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2013-75 of Clermont ,__ _ _ 685 W Matthew St ' etennwnt,.7E34711 I j __ _ _ UTILITY SERVICE AGREEMENT For WATER, SEWER & REUSE This document constitutes an agreement between the City of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Victoria Estates at Clermont, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to a Planned Unit Development with 21 single family residential lots 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, sewer and reuse service from the CITY; and Whereas, as a condition of CITY providing said water, sewer and reuse service to the Property, OWNER is to extend water, sewer and reuse 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 Sewer and/or reuse lines and appurtenances in order to provide additional capacity to other properties; and Whereas, as a condition of the provision of water, sewer and reuse 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, The CITY and OWNER are entering into this Agreement to set forth the terms and conditions under which water, sewer and reuse 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/REUSE — Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide water, sewer and reuse service for the Property. Estimated Water Consumption is 6,300 gpd (excluding irrigation), estimated sewer consumption is 4,725 gpd and estimated reuse consumption is 9,545 gpd for 21 single family units. 10 percent overage allotted. 1.2 OWNER shall connect to the existing City systems at connection point or points approved by CITY. The connection point or points will be the closest appropriately sized to serve 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. INSTRUMENT#2013136400 OR BK 4416 PG 272-283 (12 PGS) DATE 12/12/2013 11 10 28 AM NEIL KELLY, CLERK OF THE CIRCUIT COURT Page 1 I LAKE COUNTY RECORDING FEES$103 50 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, sewer and reuse 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, sewer and reuse 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 OWNER shall provide privately owned irrigation wells for irrigation of all common areas 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, sewer and reuse 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 CR 455. 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 Victoria Estates at Clermont dated 08/06/13 and 08/07/13 as prepared by Unroe Engineering, 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. WAIVER The landscape buffer along CR 455 may be reduced to 10 feet (from 20 feet) because of the past dedication and constructed of the 30-foot bike path. Total setback from CR 455 right-of- way is about 40 feet Section 4. 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 Page 3 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 OWNERS City of Clermont Victoria Estates at Clermont, LLC City Manager 1312 Bowman Street P.O. Box 120219 Clermont, FL 34711 Clermont, FL. 34712-0219 Section 7. 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 March 23, 2004 between the City and Larry A. Grimes. Section 8. 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 rA9 p�T7'-s U�GZ e:. C`f 0.7 LLB Page 4 , . DATED this 12th day of November, 2013. CITY OF CLERMONT VA:4%;'".■ r 4-'1 7 e(5.''4 - 47inc, , 10111111 4113 -... 111110 4 -10't #4",iFf Harold S. Turville Jr., Mayor 12,r- ? fr / Tracy Ackroyd, City Clerk Approved as to formarx11.-•ality: 4#4104") Da - . aris , • •s Page 5 OWNERS: Victoria Estates at Clermont, LLC Signatu e Type or print name STATE OF / COUNTY OF The foregoin instrument was _ nowledged before me on this /✓" of of / OYL4 ,cP 2013, by /JZe d .i , who is personally known to me or who has produced �� / _ -/ 40P as identification and who did not take an oath. Notary Public,,/�i ����r��jj j SEAL: =f / DEMSE RAYL NOAK Type/print name /� J�� MYCOMMISSION�EE150678 EXPIRES:December 20,2015 Bonded Thru Budget tJotery Semces Page 6 EXHIBIT"A" PROPERTY DESCRIPTION Owners: Victoria Estates at Clermont, LLC Lake County Alternate Key Numbers: 11102545 Descriptions: LAKE HIGHLANDS 23-22-26 TRACT 37, S 1/2 OF RD RNV ADJOINING ON N SIDE-- LESS LYING WITHIN 60 FT W OF N & S MID-SEC FOR RD R/W--PB 4 PG 11, ORB 4347 PG 1035 Total Containing 9.66 acres +/- Page 7 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 November, 2013, between Victoria Estates at Clermont, 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: Page 8 • 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. Notice of Encumbrance to Annex to City of Clermont-signature page PROPERTY OWNER(S): WITNESSES (Two required): Victoria Estates at Clermont, LLC Witnesses By: �r 1. iáaa Signature Si; ature �`;T�V ' `P t4 S �/�OS 11 GIMPS �.� ' 1 •' Type or print name Type or print name 2. � Si natu e V;I n Qödrij _. Type 8r print name STATE OF 770//(2_ COUNTY OF 1.-44,Ce The foregoing ins ant acknowledged before me on this /6'day ofr�/.� 2013, by /��, --4 S' , who is personally known to me or who has produced ,7. /de/`S .je f.e. ' 7 as identification and who did not take an oath. Notary Public . �■ /�.i SEAL: .0t.V.°;'Bi,„ DENISE RAYL NOAK Type/print nam- _ i .! yC�� , MY COMMISSION i EE 150678 nu EXPIRES.December 20,2015 4.4k0;;vg, Bonded TM Budget Notary Services 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 9 EXHIBIT "C" Victoria Estates at Clermont, LLC 'rte-, ,--; s T ,,,,ff 1. (� J .Y \...1 rti, : 'v. „If . - :..„,,,;„,-,- ..-„. .,,,, in -A._ r.,,,, .,,,,.. 1 ' /�J , '-'--.4..1.. wr'k 1 Y � � '4 ,v,":,...'...,._..7.",= ,v' •. bN. ' :.. �•l� P Y • ,I Y .. ••.... ,„:... _ ..,), i - z ..,r :•,.4... 4.,,,--,.. .....,,,.. ,/;- y _ 1„I,,,i.i.1 •-- 'h, ti_ -,1:L. - Orange 3. h C ul►u w _ , ;.~�„y,•t J • }� O Dom' J 4:.)-'''',-1- "{�• L^'S�'.c C”' / Fr r. t` _ 1 f ,ifi� `• !YII.'.7 ,4 .ir 74 J.d / n AAt'' 'a L iWd , T r ”: ? 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