2010-64La Cascada
P t nmunirnil i i tii
� cty °f ee� n - –'r, GFM 2010117343
685W.46,11weeSt Bk 03972 F'9s 2453 - 24617 f9ags)
1 eleanont, se34711 DATE: 11/18/2010 11:21 :41, AM
WATER & WASTEWATER SERVICE AGREEMENT KELLY, CLERK OF COURT
LANE COUNTY
RECORDING FEES 78.00
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and F & J Developers, LLC, Franco Scala
(registered agent), and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a mixed use Planned Unit Development with single
family residential, multi - family residential and commercial which is located on real property (the
"Property ") described on Exhibit 'A', attached hereto and by this reference made a part hereof;
and
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER
is requesting water and sewer service from the CITY; and
Whereas, as a condition of CITY providing said water and sewer service to the Property,
OWNER is to extend water and sewer lines to serve the Property and lines and appurtenances
must be sized and constructed in accordance with the minimum requirements of CITY Land
Development Regulations and to meet the flow demands for the subdivision; and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water
and /or sewer lines and appurtenances in order to provide additional capacity to other
properties; and
Whereas, as a condition of the provision of water and sewer service to the Property by the
CITY, OWNER agrees that this Agreement shall constitute an unconditional application to
annex the Property into the City of Clermont, if CITY chooses to do so; and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water and sewer service shall be extended and sized.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows:
Section 1. OFF -SITE WATER/SEWER — Each and all of the foregoing premises are
incorporated into and constitute a part of this Agreement
1.1 CITY shall provide water and sewer service for the Property
1 2 OWNER shall connect to the existing City system at connection point or points approved
by CITY. The connection point or points will be those closest to the Property.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development and provide such documentation necessary for the CITY to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
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provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1.6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No building permits shall be issued until water and
sewer are provided to the site or until a bond or letter of credit, acceptable to CITY, is in
place to guarantee completion of off -site improvements. No Certificate of Occupancy
shall be issued until water and sewer extensions have been completed and accepted by
the CITY.
1.7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property. However, the CITY shall be responsible for the difference in cost of materials
to oversize the line if the CITY chooses to oversize based on plans and cost estimates
provided by OWNER to CITY, and approved in advance by the CITY.
1.8 The OWNER shall coordinate any turn lanes for the project with Lake County, and if
necessary, complete any road widening.
1.9 The existing utilities along State Road 50 must stay in service throughout construction.
If in order for the existing utilities to remain in service the construction requires that the
utilities be relocated or altered, the OWNER shall prepare plans, permit the project and
construct the modifications at the OWNER's expense.
1.10 The OWNER shall provide to the CITY a cost estimate for materials for the minimum
size lines and appurtenances and a cost estimate for materials for the approved
oversize. Cost estimate shall be contractors bid as certified by OWNER'S project
engineer. The CITY shall review and either approve or reject the costs.
1.11 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
1.12 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the water and sewer lines and appurtenances, both on site and off
site, required to serve the Property, with reimbursement for the difference in costs as
determined in Section 1.7, 1.11 and 1.2 from the CITY in the form of Impact Fee
Credits.
1.13 The Impact Fee Credits shall be established subject to Sections 1.7, 1.11 and 1.12 and
at the time of issuance of each building permit by applying the then current impact fee,
which shall be deducted from the Impact Fee Credit balance until credit is used.
1.14 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
'A' but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1.15 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.16 The water and sewer system serving the property, on and off site, shall conform to the
City's most current Utilities Master Plan and shall address the Fire Department's
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requirements for service.
1.17 Any fencing within public view, (including retention ponds), must be omamental metal
with complementing structural columns. No chain link shall be used in public view
areas.
1.18 The OWNER must coordinate with Lake County and the Metropolitan Planning
Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Concurrency Management System (TCMS).
Section 2. DEVELOPMENT STANDARDS
2.1 The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005 -64). Items not addressed in the JPA Land
Development Regulations must be developed to City standards unless otherwise
stipulated in this Agreement or subsequent amendments to this Agreement.
2.2 The property shall be developed in substantial accordance with the Preliminary Site
Geometry Plan dated 8/23/10 as prepared by Florida Engineering Group, unless
otherwise approved by the City of Clermont, and in substantial compliance with the
City's Land Development Code.
Section 3. ANNEXATION
3.1 OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in
its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a
Notice of Encumbrance To Annex Property in a form substantially in compliance with the form
set forth in Exhibit "B ", attached hereto and incorporated herein. The CITY shall record this
Notice in the public records of Lake County whereupon it is agreed it shall serve as an
enforceable encumbrance on the real property described in Exhibit "A ". The Notice of
Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and
shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter
acceptable to CITY and issued by a licensed title company or attorney identifying all owners in
interest of the real property. All land transfers by OWNER shall contain a deed restriction or
covenant noting the existence of this encumbrance to annex, such restriction to be recorded as
a covenant to run with the land.
Section 4. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Page 3
Section 5. NOTICES
All notices, demands, or other writings required to be given or made or sent in this Agreement,
or which may be given or made or sent, by either party to the other, shall be deemed to have
been fully given or made or sent when in writing and addressed as follows:
CITY OWNERS
City of Clermont F & J Developers, LLC
City Manager Franco Scala, Registered Agent
P.O. Box 120219 124 Terra Mango Loop, Suite A
Clermont, FL. 34712 -0219 Orlando, FL 32835
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the agreement required
hereunder.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below. CITY through its City Mana er, authorized to execute same by City Council
action, and OWNER through F aac.o Sc
DATED this 12 day of October, 2010.
CITY OF CLERMONT
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Harold S. Turville Jr., Mayo Tracy Ackr• d, City Clerk ,
Page 4
•
OWNER: F & J Developers, LLC, Franco Scala
Title: /
S" a ure
,y11,0 &Ls—
Print Name
STATE OF '0Yl d L.'
COUNTY OF OV 2,e,
I HEREBY CERTIFY that on this day, before me, an offs duly a�ori;Qd pdm
toinister
oaths and take acknowledgments, personal appeared
as of Fs'T ���F�qS (,LC. , who provided identification
in the form of or who is person known to be the person described in
and who executed the foregoing, and that he acknowledged before me that he executed the
same.
Witness my hand and official seal this _ day of D USA , 2010.
v Cv
Notary Public
k..: Pia Uo LUANNE BARBER
�° .
* MY COMMISSION ODD 968375
nr." EXPIRES: April 3, 2014
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Budget Notary Sykes
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Page 5
•
EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
F & J Developers, LLC, Franco Scala
Lake County Alternate Key Numbers:
1037344
Descriptions:
S 3/4 OF SW 1/4 OF SE 1/4 LYING N'LY OF ACL RR R/W- -LESS OLD HWY 50 &
LESS FROM SW COR OF SE 1/4 RUN N 0 -45 -51 E 136.05 FT TO S'LY R/W LINE OF
OLD HWY 50, E'LY ALONG SAID S'LY R/W LINE S 85 -47 -27 E 27.01 FT, S 84 -24 -23
E 3.73 FT FOR POB, CONT S 84 -24 -23 E ALONG SAID S'LY R/W LINE 164.88 FT TO
A CURVE CONCAVE TO THE N, THENCE RUN E'LY ALONG SAID CURVE HAVING
A CENTRAL ANGLE OF 06 -15 -10 A RADIUS OF 1432.39 FT, AN ARC LENGTH OF
156.24 FT, A CHORD BEARING OF S 87 -31 -58 E & A CHORD DIST OF 156.24 FT
TO THE N'LY R/W LINE OF ABANDONED ACL RR R/W, THENCE RUN S 78 -45 -50
W ALONG SAID N'LY R/W LINE 49.93 FT TO A CURVE CONCAVE TO THE N,
THENCE RUN W'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 04 -18-
10, A RADIUS OF 1442.39 FT, AN ARC LENGTH OF 108.32 FT, A CHORD BEARING
OF N 86 -33 -28 W & A CHORD DIST OF 108.30 FT, THENCE RUN N 84 -24 -23 W
164.80 FT, N 05 -08 -04 E 10 FT TO POB FOR RD R/W - -W 436 FT OF SE 1/4 OF SE
1/4 LYING BETWEEN T & G RR R/W & OLD HWY 50 ORB 2980 PG 2400
Total: Containing 28.762 +/-
Page 6
EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 12th day of October, 2010, between F & J Developers,
LLC, Franco Scala, property owners in the County of Lake, State of Florida Grantor *, and the
CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee *:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00 /100 ($1.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described
real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon
request of Grantee, annexed into the city limits of the City of Clermont at such time that
the annexation of said real property is in accordance with applicable law,
GRANTOR, further agrees, on his /hers /theirs /its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and / or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
of the petition of which notice is given above, then this instrument shall be considered
such request and /or renewal. The subject property is described as:
Exhibit "A"
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
Page 7
PROPERTY OWNER: WITNESSES (Two required):
F & J Developers, LLC, Franco Scala
B. 1.
cgnature Szgnature
fanl,D J cd J,ajnf bir
Type or print name Type or print name
2.
Sign e
1))Gta AS 'P « I000
/ Type or print name
STATE OF P014# --
COUNTY OF Oclify,
The foregoing instrument was acknowledged before me on this on day of Q/
2010, by S'& , who i sersonally kno • 4 to me
or who has produced as iden • . • . • who did
not take an oath.
SEAL:
Notary Public b2the,t0/ LUANNE BARBER
MY COMMISSION B DD 968375
Q' n Q EXPIRES. April 3, 2014
Type /print name G�,/i �� � 1 yr4„'oF , Bonded Pau Budget Notary SeMces
Pursuant to Section 695 29(3Xf) this instrument exempt from Chapter 695, F S „ Prepared by a Public Officer, City Attorney, City of
Clermont, Honda 34712
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F & J Developers, LLC, Franco Scala
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