HomeMy WebLinkAbout05.e.07 DA KH24.25-3 - Ellianos Coffee Return to:
KH24/25-3
Clay County Utility,Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907..
ELLIANOS COFFEE LOCATED AT •
7461 STATE ROAD 21(Keystone System).
Name of Project
Parcel.Number:.20-08-23-002182-001-00
Clay County .
DEVELOPER AGREEMENT' .
THIS DEVELOPER AGREEMENT("Agreement"),made and entered into this t.1.+h . day of
r�� ,2025 by and between SD COFFEE'HOLDINGS,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 b reference(hereinafter"Property"),
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;
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 of the point . .
of delivery.
(b) ' :""Contribution-in-Aid-of-Construction(CIAO)"-The:sum ofmoney and/or the value
P p rtY represented
of rop a by the cost of the wastewater collection system,potable water distribution system,
and reclaimed 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. .
RECEIVED
APR 1 6 2025
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: • : (c) : "Equivalent Residential Connection miter-A factor expressed in galloons per.day
• (GPD)which is used to convert a given average daily (ADF)to the equivalent number of residential
• • :connections. For this purpose the average daily flow of one:potable 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. . :
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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.tfie:following fees:and charges,-as defined in
the•Rate Resolution(including Service Availability:Policy);upon execution of this Agreement in order to-. • •
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reserve capacity in the System: ' • ". : : : :
(a)-- Water Ca$paci?Charge: : : •
( $465: 2:x . ERCs)': $: : 931.5.0.* .
Alternative.Water Supply Surcharge:
.6 2:0 .
($399 5 x 2 0 ERCs) � 799• 30
•SJRWMD Black Creek Charge: : •
($10 :66 x 2 RCs) .•• .
• Wastewater Capacity.Charge
3 .00E $$ ' ::207�32 *
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'• • •• ' ::. ($.4,243.50 x 2:50 ERCs) : .• : • • S. .10,608.75
.Environmental Impact Charge::: •:: . : • ". .. :
: ($410.00 x 2,50 ERCs) - = $. : 1,025,00 * : .
(b) Debt Service Charge:': : . .
($393.46 x 2.0.0:ERCs) s : $.. 393.46* • : : •
. : •. (c) Main Extension-Charge - Water : $ .N/A
.. : ' ... Main Extension Charge- Wastewater $ N/A:
(d . Meter Installation Charge •• : :. $ ' 1,700.64 ** • •
(e) Plan Review Fee : ; :- $ • 346:50
(f) Inspection Fee • .• . .. $- 358.32 :
(g) Recording Fee:•: . , : . • . . $ : ' 127.88 •: .
Total. • $ 16,498:67 •, • . •
• *,-Includes 1.50 ERCs for:water and 2:50 ERCs for wastewater based on a fixture unit count;0:50
ERCs for potable irrigation water service, based.on 41.03 AGPD, all•in''accordance with
Utility„s current Rate Resolution. * •
** -Includes one 1 1/2-inch potable water meter for the building and a 1-inch potable irrigation :
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meter(does not include meter boxes). : . :
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• Note: .Items (e) and (f) are estimates: subject'to adjustment based on actual cost incurred. •
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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.anyreason whatsoever nor shall Utilitpayany- upon
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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.
Paid capacity or connection charges may not be applied to offset any service bill or other claims 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 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.
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• .. 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 accordance
with Utility-approved plans and specifications, for period'of two (2)years from the date of the systeni.
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 Of 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 Utili .
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 riot have been reasonably •
- discovered upon normal engineering inspection,to be and in effect for a period`of two•(2)years from_ : • : :
the date of the system's acceptance by:Utility.
'Developer a rees to transfer: : p g 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:'
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• (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. :
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- (b) Provide copies of invoice's and Release of Liens from contractor for:installation of the utility
•.. systems as well.as for any:repairs to:th•e.Systems which may have been caused by other subcontractors
dunng construction.:. - .
(c) Assign any and all warranties and/or maintenance bonds as set forth herein:
(d) Provide all operations;.maintenance: arid: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.
•. (f) • Convey to Utility;if so designated byUtility,by recordable document in form satisfactory
: . � 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 EnvironmentalProtection certifying installation of all potable water and wastewater facilities
in accordance with approved plans: :
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• . 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 arid 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
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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
: . . riot be liable for any temporary interruptions in service as a result of equipment failure,emergencies or Act
' of God. .
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• The covenants arid agreements of Developer contained in paragraphs 5,6'and 7 hereof shall survive
Utility's acceptance of any On-site and Offsite Facilities and Utility's commencement of service to the . -
: Property. Shouldany: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 demandfor cure mailed to Developer,temporarily interrupt service to
the Property until such outstanding:covenant oragreement 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 of:them, 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
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. -liens on the Property shall be required to release such liens,subordinate their position-or join in the grant or
: dedication of the easements or rights-of-way, or give to Utility assurance by way of a•"non-disturbance
agreement";thatin 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-orrights-of-way for
. utility purposes and.there shall be adequate legal access to same.
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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 potable water,reclaimed 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 potable
water,reclaimed water;and wastewaterfacilities•accepted by.Utility in connection,with providing potable
water, reclaimed water and wastewater 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 potable water,
reclaimed 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 tithe in the future,and enforce in a reasonable manner,rates or rate
schedules so established.
Notwithstanding any provision iri 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. Quality'of Wastewater-No substance other than domestic wastewater will be placed into the
sewage system.and delivered to the lines.of the Utility directly by the Developer.The Developer shall be
:required to install a grease trap for all non-residential kitchen facilities and sand.traps if floor drains are
connected to the Utility's sanitary:wastewater transmission system..Such installation shall be.in accordance
with the requirements of the Utility's Pretreatment Resolution 21/22-05:Should any•non-domestic wastes,.
grease or oils;including,:but riot limited to,floor wax,paint,chlorides,or saltwater or any substances and
materials which. .contain any hazardous, flammable;-toxic, and/or industrial:.constituents, be directly. •
delivered by Developer to the lines,of the Utility,Developer will be responsible for payment-of the cost and
expense required in correcting or repairing any resulting damage to the system or property of third parties.
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In the event Utility determines that the Property to be served poses a threat of introducing chlorides
salt water, or similar constituents into the collection:or transmission system at levels determined by, the
Utility to be harmful to the wastewater system,including,but not limited to,the system's ability to provide
effluent meeting reclaimed water standards as an irrigation:supply source,:the Utility has the right; in its
reasonable discretion,to decline or discontinue service to such property or.customer and to require such
pretreatment or other measures as are necessary to protect the integrity of Utility's system and:the ability to
serve its members.
:• • • 14. Binding Effect.of Agreement-This Agreement shall be binding upon nand 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:
: 15: • Notice - Until.further written notice by either party to the;other; all notices provided for
herein shall b•e in writing and• transmitted by mail,or by. email,:and if to:Developer, shall be mailed or
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. -- delivered to•Developer at: : •
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SD Coffee Holdings,LLC •
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Attn Scott D.Stewart -
426 SW Commerce Drive#.130 . .
Lake City,Florida 32025
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.
16. 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.
. 17: Costs and Attorney's Fees-In the event the Utility.or Developer is:required to enforce this
Agreement by court roceedin s-b :;institutin suit or otherwise then venue shall lie in Clay-Coun •
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Florida,and the prevailing party shall be entitled to recover from the other party all cost incurred,including
reasonable attorney's fees. • •
18. .: 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'
nstrictions.upon the-use or availability,of labor or materials,:civildisorder,strike,embargo;.natural disaster
or catastrophe,:unforeseeable...failure or b reakdown of•transmission, treatment or other facilities,
governmental .rule, act;order, :restriction- regulation, statute, ordinance; or order, decree, judgment,> gj g
:restraining order or injunction of any court, said party shall riot"be liable for such"non-performance:
19, 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.
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MISCELLANEOUS.PROVISIONS
20. 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.
21. 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 of this Agreement
be waived by either party,unless such additions,alterations,variations or waivers are expressed in writing .
and duly signed.
22. 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:
23.. 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.
24. The submission of this Agreement for examination by Developer does not constitute an offer
but becomes effective only upon execution thereof.by Utility:
25. 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.
26. It is because of inducements offered by Developer to Utility that Utility has agreed to provide
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:
27. 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.
28. 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.
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29. 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.
30. 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.
31. Developer shall not place any conservation easements.over.any of the easement lands that.
contain Utility's water,wastewater, or reclaimed facilities for the project covered by this Agreement.
32. 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.
33. The landscaping for this project(new or existing).shall not include the planting of any trees
within seven and one-half feet(7 ft. 6 in.) of any water, wastewater, and/or reclaimed water mains to be
owned by.Utility.
34. Tap and connection to.Utility's existing 8-inch water main and 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.All water installations shall be in accordance with the
- plans prepared by CHW, an NV5 Company, Project No. 23-0802, as described in Exhibit "B," or as . .
modified in a manner acceptable to Utility.
35. Developer shall install or have installed reduced pressure type backflow prevention devices
which shall be located immediately downstream of Utility's 1 1/2-inch potable water meter for the building
and Utility's 1-inch potable water meter for irrigation.. 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 re-certifications must be submitted to Utility for its records.
These installations and annual re-certifications shall be the responsibility of the Developer or its successors
and assigns.
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36. Developer shall connect to Utility's existing 8-inch sanitary:sewer main, as shown on the
•approved plans titled Zaxby's&Ellianos Keystone Heights,dated Mara:12, 2025,and referenced hereto in
Exhibit"B".The connection to Utility's system 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: All.service lateral lines servicing Developer's"Property;which are located
• ,upstream of the connection to the existing sanitary sewer main,.shall be Developer's responsibility for
ownership,and maintenance and Utility shall own arid maintenance all facilities downstream of Developer's.
connection to the existing sanitary sewer main.
37. Where food preparation facilities:or other facilities 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
interceptors:for each building, 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.. The grease/sand interceptor:shall be designed for the facilities connected to same,
. however,in no event shall be the capacity be less than standard per the current Florida Building Code:
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." In •
• • addition,all floor drains•shall be connected:to:the grease/sand interceptor.
38. . 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.
Developer shall maintain records of maintenance and:cleaning:Those records shall be made available to the •
Utility upon request.
39.. Air conditioning condensation discharge lines and any other:piping that may intentionally or
unintentionally drain stormwater shall riot connect to Utility's wastewater system..
40. The charges shown on page 2,paragraph 4(a)through(g)of this Agreement,are to assess the . . •
charges for Ellianos located at 7461 :State Road 21, as shown on the plans prepared CHW, an NV5
Company,Project No.23-0802,titled Zaxhy's.&:Ellianos:Keystone Heights(See.Exhibit".B");arid do 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.
•
:41. The construction of this project will not commence until receipt by Utility of all necessary
permits and easements,and this Agreement is executed, and the charges stated herein are paid.
42. This Agreement will need to be executed by the Developer,the charges paid(shown on page
2 of the Agreement),before October 1,2025,and the construction of the utilities shall be.commenced before
October 1,2025,.or this Agreement will be subject to any Service Availability charge increases currently
• approved;which may,be applicable or which may beapproved by Utility's Board of Supervisors•for the next
fiscal year beginning'October 1, 2025. This Agreement is subject to any material cost increases which
Utility may experience after October 1,.2025.
-11-
IN WITNESS WHEREOF; Developer and Utility 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:
-
SD Coffee Holding LC.
j a Florida limited ' bility comp
Witne� tiC.«� B � : .. :
, y•
Print N. JWYt I e l//J1a l)AP7 S Sc D. St wart, Manager
.--- Ad
Witness: i
/6 -.
Print Name. (Corporate Seal)
STATE OF I oc uok .
COUNTY OF (o I rvrn b Ok .
The foreg li_glinstrument was acknow_ledged before me by means of El physical presence or❑online
notarization this. day of l c t` ,2025,by SCOTT D.STEWART,'as MANAGER of SD.
COFFEE HOLDINGS,LLC,a Florida limited liability company,who is personally known to me or who
has produced - , as identification.
r�n �1 , jj�l�uk, L
. 015
a4'"',... yo Sa.aflotia. ame: t Oi_I_ :L9_1 1�3 l 1.0
Jenniecommission Lynn ""' Nota Public
w : my HH 127140 notary
SO,Of E*C414° oeno2s State of Florida at.Large
My Commission Expires: �°e b" 05
-12
WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY,
an Independent Special District of the..
t
Sate of Florida
Witness: By; .0
Print Name: 'e " ► TJohnsto ,P.E., M:B.A.
Andrew H Mitchell_ my ,
-cutiv P irecto
(Corporate Seal)
Witn i) i �.� �� .
Prin - na
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of N physical presence or❑online
notarization this (71" day of A ft41 , 2025,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. .
Print Name: Andrew H Mitchell
Notary Public
Notary Public State of Florida State of Florida at Large
Am Anarew H 11Mitchell My:Commission Expires:
MY Commission
ur''1111 '" HH 19tg12
EXp.10f2512025 1�/1S/a5..
•
-ELLIANOS COFFEE•••• .-
7461 State:Road 21 • .• :
- • • Parcel Number: 20-08-23-0.02182-001:-00
- - • . : EXHIBIT."A» • : '
•
•
- A'PARCEL OF LAND SITUATED IN :SECTION.20,-TOWNSHIP 8••SOUTH,RANGE 23 EAST, CLAY• • . .
- - • • COUNTY;°FLORIDA,BEING THE SOUTHERLY 50.00 FEET OF:THE LANDS DESCRIBED IN O.R.BOOK •
• - = • 4224; PAGE 1029 .OF THE -PUBLIC•RECORDS :OF SAID.COUNTY, SAID LANDS BEING MORE • . •
PARTICULARLY DESCRIBED AS FOLLOWS: .• : •
COMMENCING.AT.TE:INTERSECTION•H OF.THE NORTH-LINE.OF SAID SECTION:•20 WITH THE • . •
.EASTERLY RIGHT OF WAY LINE OF STATE.ROAD NO. 21 (HAVING A RIGHT OF_WAY WIDTH.OF
• 100.FEET), THENCE SOUTH 35736'40" WEST;•ALONG•SAID RIGHT-OF WAY-LINE; A DISTANCE OF- •. . -
• - 1029.08.FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 35°36'40"WEST, ALONG • •
• • • •_ •• SAID RIGHT OF WAY LINE,A DISTANCE OF 91.70:FEET;THENCE DEPARTING SAID.RIGHT OF WAY •
• : LINE, SOUTH 54°25'59'.' EAST,. A.DISTANCE OF.210.07-FEET TO•THE EASTERLY. LINE:OF SAID.: • • .
'. .LANDS DESCRIBED IN O.R.:BOOK 4224,PAGE 1029;-THENCE.NORTH 35°38'22"EAST',ALONG SAID.. : . • .
• EASTERLY LINE,A•DISTTANCE OF 92.01 FEET;.THENCE DEPARTING SAID EASTERLY.LINE,NORTH : •
54°31'05"WEST,ADISTANCE OF 210:11 FEET.TO THE POINT.OF BEGINNING.- • • : . : .•
•
•
•
•
•
•
•
•
•
X.15enice Aveilabi6"IDeveloper Apemen!Metter FileH)evelopei Agrem¢ntAK)tone Heighl,1 GRELLIAN0S.74(1 SR 21 Aoc
EXHIBIT"B"
DESCRIPTION OF APPROVED CONSTRUCTION PLANS
(Less and except plans to be replaced due to minor changes required)
Project: Zaxby's and Ellianos
Engineer: Daniel H. Young, P.E.
CHW, an NV5 Company
1180.1. Research Drive
Alachua,Florida 32615
Date: March 2023
Project No. 23-0802
Engineer. Description Latest
Drawing .: Engineer
Number Approved
Plan Date
C0.00: . COVER SHEET 03/12/2025
1 of 1 _ BOUNDARY AND TOPOGRAPHIC SURVEY 03/12/2025
C0.10 GENERAL NOTES
03/12/2025
C0.11 LEGEND
03/12/2025..
C0.20 STORMWATER POLLUTION:PREVENTION.NOTES 03/12/2025
C0.21 STORMWATER POLLUTION PREVENTION PLAN= 03/12/2025
C0.30 DEMOLITION AND TREE PROTECTION PLAN 03/12/2025
C 1.10: DETAILED:HORIZONTAL CONTROL AND SITE PLAN. 03/12/2025
C1.20 ACCESSIBILITY SITE PLAN 03/12/2025
C2.10 DETAILED GRADING AND DRAINAGE PLAN 03/12/2025
C2.20-C2:21 : .SMF PLAN.AND DETAILS 03/12/2025
C2.30 CONSTRUCTION DETAILS 03/12/2025
C3.10 . DETAILED UTILITY SITE:PLAN 03/12/2025
C3.11-C3.12 UTILITY DETAILS 03/12/2025
FT-1 := AUTO TURN FIRE TRUCK. 03/12/2025
LS-1 LANDSCAPE SCHEDULE, DETAILS AND NOTES 03/13/2025
LS-2 LANDSCAPE PLAN 03/13/2025
IR-1 IRRIGATION SPECIFICATION AND DETAILS 03/13/2025
IR-2 IRRIGATION PLAN 03/13/2025
P1 ELECTRICAL SITE PLAN 01/14/2025
P2 PHOTOMETRIC PLAN 01/14/2025
P3 SCHEDULE AND DETAILS 01/14/2025
P4 PHOTOMETRIC PLAN 01/14/2025.
X'S'vi c Avail bititv'Devdope Agrc mrnt Mastic FiI\Deed per Agr<emmtsVCeyRone HeightsWGR.ELLIANOS.74G I SR 21 doc -
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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
f►� 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.
L7... j A CCUA
C
�� CO("N Title:
___ 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 4l21/2025,1:19:48 PM - Forced Sewer Features
Conservation.Commitment.Commundy.
lTYAUTN� 1 inch = 200 feet - Reclaimed Features