Contract 2020-072A#2020-72-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and WBF Florida Properties V. LLC and any
successors -or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a commercial establishment Automobile
Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc. with
up to 110,000 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 in the unincorporated area of Lake County and the OWNER
is requesting water and sewer service from the CITY; and
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 upon Owner receiving a
Certificate of Occupancy from Lake County; 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.
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 - Kia, 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 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.
1.9 The utilities in the commercial property shall be privately owned and maintained, but
shall be constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
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 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.
1.15 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,
Page 2 — Kia, Utility Service Agreement for Water & Wastewater
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" 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 applicant will own and maintain of the off -site force main
from the private lift station to the existing manhole located on the east side of Magnolia
Pointe BLVD.
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.
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 Dimension Plan shown in
Exhibit "C". 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 water at 4,480 gpd and
sewer is 4,480 gpd, based on an annual average.
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 per the review
comments from received from the City on June 20, 2019 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 May 6, 2019 by
Florida Engineering Group.
Page 3 — Kia, Utility Service Agreement for Water & Wastewater
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
Section 3. 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". 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 cerftficate 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 4. 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 5. 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
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
Section B. AMENDMENTS
OWNER
WBF Florida Properties V., LLC
c/o Fuccillo Automotive Group, Inc.
10524 U.S. Rt. 11, P.O. Box 69
Adams, NY 13605
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 4 — Kia, Utility Service Agreement for Water & Wastewater
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.
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 9th day of July, 2019.
CITY OF CLERMONT
a
Gail L. Ash, Mayor
ATTEST:
Tracy Ackroyd Ho , MMC, City Clerk
Appro s t f m and Iega i
Daniel F. Mantzaris, City Attorney
Page 5 — Kia, Utility Service Agreement for Water & Wastewater
OWNI . WBF Florida Properties V., LLC
~� Title: Manager
5fgnature --
William B. Fuccillo, Jr.
Print Name
STATE OF FLORID
COUNTY OF P/Nrt L4 5
The foregoing instrument was acknowledged before me on this lql�- day of october, 2020,
SIB, by WILLIAM B. FUCCZLLO, JR. _ , who is personally known to
me or who has produced ._ _ - - — as identification and
who did not take an oath.
N:ratary Public SEAL:
eWig BERNICE R CI,ARK
Notary Public -State of Florida
Type/pnnt name Crl1V /�E (_'�C A ,. Commission #� GG 980041
My Commission Expires
rd.N' April20, 2024
Page 6 - Kia, Utility Service Agreement for Water & Wastewater
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
WBF Florida Properties V., LLC
Descri-�tion:
OR BK4989 PG 1375 PAGE 3
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD SO, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF GOVERNMENT LOT 1 WITH THE
SOUTH LINE OF STATE ROAD NO. 50 (AS PART OF RIGHT OF WAY SECTION 11070-2505) THENCE RUN
S89°45'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 590.69 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S89045'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 101.89 FEET TO A POINT OF
INTERSECTION WITH THE WEST LINE OF JOHNS LAKE PLAZA AS RECORDED IN PLAT BOOK 55, PAGES 51-
52 OF THE PUBLIC RECORDS OF SAID LAKE COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY
LINES OF SAID JOHNS LAKE PLAZA THE FOLLOWING 3 COURSES: S00°55'33"W, A DISTANCE OF 519.10
FEET; THENCE N89°31'05"W, A DISTANCE OF 33.75 FEET TO A POINT OF INTERSECTION WITH EAST LINE
OF SAID WEST 660 FEET OF GOVERNMENT LOT 1; THENCE S01°03'39"W ALONG SAID EAST LINE, A
DISTANCE OF 89.00 FEET TO THE SOUTHWEST CORNER OF SAID JOHNS LAKE PLAZA; THENCE
CONTINUING 501°03'39"W ALONG SAID EAST LINE, A DISTANCE OF 555.86 FEET; THENCE N89°36'02"W,
A DISTANCE OF 310.67 FEET; THENCE N00"27'11"E, A DISTANCE OF 825.53 FEET TO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF "PARCEL 1" AS DESCRIBED IN OFFICIAL RECORDS 2002, PAGE
2363 OF SAID PUBLIC RECORDS; THENCE ALONG THE SOUTH AND EASTERLY LINE OF SAID "PARCEL 1"
THE FOLLOWING 3 COURSES: S89°2737"E, A DISTANCE OF 221.07 FEET; THENCE N07"48'24"E, A
DISTANCE OF 233.81 FEET THENCE N02623'13"E, A DISTANCE OF 116.70 FEET TO A POINT OF
INTERSECTION WITH SAID SOUTH LINE OF STATE ROAD NO. 50 AND THE POINT OF BEGINNING.
PARCEL 1:
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S88°45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY
LINE, S89°45'41"E., 278.32 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S02°21'18"W.,
116.05 FEET, THENCE S07940'26"W., 223.86 FEET; THENCE N89°35'28"W., 246.07 FEET, THENCE
N00°24'32"E., 337.19 FEET TO THE POINT OF BEGINNING.
SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE WEST 30 FEET THEREOF.
Page 7 — Kia, Utility Service Agreement for Water & Wastewater
PARCEL 2
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S89"45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S00°24'32"W. 621.53 FEET;
THENCE N89°45'41"W., 318.79 FEETTO THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 1;
THENCE N01001'00"W., 621.58 FEET TO THE POINT OF BEGINNING.
Lake Coun' Alternate Key, Numbers:
1592356, 3309324, 3798103
Page 8 — Kia, Utility Service Agreement for Water & Wastewater
EXWBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this " day of July 2019, between WBF Florida Properties
V. 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:
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.
Page 9 — Kia, Utility Service Agreement for Water & Wastewater
PROPERTY OWNER(S):
WBF Florida Properties V. LLC
Signature
Type or print name
By:
Signature
Type or print name
STATE OF FLORIDA
COUNTY OF f 'r N E r c.R 5
WITNESSES (Two required):
Witnesses
F i �
1 � e
Type or print name
2. �'Zl 1 "XIJIL -- -
Signature
-Xf,�eve
Type or print name
The foregoing instrument was acknowledged before me on this � `� day of
October, 202Q ZW, by WILLIAM B. FUCCILLO, JR. who is
personally known to me or who has produced
as i en ' 'cation and who did not take an oath.
"""� BERNICE R CLARK
Notary Public . _ (� SEAL: �k"
Notary Public -State of Fior, ci9;�
•� If Commission # GG 98004' f
Type/print name
My Commission Expires
rjrzn,'J� ,� - :ra�r� April 20. 2024
Pursuant to Section 695.2 )(P: this instrument exempt from Chapter 695, F.&,; Prepared by a Public Officer City Attorney, City
of Clermont, Florida 34712
Rage 10 — Kia, Utility Service Agreement for Water & Wastewater
EXHIBIT INCIP
DIMENSION PLAN
WBF Florida Properties V. LLC (Fuccillo Kia of Clermont) - Master Site Plan:
§
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Page 11 — Kia, Utility Service Agreement for Water & Wastewater
EXHIBIT "D„
LOCATION MAP
WBF Florida Properties V. LLC (Fuccillo Kla of Clermont)
Aerial view:
Page 12 - Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT#: 2020125476 OR BK 5578 PG 1572 PAGES: 12 11/6/2020 4:41:27 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $103.50
#2020-72-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and WBF Florida Properties V. LLC and any
-- successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a commercial establishment Automobile
Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc. with
up to 110,000 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 in the unincorporated area of Lake County and the OWNER
is requesting water and sewer service from the CITY; and
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 upon Owner receiving a
Certificate of Occupancy from Lake County; 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:
k2glon 1. OFF -SITE WATERISEWER — 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.
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 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1573 PAGE 2 of 12
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 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'
expense.
1.9 The utilities in the commercial property shall be privately owned and maintained, but
shall be constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
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 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.
1.15 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,
Page 2 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1574 PAGE 3 of 12
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" 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 applicant will own and maintain of the off -site force main
from the private lift station to the existing manhole located on the east side of Magnolia
Pointe BLVD.
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.
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 Dimension Plan shown in
Exhibit "C". 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 water at 4,480 gpd and
sewer is 4,480 gpd, based on an annual average.
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 per the review
comments from received from the City on June 20, 2019 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 May 6, 2019 by
Florida Engineering Group.
Page 3 — Kia, Utility Servicee Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1575 PAGE 4 of 12
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
action 3. 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". 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.
ledion 4. 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 S. NOTICES
All notioes, 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:
i
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
ion B. AMENDMENTS
OWNER
WBF Florida Properties V., LLC
Go Fuccillo Automotive Group, Inc.
10524 U.S. Rt. 11, P.O. Box 69
Adams, NY 13605
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 4— Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1576 PAGE 5 of 12
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.
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 9th day of July, 2019.
CITY OF CLERMONT
j r,I�/
ten ./
ATTEST:
Tracy Ackroyd Ho , MMC, City Clerk
Appro t f m and legs t
Daniel F. Mantzaris, City Attorney
Page 5 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1577 PAGE 6 of 12
OWNER; WBF Florida Properties V., LLC
i� Title: Manager
Signaflxle
William B. Fuccillo, Jr.
Print Name
STATE OF FLORIDA
COUNTY OF P11VL r} 5
The foregoing instrument was acknowledged before me on this / fit- day of october�, 2020,
RW, by WILLI.AM B. FUCCILLo, JR. A who is personally known to
me or who has produced _ .— as identWication and
who did not take an oath.
Notary Public-,l ����� ` &,j SEAL: 44 ,,,, BERNICE R CLARK
j� ' Noteq Public -State of Florida
Type/print name '✓C_XV / E C:C A E .' Commission 4 GG 980041
_5 My Commission Expires
April 20, 2024
Page 6 - Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1578 PAGE 7 of 12
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
WBF Florida Properties V., LLC
Description:
OR BK4989 PG 1375 PAGE 3
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING ATTHE POINT OF INTERSECTION OFTHE WEST LINE OF GOVERNMENT LOT 1 WITH THE
SOUTH LINE OF STATE ROAD NO. 50 (AS PART OF RIGHT OF WAY SECTION 11070-2505) THENCE RUN
S89645'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 590.69 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S89'45'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 101.89 FEET TO A POINT OF
INTERSECTION WITH THE WEST LINE OF JOHNS LAKE PLAZA AS RECORDED IN PLAT BOOK 55, PAGES 51-
52 OF THE PUBLIC RECORDS OF SAID LAKE COUNTY, THENCE ALONG THE WESTERLY AND SOUTHERLY
LINES OF SAID JOHNS LAKE PLAZA THE FOLLOWING 3 COURSES: S00955'33"W, A DISTANCE OF 519.10
FEET; THENCE N89'31'05"W, A DISTANCE OF 33.75 FEET TO A POINT OF INTERSECTION WITH EAST LINE
OF SAID WEST 660 FEET OF GOVERNMENT LOT 1; THENCE S01'0339"W ALONG SAID EAST LINE, A
DISTANCE OF 89.00 FEETTO THE SOUTHWEST CORNER OF SAID JOHNS LAKE PLAZA; THENCE
CONTINUING S01'03'39"W ALONG SAID EAST LINE, A DISTANCE OF 555.86 FEET; THENCE N89'36'02"W,
A DISTANCE OF 310.67 FEET; THENCE N00'27'11"E, A DISTANCE OF 825.S3 FEETTO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF "PARCEL 1" AS DESCRIBED IN OFFICIAL RECORDS 2002, PAGE
2363 OF SAID PUBLIC RECORDS; THENCE ALONG THE SOUTH AND EASTERLY LINE OF SAID "PARCEL 1"
THE FOLLOWING 3 COURSES: S89'27'37"E, A DISTANCE OF 221.07 FEET; THENCE N07'48'24"E, A
DISTANCE OF 233.82 FEET THENCE N02023'13"E, A DISTANCE OF 116.70 FEET TO A POINT OF
INTERSECTION WITH SAID SOUTH LINE OF STATE ROAD NO. 50 AND THE POINT OF BEGINNING.
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY UNE OF STATE ROAD SO, THENCE S88°45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY
LINE, S89'45'41"E., 278.32 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S02'21'18"W.,
116.05 FEET, THENCE S07940'26"W., 223.86 FEET, THENCE N89035128"W., 246.07 FEET, THENCE
NOO'24'32"E., 337.19 FEET TO THE POINT OF BEGINNING.
SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE WEST 30 FEET THEREOF.
Page 7 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1579 PAGE 8 of 12
PARCEL2
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S89'45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S00°24'32"W. 621.53 FEET;
THENCE N89'45'41"W., 318.79 FEET TO THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 1;
THENCE N01001'00"W., 621.58 FEET TO THE POINT OF BEGINNING.
Lake County Afternate Key Numbers:
1592356, 3309324, 3798103
Page 8 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1580 PAGE 9 of 12
EXhIIBIT'B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 9th day of July 2019, between WBF Florida Properties
V. LLC, property owners in the County of Lake, State of Florida Grantor*, and the CITY
OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*:
VVITNESSETH, 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 'W
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 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1581 PAGE 10 of 12
PROPERTY OWNER(S):
WBF Florida Properties V. LLC
By: -
Signature
Maim -B
Type or print name
By:
Signature
Type or print name
STATE OF FLORIDA
COUNTY OF f "NEu.AS
WITNESSES (Two required):
Witnesses / r�
f 1 jl
}
� signature
Type or print name
2., 6b 1A , ,
Signature
xf=,av�—:
Type or print name
The foregoing instrument was acknowledged before me on this ` day of
October, 2020, ZW, by WILLIAM B. FUCCILLO, JR. _ .. who is
personally known to me or who has produced
as identification and who dial not take an oath.
SEAL: �,.��,,,,,.,, BERNICE R CIARK
Notary Public Notary Public -State of Fion(ij�
}�: commission 0 GG 98004 f
My Commission Expires;
Type/print name Ectkl ! E Q - _ '« April 20, 20?4
Pursuant tD Section 695,V)(f): this instrument exempt from ChapDer 695, F.S.,; Prepared by a Public Officer, City Attorney, City
of Clermont, Florida 34712
Page 10 — Kia, Utility Service Agreement for Water 8 Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1582
PAGE 11 of 12
EXHIBIT "C"
DIMENSION PLAN
WBF Florida Properties V. LLC (Fuccillo Kia of Clermont) - Master Site Plan:
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Page 11 — Kia, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1583 PAGE 12 of 12
EXHIBIT "D"
LOCATION MAP
WBF Florida Properties V. LLC (Fuccillo Kia of Clermont)
Aerial view:
Page 12 — Kia, Utility Service Agreement for Water & Wastewater