2002-13
, P:r:;ep'ared by & Return to :11.
Teresa Studdard, City of ermont
P.O. Box 120219, Clermont, FL 34712
. ~\o¡IDY
,~mOOU~U~moou~moomoomOOmOOmOOI~
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CFN 2002066111
Bk 02132 Pgs 2022 - 2032; (11pgs)
DATE: 06/21/2002 03:24:43 PM
JAMES C. WATKINS, CLERK OF COURT
lAXE COUNfY
CITY OF CLERMONT AND THE nONALD:lß:líBiBRf.TRtIDST
fRUgr FUND 6.00
AGREEMENT
BETWEEN
This document constitutes an agreement between the City of Clermont, a municipality
of the State of Florida, hereinafter referred to as "City" and the Donald Guber Trust,
hereinafter refelTed to as the "Trust".
WITNESSETH
\-YHEREAS, the Trust purchased property in unincorporated Lake County known as
the Verde Ridge Planned Unit Development ("Verde Ridge"). See Exhibit "A" for legal
description; and,
WHEREAS, the Verde Ridge project was approved by the Lake County Board of
County Commissioners on May 15, 1990, pursuant to Planned Unit Development (POD)
Ordinance #8-90, as a single family residential development; and,
WHEREAS, approved PUD Ordinance #8-90 provided for the development of
single-family residential units and that the public utilities to serve the development consisted
of a central water system with individual septic tanks; and,
.
WHEREAS, the Trust may desire to modify said development plan and anticipates
that the development will contain five hundred (500) single-family residential units; and,
\-VHEREAS, the City has established a water and wastewater district pursuant to the
tenns of Chapter 180, Florida Statutes ("Water and Sewer District"); and,
WHEREAS, the City has developed a utility system to serve an area east (the Efl"t
District) of the existing City limits, which area includes Verde Ridge, and to that end has
purchased the sites designalt:d for use as water and wastewater facilities and has constructed
the necessary facilities to serve Verde Ridge and the projected growth and development in
the East District; and,
WHEREAS, the Trust will contribute to the construction of City infrastructure
envisioned in the City's master utility plan thereby reducing the burden on City funds to
construct those City utility systems envisioned in the master plan; and,
WHEREAS, the Trust wishes to utilize the City's water and wastewater facilities to
serve its development of approximately 500 single-family homes; and,
WHEREAS, it is the desire of the City ofClennont to annex the Verde Ridge project
when conditions allow.
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\\Alrnc_serverIKalhyldjc',\Crde ridge' Verde Ridge Agreel11clI! 4,doe
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OR . 02132
PAGE 2023
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NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants hereinafter contained, the parties do hereby agree as follows:
SECTION I. RECITALS
The above recitals are true and COITect and incorporated herein.
SECTION II. SEWER SERVICE
A. Clernlont desires to serve the propel1y known as Verde Ridge with central
sewer service from its plant located east of S. Hancock Road and south of Highway 50 in the
City's East District. The City of Clernlont commits to have available for use by the Trust
150,000 GPD (500 ERüs) on or before December 31, 2002. At the time the Trust improves
Verde Ridge, the Trust agrees to run a pve sewer line (except under pavement as specified
by City Engineer) along a mapped corridor which has been approved by the City as shown on
Exhibit "B." The size of the lines to be installed along the corridor will be adequate to
handle the Verde Ridge development, as well as future development, as such development
will be depicted on land use maps prepared and agreed upon by the City and the Trust.
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B. Clermont agrees to expand the wastewater plant capacity (both treatment and
disposal) at the point in time that would provide for unintelTupted capacity for the Verde
Ridge Development and to continue expeditiously to complete said expansion if and as
necessary. City will proceed diligently to pursue the pernlits in advance of the projected
Verde Ridge needs in order to serve the site. Both parties acknowledge that the City, while
diligently pursuing said expansion, will not be held responsible for the actions or inactions of
pemlitting government agencies such as the Florida Department of Environmental Protection
("FDEP"). The Trust will be copied by the City on all FDEP pennits processed by City for
the wastewater plant or any other pernlits or approvals obtained by the City related to the
construction and operation of the wastewater plant.
C. The Trust will receive reimbursement for its oversizing of the necessary pipe
capacity in the following manner. The Trust will design and obtain construction bids for
both the line and Ii f1: station configuration needed to service (1) only the Verde Ridge project
(consistent with the City minimum line size requirement of 8", and design subject to final
review and approval by City), and (2) the regional system outlined as mapped and described
above on Exhibit "B." The cost recovery or amount to be paid to the Trust will be calculated
in the following manner. The cost recovery will be the difference between the cost of the
two construction bids and reimbursement will be handled in the following manner dependent
upon geographic location of the lines as installed.
North of Highway 50 - Reimbursement will be handled through a processing
agreement whereby, the City collects connection charges from contributing area users and
reimburses the Trust as the funds are received by the City, up to the point at which 100% of
the cost differential has been paid by the City to the Trust.
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OR . 02132
PAGE 2024
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South of Highway 50 -- Reimbursement will be made in the fol111 of sewer connection
impact fee credits to the Trust by the City. The impact fee credits to be given by the City to
the Trust will be handled in accordance with standard City policy on the award of impact fee
credits and the City will establish an impact fee credit amount for such purpose.
D. City acknowledges and has no objection that the Trust may enter into a third
party agreement with property owners serviced by the utility line envisioned in this
Agreement enabling them to share the developer utility line installation core costs contained
herein.
E. City will attempt to acquire the easements required to the extent needed to
facilitate the installation of the lines anticipated in the Agreement; provided specifically,
however, that should City not be able to acquire the necessary easements at no cost to City,
then City should be relieved of its obligations regarding sewer service pertinent to this
Section II, until such time as suitable easements can be secured.
SECTION HI. WATER SERVICE
A. The City of Clermont commits to have available for the exclusive use by the
Trust of 175,000 GPD (500 ERUs) on or before December 31,2002.
.
B. The water line will be designed and installed by the Trust, at the time the
Trust improves Verde Ridge, along a mapped corridor which has been approved by the City,
as shown on Exhibit "c." The Trust will design the ductile iron water line system that would
be needed to service only the Verde Ridge development (consistent with the City's minimum
line size requirement of 6" and minimum flow requirements) along the designated corridor
and obtain construction bids for the work. The Trust will also design the full 16-inch ductile
iron line and obtain a construction bid for the line needed to service the regional system as
shown on Exhibit "C." Reimbursement for the oversizing of the water line to benefit
development, in addition to Verde Ridge, will be in the fonTI of water utility impact fee
(connection fee) credits to the Trust for the difference in the cost of the two designs. The
impact fee credits to be given by the City to the Trust will be handled in accordance wiih
standard City policy on the award of impact fee credits and the City will establish an impact
fee credit account for such purpose.
C. City acknowledges and has no objection that the Trust may enter into a third
party agreement with property owners serviced by the utility line envisioned in this
Agreement enabling them to share the developer utility line installation core costs contained
herein.
D. City will attempt to acquire the easements required to the extent needed to
facilitate the installation of the lines anticipated in the Agreement; provided specifically,
however, that should City not be able to acquire the necessary easements at no cost to City,
then City should be relieved of its obligations regarding water service pertinent to this
Section III, until such time as suitable easements can be secured.
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OR. 02132
PAGE 2025
SECTION IV. RATES
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The per gallon charge for water and sewer service to the Trust by Clermont shall not
exceed the charges which are uniformly imposed in the areas which are already annexed into
Clermont and served by the City's existing utility system.
SECTION V.
SERVICES
GENERAL PROVISIONS REGARDING WATER AND SEWER
It is the intent of the parties that the Trust will have available ongoing water and
sewer services, so that the Trust may build homes starting December 31, 2002. If water and
sewer service are not available by December 31, 2002 for any reason, then the City will
assign water and sewer capacity from its facilities sufficient to provide 100 ERUs of water
service, provided that the City has received their Consumptive Use Pemlit, and sewer
capacity thereby allowing the development to proceed while the City works to remedy any
further capacity deficiency.
SECTION VI. REUSE
No reuse or reclaimed water is available now nor is its provision contemplated to the
Verde Ridge development under this Agreement. If at the time of the commencement of
initial construction of the City utilities by the Trust, reuse is a condition imposed upon the
City in the City's Consumptive Use Permit (CUP) by the St. Johns River Water Management
District, then reuse shall be required of Verde Ridge.
.
SECTION VII. ANNEXATION
Trust agrees to file for a voluntary annexation of the Verde Ridge development, at its
cost, when the property becomes contiguous to the municipal boundaries of the City and is
therefore eligible for annexation. All land transfers will contain a deed restriction stating the
requirement to annex as required above. It will be recorded at Trust expense and is a
covenant that runs with the land. Lake County laws/venue apply. As a result of this
Agreement, Trust shall be charged water and sewer rates consistent with charges inside the
City limits for customers served by the same system referred to as the City's East Utility
System ("CUS"), both prior to and after annexation.
SECTION VIII. MUTUAL INTENT
This Agreement is a binding contract between the parties and any temlS which deal
with the annexation of the Verde Ridge property shall be included in a fonTIal annexation
agreement.
REMAINDER OF PAGE INTENTIONALLY BLANK
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°W°l< 02132
PAGE 2026
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. Clermont through its City Council,
Aißning by and through its Mayor, authorized to execute same by City Council action on the
~dayof~~ ,2002, and ,
duly authorized to execute same.
CITY OF CLERMONT
BY~~J
. AROLD TURVJLLE, MAYOR
rlpeu.o., q I '2.0 0 Z-
DATE:
ATTEST:
B~~~
, C (TY CLERK
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DATE: :$ /10/0 "-
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OR. 02132
PAGE 2027
STATE OF FLORIDA
COUNTY OF 01. 4N6-~
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The foregoing instrument was acknowledged before me this 10 + ~ day of
~ 14 '1 , 2002, by DONALD GURER, TRUSTEE, DONALD GUBER
TRUST on behalf of the Trust. He is personally known to me or who has produced
as identification and did (did not) take an oath.
~ S. ß~r
Notary Public Signature
My Commission Expires:
I/-:J,.O-OJ.;
~> Vema F Legg
*~,*My CommisSion CC782317
\;..~ Expires November 20. 2002
-~,e¡J,( r. L€b-~
Printed Name of Notary Public
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OR 8'< 02132
PAGE 2028
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~~XIllßIT "A"
J'_Al!gU,_~
Al] of Tracts 46, 50, 5,1 ond,62, tllø North ¡/2 of Tract ,63, '~nd' thoso po'rtions
of Tractø 35 and 47 lying'South of the Florida Turnpike (Su'nshine State
Parkway), all of s/!!d Tra<:ts of, thA PInt of 1.IIKE HIGHLAND COMPANY ac'c,:ord!ng to
the plot thereof as recorded,!n Pillt Book 3, PRle 52 of the PubUc 'R,acorda ,of
Lnka County"Flor!rla.,
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And
That port of the Northwest 1/4 of the Northòost ,1/4 of hetion" ~2, Townlhip 22 ,
South, Range 26 ElIRt, lying North of Old Hil\hway 50.
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And
All of Tracta 39, 43, 44 and 53, and, thou port!onl, o,f' Tractl 42,' 54.. ,55" 59
and 60 lying North of Old Highway 50, all of sa!d Tracts of the ,Plat,'of ,LAKE
, IlIGULAND COMPANY according to the pInt thAnof as recorded ~n' 'Plat Book,3,
Page 5~ of the Puhlic Records of LakA County, Florida. ' ' ,
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Tract 52 of the Plat of LAKE HrGHr.AND COMPANY according to t,he plat thanaf as
,recorded in Plat Dook 3, 'Page ,52, of the Public' Re,cards of" Lake :Coun~y,
Florida, And that portion ,of Tract 61,of the aforesaid Pla~ o,f'Lake High,land'
'~ompany lyi,ng No,rth of Old Highway 50.
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Tract 45 of:tho Plat of'LAKE HIGHLAND COMPANY ~ccord!ni to the plat,thareaf a~
, recordad in Plat Dook 3i Page 52 of tho Public ~acard~ of Lake County, Flo~ida
PARc!".r. D
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"hnt part of Tract' 4'8 of the plat of LAKE ,H.IGHLAND COMPANY acêo'rding :'to the
',plat thereof as recorded in Plat Book 3, Page' 52 of'the Public Re~ord8~Df:Lake
'County', norida, lying Sol1thwest of the Flori~a Turnpike (Sunih!ne State
, Parkway). ' , ' '"
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A11 of Tracts 27, 37 and 38, p'ort:lons of Tracts llA, 12A.':2l, 28: '2'9;"~~A,~nd
36 'lying WIISt of Florida Stllto Turnpike anti the Wast 'one-half of, Tract 35
lying Wast of Florida Stato Turnpike,' all oC laid Tracts of' the PIat of, LAKE
HIGHLANDS COMPANY HAP 'OF' Section 15, Towm¡hip 22 South, Range 26' East, as'
'recodied in Plat Book 3, Page 52 of tho' ~ublic, Records' of ,Lake,' County,
,':,Flodda. ' " ".' , ",.,..,,'
cr.AY PIT DESCRIPfroN
:-' :
All that part of the fo11ololing ducribed ¡and lyins:South of 'the,',risht-oi-~ay
of F]orida's"'urnpike (Sunshino StlltØ Parkway): Beginning 'at 'a point.on.the
mid-soct~on line 1105.75 feet South of, the North one-h"lf-:mi1'e,' çorner òf
Søction IS" Township 22 South, Range 26, Rast, Lake, County;, Flor:ida' C?n the
Southerly 11ne of the, abandoned right-of-way of the former Tay'aros' and' Gulf
, Railroad, run Westerly Gloni saiti Sou~herly lin~ a d~st~nce of:J,37~ fe~t to'
, the west line of,' Tract ll-A according to \!he' plat: of, Lakl\ Highlandis a
suhdivlsion in sald Sactlon 15 ns recordød ,1,n Plat Book ,3; 'Page:'H: ~ublrc
'Records of Lake County, Florida" thonce South 4l..26 , feet. ,thenc~ Ea.sterly
para lIel to said Southerly line of abandoned right-of,-w,ay '1.342,.21, fellt . to' a
point which is 20.00 feet west of the mid-section line, tllenca South,782;76,
feat, thAnce West 295.15 feet, thence So'!th 295.25 feat,., ,the'nc8 'E¡¡st~:315;15,
feet to the mid-section line, thonce North along th& mid-aec~io~ ~1ne 1.l~0.J5
hettothePointofBeginn~ng., ' ",,' . ,,:,.:',:,-,,:."
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"AJ,L OF TIlE AFORESAID PARCELS A ".HROUGH E AND..Cr,AY 'PIT ALSO, ~~ING:,HORE
PARTICULfRLY DESCRIDED AS FO,f,LOWS: ' " , . <~
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OR & 02132
PAGE 2029
A portion of LAKE JlIGIII.^ND5 COHPhNY' NAP, OF SECT(O!,/ ,¡5" '" "
TOWN511IP 22 SOUTH, RANGE 26 EMiT, r.\C:ordod'in Plat Bool<. 3" ",",
rAge 52 of tho Public ~ocords of Lnkn County And a portion' ':'
of the Northw8st 1/4 of the NorthoAst 1/4 öf Section ~2, ' ,','
Township 22 South, ,RnnA" ~6 EOII!:, I.o,kn Coun,ty, , Floride,
"describedoa',follo!"s:, : ' '
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Co~mence ot' the 'Southust cornnr of s.ection '15;, Township, .. ,
22 South, Range 2§ F'.IIßt, Lllkp, County, Florida and r,un
,N 89°17'37" II' ol~ng the So»th ,linn of tho Southe~s~'1/4 of ,
,said Section 15 for II, ~.istonc(l of 1319.39',feet',to,the',' ",
Southwut cornet o'f' tho TrAct 63 of said LAKE, HIGIILANDS " ,
COMPANY' and, the' POINT OF BEGINNING¡, ,the'nce run', ;,,'
N 00°25'42" E along'the, Wu't line, of said Tract' 63 lor a:' '
distance of 331.09 fRet; thRnce run ,5 89°211 ?411 E' '~loÌ1g ,: ,:' ','
'tho'South line of the North 1/2 of said ,Tract 63'-:for.. a "',"',
dhtanc~ of 659.47, het¡ thr.nr:ø .run, H 00°2312611 E alo,l;g '" ,
the East line of Bold Tract 63 and, the, east lin~ of Trac~'
50 said LAKE HIGIILAHDS COMPANY for a dista'nce of 99S;4~'
feot to the' Horthoos t, corner thereof ¡ thence' run
S 89°32'46" E olong tho South line, of Tract 4,8 of. s~id '
LAKE HIGHLANDS COMPANY for a distance of 67.95 fe~t to the
Westorly Right-of-Woy line of the Florida"Turnpil<.e¡' thence '" ,',
run the following 11 courses 0 long sold Westerly Rlfht-, ,: ," ':,' , ,
of-Woy linel 1) N 46°36'3211 W, 556.71 feet;: 2) S 43°23'28!I"":::",',,
W, 20.00 foeti 3) 'N 46~361321 '11, 1752',93, feet; ',~) " : ,!
N 43°23128" 'E, 20,00 feet¡ 5) N 46°3613211 W" '161.~1 ,!eet' '
to s, po tnt on II curv'e' concave Northusterly' hav ing a
rsdius of 5879.58' foet, a central'angle,of 05,°15'1211 and' a' '
chord beuing of N 44,°03'0611 Wi 6) 'thence', iu'n, ':' ';'
Northwuterly along the arc of said curve for' a, ~istance \
of 539.09 fut to a point of non-tangencYi" 7): thence " " ',' .
S 89°58'11" W" 13.32 hot to 0 point on:a curve, concave : ",""
Northeuterly hoving 1\ udius of 5889,58 feet, II central' ',,;:.',
angle of 02°01'37" and n chord bøåring,of N 40°19'33" Wi" "":""
8) thence' run Northweøt'Rrly along" the arc of, øaid" curve', ' ,", ,:.- :
'for a distance of 208,35 feet to lI,point of noh-t'ang'ency; ,,'\,""
9)' thence run NSO041116"E rodilll,to add curve for a:'...:'"
distance of 10.00 feet to /I point -on a ,curve ,concave ,.' ';'
Northøosterly ,having a rodius of 58~9:58 feet" a central' ,
angle of 03°36'22.11, end a chord bearing of,'N 37°30'J311'W; ",.":':'",'
1'0) thence run' Northwesterly along the' arc,'of said cu'rve', ::"'. "',;.' ,
for a distance ,of 370,05 feet,to a point of,'nori,-tangency;" .".' ,',"
ll),thllnce run N 3S037'32.",W for a distance of 208.2S.-feilt ,:,t,:;' ':'
to, a point oil' the Sou,ther ly' IÙg"t-of-Way 'line of ,">":~,,! '
Blackstill LAke Roodi thence run S ~~oS2',28" W. along, s'aid' ,\,:~i:.',;~':;:'
Right-of~Way line for" II distance of 40. 79:-',feet' to the' "'::~;:::' '.".
'point of curvature of a curve concave Nprtherly having oOa' ,'> ", :
radius of 1205.92 feet and a cantrol angle 'of' i4°,OOI00!1 ,',~'<,,'::I
thonce'run Wutørly alona tha orc of uid 'curve' and'Boid' ""'::~"';:'
Right-of-Way line for a distonce of '294;6{ f !et';"thence, '..,( :,~'ii'-
run, N ,78°07'32" W II10ng '"åid, Ri8ht-of~W8Y' :11nø, fo,r .. ,,;)':~:<.~;,:,'
distance of 98.80 feet to tho point 'of curvature' of a : ';:'01':.1..',
curVe concave SoJJtharly having a radius of' 1,085.92' feet,' ':';.\V';:i,' , '
and /I central angle of 13°10'49"j thence, ru,n' W,e'ste~ly', '.,:,:,'.\i'.¡,
along tþe IIrc of said C\lrve end /lAid ,Right-of-Way line for ...,\,'AL\.',
a distance of 2.49.00 feet to a point of non-tangencYj"\,~:{.:"",,
tþence leaving' soid, Right-~f-Woy ~ine run S"00031'l¡7~" II' ':!'.'~;;{~Ù,!:,::':..' .
along the West' line of Tract 11^ Raid LAKE HIGHLANDS, ":.:~;I:",:,,,;
, " "r:¡. ,,",
COMPANY and its Southerly prolol1gation' J:heråof .~,or a,' ;,";~/1!{') ,
diBtonce' of, 69.96 feet, to" ,A rø!erencl!, Point II~"", ,B,a,id ' ':~~')"',(:
point baing on' tho Woeterly Right-of-Way line'of a platted' <i(:.;,,~ ",.
un-named road 18, shown 'on said Plot' of LAKE HIGHLANDS' ':;:":¡,::,",.:,,
: COMPANY; thence run Southeosterly, 'Southorly" end Westerly : ':;'<,,::',~,
,along aaid Westerly Right~of.Woy line for a "distance, of .. ;:;' . '"
2.760 feet more or lel~ to I, po~nt, on' the' Northeri'y ", ,:;. ~,
prolongation, of the West Una' of Tract '3~, of Bald LAKE :':":":'"
HIG,/lLhNDS ,COHPANY, said point lying, S 25°40'00" ,W' a' ',,;:,,';::"'0' ,
distance, of 1550.43' 'feet from the aforesaid 'Relerencå', : "'..', ""::,
PÇlint IIA"; thenc,! run S 00052'2S"'W IIlong,the'lr'est Hne'of"'~:.;";,:~:,:"."',,:
,said Tract 3~ and sald ~ortherly prolong8tion"~nC:l the' WII8t~:,:" ;'::":':',:; ,
line of 'Tra,ct 42 Çlf said L^~E HIGHLANDS ,C(jH~~NY.' fór 8 ,',:,/:,~,;:~~::> I
distance of 1221. 48 feAt to tho Northerly Right-of-Way" .,' '.. ";',',: , '
Hne of Old Highway SO; thancI run the follow1ng 8 co~rses.' ,,;,,:;,..:,0"\"
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OR. 02132
PAGE 2030
along said Northerly Right-of-Way .iine: 1) S' 61°23127',i, E,
611.30 feat to the point of. c,lIrvB~ure'~f B curve' concave "",:,:,:;,:
So~thwesterly ,havini '8 radius of 1133.00' f~e~~ and, a'
CAntra 1 angle' of' 14°54' 34"; 2) thence run' SoutheAsterly' : ':
along ~he' arc 6f sAid curve for 0 dist~nce of,294.8~ Ceet; ~ ':::' '
,3) thence S46°2"8'53" F., 234.9.1 'feet..t~, the point, of.',',' ,"
. curvatur'e of a'cu'rve col1cnve Nor!:holulter1y"having a 'radiu's' ",'.." '
of 792.00 feet and B central anglo of 18°34'42"j, 4) thel)ce
, 'run, Southeasterly, Blong ,the arc of said.'. curve for 's'
, distance of 256.81 feet; 5) thp..nce S 65°03"35" E,: '701.89
'feet, to the point of a curve concove'Southwé'st8t;~y:' håving
a radius of, 1883.00 feat. and,a cel1torll1,'angle,of. 12°041,39"; ...-",
6) thence run' Southeasterly 'along the arc of said, curve ','"" "
for,a distance of 396.92 feet; '7) thence Š S2°S81~6" E, ,,::"
752.07 feet to'the poirit of Cllrvlltu,re ,of a curve ,concave"
Northeasterly having a radius of 1167.00 feet, an¿ a ' "
central angle of 29°15'34"; 8) thonc~S'outheasterly"a¡'ong:' ,:'::,:,','
the arc of said curvP",!or a distance of 595.95 fe~t to the. .'
East line' of the Northwest, 1/4 of the 'Northeast 1/4' of' ;'" "
,Section 22, Township 22' South I Range 26 Eas,t; thence' run' .. '0'
N 01°20'57" E, along'soid East Hne for.a' distance of,.."',.':
538.98 !eet to the, POINT OF,ßWINNING., ' ',' "",,"~>';,><:
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Client Information
-
Name: Jim Fant
Emerald Development, Ltd.
401 West Colonial Drive, Suite 7
Orlando, Florida 32804
Phone: 407-425-8276
Site Information
A.
Tax Parcel Identification Number(s):
22-22-26-000100000400 09-22-26-030003900000
09-22-26-030011AOOOOO 09-22-26-030005200000
09-22-26-030002100000 09-22-26-030006100000
09-22-26-030004500000 15-22-26-000200002600
B.
Owner(s) of Record/Address:
.
Donald and Ann Guber, Trustees
145 Oakleigh Lane
Maitland, Florida 32751
Phone: 407-628-9703
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.DONALD W. MciNTOSH
ASSOCIATES, INC.
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CIVIL ENGINEERS
LANO PLANNERS
SURVEYORS
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2200 Park Ave, North
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Winter Park. FL
32788-2355
Fax 407-644-8318
.
407-644-4068
http://www,dwma.com
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August 7,2002
Ms. Teresa Studdard
Deputy City Clerk
City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
Re:
Verde Ridge
Dear Teresa:
On May 24, 2002, pursuant to your request, we faxed you a list identifying the Lake County
tax parcel identification numbers assigned to the parcels comprising the Verde Ridge POD.
While reviewing our project files, I noticed that one of the identification numbers (15-22-26-
000200002600) was inadvertently omitted from the list. It was our intention that this parcel
also be serviced by the City of Clermont East District Utilities. Enclosed please find a
revised list of parcel numbers that includes the previously omitted parcel. I apologize for the
error and any inconvenience it may have caused. Please call if we may be of further
assistance or with any questions you may have regarding this matter.
Sincerely,
DONALD W. McINTOSH ASSOCIATES, INC.
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Patrick E. Nile
Researcher
/pen
C:
DWM, Jr.
File
F:\Proj99\99 I 82\ENGadmin\C\ECO54,doc
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FIRST AMENDMENT TO WATER AND WASTEWATER AGREEMENT BETWEEN
DONALD GRUBER TRUST AND CITY OF CLERMONT
This Amendment is by and between THE CITY CLERMONT, FLORIDA, hereinafter
referred to as "City" and DONALD GRUBER TRUST, hereinafter referred to as "Trust" and is to
that certain agreement, hereinafter referred to as "the Agreement", between City and Trust dated
May 10, 2002. The Parties, in exchange for the mutual covenants contained herein and in the
Agreement,agree as follows:
1. This Amendment expressly modifies the Agreement and in the event of a conflict,
the terms and conditions of this Amendment shall prevail.
2. City does hereby grant to Trust the conditional right to temporarily connect to the
City's Wastewater System at Highway 50. The connection granted herein shall be subject to the
following conditions:
a. The location, plans and method of connection shall be subject to prior
approval of City acting in its sole discretion;
b. The connection right granted herein is limited to and shall only be applicable
to Phase One of the project known as Verde Ridge as identified in the approved Lake County
Subdivision Plans and in no event shall it exceed service to 190 units;
c. The temporary connection right provided for herein shall be limited to a
maximum of two (2) years from the date of substantial completion of the temporary connection,
whereupon it will automatically expire.
d. Notwithstanding anything herein to the contrary, Trust shall remain
obligated to complete the agreed-upon connection to the City's east side plant, east of S. Hancock
Road and south of Highway 50 as set forth and agreed upon in the Agreement. The connection of
Phase One of the project known as Verde Ridge to City's east side plant shall be completed on or
before the expiration of two years from the date the temporary connection is substantially
completed.
e. In no event shall any unit, improvement or portion of Phase Two of the
project known as Verde Ridge be connected in any manner to the City's east side plant or through
the temporary connection until Phase One of the project has been fully connected to the City's east
side plant.
f. Any and all costs associated with the temporary connection, including and
disconnect costs,shall be the responsibility of Trust.
1
h. Trust, on behalf of itself, its beneficiaries, heirs, assigns and grantees, does
hereby agree to indemnify and hold harmless the City of Clermont,its City Council,employees and
agents, from claims and damages of any kind,including attorney fees,whether actual or threatened,
resulting from the temporary connection to the City's system as contemplated herein.
3. In the event that litigation arises out of, or is threatened as a result of an alleged
breach of the terms of this Addendum or the Agreement, the prevailing party shall be entitled to
recover from the breaching party, its reasonable costs and attorney fees at all levels including
appeal.
4. All other terms and conditions set forth in the Agreement shall remain in full force
and effect and unchanged as agreed to by the parties.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement for
the purposes herein expressed on the dates set forth below.
CITY OF CLERMONT DONALD GUBER TRUST
By .____,f_41._..--$11111P By
Harold Turville,Mayor Donald Guber,Trustee
Date: Date:
ATTEST:
Witness Signature
By
Tracy Ackroyd,City Clerk Printed Name of Witness
Witness Signature
Printed Name of Witness
2