrees 35 minutes 20 seconds West, 58.43 feet; thence South 16 degrees 10 minutes 59 seconds West, 30.42 feet; thence South 68 degrees 55 minutes 09 seconds East, 12.70 feet to the north line of Brannan Mill Boulevard, according to plat thereof recorded in Plat Book 58, pages 49 through 53 of said public records; thence on said north line, South 83 degrees 42 minutes 16 seconds West, 949.21 feet; thence continue on said north line and along the arc of a curve concave northerly and having a radius of 1,950.00 feet an arc distance of 126.17 feet, said arc being subtended by a bearing and distance of South 85 degrees 33 minutes 29 seconds West, 126.14 feet; thence North 00 degrees 31 minutes 08 seconds West,770.26 feet; thence South 89 degrees 28 minutes 52 seconds West, 162.00 feet to the point of beginning; being 47.16 acres, more or less, in area. Page 7 QROWNr d BAYBERRY RD = Ell ^_— _ i x•J W_■ N E S CA ff. tii Allrli ` I �`�,tsatt, , .JJ, 1111 in■.rALLAXY1P-- c w CAp"liii NDYLOAK•D" , Water-Ade Properties I." w W � �o , z.0 z_ Iiiiii9....ti„er • Y P L > HAVENWOOD RD II N a 1 I . STARRY SKY RD 1 --dB PS#189 11yPS DR f -� li . - T'sIL RIDGE RD ►► ' r Li, n CI V 11 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 NT I I 1 CCUA LPN COVivi, Title: c1__ Map 3176 Old Jennings Road ear Middleburg, Florida 32068 3907 Info:Prepared by CCUAGIS Portal - Water Features G Phone 904 272-5999 - Gravity Sewer Features J// 0t Commundy Conservation.Commitment 6/14/2024,3:16:56 PM - Forced Sewer Features .TYAUTO 1 inch = 1,000 feet - Reclaimed Features