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HomeMy WebLinkAbout07.e.05 DA RU26.27-1 - 2640 Blanding Blvd #203 & 204 RU26/27-1 Return to: Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 MIDDLEBURG CROSSINGS SHOPPING CENTER 2640 BLANDING BOULEVARD SETTLEMENT AGREEMENT#4 FOR YUME FUSION Parcel Number: 14-05-24-006359-003-00 (Ravines System) Clay County Name of Project MODIFICATION TO DEVELOPER AGREEMENT THIS MODIFICATION TO DEVELOPER AGREEMENT ("Agreement"), made and entered into this lye" day of Octo r- ,2026,by and between REAL SUB,LLC,a Florida 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 that original Developer Agreement for the project between Middleburg Crossings Associates, Ltd., and Clay County Utility Authority, dated May 27, 1999, Agreement No. RU98/99-2, as amended by Modification to Developer Agreement between Inland American Middleburg Crossings,LLC,and Clay County Utility Authority,dated October 22,2013,and recorded in Official Records Book 3597,pages 294-315,and as amended by Modification to Developer Agreement between Real Sub, LLC,and Clay County Utility Authority, recorded in Official Records Book 3730,pages 2036-2059, of the Public Records of Clay County, Florida, (collectively, the "Developer Agreement"), in order to assess the additional connection charges for the expansion of Yume Fusion, now occupying suites 203 & 204 of 2640 Blanding Boulevard, which exceeds the number of ERCs paid for under previous 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 ofthis Agreement in order to reserve capacity in the System: (a) Water Capacity Charge: ($476.93 x 2.918333 ERCs) $ 1,391.84 * Alternative Water Supply Surcharge: ($411.64 x 2.918333 ERCs) $ 1,201.30 * SJRWMD Black Creek Water Resource Charge: ($102.40 x 2.918333 ERCs) $ 298.84 * Wastewater Capacity Charge: ($4,345.34 x 2.927765 ERCs) $ 12,722.13 * Environmental Impact Charge: ($410.00 x 2.927765 ERCs) $ 1,200.38 * (b) Debt Service Charge: ($246.79 x 2.918333 ERCs) $ 720.22 * (c) Meter Installation Charge $ N/A ** (d) Plan Review Fee $ 38.50 (e) Inspection Fee $ 38.50 (f) Recording Fee $ 67.13 (g) Administrative Service Charge $ 100.00 Total $ 17,778.84 -2- * - ERC charges are calculated at 7.140000 based on a restaurant with 68 seats, in accordance with the Utility's Rate Resolution. Suites 203 & 204 have established ERC credits of 4.221667 for water and 4.212235 for wastewater, which were paid for under previous agreements. After application of these credits, the net ERCs due at this time are 2.918333 for water and 2.927765 for wastewater. ** - The Developer will utilize the existing 5/8-inch x 3/4-inch meter(Premise P043209). 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 of Developer's rights under the Development Agreement(as modified hereby) 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.For the avoidance of doubt, Developer and Utility hereby agree that notwithstanding anything to the contrary contained in the Developer Agreement(including any further amendments or modifications to the Developer Agreement in effect as of the date of this Agreement),Developer shall be permitted to sell,convey,or transfer the Property in Developer's sole discretion and any such sale or conveyance shall not be subject to approval by Utility. 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: Real Sub LLC c/o Publix Super Markets, Inc Attn: William W. Rayburn, IV P.O. Box 407 Lakeland, Florida 33802 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 existing 5/8-inch x 3/4-inch potable water meter. The device shall be in compliance with the requirements of the Florida Department of Health and Rehabilitative Services and Utility. 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 shallcontinue 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, Yume Fusion, having 68 seats which will occupy suites 203 & 204, 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. 8. Except as expressly modified and amended herein by this Modification Agreement, all of the conditions of the original Developer Agreement RU98/99-2,dated May 27, 1999, 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 1,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: REAL SUB LLC, a Florida limited liability company Witness: 4- 1 B W1.1 G, ( V (Seal) Print Name: William W. Rayburn, IV Vice President of Real Estate Assets Witness: v Print Name: ✓4/ J-,'e G'Aiva STATE OF OY& COUNTY OF it The foregoin t ment was icnowled eottisfore me by means of El physical presence or ❑ online notarization this day of R , ,2026,by William W.Rayburn,IV,as Vice President of Real Estate Assets of REAL S B,LLC, a Flori irrt d flatiili ompany, who is ❑x personally known to me or ❑ has produced , as identification. /1140,IX o.�+;Poet mt ame: PArRicIAmazy Notary Public * ` State of Florida at Large o,� Commission�NH 797563 'kOpp.d� Expires August 20,2030 My Commission Expires: [Signatures Continue Next Page] -4- WITNESSES: UTILITY: CLAY COUNTY U ILITY AUTHORITY Witness: By: _ . i•.. `�•_ Print Name: Andrew H Mitchell J: e r y D.j has•on, P.E., M.B.A. E (-co • = rec •r Witness (Corporate Seal) Print Name: .ra STATE OF FLORIDA COUNTY OF CLAY The foregoing instrument was acknowledged before me by means of❑x physical presence or ❑ online notarization, this 13 4`' day of oG ,2026,by JEREMY D.JOHNSTON,as EXECUTIVE DIRECTOR of CLAY COUNTY UTILITY AUTHORITY, who is personally known to me. Print Name: Andrew H Mitchell Notary Public State of Florida Notary Public in and for the Andrew H Mitchell County and State Aforesaid , ,;m My Commission'NH 730417 My Commission Expires: 0fas/ Expires 10/25/2029 q MIDDLEBURG CROSSINGS SHOPPING CENTER 2640 BLANDING BOULEVARD SETTLEMENT AGREEMENT #4 FOR YUME FUSION Parcel ID# 14-05-24-006359-003-00 Clay County EXHIBIT "A" 1 OF 3 'ETIENCE SOUTH(89c23.44" WEST 994.00 FEET;THENCE SOUTH OGDI)218" WEST 659.91 PEET 'TO THE POINT OF BEGINNING THENCE CONTINUE SOUTH 00D02138° WEST 233.24 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 21, AS Now F:STABLIsHED; THENCE NORTH 6512'00" EAST 110.21) FEET TO AN IRON; THENCE NORTH 0,IPO238' EAST 186.93 FEET TO AN IRON;THENCE NORTH 89'5722" WEST, 1011.00 FEET TO 1HE POINT OF BEGINNING PA R CEL 3(Pi 01.1APS): A PARCEL OF LAND CONSISTING OP A PORTION OF GOVERNMENT LOTS 6 AND 7, SF.CTION 14, TOWNSHIP 5 SOUTH, RANGE 24 EAST, CLAY COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7; THENCE ON TICE NORTH LINE THEREOF NORTH 89D23'44 EAST, 339.54 FEET TO 1HE NORTHWEST CORNER OP THOSE LAND DESCRIBED IN,OFFICIAL RECORDS BOOK 1407, PAGE 2118, OF 'DIE PUBLIC RECORDS OF SAID COUN`11%TTIENCE ON THE WEST LINE THEREOF, SOUTH 0C102-387 VerES-F, 893.14 FEET TO THE NOWITIWESTERLY RIGH1'-0E-WAY LINE OF STATE ROAD NO, 21 (BLANDING BOULEVARD); THENCE ON LAST SAID LINE RUN THE FOLLOWING 5 COURSE'S; (1) SOUTH 65" 1290" WEST, 49-73 FEET; (2) ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING' A RADIUS OF 5786.58 FEET, RUN AN ARC DISTANCE OF 328.42 Fon; SAID ARC I3E1NG SU13TENDED BY A CHORD BEARING AND DISTANCE OF SOUTH(i3°34,,r WEST, 328.38 FEET;(3)SOUTH 660 4020" WEST,217.84 FEET; (4) ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY AND HAV ING A RADIUS OF 5808.58 FEET, RUN AN ARC DISTANCE OF 40.64 FEET, SAID A RC 13EINC3 SUBTENDED I3Y A CHORD BEARING AND DISTANCE OF SOUTH 59u 36'213' \VEST, 40,6,4 FEET; (5) ON TI-IE ARC OF A CURVE CONCAVE' SOUTHEASTERLY AND HAVING A RADIUS OF 7694.94 FEET, RUN AN ARC DISTANCE,OF 114.89 FEET'TO THE EAST LINE OF THE: WEST I/2 OF THE SOUTHEAST 1,4 OF SAID GOVERNMENT LOT 6, SAID ARC BEINCr SUBTENDED BY A•CHORD BEARING AND DISTANCE OF SOUTH 5V 58'39" WEST, I 14,89 FEET; THENCE ON SAID EAST LINE NORTH OCPC11'13" EAST, 551,79 FEET To THE SOUTH JUNE OF THOSE LANDS DESCRIBED 114 OFFICIAL RECORDS BOOK 205, PAGE 505 OF SAID PIMLIC RECORDS;THENCE ON SAM'SOUTH LINE NORTH 8ItD 4447" EAST, 65.65 FEET TO THE EAST LINE OF' LAST SAID LANDS; THE'.,;NCE ON SAID EAST LINE NORTH 0 01'13- EAST, 666-33 FEET 10 TI1E NORTH LINE OF SAID GOVERNMENT LOT 6;THENCE ON SAID NORTH LINE 89'20`.58'EAST,267,87 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT A PART OF GOVERNMENT LOT 6, SECTION 14, TOWNSHIP 5 SOUTH, RANGE 24 EAST, CLAY COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE EAST LINE OF THE WEST 10,OF THE SOUTHEAST Ell OF SAID GOvERNMENT LOT (5, V'.ITH THE SOUTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 205, PAGE 505, OF THE PUBLIC RECORDS OF SAID COEJNTY; THENCE ON LAST SAID LINE, NORTH 88" 44'47" EAST, 65,65 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE SOUTH 5.6D 591/6" WEST, 31.37 FEET; THENCE SOUTH EXHIBIT "A" 2 OF 3 THE LAND REFERRED TO Ill BELOW Is SrWATED IN THE COUNTY OF CLAY,STATE OF FLORIDA,, Ni)IS !DESCRIBED AS FOLLOWS: PARCEL (CARTER); A PORTION OF THE.WEST 1/2 of?THE SOUTHEAST 1/4 OF GOVERNMENT LOT 6,SECTION 14, TOWNSHIP 5 SOUTH, RANGE :24 FAST, CLAY COUNTY, FLORIDA, BEING MORE 'PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTH. LINE OF couNTY ROAD 218. wail THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE ON LAST SAID LINE, NORTH 000012"WEST,331.48 FEET;THENCE SOUTH 81°4019°.EAS1,96,813 FEET; THENCE SO urn 81°08'32" EAST, 7.46 FEET; THENCE ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 185.00 FEET, A6%! ARC DISTANCE.OF 55.96 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 35°29'47" EAST 55.75 FEET;THENCE NORTH 26°4948' EAST, 52.65 PEET; THENCE.ON THE ARC or A CURVE SOUTHEASTERLY AND HAVING A RADIUS OF 215.00 FEET, AN ARC DISTANCE OF I 15.85 FEET. SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISPANCE. OF NORTH 42°16'02" EAST, 114.46 FEET; THENCE ON 'THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OP 485.00 FEET, AN ARC DISTANCE:. OF 101.03 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 5104413" EAST, 100.84 FEET;THENCE NORTH 45°46' 0" EAST, 24.96 FEET TO JUL' EAST LINE OF AFORESAID WEST I/2 OF THE SOUTHEAST 114; THENCE ON LAST RAID UNE,SOUTH 0V01113."WEST,88.55 FEET;THENCE SOUTH 43°2926''V. 7_87 FEET; THENCE SOUTH 72°451r WEST,44.72 FEET;THENCE SOUTH 37")34.00 WEST.28.09 FEET;THENCE SOUTH 70°30.4r NiVE:ST,32,51,7 FEET;THENCE SOUTH 46°51'00°WEST,36.39 FEET;TI1ENCE SOUTH 47°44'34" WEST, 30_71 FEET; THENCE SOUTH 30° 32'11" WEST,38,62 FE.ET;TIIENCE SOUTH 31°2897' WEST, 41_61 P EEi; THENCE SOUTH 44°05'21" WEST,31-13 FEET; THENCE ON THE ARC OP'A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS 01' 215.00 FEET, AN ARC DISTANCE OF 27_42 FE.ET, SAID ARC BEING SUBTEt4DED WV A CHORD 'BEARING AND DISTANCE OF SOUTH 47"44!34" WEST, 2740 FEE'F; 'THENCE ON Tips ARC OF A CURVE CONCAVE.SOUTHEASTERLY AND HAVING A RADIUS OF I 85.0(1 FEET, AN ARC DISTANCE OF 165.96 PEET, SAID ARC BEING SUB rENDIED BY A CHORD BEARING AND DISTANCE OF SOU ra 29,41441" WEST, 160.45 FEET1 THENCE SOUTH 00'0012" EAST, 132.34 FEET TO AFORESAID NORTH LINE OF CDUN're ROAD 218.; THENCE ON LAST LINE, SOUTH 89°3422" WEST, 35,00 FEET To POINT OF BEGTNNING. PARCEL 2(RLIMPI-I : A PORTION OF GOVERNMENT LOT?, SECTION 14, TOWNSHIP 5 SOUTH,RANGE 24 EAST, CLAY COUNTY,FLORIDA,AS IS MORE PARTICULARLY:DESCRIBED AS FOLLOWS; THE POINT OF COMMENCEMENT IS THE NORTHEAST CORNER OF GOVERNMENT LOT ?; EXHIBIT "A" 3 OF 3 44 31'05" WEST,56.]2 FEET TO SAID EAST utc OF THE WEST 1/2 OF THE SOUTHEAST I/4 OF GOVERNMENT LOT 6; THENCE ON LAST SAD LINE, NORTH 00" 0113" EAST, 55,67 FEET TO THE.POINT OF BEGINNING, LESS AND EXCEPT: A PORTION OF GOVERNMENT LOT 7,SECTION 14,TOWNSHIP 5 SOUTH,RANGE 24 EAST, CLAY COUNTY, FLORIDA,AS IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER.OF SAID GOVERNMENT Loll; THENCE ON .11-18 NORTH LINE THEREOF, NORTH 894' 2344" EAST, 339.54 FEET; THENCE SOUTH 00' 02-38" V. 707-21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 194' 5922" WEST, 44.74 FEET; THENCE SOUTH 0tJ 02'22" WEST, 188.85 FEET; THENCE SOUTHEASTERLY ALONG .[HE ARC OF A CURVE CONCAVE NORTHEASTEF,RLY AND HAVING A RADIUS OF 44.63 PEET, AN ARC DISTANCE OF 31.62 FEET TO THE NORTHWESTERLY LINE OF STATE ROAD NO. 21 (BLANDING BOULEVARD), SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 73' 0925" EAsr, 30.96 FEET; THENCE ON SAID NORTHWESTERLY LINE NORTH 65' 12'00" EAST 126.54 FEET; 1TIENCE NORTH (MY ozas" EAST, 144,63 FEET; THLN: CE NORTH 89' 57'22" WEST, 100.00 vim-r To THE POINT OF BEGINNING. PARCEL 4 (EASEM FWD: NON-EXCLUSIVE, PERPETUAL EASEMENT RIGHTS AS SET FORTH IN THAT CERTAIN RECIPROCAL EASEMENT AND OPERATION AGREEMENT DATED JULY 14, 1999, AND RECORDED IN OFFICIAL RECORDS BOOK 1807, PAGE 1625,OF THE.PUBLIC RECORDS OF CLAY COUNTY,FLORIDA. PARCEL 5 NON-EXCLUSIVE PERPETUAL-EASEMENTS): NON-EXCLUS/VE PERPETUAL EASEMENT RIGHTS AS SET FORTH IN THAT CERTAIN DECLARMION OP COVENANTS,CONDITIONS AND RESTRICTIONS DATED FEBRUARY 8, 2002 AND RECORDED IN OFFICIAL RECORDS BOOK 2020, PAGE 1388 OF THE PUBLIC RECORDS OF CLAY COUNTY, mmasfill."°. \ _! / N 1 S rj".. T� / • M Additional ERCs for Yume Fusion diddi:ii: at 2640 Blanding Blvd #203 & 204. r , I•' !C:© •, 11�1 • • ` •r 'i�MM r=M IL II ,MM N M �:_ i �i.- . / 114 1 '4110 A• •• M / J'. I is - Nrilkk is. •, o`\G - N . ► • -"- ::1•1 f,r--1 • 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 drawing.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. Val CCUA 1,S COUivi Title: ___ Clay County Utility Authority CCUA Web Map 3176 Old Jennings Road i Info: C � Middleburg, Florida 32068-3907 prepared by CCUA GIS Portal Water Features 'a Phone 904 272 5999 - Gravity Sewer Features t10/1312026,9:06:41 AM�� Conservation.Commitment.Community = Forced Sewer Features ll.)"AUTN( 1 inch = 200 feet - Reclaimed Features