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2012-90 I ,edy Caw-ruin t
685 W.MOntwoe St
eeexnwnt,le 34711
UTILITY SERVICE AGREEMENT
W For WATER&WASTEWATER
rT,u R E
This document constitutes an agreement between the City of Clermont, hereby referred to as —m W"'
CITY, a municipality of the State of Florida, and Clermont Motor Sales, LLC and any o m N A c
successors or assigns, hereby referred to as OWNER. z o _�
WITNESSETH m N V N
cn mm -(110
v J 1
Whereas, OWNER is requesting service to an automotive sales, service, repair and o o Si W
commercial business which is located on real property (the"Property) described on Exhibit 'A', ° _D °
attached hereto and by this reference made a part hereof; and m
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
7
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.
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 —Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
i
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 construct a portion of Autoplex Lane, S.R. 50, including turn lanes
into the development, along the southern property boundary as associated with the
development.
1.9 The existing utilities along State Road 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.
1.10 The utilities in the commercial properties shall be,privately owned and maintained, but
shall be constructed to City standards.
1.11 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.
1.12 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.
1.13 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
1.14 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 1.9 from the CITY in the form of Impact Fee Credits.
1.15 The Impact Fee Credits shall be established subject to Sections 1.9 and 1.11 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.
1.16 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.
Page 2—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.18 A 12-inch water main shall be constructed from the connection point at State Road 50,
north along the private road at the western property boundary, westerly along the trail
right-of-way and connect to the existing 16-inch water main on CR455. The water main
shall be located in a fifteen foot easement in Autoplex Lane.
1.19 The point of sewer connection shall be coordinated with the existing utilities on the north
side of State Road 50. The City will not accept ownership of utilities within the State
Road 50 right-of-way.
1.20 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.
1.21 The OWNER must coordinate with Lake County and the Metropolitan Planning
Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Concurrency Management System (TOMS).
1.22 A cross access easement must be provided for the constructed Autoplex Lane, and the
30-foot unimproved reserved portion running to the northern property boundary.
1.23 Autoplex Lane road improvements. Autoplex Lane, which is a private road, shall be
constructed to City design and landscaping standards (as modified herein above) from
State Road 50 for 300 feet north into the Property. OWNER shall not be required to
perform any upgrades to Autoplex Lane beyond 300 feet north of State Road 50.
1.24 The unimproved portion of Autoplex Lane shall include a 30-foot reservation of property
for the roadway itself, plus 10-feet for the landscape buffer. The cross section shall be
essentially level to accommodate any possible future construction of the road.
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 under Section 3, or subsequent amendments to this
Agreement.
2.2 The project shall be designed in substantial accordance with the Site Plan (Exhibit "C")
and Landscape Plan (Exhibit "D") by Spring Engineering, Inc. dated 9-21-12.
Exceptions or modifications may be permitted as necessary to comply with final
conditions and any State, County or City Codes.
Section 3. WAIVER REQUESTS FOR THE PROPERTY
3.1 OWNER will request the following waivers from requirements imposed in the City of
Clermont Code of Ordinances (the "Code")and CITY staff will support such requests:
Page 3—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement,Amendment#3
(a) Retaining Wall Height. The retaining wall height will be 15 feet.
(b) Customer Parking. Rather than basing the number of customer parking on the
square footage of the overall commercial space for the project, the CITY agrees to
base the number of customer parking spaces on the size of the first floor
administration/sales area (18.018 sq. ft.) and the collision center building (2.710 sq.
ft.) for the project. Accordingly, 90 customer parking spaces are required for the
administration/sales area (117 provided) and 14 customer parking spaces are
required for the collision center(16 provided. The OWNER is required to provide a
minimum of 104 customer parking spaces for both areas total. The site plan
indicates 117 customer parking spaces are sized according to Section 3 (c). Overall
customer parking as indicated on the site plan for both the first & second floor
requires 152 spaces and 152 are provided, both 10'x 20'and 9'x 18'.
(c) Product Inventory Space Size. The product inventory spaces shall be separated
from customer parking spaces and shall be 9' x 18'. Customer parking spaces will
be 10'x 20'.
(d) Parking areas in the non-customer locations may have one landscape island every
15 parking spaces. All customer parking areas shall maintain the required one
landscape island every 10 parking spaces.
(e) Cut and Fill Maximum Standard for Grading. The grading for the site shall be limited
to a 15 foot grade change in a cut or fill for the overall site, and up to 20 feet for the
transition area along the eastern boundary.
(f) Landscaping on the western boundary of the Property beyond 300 feet north of
State Road 50. The landscape buffer along that portion of the western boundary of
the Property 300 feet north of State Road 50 shall be placed to the east of the
existing pavement of Autoplex Lane and shall be constructed to those standards for
a property boundary and not to the standards for buffers adjacent to public right-of-
way.
(g) Side slope requirements on the western boundary of the Property beyond 300 feet
north of State Road 50. The side slope directly adjacent to the western side of the
developed area of the Property 300 feet north of State Road 50 shall have a slope of
6:1 for the first 5 feet in lieu of the 10:1 side slope requirement.
(h) All landscape buffers and internal island landscaping may be planted in accordance
with the Lake County landscape requirements. This shall include internal parking
landscape island size. perimeter buffer size, and plant materials/size.
Section 4. 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
Page 4—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
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 5. 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 6. 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 Clermont Motor Sales, LLC
City Manager 3800 West Colonial Drive
P.O. Box 120219 Orlando, FL 32808
Clermont, Fl 34712-0219
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 5—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
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 i s City Manager authorized to execute same by City Council
action, and OWNER through through 'S . 4-ttA/le S,e, ) Q n r"
DATED this 27th day of November, 2012.
CITY OF CLERMONT
ATTEST.
ra old S. Turville Jr., Mayor Tracy Ackroyd, City Clerl
Approv-= . o fo • - • e•- "- •
Dance . antzans, City Attorney
Page 6—Clermont Motor Sales, LLC (Toyota)
Utility Services Agreement,Amendment#3
OWNER: Clermont Motor Sales, LLC
/ / _
A L i Title: C-11.144 //Q/lQ 41
Signa re F'
c)O.se/24 9 ,57vi 4;.
Print Name
STATE OF -Woe{b
COUNTY OF eat ny_
The foregoing instrument was acknowledged before me on this ''t' day of 1Ie�c em 1 e r ,
2012, by J6-se-ph 4- S\d1LLc , who is personally known to
me or who has produced -- as identification
and who did not take an oath.
Notary Public SEAL:
/�_
Type/print name Eweiya C &(DE
;4% EvELYN MY COMMISSION#€E 006647
•• y'.; EXPIRES:November 5,2014
Bowed itxu Notary Public Underwriters
Page 7—Clermont Motor Sales, LLC (Toyota)
Utility Services Agreement, Amendment#3
PROPERTY OWNER(S): WITNESSES (Two required):
Clermont Motor Sales,LLC Witnesses
Si. ,tore Signature
J >Fri'4 5v ' �s I-� ./404 awls
Type or print name Type or print name
By: 2. _
Signature Signature
4<2.1 v0111Vore�e{1
Type or print name Type or print name
STATE OF 41-0 e-t
COUNTY OF Cc 0.r\C e.
The foregoing instrument was acknowledged before me on this t f day of
1�ec e+n�e� , 2012, by Zo s%*\ -A , who is
personally known to me or who has produced
as identification and who did not take an oath.
Notary Public 01114-a(2-A— SEAL: _ — -- ---
��e 1� ,� �o n D - ;. MY ,SSow 8647
Type/print name k EXPIRES:November 5,2014
9olim "Nomry Pubac ups
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695,F.S.,; ' a • c s:.*y, ,city
of Clermont,Florida 34712
Page 10—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
EXHIBIT"A"
PROPERTY DESCRIPTION
Owners:
Clermont Motor Sales, LLC
Description:
LAKE HIGHLANDS 26-22-26 BEG AT NE COR OF SEC, RUN S 0-40-12 W 1183.47 FT TO N
R/W LINE OF SR 50, N 89-09-12 W 680.32 FT, N 0-25-53 W TO N LINE OF SEC, E ALONG
SAID N LINE OF SEC TO POB, BEING TRACTS 1 & 16, PART OF TRACTS 2 & 15A PB 3 PG
52 ORB 2754 PG 2314
Containing 18.48 acres, more or less
AND
LAKE HIGHLANDS 23-22-26 BEG AT SE COR OF SEC, RUN N 0-39-25 E 464.58 FT TO S'LY
R/W LINE OF RR, N 66-13-46 W ALONG SAID S'LY R/W LINE OF RR A DIST OF 780.30 FT,
S 0-25-53 E TO S LINE OF SEC, E ALONG SAID S LINE TO POB, BEING PART OF TRACTS
50A & 63, ALL OF TRACT 64—LESS FROM SE COR OF SEC 23 RUN N 0-39-25 E ALONG E
LINE OF SE 1/4 A DIST OF 464.58 FT TO N LINE OF TRACT 64, N 66-13-46 W ALONG SAID
PROJECTION LINE & N LINE OF SAID TRACTS 64 & 50-A 780.30 FT, S 0-25-53 E 76.75 FT
TO A POINT ON S LINE OF 200 FT WIDE R/W FOR ACL RR RNV & POB, RUN S 66-13-46 E
R/W LINE 350.25 FT, N89-09-48 W 319.54 FT, N 0-25-53 W 136.51 FT TO POB—PB 4 PG 11,
ORB 2754 PG 2314
Containing 9.84 acres, more or less
Total: Containing 28.32 acres, more or less.
Lake County Alternate Key Numbers:
1048699
3835574
Page 8—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
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 27th day of November 2012, between Clermont Motor
Sales, LLC 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 9—Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement,Amendment#3
Clermont Motor Sales, LLC (Toyota)
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Page 11 —Clermont Motor Sales, LLC(Toyota)
Utility Services Agreement, Amendment#3
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