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HomeMy WebLinkAbout06.e.01 DA CU25.26-5 - Sizzling Nails LLC C Return to: U25/26-5 Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 CLAY TOWN CENTER 1690 JEREMIAH STREET, SUITE 109 SETTLEMENT AGREEMENT#2 FOR SIZZLING NAILS LLC Parcel Number: 32-04-25-008102-013-04 (Clay Utility System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT("Agreement"),made and entered into this sfH day of Dece►n kv' ,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. CU23/24-7,recorded in Official Records Book 4793, pages 642-659, of the Public Records of Clay County, Florida, in order to assess the additional connection charges for Sizzling Nails LLC,now occupying suite 109 of 1690 Jeremiah Street,which exceeds the number of ERCs previously paid for in previous Developer Agreements. 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: ($476.93 x 1.206962 ERCs) $ 575.64 * Alternative Water Supply Surcharge: ($411.64 x 1.206962 ERCs) $ 496.83 * SJRWMD Black Creek Water Resource Charge: ($102.40 x 1.206962 ERCs) $ 123.59 * Wastewater Capacity Charge: ($4,345.34 x 1.206962 ERCs) $ 5,244.66 * Reclaimed Water Capacity Charge: ($317.95 x 0.0 ERCs) $ N/A (b) Debt Service Charge: ($246.79 x 1.206962 ERCs) $ 297.87 * (c) Meter Installation Charge $ N/A ** (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording Fee $ 58.45 / (g) Administrative Service Charge $ 100.00 if Total 6 974 f r u it 1'i TN-) DEC (1 4: 025 -2- * - ERC charges are calculated at 1.773000 based on a salon with 9 pedicure chairs seats, in accordance with the Utility's Rate Resolution. Suite 109 has established ERC credits of 0.566038 for water and wastewater,which were paid for under previous agreements.After application of these credits, the net water and wastewater ERCs due at this time are 1.206962. ** - The Developer will utilize a 3/4-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 3/4-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 salon, Sizzling Nails LLC, having 9 pedicure chairs which will occupy suite 109, 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. -3- 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. 8. Except as expressly modified and amended herein by this Modification Agreement,all of the conditions of the original Developer Agreement CU23/24-7,dated January 17,2024, recorded in Official Records Book 4793,pages 642-659,of the Public Records of Clay County,Florida,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, 2026, 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, 2026. 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: CLAY TOWN CENTER VILLA E LLC, a D ware limited 'ability pany Witness: ,AAAAC By: Seal Print Name: i"'14,111 .5& 1.4 tra Gt- David Kight, er Witness: Print Name:(,0 i f e n -i r---Q—q STATE OF pi VV1 d A-- COUNTY OF "01A vcu The foregoin,g instrument was acknowledged before me by means of❑x physical presence or 0 online notarization this 3 day of Nu Ow , 2025, by DAVID KIGHT, as MANAGER of CLAY TOWN CENTER VILLAGE LLC, Dc�l•aware,limited liability company,who is personally known to me or has produced ? - OV1 Vf1V (A U.VLSI. , as identification. Isigtovy Print Name: I GLS-c?L1 (L-+�l'i. Notary Public State of Florida at Large ��.�� My Commission Expires JO N I/L&V I Z f �PyKPue'% =may;.• ..yam:. KASEY KING r m _n ;m :� MYCOMP�ISSION#HN352750= y` ; o P EXPIRES:January 23,2027 r- -a -4- WITNESSES: UTILITY: CLAY COUNTY U • , THORITY Witness: .41'7')/ By: .1 Print Name: Andrew Mitchell e D. :'' stop, '.E.,M.B.A. -,utive iirector Witness (Corporate Seal) Print Name: on STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization,this 94 day of tbaco.9 , 2025, by JEREMY D. JOHNSTON, as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY,who is personally known to me. Print Name: Andrew H Mitchel] Notary PubliTI Notary Public in and for the l Andrew noMy Commi County and State Aforesaid Expires My Commission Expires: 10,, s 9 CLAY TOWN CENTER 1690 JEREMIAH STREET, SUITE 109 SETTLEMENT AGREEMENT#2 FOR SIZZLING NAILS LLC Parcel ID# 32-04-25-008102-013-04 Clay County EXHIBIT "A" PAGE 1 OF 2 Parcel A PORTION OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 25 EAST, CLAY COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID SECTION 32;THENCE SOUTH 00°21'12' EAST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 385.91 FEET; THENCE NORTH 89°38'48' EAST, '79.95 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF BRANAN FIELD ROAD(A VAFJAB E WIDTH RIGHT OP WAY,AS NOW ESTABLISHED);THENCE SOUTHERLY AND WESTERLY, ALONG SAID EASTERLY RIGHT OF WAY LINE, RUN THE FOLLOWING FIVE(5) COURSES AND DISTANCES: COURSE NO. I: SOUTH 00'40'10" WEST, 21,64 FEET; COURSE NO.2:SOUTH 00°20''48"EAST,42,91 Fri;COURSE NO.3:SOUTH89'38'48" WEST, 39.96 FEET; COURSE NO. 4: SOUTH 00°21'12" EAST, 335.73 FEET, TO THE POINT OF B INN; COURSE NO. 5:CONTINUE SOUTH 00°21'12" EAST, 199,96 MET; THENCE NORTH 89'39'43" EAST, 231.50 FEET; THENCE NORTH 00°2I'12" WEST, 199.97 FEET;THENCE SOUTH 89°39'39" WEST,231.50 FEET, TO THE POINT OF BEGINNING. Parcel 8 A PORTION OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 2.5 EAST, CLAY COUNTY,FLORIDA,BEING MORE PAR,TICUL ARLY.DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID SECTION 32;THENCE SOUTH 00'21112'p EAST, ALONG THE WESTERLY LIE OF SAID SECTION 32, A DISTANCE OF 385.91 FEET;THENCE NORTH 89'38'48" EAST, 79.95 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF BRANAN FIELD ROAD(A VARIABLE WIDTH RIGHT OF WAY,AS NOW ESTABLISHED);THENCE SOUTHERLY AND WESTERLY, ALONG SAID EAS 1 tRLY RIGHT OF WAY LINE, RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES: COURSE NO. 1: SOUTH 00°40'10" WEST, 21.64 FEET; COURSE NO.2:SOUTH 00°20'48"EAST,42,91 FEET;COURSE NO.3:SOUTH S9°38'48" WEST, 39.96 FEET; COURSE NO. 4: SOUTH 00°21'I2" EAST, 135.81 FEET, TO THE RUM G; COURSE NO. 5:CONTINUE SOUTH 00°2I'12" EAST, 199692 FEET; THENCE NORTH 89°39'39' EAST, 231.50 FEET; THENCE NORTH 00°2I'12" WEST, 199.55 i L I;THENCE SOUTH 89°45'06" WEST, 231.50 FEET, TO THE POINT OF BEGINNING, EXHIBIT "A" PAGE 2 OF 2 Parcel 9 A PORTION OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 25 EAST, CLAY COUNTY.FLORIDA,BEING MORE PARTICULARLY LY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID SECTION 32;THENCE SOUTH 00°21'12" EAST, ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 385.91 FEET;THENCE NORTH 8918'48"EAST, '79.95 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF REANAN FIELD ROAD(A VARIABLE WIDTH RIGHT OF WAY, AS NOW ESTABLISHED), AND THE POINT OF BEGINNING; THENCE SOUTHERLY AND WES1bRLY,ALONG SAID EASTERLY RIGHT OF WAY LINE,RUN THE FOLLOWING FOUR(4) COURSES AND DISTANCES: COURSE NO. 1:SOUTH 00'40'10"WEST,21.64 FEET;COURSE NO.2:SOUTH 00120'48"EAST,42.91 FEET;COURSE NO.3:SOUTH 89°38'4S1'WEST,39.96 FEET;COURSE NO.4:SOUTH 00°21'I2" EAST, 135.81 FEET; THENCE NORTH 8945'06" EAST, 231.50 FEET; THENCE NORTH 00°21'12" WEST, 5'7.39FEE1, TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHEASTERLY;THENCE NORTHEASTERLY,ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 233.50 FEET, AN ARC DISTANCE OF 153.83 FEET, SAID ARC BEING- SUBTENDED BY A CHORD DEAIUNO AND DISTANCE OF NORTH Ir31'121'EAST, 151.07 FEET; THENCE SOUTH 89°45'06" WEST, 240.02 FEET, TO THE POINT OF BEGINNING. p Ni�� .� � lk:r - W t F, I QU Q M 1 • • Sizzling Nails LLC - Using <• ►• mr,'C� I existing service to 1690 10..1. —� ii .4 Jeremiah Street Suite 109 II Ill _ ... ;.-.4 _ / 1 4 P: CD - • • • I, �, . il C m (L; • W E. n ElII! g D 71 • t• • Lit.4), m II SS V1NCEN1 I �� 6 • •• © Nii:o..., • !� q M ►: r4. l� r cc, 1 �!=. .c Rp ►� o, I 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. r 1 TA 1 CCUA ("RS COV 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 t12/5/2025,12:19:31 PM�� Conservation.Commitment.Commundy. ill■ Forced Sewer Features �TYAUTNu 1 inch = 200 feet m Reclaimed Features