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HomeMy WebLinkAbout05.e.02 DA CU24.25-15 - Domino's Pizza Return to: CU24/25-15 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 Parcel Number: 32-04-25-008102-013-00 CLAY TOWN CENTER—1690 JERENIIAH STREET Clay County SUITE 113—SETTLEMENT AGREEMENT#1 FOR DOMINO'S PIZZA (Clay Utility System) Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 7+" day of Ap.';( ,2025,by and between CLAY TOWN CENTER VILLAGE,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,and described in Exhibit"A", attached hereto and incorporated herein by reference(hereinafter"Property"); WHEREAS,this agreement is for the purpose of modifying the original Developer Agreement for the project between Clay Town Center Village,LLC,and Clay County Utility Authority,dated January 17,2024,Agreement No. CU23/24-7,recorded in Official Records Book 4793,pages 642-659,of the Public Records of Clay County,Florida,in order to assess the additional connection charges for Domino's Pizza,now occupying suite 113 of 1690 Jeremiah Street, which exceeds the number of ERCs previously paid for under the 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: ($465.75 x 0.447295 ERCs) $ 208.33 * Alternative Water Supply Surcharge: ($399.65 x 0.447295 ERCs) $ 178.76 * SJRWMD Black Creek Connection Charge: ($103.66 x 0.447295 ERCs) $ 46.37 * Wastewater Capacity Charge: ($4,243.50 x 0.617242 ERCs) $ 2,619.27 * (b) Debt Service Charge: ($196.73 x 0.447295 ERC) $ 88.00 * (c) Main Extension Charge-Water $ N/A Main Extension Charge-Wastewater $ 351.86 ** (d) Meter Installation Charge $ N/A *** (e) Plan Review Fee $ 38.50 (f) Inspection Fee $ 38.50 (g) Recording Fee $ 49.77 (h) Administrative Service Charge $ 100.00 Total $ 3,719.36 * - Includes 1.013333 ERCs for water and 1.183280 wastewater, based on the fixture unit count, all in accordance with Utility's Rate Resolution.Less the 0.566038 water and wastewater ERCs paid for in the original Developer Agreement CU23/24-7, dated January 17,2024. ** - See paragraph 8 for an explanation of the charge. *** - The Developer will utilize a 3/4-inch meter,which was paid for in the original agreement. -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: Clay Town Center Village, LLC. Attn: David Kight 2300 Marshpoint Road, Suite 202 Neptune Beach, Florida 32266 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 3/4-inch potable water meter,which is proposed to service Developer's facilities and such installation shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. Upon the completion of the installation of said device, Developer shall provide to Utility for its permanent records the Make,Model, Size, and Serial Number of said device. Furthermore, this device must be tested and recertified by a certified backflow preventer technician annually or such other period as may be required by Utility. Proof of the annual testing and recertification must be submitted to Utility for its records. The installation and annual recertifications shall be the responsibility of the Developer, its successors or assigns. 6. Developer shall continue to maintain the existing grease/sand interceptor. 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. 7. Connection charges for this project were based on the fixture unit count for Domino's Pizza, which will occupy suite 113,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 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- 8. The charge shown in paragraph 4(c) "Main Extension Charge - Wastewater", of this Agreement, is Developer's share of the cost of the gravity main and wastewater force main across Old Jennings Road,installed with the Summerbrook Subdivision development,as well as Developer's share of the cost to upgrade Lift Station#111,which is necessary to accommodate the additional wastewater from this project. 9. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement CU23/24-7, dated January 17, 2024, shall remain in full force and effect, except as modified herein. 10. 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] -4- 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: CLAY TOWN CENTER VILLAGE,LLC, a Del limited lia ' ity co Witness: i By: (Seal) Print Name: David Kig , an r Witness: Cu-2st44rUc-/>‘-- Print Name: ( /.4).\,c.Z„ U,,c`t'c,- STATE OF riGrL :AA% COUNTY OF tx,\ The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization this 0`A day of .o,ri \ , 2025, by DAVID KIGHT, as MANAGER of CLAY TOWN CE TER VILLAGE,LLC,a Delaware limited liability company,who is personally known to me or has produced o� �n LAL>. , as identification. Rda _ Cl iR4 COLLEEN HICKEY Print Name: (`so\ ��{ °• "= MY COMMISSION#HH 203374 Notary Public :o EXPIRES:November 30,2025 State of Florida at Large Bonded Thru Notary Public Underwriters g My Commission Expires: I l 0\ Via-S WITNESSES: UTILITY: y ,�' CLA COUNTY U :�I ITY A THORITY Witness: � 11741 � By: . Print Name: Andrew H Mitchell (1. my D. nston, '.E.,M.B.A. E.e:. 've -ctor (Corporate Seal) Witness: Print Name: 'J e STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of I] physical presence or ❑ online notarization,this lot day of P i I. , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILLITY AUTHORITY,who is personally known to me. _.c ;/4 1/&4,✓ Print Name: Andrew H Mitchell Notary Public State of Florida l Notary Public in and for the • My Commisiit hell County and State Aforesaid ""'`III "'" HH 190802 Exp.10!25/2025 My Commission Expires: LCI 5/1-S 1690 JERENIIAH STREET, SUITE 113 SETTLEMENT AGREEMENT#1 DOMINO'S PIZZA Parcel ID#32-04-25-008102-013-00 Clay County EXHIBIT "A" (Parcels 7, 8, and 9) A PORTION OF SECTION 32, TOWNSHIP 4 SOUTH. RANGE 25 EAST. CLAY • - COUNTY, FLORIDA, BEING'MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID SECTION 32: THENCE • SOUTH 00°21'12" EAST. ALONG THE WESTERLY LINE OF SAID SECTION 32. A DISTANCE OF 385.91 FEET; THENCE NORTH 89°38'48" EAST, 79.95 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF BRANAN FIELD ROAD (A VARIABLE WIDTII RIGHT OF WAY, AS NOW ESTABLISHED), AND THE POINT-OF BEGINNING; THENCE SOUTHERLY AND WESTERLY,ALONG SAID EASTERLY RIGHT OF WAY LINE, RUN TIIE FOLLOWING FOUR (4) COURSES AND DISTANCES: COURSE NO.. 1: SOUTI-i 00°40'10" WEST. 21.64 FEET;.tOURSE NO. 2 SOUTH 00°20'48"EAST, 42.91 FEET; COURSE NO. 3: SOUTH 89°38'48" WEST, 39.96 FEET; COURSE NO..4: SOUTH 00°21'12" EAST. 535.69 FEET; THENCE NORTH 89°39'43" EAST, 231.50 FEET; THENCE NORTH 00°21'12" WEST. 456.91 FEET, TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHEASTERLY;THENCE NORTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 233.50 FEET. AN.ARC DISTANCE OF 153.83 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 18°31'12" EAST, 151.07 FEET; THENCE SOUTH 89°45'06" WEST, 240.02 FEET, TO THE POINT'OF. BEGINNING. CCi N CI Z 7�1�` o = W W\�iE VERY DR Z "� a • - !DISCO Lu m Z s J — — U OLD JENNINGS RD H 1 'I. AlIAMIIII.. ki'4r IMM.MMT • M 1 • • m• 6,4 • • a .. . E ill ..._ • • Domino's Pizza- Using existing service A to 1690 Jeremiah Street Suite 113 .fir - o 4. ce c 9 J LU 1 1►. - U. T-i ►. o F I )/- Ii,co ►. coV • W14* O ICI 'WTI D ALA, © • d I 41 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. yU /5- I , CCUA (1� COIl I. Title: ___ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: / � Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Features 'a Phone 904 272 5999 = Gravity Sewer Features JC� vs 4/16/2025,11:39:32 AM Forced Sewer Features Co'ises nservation.Commitment.Community �TYAUTNu 1 inch = 200 feet - Reclaimed Features