HomeMy WebLinkAbout06.e.09 DA KU25.26-1 - 8 Blanding Blvd Suites 12 & 14B Return to: KU25/26-1
Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
ORANGE PARK PLACE SHOPPING CENTER
8 BLANDING BLVD, SUITES 12 & 14B, FOR
RANDEVOU CARIBBEAN BAR& GRILL II
SETTLEMENT AGREEMENT# 1
Parcel No. 06-04-26-010680-000-00 (Kingsley System)
Clay County Name of Project
DEVELOPER AGREEMENT
THIS DEVELOPER AGREEMENT("Agreement"), made and entered into this 1day of OCiuhrr ,
2025,by and between E HOLDINGS,LTD.,a Florida limited partnership,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,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 (CIAC)" - The sum of money and/or the value of
Property represented 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.
(c) "Equivalent Residential Connection(ERC)"-A factor expressed in gallons per day(GPD)
which is used to convert a given average daily flow(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.
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(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.
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 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 1.59 ERCs) $ 740.54 *
Alternative Water Supply Surcharge:
($399.65 x 1.59 ERCs) $ 635.44 *
SJWMD Black Creek Water Resource Connection Charge
($103.66 x 1.59 ERCs) $ 164.82 *
Wastewater Capacity Charge:
($4,243.50 x 1.59 ERCs) $ 6,747.17 *
Environmental Impact Charge:
($410.00 x 1.59 ERCs) $ 651.90 *
Debt Service Charge:
($196.73 x 1.59 ERCs) $ 312.80 *
(b) Customer Connection Charge(Tap-in)-Water $ N/A
Customer Connection Charge(Tap-in)-Wastewater $ N/A
(c) Meter Installation Charge $ N/A **
(d) Plan Review Charge $ 38.50
(e) Inspection Charge $ 38.50
(f) Recording Fee $ 67.13
(g) Administrative Service Charge $ 100.00
Total $ 9,496.80(
* - Includes 1.59 ERCs for water and wastewater based on the additional 30 bar/outside seating for the
restaurant, which exceeds the (91) seats paid for in previous agreements. All in accordance with
Utility's Rate Resolution.
** - Developer to utilize the existing 5/8 x 3/4-inch meter. Existing Premise(P023031).
Note: Items (d) and(e) are estimates and are subject to adjustment based on actual costs incurred.
5. 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.
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6. 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 (email), and if to Developer, shall be
mailed or delivered to Developer at:
E Holdings LTD.
P.O. Box 56678
Jacksonville, Florida 32241
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.
7. Developer shall continue to maintain the existing reduced pressure backflow prevention device which
is located immediately downstream of Utility's one(1)5/8-inch x 3/4-inch potable water and 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 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 prevention technician,annually or such other period as may be required by Utility. Proof of
the annual testing and recertifications must be submitted to Utility for its records. These installations and annual
recertifications shall be the responsibility of the Developer or its successors and assigns.
8. The Utility shall own and maintain all facilities upstream of the downstream side of the potable water
meter, and all facilities downstream of the downstream side of the potable water meter shall be owned and
maintained by Developer.Utility shall have access to the water meter for meter reading and maintenance purposes.
9. 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.
10. Developer shall continue to maintain the grease/sand interceptor that meets the requirements of the
Clay County Department of Health&Rehabilitative Services and the Florida Building Code, in accordance with
Utility's specifications for same.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.
11. 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.
12. Connection charges for this Agreement is based on the(30)additional seats for Randevou Caribbean
Bar & Grill, II, a restaurant, 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.
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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.
13. Except as expressly modified and amended herein by this Modification Agreement, all of the
conditions of the original Developer Agreement dated June 18, 1982, for the Orange Park Place Shopping Center
shall remain in full force and effect, except as modified herein.
14. 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:
E Holdings D
a Flor. 'ed partnership,
Et
Witness: ! By:
Print Name: il9 r t o% Pejo b(gl.d 21n1an Benjamin S. Hakimian,Its Manager
Witness: C /c / (Corporate Seal)
Print Name: -bA-4) L p
STATE OF
COUNTY OF t-aLA(J a__k_
The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online
notarization this 3444 day of Scpacn.k.c 2025, by BENJAMIN S. HAKIMIAN, as MANAGER of E
HOLDINGS, LTD, a Florida limited partnership, who is Ksonally known to me or has produced
, as identification.
C-94
120--i
Notary Public State of Florida Printed Name: MOO)
Shawn Belle Notary Public, State of Florida at Lar e
t-•• M Cissi Ex ires:[ MYHryomm on p �/`�
Exp.4/18/2026 `
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WITNESSES: UTILITY:
CLAY COUNTY UTILITY AUTHORITY,
an Independent Special D..--*.t of the State of Florida
Witness: .d.,� J`l By: >� _
Print Name: Andrew H Mitchell tre
~_. stop,P.E., M.B.A.
- ecu W e
\• (Corporate Seal)
Witne. J •• ,ate, .1► �'.
Print ��-
STATE OF FLORIDA
COUNTY OF CLAY
•
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online
notarization this 2,4 day of OG er- , 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
4 Notary Public State of Florida I Notary Public
4 A Andrew H Mitchell
,y,, 14k' My Commission ' State of Florida at Large
pQ HH 190802
Exp.1012512025 > My Commission Expires: ` ,
XAScr.ice Availcbility0c.'dope Agreement Master FiIAR.x1oKr Agrtement...Ming BndevdaG0.8 Mending ding Blvd.Suite 10.0 SEfTLEMENTAGREEMENTP.d¢
ORANGE PARK PLACE SHOPPING CENTER
8 BLANDING BLVD, SUITES 12 & 14B FOR
RANDEVOU CARIBBEAN BAR& GRILL II
SETTLEMENT AGREEMENT# 1
Parcel Id No: 06-04-26-010680-000-00
Clay County
EXHIBIT "A"
1 of
A portion of Section 6, Township 4 South, Range 26 East, Clay
County, Florida, being more particularly described as follows:
For point of reference; commence at the intersection of the North
line of said Section 6 with the centerline of Blanding Boulevard,
as previously established for a width of 100 feet; run thence
South 00°02' 42" East along said previous centerline of &landing
Boulevard (also known as State .Road No. 21) , a distance of 269 .77
feet to an angle point in said centerline; run thence South
O1°23'36" West, along said previous centerline, a distance of
58.95 feet; run thence South 89°44 ' 16" West, a distance of 157.0
feet to a point in the Westerly Right of Way line of said
Blanding Boulevard (State Road No. 211 , as now established, said
point being the point of beginnina for this description.
From the point of beginning thus described, run thence South
01°23' 36" West, along said Westerly Right of Way line, a distance
of 215.0 feet; departing from said Westerly Right of Way line,
run thence North 88'36'24" West, a distance of 596.99 feet; run
thence North 01°09' 39" West, a distance of 356.10 feet; run
thence North 12°58'26" East, a distance of 20.04 feet to a point,
the same being the Southwest corner of the lands described in
that certain instrument recorded in Official Records Volume 435 ,
at page 40 , of_the public records of Clay County, Florida: run
thence North 89"44'16" East along the southerly 'boundaiy'of said
lands described in that certain instrument' recordee3 Ln' Official :
Records Volumm 435, at page 40, of the public records ;Of clay. ; '
County, Florida, a distance of 605.99 feet to the:-�aforementioned;
Westerly Right of Way line of Blanding Boulevard;'_the same being
the Southeast corner of said lands; run thence South 00202'42"
East, along said Westerly Right of Way line, a distance of 117.19
feet to an angle point in said Right of Way line; run thence
South 01°23'36" West, along said Westerly Right of Way line, a
distance OF 61.51 feet to the point of beginning.
TOGETHER WITH that certain easement on, over, under, and
across that certain tract or parcel of land located in Clay
county, Florida, more particularly described as follows: •
A portion of Section 6, Township 4 South, Range 26 East, Clay
County, Florida, being more particularly described as follows:
For point of reference, commence at the intersection- of the worth
line of said Section 6, with 'the centerline of Blanding Blvd. . as
• previously established for a width of 100 feet; run thence South
EXHIBIT "A"
2 of 2
00°02' 42" East along said previous centerline of Blanding Blvd. ,
also known as State Road No_ 21, a distance of 269 .77 feet to an
angle point in said centerline; thence run South 01°Z3 '36" west
along said previous centerline, a distance of 58.95 feet; run
South 89°44 ` 16" West, a distance of 157.0 feet to a point in the
Westerly right-of-way line of Blanding Blvd. , State Road No, 21,
as now established; run thence South 01"23136" West, along -said
'Westerly right-of-way line a distance of 222.09 feet; thence run
South 05°O2'07" East along the Westerly line of said State Road
No. 21 as established by disclaimer in deed recorded in Official
Records Volume 538 at page 503-505 of the current public records
of Clay County, Florida, a distance of 357.25 feet; thence
continuing along said new right-of-way line run South 23°33' 52"
West 31.20 feet to the North line of Wells Road; thence run the
following courses along said North line of Wells Road; North
88'36'24" West, 266 . 72 feet; South 46°24'00" West, 14 .14 feet;
and North 88"36' 24" West, 11.99 feet to the place and point of
beginning of a 30 foot easement lying 15 feet left and right of
the following described centerline: from the point of beginning
thus described, thence run North 01°23'36" East, 235.99 feet;
thence run North 88°36' 24" west, 46.0 feet; thence North
O1'23'36" East, 165.0 feet more or less to a point on the
Southerly boundary of that certain parcel of land described in
Exhibit A to that certain Special Warranty Deed dated September
20, 1979 , and recorded in Official Records Book 545, at pages 171
through 174 , of the current public records of Clay County,
Florida, said point being the point of termination. the sidelines
of which said 30 foot easement are to be extended or shortened to
meet at angle points, which easement was established and is more
particularly described in that certain Grant of Easement dated
December 23, 1961, by General Mills Restaurant Group, Inc. , to
Orange Park Place, said easement being filed for record on
December 30, 1981, under Clerk's Number 81-15392, by the Clerk of
the Circuit Court, in and for Clay County, Florida.
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dditional Water and Wastewater Capacity
for 8 Blanding Blvd Suites 12 & 14B.
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1 Disclaimer:The information displayed on this drawing or sheet is fora 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: i I CCUA
(1S---CO(/NT Title:
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__ Clay County Utility Authority CCUA Web Map
3176 Old Jennings Road
i Info:
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�� Middleburg, Florida 32068-3907prepared by CCUAGIS Portalwater Features
'a Phone 904 272 5999ill■ Gravity Sewer Features
t10/2/2025,8:40:07 AM
�� Conservation.Commitment.Community Forced Sewer Features
/TYAUT 1 inch = 200 feet - Reclaimed Features