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2015-56 eat{ ofift4m"nt 1685 W,Muntxooe St• U Rff I giant,le 34711 UTILITY SERVICE AGREEMENT FOR WATER &WASTEWATER I- cc This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Hamida F Battla and Naseem Bano Latif (Headquarter Auto Clermont, Ltd —a k a Headquarter Mazda), and any successors or assigns, hereby referred to as OWNER. g: o a U Ln WITNESSETH N OLorn O O Whereas, OWNER is requesting service for a commercial establishment Automobile o . N Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc with o`f, N w up to 11,000 sq ft , which is located on real property (the "Property") described on Exhibit 'A',1 Lo`NT >-LL attached hereto and by this reference made a part hereof, and w o J z O 4? ^ w8Uo Whereas, the Property is located in the unincorporated area of Lake County and the OWNER, m _Ile w is requesting water and sewer service from the CITY, and rQ w a w ' �OOZ .ia 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 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 Page 1 —Headquarter Mazda, 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 construct or be responsible for all access to the site which may include turn lanes from S R 50 into the development, along the northern property boundary line 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 property shall be privately owned and maintained, but shall be constructed to City standards 1 11 Irrigation shall be provided by private well Potable water is not allowed for irrigation 1 12 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 13 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 14 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction 1 15 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 12 and 1 13 from the CITY in the form of Impact Fee Credits Page 2—Headquarter Mazda, Utility Service Agreement for Water&Wastewater 1 16 The Impact Fee Credits shall be established subject to Sections 1 12 and 1 13 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 17 Impact Fee Credits may not be transferred outside of the Property described on Exhibit "A" and as depicted in Exhibit "D" Location Map, but may be assignable to any heirs, assigns or successors in interest or title to part or all of said Property 1 18 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees 1 19 The City may require a looped system to provide reliability and redundancy to the property 1 20 The point of sewer connection shall be coordinated with the existing utilities on the south side of State Road 50 The City will not accept ownership of utilities within the State Road 50 right-of-way 1 21 Any fencing within public view, (including retention ponds), must be ornamental metal with complementing structural columns, as approved by the City's Site Review Committee No chain link shall be used in public view areas 1 22 Parking of any vehicles outside the paved parking areas, or in any landscape buffers shall not be permitted Parking shall not be permitted on any State or local road right-of- ways 1 23 The OWNER must coordinate with Lake County and the Metropolitan Planning Organization (MPO) for compliance with Transportation Concurrency, and the Transportation Concurrency Management System (TCMS) 1 24 The development shall be in substantial compliance with the Site Plan, Landscape Plan and Architectural Plan as shown in Exhibit "C" Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement 125 The OWNER must coordinate with Lake County and the Metropolitan Planning Organization (MPO) for compliance with Transportation Concurrency, and the Transportation Concurrency Management System (TCMS) 1 26 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started 1 27 The Agreement shall be for commercial utility flow/demand for water at 925 gpd and sewer is 925 gpd, based on an annual average Exceeding these amounts may require a new Utility Services Agreement (gpd = gallons per day) Allowed overage of up to 10% allowed Page 3—Headquarter Mazda, Utility Service Agreement for Water&Wastewater Section 2. DEVELOPMENT STANDARDS (a) 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 (b) The project shall be developed in substantial accordance with the Master Site Plan as submitted with the Utility Service Agreement request, dated 1/20/151 by Tannath Design, Inc Section 3. WAIVER REQUESTS FOR THE PROPERTY 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 ➢ Perimeter shrub row around the site will not be required on the west and south where the wall exists on the adjacent site All other perimeter areas must have a shrub row, per City code ➢ Canopy trees are replaced within the right-of-way buffer of S R 50 to include Date Palms, Cabbage Palmetto and Crape Myrtles In the event that palm trees are not used, canopy trees per the City code will be utilized ➢ Parking areas in the non-customer location on the east side of the property may have up to 19 parking spaces without a landscape island as presented in Exhibit"C" 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 as depicted in Exhibit "D" Location Map The Notice of Encumbrance shall be executed by all owners of the real property described 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 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 Page 4—Headquarter Mazda, Utility Service Agreement for Water&Wastewater 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 Hamida F Battla City Manager Naseem Bano Latif P,0 Box 120219 9502 Lavdl Court Clermont, Fl 34712-0219 Windermere, FL 34786do, FL 32808 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 This Agreement shall be valid for no longer than five (5) years Page 5—Headquarter Mazda, 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 its City M ager, aut n d to execute same by City Council action, and OWNER through 961 I _ �' _mci,jor DATED this O9' t day of , 2015 CITY OF CLERMONT ! yy ' ATTEST '= - Gad L Ash, Ma r Tracy Ackroyd, City Clerk A..rove. . . form -nd legality ALVIN Dani- is, 1 , A limey Page 6—Headquarter Mazda, Utility Service Agreement for Water&Wastewater OWNER: Hamida F. Battla (Headquarter Auto Clermont, Ltd -a k a Headquarter Mazda) H'corn Lcica Ba Title V A(S' Signature Print Name STATE OF F1 of-J,-4 COUNTY OF 01cn9e The foregoing instrument was acknowledged before me on this 8 day of 3-,) 2015, by Ike,nAtAc., , who is •erso•-` known to me or who has produced as identification and who did not take an oath Notary Public �.,„,...0mil Tvi s,r'dy''' PHIL A D'ANIELLO MY COMMISSION#FF 047367 Type/print name EXPIRES.September 14,2017 Bonded Thn Notary Pubs UnderWflt is OWNER: Naseem Bano Latif (Headquarter Auto Clermont, Ltd -a k a Headquarter Mazda) Title L—A e Signature NckseePA 44,1442 c.g4:c Print Name STATE OF cl nc: COUNTY OF Orar+g&, The foregoing instrument was acknowledged before me on this day of 3____ 2015, by f+/ sec..wM.% Lac r F , who is ersonally cno�en to me or who has produced - as dentitication and who did not take an oath Notary Public .-�� � SEALF PHIL AD'ANIELLO Type/print name =' :" '•_ -,. • , MY COMMISSION*FF 047367 EXPIRES'September 14,2017 ."4:Rf,,IRSe Bonded Thru Notary Public Underwriters Page 7-Headquarter Mazda, Utility Service Agreement for Water&Wastewater EXHIBIT"A" PROPERTY DESCRIPTION Owners: Hamida F Battla and Naseem Bano Latif(Headquarter Auto Clermont, Ltd — a k a Headquarter Mazda) Description: FROM SE COR OF NW 1/4 RUN N 01DEG OOMIN 01SEC E 569 70 FT FOR POB, RUN N 89DEG 45MIN 47SEC W,31-3 69 FT, N 01DEG OOMIN 01 SEC E 694 68 FT TO S R/W LINE OF SR 50,,S 89DEG 45MIN 47SEC E 313 63 FT TO E LINE OF NW 1/4, S 01DEG OOMIN 01SEC W 694 66 FT TO POB ORB 1124 PG 632 Containing 5 0 acres, more or less Lake County Alternate Key Numbers: 2827068 Page 8—Headquarter Mazda, 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 12th day of May 2015, between Hamida F. Battla and Naseem Bano Latif (Headquarter Auto Clermont, Ltd. - a.k.a. Headquarter Mazda), 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" - Property Description Exhibit"D" - Location Map 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—Headquarter Mazda, Utility Service Agreement for Water&Wastewater , PROPERTY OWNER(S): WITNESSES (Two required): Witnesses H-Ck_YY-1 � � 1. a 1 Signature Si nature Hamida F. Battla Jv MA /1/. Type or print name Type or print name 2. Signature Signa ure Naseem Bano Latif p L,`( iSikvt`e-1( o Type or print name Type or print name STATE OF F k or;C14 COUNTY OF o C a,„,g e_ The foregoing instrument was acknowledged before me on this E( day of Li r , 2015, by 1kA n•:de. Q L 41'I c. , who is -rsona nown to me or who has produced a '. •ntification and who did not take an oath. Notary Public —® SEAL: :,, PHIL A.IYANIELLO Type/print name =r: ' % MY COMMISSION#FF 047367 EXPIRES. :ptember 14,2017 ,%d` Bonded Thou Notary Pum Undenonders 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 10—Headquarter Mazda, Utility Service Agreement for Water&Wastewater • • • .•�, . rt...----- ... ... ....----- -- 11IIPIFrq" "1{ i!i !'hili j /f• I . ... ... 0 I '� 'l I I 111 I I = 111111111 ' •.I ,r - , a 13 I maCOCO II I 111/IF GIL 111E44 ;CO cp m ,.. : CD -0 I � I I � awiQ ► 0 � � nfl 111 � ._ r rt Z II o - r ` 11'L.: 4 di IN. I `°` 1_ Tt a c, k I 10 . :- 0) g if Mal• . 11111 1 ....g ,ff,i - ' -1 vi'ii'i. 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