2016-07 Denise Noak
From: Jim Hitt
Sent: Tuesday, February 09, 2016 11 12 AM
To: Denise Noak
Subject: Pinecrest Lake Academy
Hi Denise:
I received notice that the Utility Service Agreement for Sewer for Schoolhouse Finance, LLC (Pinecrest
Lakes Academy) in Minneola will not be signed by the previous owner, Ken Brown. Therefore, please make a
note to the file.
The new owners, Minneola School Development, LLC has applied and this will go before City Council on
February 23, 2016 on the consent agenda (please add)
The development name is the same — Pinecrest Lakes Academy.
Thanks,
JIM
James K. Hitt
Economic Development & CRA Director
685 W Montrose Street
Clermont, FL 34711
CHER nNT Tel 352-241-7305
`✓ JHitt@clermontfl org
�Chdceof Champions www ClermontFL gov
Our mission To preserve and enhance the quality of life for the
Clermont community by providing exceptional services
1
V TRACY ACKROYD HOWE, MMC
• City Clerk
CLER'1'ON1
352-241-7330
Choice of Champions- Tackroyd@clermontfl org
January 14, 2016
Schoolhouse Finance, LLC
Ken M Brown
1005 North Glebe Rd;Ste 610
Arlington,VA 22201
Dear Mr. Brown.
The Clermont City Council approved the attached at their regular meeting held on January 12, 2016.
Enclosed are two original agreements requiring execution. Please retain one original for your records and return
one fully executed document to the City of Clermont, Office of the City Clerk, 685 W. Montrose Street, Clermont,
FL 34711 A self-addressed stamped envelope is enclosed for your convenience.
Sincerely,
<.400
Tracy Ackroyd Howe, MMC
City Clerk
685 W Montrose Street Clermont, FL 34711 www ClermontFL gov
UTILITY SERVICE AGREEMENT
FOR WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Schoolhouse Finance, LLC (a k a Pinecrest
Lakes Academy), and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a private school with up to 53,800 sq ft , 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 within the City of Minneola and the OWNER is requesting
sewer service from the CITY, and
Whereas, as a condition of CITY providing said sewer service to the property, OWNER is to
extend 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 development; and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the sewer
lines and appurtenances in order to provide additional capacity to other properties, and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which 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 SEWER — Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement
1 1 CITY shall provide 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
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
Page 1 —Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
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 sewer is
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 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 Hancock Road or Old Hwy 50 into the development, along the
northern property boundary line
1 9 The existing utilities along Old Hwy 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 property 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 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 11 and 1 12 from the CITY in the form of Impact Fee Credits (if
applicable)
1 15 The Impact Fee Credits (if applicable) shall be established subject to Sections 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 16 Impact Fee Credits (if applicable) may not be transferred outside of the Property
described and shown on the location map in 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—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
1 17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees (if applicable), connection fees and permitting fees
1 18 The City may require a looped system to provide reliability and redundancy to the
property Easements in accordance with Clermont standards may be required for
access, as determined by the City of Clermont
1 19 The point of sewer connection shall be coordinated with the existing utilities on the Old
Hwy 50 The City will not accept ownership of utilities within the Old Hwy 50 right-of-
way
1 20 The Pinecrest Lakes Academy development will be required to disconnect from the
CITY of Clermont sewer system, at the OWNER's expense, and connect to Minneola's
system upon notice from the City of Minneola
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
123 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 and Architectural
Plan as shown in Exhibit "B" Major changes as determined by the Clermont Site
Review Committee may require an amendment to this Agreement
1 25 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started
1 26 The Agreement shall be for commercial utility flow/demand for sewer is 1,200 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
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 and
architectural renderings (Exhibit "B") as submitted with the Utility Service Agreement
request, dated September 2015 by BESH
Page 3-Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
Section 3. 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 4. 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 Schoolhouse Finance, LLC
City Manager - Ken M Brown
P O Box 120219 1005 North Glebe Road, Suite 610
Clermont, Fl 34712-0219 Arlington, VA 22201
Section 5. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties
Section 6. 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 4—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
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 /2 day of Ta `� 2016
CITY OF CLERMONT
ATTEST
Gail L Ash, Mayor Tracy Ackroyd Howe, City Clerk
..roved a ortn and legality
Dan a Mantzaris, City Attorney
Page 5—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
OWNER: Ken M Brown (Schoolhouse Finance, LLC — a k a Pinecrest Lakes Academy)
Title
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on this day of
2016, by , 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
Page 6—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
EXHIBIT"A"
PROPERTY DESCRIPTION
Owners:
Schoolhouse Finance, LLC (a k a Pinecrest Lakes Academy) - Ken M Brown
Description:
MINNEOLA, LAKE HIGHLANDS 16-22-26 THAT PART OF TRACTS 40B, 41, & ABANDONED
RR RAN DESC AS FOLLOWS FROM W 1/4 COR OF SEC 16-22-26 RUN S OODEG 02MIN
10SEC E ALONG W LINE OF SAID SEC 676 67 FT TO POB, RUN N 89DEG 57MIN 50SEC E
580 FT, N 08DEG 43MIN 11 SEC W 223 74 FT TO S'LY RAN OF OLD HWY 50, SE'LY ALONG
SAID RAN TO E LINE OF TRACT 40B EXTENDED, S ALONG SAID E LINE TO SE COR
TRACT 41, W TOW LINE OF SAID SEC, N ALONG SAID W LINE TO POB--LESS N'LY 10
FT FOR RD RAN & LESS BEG AT SW COR OF NW 1/4 OF SW 1/4, RUN N 0-40-22 W 56 32
FT, N 89-19-38 E 445 69 FT TO A POINT OF A NON-TANGENT CURVE CONCAVE TO THE
SW & HAVING A RADIUS OF 880 FT, THENCE RUN SE'LY &ALONG SAID CURVE THRU A
CENTRAL ANGLE OF 14-06-42 FOR AN ARC DIST OF 216 74 FT TO A POINT ON E LINE
OF SW 1/4 OF NW 1/4 OF SW 1/4, S 0-32-15 E 15 11 FT, S 89-19-26 W & PARALLEL TO S
LINE OF SW 1/4 OF NW 1/4 OF SW 1/4 A DIST OF 645 27 FT, S 0-40-22 E 15 FT TO S LINE
OF SW 1/4 OF NW 1/4 OF SW 1/4, S 89-21-26 W 15 FT TO POB, BEING PART OF TRACT
41, AN UNNAMED RD RAN BOUNDED ON N BY S 0-02-10 E 676 67 FT S FROM W 1/4 COR,
BOUNDED ON E BY W LINE OF TRACT 41, BOUNDED ON S BY N 0-40-22 W 56 32 FT
FROM SW COR OF NW 1/4 OF SW 1/4, BOUNDED ON W BY W LINE OF SEC 16--PB 3 PG
32 ORB 3660 PG 790
Containing 9 15 acres, more or less
Address:
14012 Old Hwy 50
Lake County Alternate Key Numbers:
1647673
Page 7—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
r • ,. ,}y.A.t , l.;e t `C* 641
�i.., I" . 4 '. ''S e `TS ' '�eAL � �l
•
,4
�"{r x W 11 `�..�r� T... "fF� t4",-_,: --":4•:-,1, 4;,�'iM�`Y i;• ,�.. ;, taR '"� 1F- .
�• .w+,y...,..„,...,,,,,;,:.,,,
. kt c y}�. —. '- ,+ .'nT r"fix.' tij
11 ��`
,�Sy Iy.",r`u f4'S
t. s _'.viu: '�rgr,x 4F r M '*r•`�40� 1
r� I t F F, as 'L.,, , ^Y` •{,'i—, ? r,. -'*t :'K F .-- r +.t' / ;, ,
'<+_ ' 1 it f /
�, ,r..t'i f� , �j; .. F -,-...."•-.• r s` .sem u'«M*re'.N-4,�+� w
(
iii
— r
t 1,, 4, 5. ( 4y , i{T- % P t' x ♦ -'
n
x, '•1...Rti ' , softi, , .;`,A t
03
G6
� r! >
% ' `p ''pI r yy ,r fs . ,4 ^ - � O} , t Lo 'YNy • •-,
ret
•
3 ! ' ► 4 � -- _
. ♦" +r R, ,,,1%,...' !fid /, - - 7/ --7,_, A , E
� . N cu
cm
.."" //, *t" >4.' ' (.)
M o . r ,
ice.;7...oz.Laa�.. .•.
o
C.) r +1 1
j„ co
• �: 1 I _1
1 �, I �! , N
Vim'�� .. I I U
~ C 1 .,,1 F: - t 1 r II I C
. , 'ty 01, I if, - _
E
O 10.,„ . 1
al
t. 1 S 1 4I ti: /1111 —1r 111111 0
f lu+ 1 IF
V
t1 III
!•1 •• . ®IM191®®fir as1mmismionsa®nmem
3
co
76
m
Q
/� • Mild A1:11.11030J 0-A -""-7.' 11 :
,4998 EINE?LAX II gICVA7,el ID4713 77
r c g
- AW30N0lI S3NIf11S3H03NId `��i— � a
I
1_ I
n+ iiill ii
ti
eel $ ti !y I It118 AiiII1I1. . .
ziI 11 1.1 a Iv!
e1 t e $ ! ei ,.E N I I I 11. . .
d #; ! 1 iii i 1. ill1 �1 }I Pilst Fill �ili11111I1W
w .17i it !!!I 11 @ I I 111W 4 II i, i1 I. It lie Ili! ai
�A al ;pi 8311 i►EE IN 101, I ,a' 9l9}yi 11111 • 111113
v/ 5 gli Ji�i; Iii' � A 'I�i 4 Ii �II t P ] it f{ P fff6 §_ i L1 .F �1
Qs 3 I 1 4 Si }
Pli' 1 i I 1 114 1 Mii iil' iii l'' ) 'Hill
CD
Cti
11 iit
Pi �1E1 �g
JRS Ii ° c �� Eei m
E !
'`� b Q
r.m d �w rte„' N
• f r1 N
0
i (n
• :1 j >._
mfr '1i7-76"-
1 i
to 1+It It 1i 11 E
I =a,a;S?4 � I Ilr 1i hi 11 • co
V " 1
J -Air-14i 1
3 I E rn
1. 9 m
Y
eS Ci
Cc
0 J
C iii
3 1 20
a)
H 11 I i€ d
t • ►I t rn
-e I Ch 1- I '1-_ co
_ I I I •
1
_to
'Pt-/, .-4- fI _I ( -T-
_ _— 1 •
_
111 fri1i1 )II (IIplI 1111111 -4* ,-
ii i • •
�1111•Illt -fliriI°lllliill "
iI
it J a;
;,.
lit' ..
1 i ' j
! I'' I ----- - - -#
:,'
! i
! a
U "
��,, ,, .-:4 ; .e.�
W '; 'k m
fi
I ' ....);I.: ‘. 1.,......„-, ,,,, , ...,
ai
, ,:, ,- t ''• -,.:5 /...-r -5., - ......,:,,..:;');..141/1-.. i't"."14'..1-'"-S''
.. !!
...:..,
" fnY y,i,'.,,,',,',,,_,,,'''''',.)'111 --' ' .4';7,:.r..... :' , ::::''''',::: , iii
Y '
/CeJ
COCO
La
TS
9 � �� C
t.
ti jco
3x1s a)
),:''''‘ .,* . ,..;, 4 :
!{i i
cD
0 RI
N
L.
I.- W !
C f �� F.o ) +,
Icu
cu
al
/LA\ i I / ,
J m
t ',� I- ,.r /1 ' �� : i�
V , f r r -,tom. j
qq 7 U
CO
/' ( r Vi/a N
\ y � d
r t, .-71...;
l r isit
M
CD
CO
/
0
Z w, j
Q N
V •
CO c
1 � _
t ,I' . .
• %3fes/) t k ..•`,1111 • f
, �
� a
ill
x
r
I Ji
i;, V.',rl h.-1 i 4a tri-`''
4r %t�
0
\ n
CO
11,
11 '' \ .mss s -- "� "-�•tv'
o
o
3
y �. • -
i ' \ _ (
N c
lll
N
U
CC
C
V \ � i- ii2
� E Q
.
' 1714.
:1 i .. U
\k1",‘`-/� \ U
i f tt
cE
4 a
y. / �" �` 3 a
R�,1 - > v
1 -•
:iiiiiiiiiiir
ami
of
rl J
{ s.
E y
m a)
m U
�� Q N
157.
CA
El.
Z
ICM (1 it
C1 E
Y �_ o
O
q >
O I
m
LV u
COc
Lu
E .r_. 4 N
L
7,3
a)
/ U