2012-76 , ;
UTILITY SERVICE AGREEMENT
For WATER &WASTEWATER
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Jack R & Joan B. Amon, F & J Developers,
LLC, and Eagles Landing at Ocoee, Inc., and any successors or assigns, hereby referred to as
OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a Planned Unit Development with single family
residential 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.
Page 1
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. 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.
Page 2
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
requirements for service and hydrant installation.
1.17 The point of sewer connection shall be coordinated with the existing utilities along State
Road 50. The lift station for the property shall be a regional station, in accordance with
the City's Utility Master Plans.
1.18 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns. No chain link shall be used in public view
areas.
1.19 The OWNER must coordinate with Lake County and the Lake-Sumter Metropolitan
Planning Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Management System (TMS).
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 Overall Plan for
Verde Park dated 9/13/12 as prepared by June Engineering Consultants, Inc. (Exhibit
"C", unless otherwise approved by the City of Clermont, and in substantial compliance
with the City's Land Development Code.
2.3 All Fire Department protection features and hydrant installation must be completed,
tested and in service prior to any home construction. Home permits may be pulled but
no construction materials (combustibles) may be delivered on site until all fire services
are completed and approved by the Fire Department.
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 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 Jack R. &Joan B. Amon
City Manager P.O. Box 187
P.O. Box 120219 Santa Ynez, CA 93460-0187
Clermont, FL. 34712-0219
Eagles Landing at Ocoee, Inc.
P.O. Box 770609
Winter Garden, FL 43777-0609
F&J Developers, LLC
124 Terra Mango Loop, Suite A
Orlando, FL 32835
Section 6. AMENDMENTS/PRIOR AGREEMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties. This agreement replaces in its entirety that certain Utility Service
Agreement approved October 12, 2010 between the City and Jack R. & Joan B. Amon and
Eagles Landing at Ocoee, Inc. and that certain Utility Service Agreement approved October 12,
2010 between the City and F& J Developers, LLC.
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 Manager, authorized to execute same by City Council
action, and OWNER through
DATED this 25`h day of September, 2012.
CITY OF CLERMONT
ATTES :
arol• S. Turville Jr., Mayor Tracy Ackr'yd, City Clef erk
Approv- . as to form and I-•ali :
„ .Dan e ity Attorney orney ...
•+s-a�a�►�
Page 4
OWNERS:
Jack R. & Joan B. Amon, F & J Developers, LLC, and Eagles Landing at Ocoee, Inc.
Jack R. Amo Joan B. Amon
I
By: ` By:
Szgnat ignature
J0.0 � . r�Ma✓� J e lg. AMor
Type or print name Type or print name
STATE OF FLog I DA
COUNTY OF O RANG
The foregoing instrument was ackn wledged before me on this 15 day of Q co beer- ,
2012, by o1/4c K . J oar\ B, A M 0" , who is personally known to
me or who has produced as identification
and who did not take an oath.
Notary Public SEAL: slink, JEFFREY aSED0FF
. d. MY COMMISSION#EE 072600
' EXPIRES
Type/print name BondThrN rwel>cUnd to
Page 5
F&J Develope
By. �-
Signature
Wek(11C6 -. C--71-4/1-
Type or print name
STATE OF 'Floe-4=16k
COUNTY OF C2eaiv V—
The foregoing instrument was ac owled ed before me on this (dam day of (Ucs. ( ki
2012, by FPaev�`Q G` , who is. ersonally known to`'
me or who has produced as identification
and who did not take an oath. /
Notary Public '��► Akk, . SEAL:
Type/print name
_ . _ IA V e �. Notary Pubuc State of Flonda
Judy Schmitt
+t My Commission EE030972
��?i 0„\9r Expires 12/08/2014
Page 6
Eagles Landing at Ocoee, Inc.
By:
Stgna
Roh )o'ytd A , 3vvw
Type or print name
STATE OF c t-O I b f}
COUNTY OF a RA NG t=
The foregoing instrument was acknowledged before me on this 12 day of Nevci b er-,
2012, by R dkt QN ei '4 c\k ivne , who is personally known to
me or who has produced as identification
and who did not take an oat
Notary Public 1' JEFFREY ASEDLOFF
ry SEAL: °8 -• MY COMMISSION I EE 072600
.k4.' EXPIRES.Juty 10,u2015
A, LY
Type/print name gin``
\\Cityhall\shares\Planning and Zoning\JPA-Utility Agreements&Reviews\Verde Park\Verde Park Agreement doc
Page 7
EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
Jack R. & Joan B. Amon; F & J Developers; LLC; and, Eagles Landing at Ocoee, Inc.
Lake County Alternate Key Numbers:
Jack R. & Joan B. Amon:
1037352
1037379
1061717
F & J Developers, LLC
1037344
Eagles Landing at Ocoee, Inc.
2992115
Descriptions:
Jack R. & Joan B. Amon
1037352. N 1/4 OF SW 1/4 OF SE 1/4--LESS TURNPIKE-- SE 1/4 OF SE 1/4 N OF T &
G--LESS TURNPIKE—ORB 1797 PG 1449
1037379: BEG ON N LINE OF HWY R/W 436 FT E OF W LINE OF SE 1/4 OF SE 1/4,
RUN N TO T & G RR, E'LY ALONG T & G RR TO E LINE OF SEC, S TO SE
COR OF SEC W 125 FT, N 325 FT, W 400 FT, S TO HWY, NW'LY ALONG
HWY TO POB —ORB 1797 PG 1449
1061717: EDGEWATER BEACH SHEET NO 2 LOTS 7, 8, 9 BLK 4 PB 8 PG 19—ORB
1797 PG 1449
F & J Developers, LLC
1037344: 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
RNV LINE 164.88 FT TO A CURVE CONCAVE TO THE N, THENCE RUN ELY
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 RNV 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
Page 8
Eagles Landing at Ocoee, Inc.
2992115: THAT PART OF ABANDONED T & G RR R/W DESCRIBED AS FOLLOWS:
FROM SE COR OF SEC RUN N 0-27-06 E ALONG E LINE OF SEC A DIST OF
775.06 FT FOR POB, RUN N 67-01-42 W ALONG S R/W LINE OF T & G RR
R/W A DIST OF 272.43 FT TO A CURVE CONCAVE S'LY, THENCE RUN W'LY
ALONG THE ARC OF SAID CURVE & SAID S R/W LINE HAVING A RADIUS
OF 866.73 FT, A CENTRAL ANGLE OF 37-45-0 AN ARC LENGTH OF 571.06
FT, A CHORD BEARING OF N 85-54-12 W & A CHORD DIST OF 560.78 FT
TO A POINT OF TANGENCY, THENCE RUN S 75-13-18 W ALONG SAID S
R/W LINE 118.99:FT TO A CURVE CONCAVE SE'LY, THENCE RUN W'LY
ALONG THE ARC OF SAID CURVE & SAID S RAN LINE HAVING A RADIUS
OF 1382.39 FT, A CENTRAL ANGLE OF 19-01-33, AN ARC LENGTH OF
459.04 FT, A CHORD BEARING OF S 65-42-31 W & A CHORD DIST OF
456.94 FT, THENCE RUN N 0-30-13 E 119.22 FT TO A POINT ON N-RNV LINE
OF T & G RR RAN SAID POINT BEING ON A NON-TANGENT CURVE
CONCAVE SE'LY, THENCE RUN E'LY ALONG THE ARC OF SAID CURVE &
SAID N RAN LINE HAVING A RADIUS OF 1482.39 FT, A CENTRAL ANGLE OF
. 16-25-40, AN ARC LENGTH OF 425.03 FT, A CHORD BEARING OF N 67-0-28
E & A CHORD DIST OF 423.58 FT TO"A POINT OF TANGENCY, THENCE
RUN N 75-13-18 E ALONG SAID N RAN LINE 118.99 FT TO A CURVE
CONCAVE S'LY, THENCE RUN E'LY ALONG THE ARC OF SAID CURVE &
SAID N RAN LINE HAVING A RADIUS OF 966.73 FT, A CENTRAL ANGLE OF
37-45-0, AN ARC LENGTH OF 636.94'FT, A CHORD BEARING OF N 85-54-12
W & A CHORD DIST OF 625.48 FT TO A POINT OF TANGENCY, THENCE
RUN S 67-01-42 E ALONG SAID N RAN LINE 230.97 FT TO A POINT ON SAID
E LINE OF SEC, S 0-27-06 W ALONG SAID E LINE A DIST OF 108.25 FT TO
POB —ORB 3439 PG 450
Total Containing 61.39 acres +/-
Page 9
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 25th day of September,2012,between Jack R. & Joan B.
Amon, F & J Developers, LLC, and Eagles Landing at Ocoee, Inc., 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 10
Notice of Encumbrance to Annex to City of Clermont - signature page
PROPERTY OWNER(S): WITNESSES (Two required):
Jack R. • on & Joan B. mon Witnesses kl By: S � % /
Sig 1. ignatur�
Jock R. A Move J o,Mes P, pvin,,,
Type or print name Type or print nam
))--e',,,
nature Signature
3 aar $, flMo," ,\e f re/ 4.. SdII(CY,f'
Type or print name Type or print name
STATE OF LeJg I V4
COUNTY OF OR 4 4
The foregoing instrument was acknowledge before me on this ) S day of
pcc. ob er , 2012, by J ch.0 k 'R. .._) cn,o%n B. /4/k o y\ , who is
personally known to me or who has produced
as identification and wh did not take an oath. .
«,,,,,, JEFFREY A.SEDLOFF
3,; ,,, ,,z MY COMMISSION tl EE 072600
Notary Public SEAL: K= e«�a July u?d1•.r:r,r
Type/print name
Pursuant to Section 695 29(3)(f) this Instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City
of Clermont,Florida 34712
Page 11
Notice of Encumbrance to Annex to City of Clermont - signature page
Eagles Landing at Ocoee, Inc. Witnesses
By: 1. /fir r
Sig 100111111°-
. gnature
0tN Ienrj A_ J vie J ages P. P -
Type or print name Type or print name
2.
Signature
J c e�� A -Se OA Gig
or print name
STATE OF F ID4
COUNTY OF c yi2,q,14GE
The foregoing instrument was acknowledged before me on this 12- day of
Nov eM r, 2012, by , o h 1 a,v d A , ,\ v e , who is
personally known to me or who has produced
as identification and who id not take an oath.
F JEFFREY A SEDLOFF
Notary Public SEAL: MY COMMISSION II EE 072600
., �' �a EXPIRES'July 10 2015 ers
p;T,,,. Bonded Thru Notary
Type/print name
Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City
of Clermont,Flonda 34712
Page 12
Notice of Encumbrance to Annex to City of Clermont - signature page
Eagles Landing at Ocoee, Inc. Witnesses
By:______,ZS 1. , 6411P
Signature S�ifure
?NG4• tcnv�cI A - J Uve / Jo,Mes Pc pu1nv\
Type or print name Type or print name
2.
Signature /�
A Q--p Y,
`l' 4,y A. S'. 1 CDg
Type or print name
STATE OF FLORIDA
COUNTY OF O RA,1■1 G c
The foregoing instrument was acknowledged before me on this 12 day of
Nov2.M b<r-, 2012, by R o h I a vac A , ki e\e , who is
personally known to me or who has produced
as identification and who ;id n•t take an oath.
AI-, ", JEFFREY A SEDLOFF
Notary Public '' iMi�/ SEAL: •_ MY COMMISSION#EE 072600
:` "�-= EXPIRES.July 10,2015
'4,1; Bonded Tin tiotary Public Underwriters
Type/print name .
Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City
of Clermont,Flonda 34712
\\Crtyhall\shares\Planning and Zoning\JPA-Utility Agreements& Reviews\Amon\Amon&Eagles Landing Agreement doc
Page 13
EXHIBIT "C"
Verde Park Site Plan
Jack R. & Joan B. Amon; F&J Developers, LLC; and, Eagles Landing at Ocoee, Inc.
Aerial view:
1.,
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Page 14
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