HomeMy WebLinkAbout07.e.03 DA SS23.24-9 - PJ's Coffee.msg Return to:
Clay County Utility Authority
3176 Old Jennings Road SS23/24-7
Middleburg.Florida 32068-3907
Parcel Number: 07-04-25-007869-001-12 PJ'S COFFEE OF NEW ORLEANS
Clay County 3470 ROYAL PINES DRIVE, SUITE 104
SETTLEMENT AGREEMENT#4
(Spencer System)
Name of Project
MODIFICATION TO DEVELOPER AGREEMENT
THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this
Mil day of Septe(Ylt er , 2024, by and between ROYAL PINES SHOPPING CENTER BLDG C, 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,PJ's Coffee of New Orleans,as a coffee shop having 16
seats,now occupying Suite 104, which exceeds 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 0.223 ERCs) $ 100.35 *
Alternative Water Supply Surcharge:
($388.01 x 0.223 ERCs) $ 86.53 *
SJRWMD Black Creek Connection Charge:
($105.19 x 0.223 ERCs) $ 23.46 *
Wastewater Capacity Charge:
($4,100.00 x 0.223 ERCs) $ 914.30 *
Environmental Impact Charge:
($410.00 x 0.223 ERC) $ N/A
(b) Debt Service Charge:
($191.00 x 0.223 ERCs) $ 42.59 *
(e) Meter Installation Charge $ 135.35 **
(f) Plan Review Fee $ 38.50
(g) " Inspection Fee $ 38.50
(h) Recording& Administrative Fee $ 152.50
Total $ 1,532.08
* - Includes 0.848 ERCs for water and wastewater, based on a coffee shop having 16 seats, all in
accordance with Utility's Rate Resolution. Less the 0.625 water and wastewater ERCs paid in the
original Developer Agreement SS22/23-7,dated April 11,2023.
**- Includes a 1-inch potable water meter,without a meter box,with credit given for the 3/4-inch potable
water meter paid for in the original Developer Agreement SS22/23-7, dated April 11, 2023. The
amount shown here is the cost difference.
•
•
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3. Developer shall install or have installed a reduced pressure type backflow prevention device .
which shall be located immediately downstream of Utility's 1-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. Developer shall install or.have installed a grease/sand interceptor meeting the requirements of
the Clay County Department of Health&Rehabilitative Services and the Florida Building Code,which shall
be designed and constructed in accordance with Utility's specifications for same. Such installation shall be
provided by a Florida Licensed Plumbing Contractor.Developer shall also be responsible for the continued
maintenance and cleaning of said grease/sand interceptor facility, and such facility shall be subject to
periodic unannounced inspections by Utility.
6. 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.
7. 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.
8. 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. C, 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..
9. Connection charges for this project were based on PJ's Coffee Shop ofNew Orleans,having
16 seats, all in accordance with Utility'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.
•
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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.
10. •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.
11. 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. C, LLC,
a Florida limited liability company
Witness: By: )ohO'connkager
11°' ° (Seal)
Print Na e: n W.
4
Witness V C
Print Name:
STATE OF Da.
COUNTY OF C Ly
The foregoing instrument was-acknowledged before me by means of 0 physical presence or 0 online
notarization this 97' day.of_S,,,ol,,/i ir- - , 2024, by JOHN W. O'CONNOR, as MANAGER of
ROYAL PINES,SHOPPING CENTER,..BLDG. C, LLC, a Florida limited liability company, who-is
personally known to me or has produced ,as identification.
int Name:
Notary Public State of Florida Notary Public
II Andrew IS MacArthur State of Florida at Large
ui •
My Commission HH 465689 MyCommission Expires:
Expires 1128/2026 p
-4
WITNESSES: UTILITY:
CLAY COUNTY UTILITY THORITY
Witne By: `�
Print e: .( i e1 .k D. Jo ston, '.E., M.B.A.
ecuti - -ctor
(Corporate Seal)
Witness:
Print Name: Summer P. Bern
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of N physical presence or ❑
online notarization, this t1h day of SepvernbeC, 2024 by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me.
��""�� SUMMER P BERNDT .
`��,pV P�'g/L
ao ti�:hfotary Public-State of Florida Print Name: Summer P. Bem t
=+ ' �� Commission#HH 450194
s°� I'I
','� r • My Commission Expires Notary Public in and for the
��i��" January 26, 2028
County and State Aforesaid
My Commission Expires: Ol/Q1o1Q,$
PJ'S COFFEE OF NEW ORLEANS
3470 ROYAL PINES DRIVE,SUITE 104
SETTLEMENT AGREEMENT#4
Parcel Number: 07-04-25-007869-001-12 -
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 CO degrees 00 minutes 00 seconds East, 136.00 feet;
thence South 01 degree 29 minutes 40 seconds East, 112.44 feet to the point of beginning;
thence North 59 degrees(10 minutes 41. seconds West, 100.00 feet; thence South 30 degrees 59
minutes 19 seconds West,60.00 feet; thence South 59 degrees 00 minutes 41 seconds East,
100.00 feet; thence North 30 degrees 59 minutes 19 seconds.East,60.00 feet to the point of
beginning.
Together with Reciprocal Easement and Maintenance agreement as recorded in O.R. Book 4722,
page 1726,of the public records of Clay County,Florida,
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1 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
I 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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__ Clay County Utility Authority CCUA Web Map
41 3176 Old Jennings Road Info:
0.� Middlebur Florida 32068-3907 Water Features
g+ Prepared by CCUAGIS Portal'a Phone 904 272 5999 - Gravity Sewer Features
�t 9/16/2024,1:04:37 PM Forced Sewer Features
Conservation.Commitment.Community
/TYAUT 1 1 inch = 100 feet - Reclaimed Features