Loading...
HomeMy WebLinkAbout05.e.01 DA KU24.25-6 - The Silo Shoppes Unit 312 Return to: KU24/2 5-6 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 THE SILO SHOPPES @ HERITAGE FARMS 2219 COUNTY ROAD NO. 220 BUILDING 3,UNIT 312 SETTLEMENT AGREEMENT#40 Parcel No. 02-05-25-008827-131-24 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT lq THIS mfg. . 1. . N TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 1 day of vv., le. 2024,by and between GEORGE TAHAN,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 KU05/06-81,dated June 16, 2006, and recorded in Official Records Book 2753, pages 453 through 466, for the purpose of assessing additional capacity charges for Puff Signal 2, Inc., now occupying Unit 312 of 2219 County Road 220, which exceeds those capacity charges paid for in the previous 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: ($465.75,x 0.054781 ERCs) $ 25.51 * Alternative Water Supply Surcharge: ($399.65 x 0.054781 ERCs) $ 21.89 * SJWMD Black Creek Water Resource Connection Charge ($103.66 x 0.054781 ERCs) $ 5.68 * Wastewater Capacity Charge: ($4,243.5.0 x.0.19525 ERCs) $ 828.54 * Environmental Impact Charge: ($410.00 x 0.19525 ERCs) $ 80.05 * Debt Service Charge: ($196.73 x 0.054781 ERCs) $ 10.78 * (b) Customer Connection Charge (Tap-in)-Water N/A Customer Connection Charge (Tap-in)-Wastewater N/A c) Meter Installation Charge 509.10 ** d) Plan Review Charge 38.50 e) Inspection Charge 38.50 f) Recording Fee 58.45 • g) Administrative Service Charge $ 100.00 Total $ 1,717.00 * - Includes 0.330667 ERCs for water and 0.463023 for wastewater for Unit 312,based on the fixture unit count, all in accordance with Utility's Rate Resolution. Less the 0.275886 water and the 0.267773 wastewater ERCs paid for in prior Developer Agreement. ** - Includes one 1-inch potable water meter installation without a meter box. -2 - 3. 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. 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,by mail, or by electronic mail, and if to Developer, shall be mailed or delivered to Developer at: Mr. George Tahan 5013 Lindion Court Jacksonville,Florida 32257 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. 5. Developer shall install or have installed a reduced pressure type backflow prevention device which shall be located immediately downstream of Utility's one(1) 1-inch potable water meter,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 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. This installation and annual recertification shall be the responsibility of the Developer or its successors and assigns. 6. The Utility shall own and maintain all facilities upstream of the downstream side of the potable water meter, and all facilities downstream of the downstream side of the potable water meter shall be owned and maintained by Developer.Utility shall have access to the water meter for meter reading and maintenance purposes. 7. Developer shall install or have installed grit/sand trap interceptors(stainless steel sand screens)for each floor drain in the facility that are not connected to the grease/sand interceptor, 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. 8. Air conditioning condensation discharge lines and any other piping that may intentionally or unintentionally drain stormwater, shall not connect to Utility's wastewater system. 9. Connection charges for this project were based on the fixture unit count for the retail shop, 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,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. - 3 - 10. All of the conditions of Developer Agreement KU05/06-81, dated June 16, 2006, and recorded in Official Records Book 2753,pages 453 through 466,shall remain in full force and effect,except as modified herein. 11. This Agreement will need to be executed by Developer,and the charges paid(shown on page 2, of Agreement),prior to October 1,2025,or this Agreement will be subject to any Service Availability charge increases currently approved,which maybe applicable, or which may be approved by Utility's Board of Supervisors for the next fiscal year beginning October 1,2025. [Signatures begin on next page] , ,a 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: Witne s U By: �� s Print Na George Tahan Witnes . C C\c\ r•c•• Print . STATE OF DAr COUNTY OF Cl The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this day of . g , l' ,2024 by GEORGE TAHAN,who is personally known to me or who has produced IC. 44`3b •p , as identification.‘SciApto Z'. . _ M RI.ariey Printed Name: 3' A Notary Public, State of Florida at Large My Commission Expires: 0 1,4 Notary Public State of Florida Sandra PABlaney 4 My Commission HH 387681 I Expires 7/10/2027 I - 5 - WITNESSES: UTILITY: CLAY COUNTY UTILITY AUTHORITY, an Independent Special !' 'ct of the State of Florida 111) 1 Wi ems__- By: ,a.a,,- t ; --- Pri t Nam %la ).4. cAkm ere , D. ����st• , P.E., M.B.A. xec :'U ector a (Corporate Seal) Witness: A ru•°IF Print Name: ummer P. :erndt STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of © physical presence or ❑ online notarization this aouh day of_1\10Neft)f , 2024, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of the CLAY COUNTY UTILITY AUTHORITY,an Independent Special District of the State of Florida, who is personally known to me. hips/ I1 � f� r��`aY�$,,, SUMMER P BERNDT ���ti JIIV�wt..o • 1 ���� `� ��°��:Notary:Public-State of Florida Print Name: Summer P- Berndt Commission#HH 450194 V,I-r•e.i My Commission Expires Notary Public hiin"� January 26,2028 State of Florida at Large My Commission Expires: 0./Q o/e?$ THE SILO SHOPPES @ HERITAGE FARMS 2219 COUNTY ROAD NO.220 BUILDING 3,UNIT 312 SETTLEMENT AGREEMENT#40 Parcel No: 02-05-25-008827-131-24 Clay County EXHIBIT "A" Unit 312 of the Silo Shoppes at Heritage Farm, a Condominium according to the Declaration of Condominium thereof,recorded in Official Records Book 2835,Page(s) 1214,of the Public Records of Clay County,Florida, and any amendments thereto. Together with its undivided interest in the common elements appurtenant thereto. CO N 1831 V 1993, 1835 w_, �E 10"WM on C220 7 4 0 —S • r _ s t O O Jcn COUNTY ROAD 220 -- -- --_ • 1 fa- 16"FM on C220.7 16"FM on C220-8�Y20r•RM on C220-6 s �] 1 0 I ►• ! 413.-. 10 i0 0 2221 2225 • MI .r I[ rIN c c • �i N 0 Li, = L...E C H ¢ .E © ►. 0 2219 County Road 220 Unit 312 © 0 l� ccc� il • ` • g �/ - 0 0 CC _.--\ \O '. _L _._.1- ' rii. * -------:„...„2.,.."'h3 \ --c--- \ \ 0 .0.''''.' © __I I ^,^19, \ ©� ��I�, Ei. - c �� 1�©� -----\ 1635v JDisclaimer: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. o, ,J J `-'' ` v X CCUA i, C06;\ Title: ` Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: C � Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features /,`� Phone(904)272-5999t� Gravity Sewer Features / 71/27I2024,10:54:11 AM� Co' nse vation.Commitment.Community Forced Sewer Features �TYAUTN� 1 inch = 100 feet - Reclaimed Features