HomeMy WebLinkAbout05.e.04 DA CU24.25-26 - Verde Vida All Day Cafe CU24/25-26
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Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
CLAY TOWN CENTER—LOT 9
1660 JEREMIAH STREET, SUITE 202
SETTLEMENT AGREEMENT#2 FOR
VERDE VIDA ALL DAY CAFE
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 IPA day of TO y ,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 Verde Vida All
Day Cafe,now occupying suite 202 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 6.578 ERCs) $ 3,063.70 *
Alternative Water Supply Surcharge:
($399.65 x 6.578 ERCs) $ 2,628.90 *
SJRWMD Black Creek Water Resource Charge:
($103.66 x 6.578 ERCs) $ 681.88 *
Wastewater Capacity Charge:
($4,243.50 x 6.578 ERCs) $ 27,913.74 *
Reclaimed Water Capacity Charge:
($310.50x0.0ERCs) $ N/A
(b) Debt Service Charge:
($196.73 x 6.578 ERCs) $ 1,294.09 *
(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 $ 35,809.08 : '
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* - Includes 7.578 ERCs for water and wastewater, based on a restaurant with 90 seats, all in
accordance with Utility's Rate Resolution.Less the 1.0 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, Verde Vida All Day Cafe,
having 90 seats which will occupy suite 202, 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: DEVELOPER:
CL •WN CENT R V E LLC,
a D-'aware imited li bili o any
Witness: By: le (Seal)
•
Print Name: David Kight, ag
Witness: Antry public or other officer completing this
Print Nam 6i certificate verifies only the identity of the
Individual who signed the document,to which this
STATE OF Gal _ in i acertificate is attached,and not the truthfulness,
O
COUNTY OF (Calit? accuracy,or validity of that document.
oict
The foregoin instrument was acknowledged before me by means of❑X physical presence or El online
notarization this day of ,I U.,tJ , 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 identi tcation.
Print Name: c'e f oii i b Jenettto Vey'a. ?
]] , Notary Public
SEPOIMA IMELETA VAEAO (J/._
COMM.#C.CA IF6 MyCommission Expires: �' t) LD21
N NOTARY PUBLIC-CALIFORNIA N p ®��l
7�1 SAN DIEGO COUNTY
°+aroaN`' Mr CGMM.Eza_MAR.toy 2021 E
[Signatures begin on next page]
-4-
WITNESSES: UTILITY:
�/�� CLA COUNT U ; •.0 HORITY
=
Witness: 41(4 By: \ AAvow
Print Name: A -I shell re r, •., ohnsto P.E.,M.B.A.
e utive 6I rector
Witnes
Print N e: ,_smell ,shor, (Corporate Seal)
STATE OF FLORIDA
COUNTY OF CLAY
The foregoing instrument was acknowledged before me by means of 0 physical presence or D
online notarization,this 18+^ day of 3 d y , 2025, by JEREMY D. JOHNSTON, as
EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to
me. /C/ /1/17(
Print Name: Andrew H Mitchell
Notary Public in and for the
=otarye of Florida County and State Aforesaid
Hell My Commission Expires:
•
•
CLAY TOWN CENTER=LOT 9'
1660 JEREMIAH STREET, SUITE 2.02 . • • •• • • • •
SETTLEMENT AGREEMENT#2 FOR . • . • .
VERDE'VIDA ALL DAY.CAFE '
.. - Parcel ID#.320.4-25-008102.-0.13-00.. • : : . . . : . : - : . . '
Clay County ' . • • . • . • .
• .• : EXHIBIT "A!' :
. . . • . . . - -. • . • . .. - . • •• s.7, 8, arid9). • . • '• . . . ..
(Parcel . .
A •PORTION OF SECTION :32, TOWNSHIP 4 SOUTH, RANGE 2S EAST: CLAY ' :
' COUNTY, FLORIDA. I3EING'M,C)RE PARTICULARLY,"'DESCRIBED AS FOLLOWS:
'COMMENCE.AT TI lE NORTI°IWES"I"ERLY-.CORNER OF.SAID SECTION 32:.THENCE
. . • •SOUTH 00°21'12 EAST, ALONG 'THE WES:I`ERL,Y. .LINE. Of SAID SECTION 32. A •
• . • . .DISTANCE OF 385.9.1.FEET: THENCE NORTII 89°38'48" EAST,'79.95 FELT, To `CHE •• .
. rASTCP.LY.RIGHT:OF WAY LINE OF'BRANAN.FIIELD•ROAD.(A.VARIABLE WIDTII . • •
: • - .RIGHT:OF-'WAY.• AS NOW :ESTABLISHED), .AND: TrILE. :POINT.OF BEGINN1NCr, • •
- • THENCE SOUTIIERLY.AND.WESTERLY. ALONG SAID EAS'ITERLY RIGHT'OF WAY
LINE, RUN THE FOLLOWING"FOUR (4) COURSES AND DISTANCES: COURSE•NO.
1:.,SOUTH 00°40'l0":WLS'1'. 2.1.64.FEET:CO 1�i I S F'NO. _?: SOUTI-I 00°20'48 EAST,42.91 '
FEET; COURSE NO. 3: .SOUTH:89°38'48" WEST: •39.96 FELT; COURfiF. NO.. =I: SOUTH • .
00°21'12 EAST. 535.69 FEET, Tl-IENCE NORTH 89°39'4 3" •FAST, 231.50 FEET; . •
' • . THENCE NORTE100°21'12" 17v7FS'I•,.456.91.FEET, "1"O'I'IIIE POINT OF CURVATURE OF• • • • ' iA•CURVE LEADINGNORTI-TEASTERLY;:THENCE NORTHEASTERLY,ALONG AND •
- • ' AROUND •I HE ARC•OF SAID:CURVE. CONCAVE SOU"I HEASTERLY_ 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".EAS1",
. . • ..151•:07 FEET; THENCE SOUTH 89°4506" WEST, 240:02 FEET; TO' 'THE POINT OF,
• . : BEGINNING. : .
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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
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
riN C017/ 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 ill■ Gravity Sewer Features
J� �t 7/28/2025,1:11:21 PM - Forced Sewer Features
Conservation.Commitment.Community
�TYAUTNu 1 inch = 100 feet - Reclaimed Features