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HomeMy WebLinkAbout05.e.03 DA CU24.25-25 - Anejo Cocina Mexicana CU24/25-25 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 CLAY TOWN CENTER—LOT 9 1660 JEREMIAH STREET, SUITE 201' SETTLEMENT AGREEMENT#1 FOR ANEJO COCINA MEXICANA Parcel Number: 32-04-25-008102-013-00 (Clay Utility System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this 2g4" day of .T'4y ,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. CU23/24-8, recorded in Official Records Book 4793,pages 660-677, of the Public Records of Clay County, Florida, in order to assess the additional connection charges for Anejo Cocina - Mexicana,now occupying suite 201 of 1660 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 21.254 ERCs) $ 9,899.05 * Alternative Water Supply Surcharge: ($399.65 x 21.254 ERCs) $ 8,494.16 * SJRWMD Black Creek Water Resource Charge: ($103.66 x 21.254 ERCs) $ 2,203.19 * Wastewater Capacity Charge: ($4,243.50 x 21.254 ERCs) $ 90,191.35 * Reclaimed Water Capacity Charge: ($310.50 x 0.0 ERCs) $ N/A (b) Debt Service Charge: ($196.73 x 21.254 ERCs) - $ 4,181.30 * (c) Meter Installation Charge $ N/A ** (d) Plan Review Fee $ 38.50. (e) Inspection Fee $ 38.50 (f) Recording Fee $ 49.77 (g) Administrative Service Charge $ 100.00 / Total $ 115,195.82 -2- * - Includes 23.254 ERCs for water and wastewater,based on a restaurant with 270 seats,all in accordance with Utility's Rate Resolution.Less the 2.0 water and wastewater ERCs paid for in the original Developer Agreement CU23/24-8, dated January 17,2024. ** - The Developer will utilize a 1 1/2-inch meter,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: '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 1 1/2-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 a restaurant, Anejo Cocina Mexicana, having 270 seats which will occupy suite 201, 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. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement CU23/24-8, dated January 17, 2024, shall remain in full force and effect, except as modified herein. 9. 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. 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: DE LOPER: CL• OWN CEN"�ERVI f GE L . , a De a ,a limited l%.ili• • pan, Witness: By: * � �� Seal Print Name: David Kig ,Manage �r Witness: Print Name: I SEE ATTACKED FOR OFFICIAL STATE OF ACKNOWLEDGMENT COUNTY OF The foregoing instrument was acknowledged before me by means of(]physical presence or❑online notarization this day of , 2025, by DAVID KIGHT, as MANAGER of CLAY TOWN CENTER VILLAGE LLC,a Delaware limited liability company,who is personally known to me or has produced , as identification. Print Name: Notary Public State of Florida at Large My Commission Expires: [Signatures continue next page] CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On VII 2 i 2172-5 before me, Sepoima lmeleta Vaeao, Notary Public, (Han trsorl nanno and Ida at rho otttons) personally appeared 17 ClVI Ot ik i)hi ' who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that • he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � �5�`°`ryF SEPOIMA IMELETA VAEAO WITNESS my hand and off giseal. — _ L CoMM.#C-CAUF6 'c ' � NOTARY PUBLIC-CALIFORNIA - SAN DIEGO COUNTY — 01r-/ 1- -MY CO!?M.EzP_MAR_10t 2027 t Notary Public Signature (Notary Public Seal) ADDITIONAL�PTI�NAE. INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM llrisform camplles with current California statutes regarding notary wording and, P SCRIPTION OF THE ATTACHED DOCUMENT i needed,should be completed and attached to the document.ilcknowledgmcnts from other states may he completed for documents being sent to that state so bog as the wording does not require the California notary to violate California otary I4. ( tle or d:- 'Minn of attached document) • S I, and County information must he the Slate and County whc the document sign s)personally appeared before the notary public for ackn•:0 edgment. • Date o ttirizalion must be the date that the signer(s)pe ally appeared*filch -or sal.l • attached document continued) must also t the same date the acknowledgment is co ) -ted. • The notary 'lic must print his or her name a , appears within his or her Number of Pages Document D. = commission folio•1..by a comma and then y• tic(notary public)- • Print the name(s) o documesit signers) • personally appear at the time of notarization. CAPACITY CLAIM Y THE SIGNER • Indicate the correct singu . or plu . forms by crossing off incorrect firms eta. El Individual(s) helshc1ticeyr is here)or circlin,, . correct forms.Failure to correctly indicate this information may lead to raj. '• , document rereading. 1 0 Corporate tr leer • The notaryseal im n must • clear und photographically� �� � P t�P� y tnptnducible. Impression must not ver test ot lines. _ seal impression smudges,re-se;tl if a Vile) sufficient area pe .ts,otherwise complete a efferent acknowledgment form. © Pa er(s) • Signature of . notary public must match the azure on file with the office of the county• Mirk ❑ •mey-in-Fact ,8 •dditionat information is not required but • d help to ensure this Trustee(s) acknowledgment is not misused or attached to a di t nt document. Other + Indicate title or type of attached document.number of -es and date. ® + Indicate the capacity claimed by the signer.If the claime, capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), 2015 Verslon rem NotaryClasscrs.conl 8M-873-98G6 • Securely attach this document to the signed document with a slaplc. - -4- WITNESSES: UTILITY: CLAY COUNTY UTI cI A HORITY Witness: 01 1( By: Print Name: drew H Mitchell it-re :'r''on, .E.,M.B.A. ec mumector Witness: Print Nam6: s (Corporate Seal) STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization,this 2•1*" day of 7- 17 , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to BYO Andrew HlieI1 Print Name: Notary Public in and for the Notary Public State of Florida County and State Aforesaid Andrew H Mtt�hr ft My Commission Expires: 4 h, . My Commission is 106.1 `9.!X1Ifl1`," 71N 190802 �ZS EXp.10/28/2025 • • CLAY TOWN CENTER-LOT 9 : 1660 JEREMIAH STREET, SUITE 201 SETTLEMENT.AGREEMENT#1 FOR ANEJO COCINA MEXICANA : 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: COMVMMFNCE AT THL:NORTI-IWESTERLY COINER OF SAIL) SECTION 32:,THENCE SOUTH 00°21'12" EAST, ALONG :THE WESTERLY I.,INF OF SAID SECTION. 32. A DISTANCE OF 385.91 FEET, THENCE NORTH 89°38'48" EAST, 79.95 FEET. TO THE : [AS'FERLY.RIGHT.OF WAY LINE OF BRANAN FIELD ROAD (A VARLABL,E WIDTII • • RIGHT.OF WAY, AS NOW ESTABLISHLD), AND THE: I'OINT (.)I. 131 GINNIN1, THENCE SOUTHERLY AND WESTERLY:ALONG SAID EASTERLY RIGI-I;I OF WAY LINE, RUN TI-11-7, FOLLOWING FOUR (4).:COURSES AND DISTANCES: COURSE NO. 1,• SOUTH 00°40.'10" WEST. 21.64 FEET; C(°)1:IRS[ NO.:2: SOUT1-100°20'48" EAST,42.91 FEET; COURSE.NO..3: SOUTH 89°38'48'.':WEST, 39:96.FEET; C(..)1.1RS1: NO, 4: SOUTH 00°21'12" EAST, 535,69 FEET;. 11-IENCI NORTH 89°39'4 3" EAST, 23.1.50 FEET; THENCE NORTH00°21'12"" WEST.: TO THE POINT OF CURVATURE OF • A CURVE LEADING NORTHEASTERLY; THENCE NORTHEASTERLY,ALONG AND AROUND-1'1-JE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY, I-LAVING A RADIUS OF. 233.50. FEET, AN ARC DISTANCE OF 153.83 FEET, SAIL) ARC BEING SUBTENDL:D BY A. CI-IORD BEARING AND DISTANCE OF NORTI.I 18°31'12 EAST, 151:07. 1 EET; THENCE SOUTHI 89°45'06" WEST, 240.02 FEET, TO THE I O1NL. (OF` BEGINNING. N SIN W iN i.F LS( I A 1 OI 1 N (• Mao I !., �� art' Installation of one 1-1/2" meter for ,o*aM on F�.� a" RM on BFC-1 Anejo Cocina Mexicana - 1660 i>" ;� '� ` _ 7/711*--- :.:: Jeremiah Street, Suite 201. '',�t I " P. M Ce F p 0 - J IL T W m •. o` m z Io `! Q m to No f. IL L .) CO I I 1660 o .. . m Lc) (S 4'WM on BFC-5 Mil 14 CO ,V . o 0 -T p '.' CIACD 0 1 1 , Z 1615 I on IX o ~� 14v. • OM 0 • ►�O N r .. 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 �1 'CCUA (1, -( C�VT 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 J� C vs 7/28/2025,1:11:21 PM - Forced Sewer Features Conservation.Commitment.Commundy. �TYAUTNu 1 inch = 100 feet m Reclaimed Features