Contract 2018-33A - 1st Amendment to Utility Service Agreement (ARWA Investments LLC)AFTER RECORDING,
PLEASE RETURN TO:
City of Clermont
P.O. Box 120890
Clermont, FL 34711
FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT
FOR WASTEWATER
This Amendment is to that certain Agreement recorded in the Public Records of Lake County on
March 6, 2017, hereinafter "the Agreement" between the City of Clermont, hereinafter referred
to as CITY, a Florida Municipal Corporation and ARWA Investments, LLC, hereinafter referred
to as OWNER.
WITNESSETH
Whereas, OWNER and CITY entered into the Agreement related to the provision of wastewater
services and the development of real property (the "Property") as described in Exhibit `A',
attached hereto and by this reference made a part hereof, and
Whereas, OWNER has requested that the CITY provide potable water services to the Property;
and
Whereas, CITY has determined that it has capacity to provide the requested service; and
Whereas, OWNER and CITY desire to enter into this Amendment to the Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in the
Agreement and this Amendment, the parties do hereby agree as follows:
I. This first amendment to the Agreement expressly modifies the Agreement and in the
event of a conflict, the terms and conditions of this Amendment shall prevail.
II. Section 1 of the Agreement is hereby amended to provide that the CITY shall provide
potable water service to the Property and is therefore amended to read 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.
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
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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.
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 shall stay in service throughout construction. If 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 properties shall be privately owned and maintained,
but shall be constructed to City of Clermont standards.
1.10 CITY shall be responsible for the difference in cost of materials to oversize lines, if the
CITY chooses to oversize based on plans and cost estimates provided by OWNER to
CITY, and approved in advance by the CITY.
1.11 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.
1.12 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water and sewer lines and appurtenances, both on site and off site,
required to serve the Property.
1.13 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.14 This Agreement shall be voided after five ( 5) years if building permits have not been
issued and building construction has not started.
1.15 The Agreement shall be for commercial utility flow/demand for 1,400 gpd potable water
and 1, 400 gpd sewer, based on an annual average. Exceeding these amounts may, at
CITY's sole option, require a new Utility Services Agreement (gpd = gallons per day).
Provided, however, there shall be a permitted overage of up to 10%.
III. In the event of a failure to comply with the terms and conditions of this Amendment and
the Agreement, OWNERS expressly agrees and acknowledges that CITY may avail itself of any
remedy available to it at law or in contract, including, but not limited to, the suspension or
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termination of water and sewer service to the project as authorized herein.
IV. 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.
V. This Amendment shall take effect as of the date it is last signed by the parties below.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum on the
date listed below. CITY through its City Manager, authorized to execute same by City Council,
and OWNERS.
CITY OF LERMONT
ail Ash, Mayor
Date:
OWNER: A -1WA Investments, LLC
Rajab K. A
STATE OF FI
COUNTY OF
ATTEST:
Tracy Ackroyd e, City CIef�
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I HEREBY/ ERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take�/ acknowledgments, personally appeared Rajab K. Abukhadrah, as authorized
representative of ARWA Investments, LLC, who provided identification in the form of
or who is personall known to be the person described in and who
executed the foregoing, and that he a—c-E iowledged before me that he executed the same.
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Witness my hand and official seal this day of ,- ✓� , 2018.
Notary Public
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