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2012-54 e �a eity.of efemont INSTRUMENT#2012087929 685 2U Afoot/we St OR BK 4203 PG 2418-2428 (11 PGS) @Pexnwat,ii 34711 DATE 8/22/2012 3 50 00 PM UTILITY SERVICE AGREEMENT NEIL KELLY' CLERK OF THE CIRCUIT COURT LAKE COUNTY JQ� FOR WATER &WASTEWATER RECORDING FEES$95 00 Q This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and John's Lake LLC, a Florida limited liability company, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to an assisted living facility on real property (the "Property") described on Exhibit "A" for the amended portion, attached hereto and by this reference made a part hereof; along with the entire single family, multi-family and commercial development governed by the Water and Wastewater Service Agreement as approved by the Clermont City Council on November 28, 2007; 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 the CITY. 1.3 The route of any off site lines shall be according to engineering plans produced by OWNER and approved by the CITY. 1 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater 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 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. 1.8 The OWNER shall dedicate the right-of-way for Hartle Road as associated with the development. 1.9 The OWNER shall construct Hartle Road, including turn lanes into the development, along the western property boundary as associated with the development. 1.10 The OWNER shall be responsible to extend the City's 24-inch force main, 24-inch reclaimed water main, and 24-inch water main along the Hartle Road corridor associated with the development. 1.11 The existing utilities along Highway 50 must stay in service throughout construction. If 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. 1.12 The utilities in the commercial properties shall be privately owned and maintained, but shall be constructed to City standards. 1.13 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. 1.14 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. 1.15 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 2 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater 1.16 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 1.15 from the CITY in the form of water and sewer Impact Fee Credits. 1.17 The water and sewer Impact Fee Credits shall be established subject to Sections 1.15 and 1.16, 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. 1.18 Water and sewer 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. 1.19 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.20 Prior to the annexation as contemplated in Section 3 below and upon issuance of a residential building permit by Lake County, pay to the City ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) per residential permit issued by Lake County. An assisted living facility shall not be deemed a residential building under this Section 1.20 Further, the obligation to pay the funds described above shall remain an obligation of OWNER until such time that the annexation occurs and regardless of whether OWNER transfers, sells or assigns its interest in the subject property or any portion thereof. 1.21 The remaining development (single family, multi-family and commercial portions) and other requirements not covered by this assisted living facility amendment shall be developed in accordance with the Water and Wastewater Service Agreement approved on November 28, 2007. • Section 2. DEVELOPMENT STANDARDS 2.1 The project shall be developed according to the Planned Unit Development (PUD) as approved by Lake County (Ordinance No. 2005-95) on 11/2/05 and effective 11/20/05, and the amended Planned Unit Development (PUD) as approved by Lake County (Ordinance 2012-07) on 1/24/12 and effective 2/2/12 (jointly "PUD"); and to the Preliminary Subdivision Plat as approved by Lake County on 5/3/07 and dated [Last Revised] April 13, 2011 (jointly, "Preliminary Subdivision Plat"). Items not addressed in the PUD or Preliminary Subdivision Plat must be addressed in accordance with the JPA Land Development Regulations. Any other items not addressed must be developed to City standards unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 2.2 Owner will ensure that all water lines and wastewater lines shall be installed in accordance with City standards. 3 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater Section 3. ANNEXATION 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" and depicted in Exhibit "C". The Notice of Encumbrance shall be executed by all owners of the real property describe din 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. 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 OWNER City of Clermont John's Lake, LLC City Manager 7575 Dr.Phillips Blvd., Suite 310 P.O. Box 120219 Orlando, FL 32819 Clermont, Fl 34712-0219 Attn: James H. Fant 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. 4 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through it City Manager, authorized to execute same by City Council action, and OWNER through �,-o(� -b. pi/, /l e 0j-1-k) hiar v t . DATED this day of 3- 01j , 2012. CITY OF CLERMONT t r ATTEST: tril."-,110) ',/ e ' .r % 1=farol. S. i I- Jr., Ma • Tracy Ac 9yd, City Clerk Approved as to form and le ality: Dam"an.: • Cit Attorn- 5 - Johns Lake, LLC Utility Service Agreement for Water&Wastewater OWNER: John's Lake, LLC, a Florida limited liability company By: BDC John's Lake LLC, a Florida limited liability company, its Manager Title: ‘4..\F1+N C�E42 Signatur S \\ . N Print Name STATE OF V OVA COUNTY OF I HEREBY CERTIFY that on this day, before me, an offi r duly authorize to administer oaths and take acknowledgments, personally appeared cj(,ia{S , as AARago/ of Jotws J..41Le,. , who provided identification in the form Of or who is personally known to be the person described in and who executed the foregoing, and that he acknowledged before me that he executed the same. L OIL Witness my hand and official seal this 4- day of 1 , 2012. JESSE ESPOSITO ,� ,1 Notary Public-State of Florida N Itary ublic t i My Comm.Expires Apr 17,2015 \ Commission 41 EE 79392 \\Cityhall\shares\Planning and Zoning\JPA -Utility Agreements & Reviews\Johns Lake Landing-MI homes\Johns Lake Landing- Utility Agreement CC7-24-12.doc 6 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater EXHIBIT "A" PROPERTY DESCRIPTION Owners: John's Lake, LLC Description: Parcel P of the overall site plan for the John's Lake Landing PUD. Further described as being: BENTON HOUSE LOT 1 BOUNDARY That part of Section 26, Township 22 South, Range 26 East, Lake County, Florida, described as follows: Commence at the Northeast corner of the Southwest 1/4 of said Section 26 and run N89°33'31"W along the North line of said Southwest 1/4 a distance of 149.39 feet to the POINT OF BEGINNING; thence continue N89°33'31"W along said North line, 475.42 feet; thence departing said North line run S01°48'40"W, 388.49 feet; thence S43°16'49"E, 35.30 feet; thence S88°22'18"E, 50.42 feet to the point of curvature of a curve concave Northerly having a radius of 4970.00 feet and a chord bearing of S88°57'55"E; thence Easterly along the arc of said curve through a central angle of 01°11'13" for a distance of 102.96 feet to the point of tangency; thence S89°33'31"E, 306.96 feet; thence N00°26'29"E, 416.00 feet to the POINT OF BEGINNING. Containing 4.8 acres, more or less Lake County Alternate Key Numbers: N/A 7 —Johns Lake, LLC Utility Service Agreement for Water&Wastewater 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 24h day of July 2012, between John's Lake, LLC, a Florida limited liability company, property owner 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,assigns,transferees or heirs,further agree to: Prior to the annexation, the GRANTOR shall, upon issuance of a residential building permit by Lake County,pay to the City ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) per residential permit issued by Lake County. Further, the-obligation to pay the funds described above shall remain an obligation of OWNER until such time that the annexation occurs and regardless of whether OWNER transfers,sells or assigns its interest in the subject property or any portion thereof. 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" 8 — Johns Lake, LLC Utility Service Agreement for Water&Wastewater 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. PROPERTY OWNER(S): WITNESSES (Two required): John's Lake, LLC, a Florida limited liability company By: BDC John's Lake LLC, a Florida limited liability company,its Manager Witnesses \. By: ,. 1. AI 21u.. ■ _ -_A4_Aigit ! I na ure ow Signature , aw�{- al ink" onn0L.. • Type or print name Type or print name r ,----2. Signatu i Js St Type or print name STATE OF I 15111/' COUNTY OF I' gAL, • T e foregoing instrument was a knowled ed of e me on this day of ALAL.:V' 2012, by S �r '"" , who is per•g nally known to mg or who has produced as identification and who did not take an oath. 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