2013-35 INSTRUMENT 82013041209
OR BK 4307 PG 1204-1207 (4 PGS)
DATE 4/10/2013 3 49 11 PM
Return to: NEIL KELLY, CLERK OF THE CIRCUIT COURT
City of Clermont LAKE COUNTY
�' RECORDING FEES$35 50
City Clerk
�vF� PO ox 120219
Q Clermont Fl.34711
AGREEMENT FOR TEMPORARY PROVISION OF WATER
AND SEWER UTILITY SERVICES INCLUDING INDEMNIFICATION
AND HOLD HARMLESS AGREEMENT
The City of Clermont and Clermont Land Partners, LLC 6735 Conroy Rd , Suite 110
Orlando, FL 32835 (hereinafter "OWNER" as the owner of the property being developed as the
Dunkin Donuts store and eligible for water and sewer services in accordance with the Utility
Services Agreement for Water and Wastewater between OWNER and the City of Clermont,
recorded in Lake County Public Records OR Book 4194, PG 655-664 for property described in
Exhibit "A" attached hereto and incorporated herein and being constructed pursuant to Lake
County Building Permit No 2012080445, do hereby agree as follows
1 The City of Clermont is in the process of reviewing and re-evaluating its water and sewer
impact fees and it is anticipated that the new impact fee formula and rates, when applied to
improvements described contained in the above-referenced building permit will result in a lower
total impact fee than that to be calculated as of the date of this agreement
2 In consideration of the temporary provision of water and sewer services for the building
constructed pursuant to the above-referenced permit it is hereby agreed as follows
a) Upon completion and final approval of all items necessary to complete the above-
referenced building permit and prior to the provision water and sewer services by the City of
Clermont, the OWNER shall pay or cause to be paid to the City of Clermont FOUR
THOUSAND NINETY-SEVEN AND 00/100 ($4,097 00) DOLLARS toward water and sewer
impact fees related to the project
b) Upon payment of the above-amount and final completion and approval by the
City of Clermont of all utility issues related to the above-referenced permit and issue a certificate
of occupancy, the City of Clermont shall provide water and sewer services for the subject
building
c) The temporary provisions of water and sewer services issued hereunder, shall
automatically be revoked and/or expire on July 1, 2013, without further notice to the OWNER
In the event of said revocation, OWNER agrees on behalf of itself, its agents, tenants or assigns,
that the City of Clermont may terminate water and sewer service to the subject property
Provided, however, prior to July 1, 2013, the City of Clermont shall acknowledge the provision
of permanent water and sewer utility services if the OWNER elects to meet one of the following
conditions
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(1) If the new impact fee study has not been adopted as of the date of issuance
of the permanent Certificate of Occupancy, the OWNER pays to the City of Clermont the
difference between $4,097 00 and the total amount of water and sewer impact fees related to the
project calculated based on the City's adopted Impact fee study as of the date of this agreement,
or
(2) If the new impact fee study has been adopted as of the date of issuance of
the permanent Certificate of Occupancy, the OWNER pays to the City of Clermont the
difference between $4,097 00 and the amount of the total amount of the water and sewer impact
fees related to the project calculated in accordance with the new impact fee study adopted by the
City of Clermont prior to July 1, 2013, or
(3) Upon calculation of the impact fees related to the project in accordance
with the new impact fee study adopted by the City of Clermont prior to July 1, 2013, if it is
determined that the total amount of water and sewer impact fees owed to the City is less than
$4,097 00, then OWNER shall be entitled to permanent water and sewer services and the City of
Clermont shall refund to the OWNER the difference between $4,097 00 and the amount of water
and sewer impact fees calculated for the project pursuant to the new impact fee study
d) The OWNER, on behalf of itself, its heirs, assigns and agents shall hold harmless
and indemnify the City of Clermont for any and all damages, including attorney's fees at all
levels including appeal arising from any claims, causes of action or demands of any kind related
in any manner to the issuance of this temporary water and sewer service agreement or the failure
of the OWNER, its agents, subcontractors or assigns, to perform any of the matters contained
herein
3 OWNER agrees to pay any and all applicable permit, inspection and impact fees other
then as set forth herein, in full and at the rate currently established by the City, prior to the
issuance of a the temporary certificate of occupancy contemplated herein
4 In the event and at such time that the OWNER shall fail to comply with any of the terms
herein, the City shall have the absolute and unconditional right, upon ten (10) days prior written
notice to OWNER at the address set forth above, to terminate water and sewer service to the
subject structure
{Remainder of page initially left blank}
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5 This document shall be recorded by City, at OWNER'S expense in the public records of
Lake County Florida At OWNER's request following payment or refund of all amounts
pursuant to Section 2 above, the City shall execute a termination agreement, terminating all
provisions of this document, for recording, at OWNER's expense, in the public records of Lake
County, Florida
The parties hereto do herby agree to the terms and conditions set forth herein by affixing
their names through their authorized representatives as of the dates indicated below
City ofC. rmont Clermor..nd Partin, LLC
1 ,
BY „ . AA ;y
Darr-i %r ity Ma ager Moham •e' Diab, Ma ager
State of Florida
County of Lake
Before me, the undersigned Notary Public, personally appeared Darren Gray, City Manager for
the Cit of Clermont, who acknowledge before me that he executed this instrument on the
2.P— day of Apr:\ , 2013 and who wasither personally known to me or ❑
who p uced t as identification
1242-4/011
Not ry Public Commission expires
J‘rues K. .\, Noisry Pub k 8faie FkMa
Type or Print name of Notary James K Hitt
My Commission EE 835298
a Expires 1m7/2018
State of Florida
County of Lake
Before me, the undersigned Notary Public, personally appeared Mohammed Diad, Manager of
Clermont Land Partners, LLC, who acknowledge before me that he executed this instrument on
the 7thday of s'alm'i , 2013 and who was Either personally known to me
or❑ who produced
as identification
fito T `() lcJlti 6)- - a-7 - IS
No Public Commission expires
IQODIV1 L 13rown
Type or Print name of Notary
.,•.: a'� ROBIN L BROWN
f "t Commission 0 EE 57219
s•
,3�,r,F My Commission Expires
r„0;',P February 07 2015
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EXHIBIT "A"
Legal Description of Lot#2
Clermont Land Partners,LLC
Parcel III (Fee simple estate, being Proposed Lot 2)
A parcel of land being a portion of the Southeast Quarter of the Northwest Quarter of Section 25,
Township 22 South, Range 26 East, Lake County, Florida, being more particularly described as
follows
Commence at the Southeast Corner of the Southeast Quarter of the Northwest Quarter of said
Section 25, thence North 89 degrees 29 minutes 21 seconds West, along the South line of the
Southeast Quarter of the Northwest Quarter of said Section 25, a distance of 1227 25 feet to the
East line of the West 100 00 feet of the Southeast Quarter of the Northwest Quarter of said
Section 25, thence North 00 degrees 48 minutes 14 seconds East, along said East line, a distance
of 1253 12 feet to the South right-of-way line of State Road 50 based on the State of Florida
Department of Transportation Right of Way Map, Section Number 11070, thence North 89
degrees 59 minutes 09 seconds East, along said South right-of-way line, a distance of 240 00 feet
to the POINT OF BEGINNING,thence continue North 89 degrees 59 minutes 09 seconds East,
along said South right-of-way line, a distance of 135 00 feet,thence departing said South right-
of-way line, South 00 degrees 00 minutes 51 seconds East a distance of 25 00 feet, thence North
89 degrees 59 minutes 09 seconds East a distance of 15 00 feet, thence South 00 degrees 00
minutes 51 seconds East a distance of 330 00 feet, thence South 89 degrees 59 minutes 09
seconds West a distance of 150 00 feet, thence North 00 degrees 00 minutes 51 seconds West a
distance of 355 00 feet to the POINT OF BEGINNING
Parcel IV(Easement Estate)
Together with those certain non-exclusive easements appurtenant to Parcel III above, for Ingress,
egress, parking, utilities and drainage, as set forth created and declared by Magnolia Property
Associates, LLC, a Florida limited liability company in that Declaration of Easements,
Covenants and Restrictions recorded December 13, 2006 in Official Records Book 3325, Page
922, as amended by First Amendment thereto, recorded January 17, 2007 in Official Records
Book 3351, Page 631, Public Records of Lake County, Florida, as amended by Amendment to
the Declaration of Easements, Covenants and Restrictions, recorded August 15, 2011 in Official
Records Book 4062, Page 808, Public Records of Lake County, Florida
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