2003-36
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UTILITY IMP ACT FEE AGREEMENT
REGARDING AN ALTERNATIVE UTILITY IMPACT FEE CALCULATION
Thjs is a UTILITY IMP ACT FEE AGREEMENT regarding an ALTERNATNE
UTILITY IMP ACT FEE CALCULATION between City of Clermont, Florida, hereinafter
referred to as the "City", and Senninger Irrigation, hereinafter referred to as the "Owner".
WITNESSETH
WHEREAS, the Owner has submitted, as authorized under the City of Clermont Code, an
alternative Utility Impact Fee calculation for the following proposed development or phase.
thereof: Senninger Irrigation;
WHEREAS, the legal description of the Senninger Irrigation is set forth at Appendix "A"
attached hereto;
WHEREAS, as allowed by City Code, the Owner submitted the alternative Utility Impact
Fee calculation to the City for the proposed development or phase thereof;
. WHEREAS, the Owner calculated the alternative Utility Impact Fee as provided for by
the City Code;
WHEREAS, the City has conditionally accepted the Owner's alternative Utility Impact
Fee calculation and determined based upon its results that, subject to the conditions of this
Agreement, the appropriate Utility Impact Fee for Senninger Irrigation will be calculated on the
basis of8.82'ERU; as defmed in the City's Impact Fee Ordinance and;
WHEREAS, as allowed by City Code, the parties are entering into this Agreement.
NOW, THEREFORE, in consideration of the promises and covenants contained herein, it
is hereby agreed as follows:
1.
Conditional Acceptance of Utility Impact Fee Calculation. Subject to paragraphs
2 and 3 of this Agreement, the City accepts the alternative Utility Impact Fee
calculation submitted by the Owner, and the City and the Owner agree that the
alternative utility impact fee for Senninger Irrigation shall be based on 8.82 ERUs.
2.
Monitoring.
(a)
During the three (3) year period from the effective date of this Agreement,
the City shall conduct "monitoring". For purposes ofthis paragraph, the
term "monitoring" means reviewing actual water Consumption.
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(b)
If monitoring by the City confirms an increase beyond that shown in the
alternative impact fee calculation conditionally accepted by the City under
paragraph 1 above, within thirty (30) days of written demand by the City
the Owner or its successor or assigns shall pay the City by certified
cashier's check the difference between the alternative impact fee paid
pursuant to paragraph 1 of this Agreement and the impact fee shown to be
owing based upon the monitoring, plus interest at the rate set annually by
the Comptroller of the State of Florida for judgments and decrees pursuant
to Section 55.03, Florida Statutes, with the interest rate in effect on the
date of completion of the monitoring to prevail.
(c)
If monitoring by the City confirms a decrease, the Owner shall not be
entitled to any refund.
3. Expansion or change in use of Development. In the event Senninger Irrigation expands
or there is a change in use after the effective date of this Agreement, the Owner or its successor
or assign shall be subject to payment of an additional impact fee.
4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the
Owner's successors and assigns, and shall run with the subject lands.
5. Notices. Any notices or correspondence related to this Agreement shall be directed in
writing to the following addressees:
To the City:
To the Owner:
Send original to:
~end original to:
Wayne Saunders, City Manager
City of Clermont
685 West Montrose Street
Clermont, Fla. 34711
Senninger Irrigation
6. Governing Law. This Agreement shall be governed by and construed in accordance with
the City of Clermont Impact Fee Ordinance, all other applicable laws, ordinances and
regulations, and the laws of the State of Florida.
7. Recording. Upon its effective date, this Agreement shall be recorded at the Owner's
expense in the Official Records of Lake County, Florida.
8. Effective Date. This Agreement shall become effective upon the date of execution by the
City or upon the date of execution by the Owner, whichever date is later.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates inscribed
below.
B.
STATE OF FLORlijA
COUNTY OF &"~~
CITY OF CLERMONT
DATE:
Senninger Irrigation
BY:£'&
-/kJA)1tf SKI? ¿ji/IC
TITLE: PA.-t£.S"lð&VT
DATE:
JI- 7.4- 03
The fOJ~t was acknowledged b;%e me !ills æ 41 ~ ~ay Of~~ 2003, by
¿;;~dt/ , on behalf of . ~¿4?¿:t2::) ~ .. e/fI/llJ is personally
known to me 9r àas }3Feà1teed ° . an and -tM& (did not) take
an oath.
S:\VMonaco\FORMS\altimpact.6-8-01.wpd
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Ó!°TARY PUBLIC
Print Name: 'dt/r1A1¡rr:¡ Æ L/lSSG~
My Commissioner Expires
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Q l1 '\ JUANITA R. LASSETER '.;
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EXHIBIT A
PARCELB:
THAT PART OF LOTS 39, 40, 41 AND 42, OF LAKE HIGHLANDS COMPANY, A
SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO
THE RECORD PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 57, OF SAID LAKE HIGHLANDS
COMPANY, AND RUN N.00o10'49"E., ALONG THE WEST LINE OF LOTS 57, 56 AND 41,
OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,682.40 FEET TO THE POINT
OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING, CONTINUE
N.00o10'49"E., ALONG THE WEST LINE OF LOTS 41 AND 40, OF SAID LAKE HIGHLANDS
COMPANY, A DISTANCE OF 969.87 FEET TO THE NORTHWEST CORNER OF SAID LOT
40; THENCE S.89°34'10"E., ALONG THE NORTH LINE OF SAID LOT 40, A DISTANCE OF
472.27 FEET; THENCE S.00025'50"W., 191.77 FEET; THENCE S.89°28'34"E., 455.72 FEET TO
THE BEGINNING OF A CURVE CONCAVED SOUTHWESTERLY AND HAVING A
RADIUS OF 35.00 FEET; THENCE EASTERLY AND SOUTHERLY, ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°48'41", AN ARC LENGTH OF 54.86
FEET, TO THE END OF SAID CURVE; THENCE S.00020'07"W., 742,66 FEET; THENCE
N.89°33'15"W., 959.93 FEET TO THE POINT OF BEGINNING.
SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF
ANY.
TOGETHER WITH THE FOLLOWING ACCESS UTILITY AND DRAINAGE
EASEMENTS APPURTENANT TO PARCEL B:
ACCESSIUTILITY EASEMENT
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE
HIGHWAY 50 WITH THE EAST LINE OF LOT 23, OF LAKE HIGHLANDS COMPANY, A
SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO
THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 52, IN THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN S.00024'47"W" ALONG THE
EAST LINE OF LOTS 23 AND 26, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE
OF 1,143.87 FEET TO THE BEGINNING OF A CURVE CONCA VED NORTHWESTERLY
AND HAVING A RADIUS OF 331.00 FEET; THENCE SOUTHERLY AND WESTERLY,
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°06'34", AN
ARC LENGTH OF 520.57 FEET, TO THE END OF SAID CURVE; THENCE N.89°28'34"W.,
526.34 FEET; THENCE N.00025'50"E., 191.77 FEET TO A POINT ON THE NORTH LINE OF
LOT 40, OF THE AFOREMENTIONED LAKE. HIGHLANDS COMPANY; THENCE
S.89°34'lO"E., ALONG THE NORTH LINE OF SAID LOT 40, A DISTANCE OF 50.00 FEET;
THENCE S.00025'50"W., 128.32 FEET; THENCE S.89°34'1O"E., 483.52 FEET TO THE
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BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF
265.80 FEET; THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 90°01'25", Al'-l ARC LENGTH OF 417.63 FEET,
TO THE END OF SAID CURVE; THENCE N.00024'25"E., 1007.16 FEET; THENCE
N.05°55'50"E., 138.92 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 50; THENCE S.88°48'45"E., ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50, 52.28 FEET TO THE POINT
OF BEGINNING. .
10 FOOT WIDE UTILITY EASEMENT
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF
STATE HIGHWAY 50 WITH THE EAST LINE OF LOT 23, OF LAKE HIGHLANDS
COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST,
ACCORDING TO THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE
52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN N.88°48'45"W.,
ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50, A DISTANCE
OF 52.28 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID
POINT OF BEGINNING, RUN S.05°55'50"W" 138.92 FEET; THENCE S.00024'25"W., 1,007.16
FEET TO THE BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING
A RADIUS OF 265.80 FEET; THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°01'25", AN ARC LENGTH OF
417.63 FEET, TO THE END OF SAID CURVE; THENCE N.89°34'1O"W., 43.40 FEET;
THENCE N.00025'50"E., 10.00 FEET; THENCE S.89°34'10"E., 43.40 FEET TO THE
BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF
255.80 FEET; THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 90°01 '25", AN ARC LENGTH OF 401.92 FEET,
TO THE END OF SAID CURVE; THENCE N.00024'25"E., 1,007,65 FEET; THENCE
N.05°55'50"E., 138.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
STATE HIGHWAY 50; THENCE S.88°48'45"E" ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, 10.03 FEET TO THE POINT OF BEGINNING.
15 FOOT WIDE UTILITY EASEMENT
A 15 FOOT WIDE. UTILITY EASEMENT LYING OVER, UPON AND THROUGH THE
FOLLOWING DESCRIBED PARCEL OF LAND:
BEGIN AT THE INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF
STATE HIGHWAY 50 WITH THE WEST LINE OF THE EAST 1/2 OF LOT 23, OF LAKE
HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, ACCORDING THE RECORD PLAT THEREOF, AS RECORDED IN PLAT
BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN
S.88°48'45"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50,
A DISTANCE OF 15.00 FEET; THENCE S.00023'57"W., PARALLEL WITH THE WEST LINE
OF THE EAST 1/2 OF SAID LOT 23, AND PARALLEL WITH THE WEST LINE OF THE
EAST Y2 OF LOT 26, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,301.74
FEET TO A POINT THAT IS 15 FEET SOUTH OF, WHEN MEASURED AT RIGHT ANGLES
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THERETO, THE NORTH LINE OF LOT 39, OF SAID LAKE HIGHLANDS COMPANY;
THENCE N.89°34'1O"W., PARALLEL WITH THE NORTH LINE OF SAID LOT 39, A
DISTANCE OF 244.30 FEET; THENCE S.00o25'50"W" 113.32 FEET; THENCE N.89°34'1O"W.,
15.00 FEET; THENCE N.00o25'50"E., 128.32 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT 39, OF LAKE HIGHLANDS COMPANY; THENCE S.89°34'lO"E., ALONG THE
NORTH LINE OF SAID LOT 39, A DISTANCE OF 244.29 FEET TO A POINT AT THE
SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 26, OF LAKE HIGHLANDS COMPANY;
THENCE N.00o23'57"E., ALONG THE WEST LINE OF THE EAST 1/2 OF SAID LOT 26, AND
ALONG THE WEST LINE OF THE EAST 1/2 OF LOT 23, OF SAID LAKE HIGHLANDS
COMPANY, A DISTANCE OF 1,286.74 FEET TO THE POINT OF BEGINNING.
DRAINAGE EASEMENT" A"
A DRAINAGE EASEMENT LYING OVER, UPON AND THROUGH THE FOLLOWING
DESCRIBED PARCEL OF LAND:
COMMENCE AT THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 26, OF LAKE
HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, ACCORDING THE RECORD PLAT THEREOF, AS RECORDED IN PLAT
BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID
POINT ALSO BEING ON THE NORTH LINE OF LOT 39, OF SAID LAKE HIGHLANDS
COMPANY, AND RUN N.89°34'1O"W., ALONG THE NORTH LINE OF SAID LOT 39, A
DISTANCE OF 244.29 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
FROM SAID POINT OF BEGINNING, RUN S.00o25'50"W., 128.32 FEET; THENCE
N.89°34'10"W., 230.93 FEET; THENCE N.00o25'50"E., 128.32 FEET TO A POINT ON THE
NORTH LINE OF LOT 40, OF SAID LAKE HIGHLANDS COMPANY; THENCE
S.89°34'1O"E., ALONG THE NORTH LINE OF LOT 40, AND ALONG THE NORTH LINE OF
LOT 39, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 230.93 FEET TO THE
POINT OF BEGINNING.
SOURCE: Legal descriptions provided by Farner and Associates. (Project # 03-0751)
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