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HomeMy WebLinkAbout05.e.03 DA KU24.25-28 - Zen Dumpling KU24/25-28 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 WELLS ROAD RETAIL CENTER 1939 WELLS ROAD, SUITE 1 SETTLEMENT AGREEMENT#1 FOR ZEN DUMPLING Parcel Number: 06-04-26-010672-006-00 (Kingsley System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this 4'4 day of Andy ,2025,by and between PROPERTY MANAGEMENT SUPPORT,INC.,a Florida corporation, as Trustee of WELLS ROAD LAND TRUST U/T/A DATED JUNE 13,2003,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 Property Management Support,Inc.,and Clay County Utility Authority,dated September 20, 1999, Agreement No.KU99/00-3 in order to assess the additional connection charges for the new tenant,Zen Dumpling, now occupying Suite 1 of 1939 Wells Road, which exceeds the number of ERCs previously paid for under 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: ($465.75 x 2.823333.ERCs) $ 1,314.97 * Alternative Water Supply Surcharge: ($399.65 x 2.823333 ERCs) $ 1,128.35 * SJRWMD Black Creek Connection Charge: ($103.66 x 2.823333 ERCs) $ 292.67 * Wastewater Capacity Charge: ($4,243.50 x 2.823333 ERCs) $ 11,980.82 * Environmental Impact Charge: ($410.00 x 2.823333 ERCs) $ 1,157.57 * (b) Debt Service Charge: ($196.73 x 2.823333 ERCs) $ 555.43 * (c) Meter Installation Charge $ N/A ** (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording Fee $ 60.00 (g) Administrative Service Charge $ 100.00 Total $ 16,666.81 -2- * - Includes 2.823333 ERCs for water and 2.823333 wastewater, based on a 66 seat restaurant, all in accordance with Utility's Rate Resolution. ** - The Developer will utilize the existing 1-inch meter Premise#P022993 which was paid for in the original agreement. 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: Property Management Support, Inc. Attn: Kevin Walker 1 Sleiman Parkway, Suite 270 Jacksonville, Florida 32216 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 maintain the existing reduced pressure type backflow prevention device which shall be located immediately downstream of Utility's 1-inch potable water meter.The device shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. 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. 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 current 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 billing 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. -3- 7. 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. 8. 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. 9. Connection charges for this project were calculated based on the 66 seat capacity of Zen Dumpling,a restaurant that will occupy Suite 1,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. 10. 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. 11. Except as expressly modified and amended herein by this Modification Agreement, all of the conditions of the original Developer Agreement KU99/00-3,dated September 20, 1999,shall remain in full force and effect. 12. 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 may be 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: PROPERTY MANAGEMENT SUPPORT, INC, a Florida corporation,as Trustee of WELLS ROAD LAND TRUST u/t/ dat d J e 13, 2003 Witness:/"'(tif�1i .+�.41 By: (Seal) Print Name: y1t\%c..1c..t( 1ot,04*e Print Name: Title: Witness: 6 aaa, /f 14�e 4 0,4A / Print Name: P�a/`(oeer&.. /4u STATE OF NIrti JP COUNTY OF •N ul i I The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ onlinc notarizatierrthis .�,041 day of MGM , 2025, by (MICG,e,�. t k�7.��✓ , as reS 1 le,' of PROPERTY MANAGEMENT SUPPORT,INC,a Florida Corporation,as Trustee of WELLS ROAD LAND TRUST U/T/A DATED JUNE 13,2003,who is personally known to me ul ham piudu.cd , aS rathtjfi.a.idi1. cv<r-di Lt.( Print Name: MI ck..i., Notary Public State of Florida I Notary Public Michael Kohoutek ► State of Florida at Large III Expires My Commission HH 633500 I MyCommission Ex ires:3- ( S-� Expires 3/16/2029 ► p [Signatures Continue Next Page] -5- WITNESSES: UTILITY: CLAY OUN UTILITY AUTHORITY Witnes By: Print Name: LI). ,f r�er ��lU Kimberly Richardson, on behalf of Jeremy D. Johnston,P.E., M.B.A. Executive Director Witness: irrif (Corporate Seal) 9414 Print Name: Andrew Mittlid STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization,this 2114 day of May , 2025, by KIMBERLY RICHARDSON, as CHIEF HUMAN RESOURCES OFFICER of CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. -A/17Y/41(4"* ..'--- Print Name: Andrew H Miteheti Notary Public State of Florida i Notary Public in and for the. Andrew H Mitchell I My Commission County and State Aforesaid ���� Ezp 10125i2028 My Commission Expires: iv2.S/;,s WELLS ROAD RETAIL CENTER 1939 WELLS ROAD, SUITE 1 SETTLEMENT AGREEMENT#1 ZEN DUMPLING Parcel ID#06-04-26-010672-006-00 Clay County EXHIBIT "A" A portion of Section 6, Township 4 South, Range 26 East, Clay County,Florida, and being more particularly described as follows: For a point of reference, commence at the intersection of the Easterly right-of-way line of Blanding Boulevard(State Road No.21, a 100 foot right-of-way, as now established) with the centerline of Wells Road (a 100 foot right-of-way, as now established); thence South 88°36'30" East along said centerline of Wells Road, a distance of 220.00 feet; thence North 01°23130" East, a distance of 50.00 feet to a point in the North right-of- way line of said Wells Road and the Point of Beginning. From the Point of Beginning thus described, run North 01°23'30" East, a distance of 175.00 feet; thence South 88°36'30" East parallel to the aforementioned Northerly right-of-way line of Wells Road, a distance of 150.00 feet; thence South O 1°23'30" West, a distance of 175.00 feet to a point in the aforementioned Northerly right-of-way line of Wells Road; thence North 88°36'30" West along said Northerly right-of-way line, a distance of 150.00 feet to the Point of Beginning. Lands thus described contain 0.60 acres, more or less. _ 1O ►� . N 1 l W4-1© p 0 E I 19 ct r — •- v 3 c 0 1919 2 1 C7 to v f; I T dditional ERCs for 1939 Wells 29 oad, Suite 1 - Zen Dumpling r- c o 3 Ric 2 /hi I c; I 1939 21 I II xf‘.)-- 12'WMo -1 K. 3 WELLS RD 0 )0 • r 0 rC' S l s 12'WM on H7-4 ') illicO • '---y 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. I / ` CCUA 1,S CO(7NT Title: A. Clay County Utility Authority CCUA Web Map - 3176 Old Jennings Road /i I Middleburg, Florida 32068-3907 Info:prepared by CCUAGIS Portal water Features G 'ta Phone 904 272 5999 ill■ Gravity Sewer Features J/ 5/28/2025,9:05:53AM m Forced Sewer Features Conservation.Commitment.Community�TYAUTN� 1 inchch = 100 00 feet - Reclaimed Features