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2003-26 - , f . IMPACT FEE AGREEMENT BETWEEN THE CITY OF CLERMONT, FLORIDA AND LOST LAKE RESERVE, L.C, REGARDING TRACT MIN CITY PARK THIS AGREEMENT TO ENTER INTO IMPACT FEE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF CLERMONT, FLORIDA, a Florida municipality ("CITY") whose address for purposes of this Agreement is 1 Westgate Plaza, Clermont, Florida 34711; and LOST LAKE RESERVE, L.c., a Florida limited liability company ("LOST LAKE RESERVE"), whose address for purposes of this Agreement is 33 E, Wall Street, Frostproof, Florida 33843. WITNESSETH WHEREAS, Lost Lake Reserve is the owner of certain real property located in the City of Clermont, Lake County, Florida, being more particularly described and shown on Exhibit A attached hereto and by this reference made a part hereof (the "Lost Lake Reserve Property"), which is being developed as a development of regional impact as defined in Section 380.06 of the Florida Statutes (the "Lost Lake Reserve Project"); and . WHEREAS, Lost Lake Reserve intends to construct certain infrastructure, including park improvements, to serve the Lost Lake Reserve Project and the citizens of the City of Clermont; and WHEREAS, Chapter 166, Florida Statutes, authorizes the City to provide for and construct certain public purpose facilities and exercise its powers to control and maintain such facilities; and WHEREAS, the City has identified a need to establish a new municipal park in the City in order to accommodate increased recreational demands anticipated as a result of population growth in the City and surrounding Lake County; and WHEREAS, the City has approved the Conditional Use Permit for the Lost Lake Reserve Project that provides for impact fee credits for the amount of design and construction; and WHEREAS, the City has requested Lost Lake Reserve, and Lost Lake Reserve has agreed, to contribute property and to undertake the design, permitting and construction of certain improvements to and for the City's park system as generally described on Exhibit B attached hereto and by this reference made a part hereof (the "Park Property"), in conjunction with Lost Lake Reserve's use of the Lost Lake Reserve Property necessary to accommodate development of the Lost Lake Reserve Project and the citizens of the City of Clermont; and . 1 '"'IF -- ~ O(U(~- . . . . , WHEREAS, the parties intend to enter into an Agreement based on the terms contained herein. NOW, THEREFORE, for and in consideration of the mutual terms, understandings, conditions, premises and covenants herein set forth, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and Lost Lake Reserve do hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct, and are hereby incorporated herein by this reference. Section 2, Estimated Cost and Expense. The parties hereto agree that the estimated costs and expenses associated with the Park Improvements are shown in Exhibit C attached hereto and incorporated by reference herein. The costs shown are estimated and the final cost shall be based on actual contracts but in no case shall the cost be greater than the amount shown in the estimate. Section 3, Payment. As stated herein above, Lost Lake is entitled to Recreation Impact Fee credits for (i) the engineering and design cost and (ii) the final cost of construction of the City Park. The Impact Fee Credits shall be directly applied to the impact fees due and owing the City by Developer for the Lost Lake Property identified in Exhibit A. Section 4. AssÏlmment ofImpact Fee Credits. Lost Lake shall have the authority to assign or transfer impact fee credits, which will be given by the City, from the Lost Lake Reserve Project to another property or project in the same impact fee district. Upon completion and acceptance of the City Park or posting of a Letter of Credit, Lost Lake may transfer any surplus of impact fee credits or the portion of credits that exceed the amount of impact fee credits utilized by Lost Lake Reserve. Section 5. Vouchers and Accountine. At the time of building permit, builder shall provide the City with a voucher equal to the current impact fee. amount. The voucher (a form of which is attached as Exhibit D) shall be signed and notarized by Lost Lake or an authorized agent. On an annual basis, Lost Lake shall provide the City with its current balance or the total cost incurred less the amount of vouchers issued, (Attached as Exhibit E is the form of the annual report.) Section 6. Present Development. Prior to completion of the Park Improvements, the parties hereby agree that Lost Lake Reserve shall be permitted to commence development and construction 2 . . . . . of the initial portions of the Lost Lake Reserve Project. In connection with the development and construction of the initial phases of the Lost Lake Reserve Project, the parties hereby agree to the following: a. Since the Park Improvements have not been completed and conveyed to the City, Lost Lake Reserve shall deposit with an escrow agent, for the benefit of the City, a letter of credit in the amount of $ or the amount required for Lost Lake Reserve to complete the park improvements. The Letter of Credit will be in the form attached as Exhibit F, b. If the park improvements have not been completed within 120 days of this Agreement, the City may draw on the Letter of Credit to complete the Park Improvements. c, Upon completion of the Park Improvements and the conveyance of the land and improvements the letter of credit, as amended, will be returned to Lost Lake Reserve. Section 7, Bindine: Effect. This Agreement shall be binding upon and inure to the benefit of Lost Lake Reserve, the City and their respective successors and assigns. The terms and conditions of this Agreement shall burden, "benefit and run with the title to the Lost Lake Reserve Property. Section 8, Severabilitv. If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefits by a party hereunder or substantially increase the burden of a party hereunder, shall be held to be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. Section 9, Breach. In the event of a breach of this Agreement by either party hereto, the other party shall have all rights and remedies allowed by law, including the right to specific performance of the provisions hereof. Section 10. Govemine: Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the Circuit Court in and for Lake County, Florida. Section 11. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together 3 ~ . . . constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CLERMONT, FLORIDA through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action taken on th~ "'t day °r/2"ÆM.:I-. 2003. and by F. Hood Craddock, as Vice President of LOST LAKE RESERVE, .C., duly authorized to execute same. ATTEST: BY~ City C!Ølk CLERMONT, FLORIDA through its CITY COUNCIL ~. TW.:JID <J¡ o~, 2003 Approved as to form and . le~_- . T . ~~~. Robert Guthrie City Attorney Signed, sealed and delivered in the ceof: LOST LAKE RESERVE, L.C. ......- By:(~~ ~ ~ F. Hood Craddock Its:J'.c:.k. -~~D{"~l'\ ,.,'\~(,tL Sig 'tur. of ~ Printed Name. il£11I1.i,(h¡"J,/MS -Lf~ ~¡t&* Signature of w!ess Printed Name: .'ff1 S -I-~f/' Ie' -- Date: , 2003 4 :, . . . . , constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CLERMONT, FLORIDA through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action taken on th~ "-t day o~~, 2003, and by F, Hood Craddock, as Vice President of LOST LAKE RESE~ authorized to execute same. ATTEST: BY~~ CLERMONT, FLORIDA through its CITY COUNCIL ~ Thi.:J1D q., ornr* . 2003 Approved as to form and leþV; T /77~~ --- Robert Guthrie City Attorney Signed, sealed and delivered in the presence of: LOST LAKE RESERVE, L.C, By: Signature of Witness Printed Name: F. Hood Craddock Its: Signature of Witness Printed Name: Date: ,2003 4 ;. . . . . , EXHIBIT A Legal Description of Lost Lake . . . EXHIBIT "All LepI Description BEGIN at the East 114 comer of Section 32, Township 22 South, Range 26 East, Lake County, Florida; thence run N 89°41 '03" E, a ctistanœ 1323.14 feet to the East line of the West 1/2 of the Southwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida; thence run S 00°31 '40" E, along said East line, a distance of 1299,54 feet to the North boundary of a parcel of land as recorded in Official Records ~k 1630, Page 721 of the Public Records of Lake County, Florida; thence leaviDg said East line, run along the North, West and South boundary of said parcel of Janel recorded in Official Records Book 1630, Page 721 the following courses and distances; thence run S 89°28'39" W, a distance of 100,12 feet to a point on a non-tangent curve, concave northeasterly, having a radius of 790.00 feet and a central angle of 31 °44' 53 "; thence on a chord bearing of N 74 °39'33" W, run 437. 7S feet 10D¡ the arc of said curve to the point of tangency thereof; thence run N 58°46'47" W, a distance of 130.62 feet to a point on a non-tangent curve, concave southwesterly, having a radius of 710,00 feet aDd a central angle of 19°02'48"; thence on a chord bearing of N 68°21 '38" W, run 236.02 feet along the arc of said curve to a point; thence run N 77°51'26" W, a ctistanœ of 490,25 feet to the West line of the Southwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida; thence run N 77°25'52" W, a distance of 54.42 feet to a point 53,00 feet West of, when measured perpendicular to, the East line of the Southeast 1/4 of said Section 32; thence run S 00 °33 '01" E, parallel with said East line of the Southeast 1/4, a distance of 750,09 feet; thence run S 45°33'22" E, a distance of 247,91 feet; thence run N 89°26'38" E, a distance of 1200.10 feet to the East line of the West 1/2 of the Southwest 1/4 of said Section 33; thence leaving the boundary of said parcel of land recorded in Official Records Book 1630, Page 721, run S 00°31'40" E, along said East line of the West 1/2 of the Southwest 1/4 of said Section 33; thence runN 89°59'16" W, along said South line of the Southwest 1/4, a distance of 1322.21 feet to the Southwest 1/4 of said Section 32, a distance of 862,15 feet; thence run N 89°56'56" W, along said South line of the Southeast 1/4, a distance of911,61 feet to the East right of way line of U.S. Highway No. 27 as it exist on May 17, 2000; thence run N 28 ° 12' 35" W, along said East right of way line, a distance of 457.45 feet to the West line of Tract 62, Lake HigJ11anihl Company in Section 32, Township 22 South, Range 26 East, 'according to the plat thereof, as recorded in Plat Book 3, Page 24 of the Public Records of Lake County, Florida; thence departing said East right of way line. run N 00°12'58" W, along said West line, a distance of 226.62 feet to the Northwest comer of said Tract 62; thence run N 89°52'19" W, along the South line of Tract 52 of said Lake HigJtlsaMQ Company, a distance of 98,23 feet to said East right of way line of U .S, Highway 27; thence run the following courses and distances along said East right of way line; thence run n 21 °59'31" W, a distance of 667,42 feet; thence run N 25°09'25" W, a distance of 400. 00 feet; thence run N 31 °00' 10" W, a distance of 281, 84 feet to the East line of the Southeas t 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 32; thence departiDg said East righ t of way line, run N 00°06'20" W, along said East line, a distance of 39.91 feet to the Northeast comer of said Southeast 114 of the Northeast 1/4 of the Southwest 1/4; thence run N 89°40'15" W, along the North line of said Southeast 1/4 of the Northeast 1/4 of the Southwest 114, a distance of 24.10 feet to said East right of way line; thence run the following courses and distances along said East right of way line; thence run N 31 °00'10" W, a distance of 123.83 feet; 0JœI5411; I . . . thence run N 25°09'25" W, a distance of 100.00 feet; thence run N 16°24'07" W, a distance of ~0~.89 feet; thence run N 25°09'25" W, a distance of 800.00 feet; thence run N 64°SO'3~" E, a distance of 5.00 feet; thence run N 25°09'25" W, a distance of 350.00 feet; thence run N 31 °16'20" W, a distance of 217.72 feet to the North line of the Southeast 1/4 of the NorthweU 1/4 of said Section 32; thence departing said East right of way line, run S 89 ° 1~' SO" E, along said North line, a distance of 867.38 feet to the Northeast corner of said Southeast 1/4 of the Northwest 114; thence run S 89°18'30" E, along the North line of the Southwest 114 of the Northwest 1/4 qf the Northeast 1/4 of said Section 32; a distance of 26.00 feet to the East line of the West 26.00 feet of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Sectio n 32; thence run N 00°06'20" W, along said East line of the west 26,00 feet of the said Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Section 32, a distance of 634.70 feet to the North line of said Tract 13 of said Lake Higb1Jnds Company; thence run S 89°09'44" E, along said North line of Tracts 13 ami 14 of said Lake High1aDds Company, a distance of 1293.87 feet to the Southwest comer of the Northwest 114 of the Northeast 1/4 of the Northeast 1/4 of said Section 32, thence run N 00°00'30" E, along the West line of said Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4, a distance of631.38 feet to the Southwest comer Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 29, Township 22 South, Range 26 East; Thence run N 00010'3~" W, along the West line of said Southeast 1/4 of the Southeast 1/4, a distance of 1327,77 feet to the Northeast comer of said Southeast 114 of the Southeast 1/4; thence run S 88°~4'1l" E, along the North line of said Southeast 1/4 of the Southeast 1/4, a distance of 1319.12 feet to the Northeast corner of said Southeast 1/4 of the Southeast 1/4; thence run S 00°16'08 E, aloDl the East line of said Southeast 1/4 of the Southeast 1/4, a distance of 662.60 feet to the Southwest comer of the Northwest 114 of the Southwest 1/4 of the Southwest 1/4 of said Section 28, Township 22 South, Range 26 East; thence run N 89 °31 '20" E, along the South line of said Northwest 114 of the Southwest 1/4 of the Southwest 1/4, a distance of 656,25 feet to the Southeast corner of said Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4; thence run N 89°41 '42" E, along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 28, a distance of 454.78 feet to the East boundary of a parcel of land recorded in Official Records Book 1170, Page 1266, as extended the following courses and distances; thence run S 00°38'18" W, a distance of 303.55 feet; thence run S 02°48'24" E, a distance of 93.07 feet; thence run S 12°48'33" E, a distance of 114.35 feet; thence run S ~7°07'45" W, a distance of 16S.~3 feet; thence run S 83°04'23" W, a distance of 269.61 feet; thence run S 32 o~9'33" W, a distance of 41,15. feet to the South line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 28; thence departing said Bast boundary of said parcel of land recorded in Official Records Book 1170, Page 1266, as extended; run S 89°32'34" W, along said South line, a distance of 50.57 feet to the Northeast comer of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 33; thence run S 00°01 '51" E, along the East fine of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida, a distance of 628,40 feet to the Northwest comer of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 33; thence run N 89°34'42" E, along the North line of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 33; thence run S 00° 11 '07" E, along the East line of said Southeast 1/4 of the Northwest 114 of the Northwest 1/4 of Section 33, a distance of 628.79 feet 0R3JJ4 II: 1 . . . . , to the Southeast corner of said Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 33: thence run S 89°36'50" W, along the South line of the Northwest 1/4 of the Northwest 1/4 of Section 33, a distance of 1316,37 feet to the Northwest comer of the Southwest 1/4 of the Northwest 1/4 of said Section 33; thence run S 00°07'26" W, along the West Iinë of said Southwest 1/4 of the Northwest 1/4, a distance of 12S6,OO feet to the POINT OF BEGINNING. Subject to any easements or rights of way of record. Less and except those lands described in Exhibit A of that certain Warranty Deed recorded in Official Records Book 1794, Page 1718 of the Public Records of Lake County, Florida. Containing 423,54 acres, (18448985,52 sq ft) more or less. OR395411 ; 1 ;. EXHIBIT B . Park Property . . . LINE TABLE NUMBER BEARING DISTANCE: L1 500'JJ'OO"E 64.JJ' L2 N66'24'47"E 65.20' LJ NJO'JO'OB"E 102.55' L4 N47"56'4B"£ 53.77' LS NB4'27'20"£ 106.11' L6 N59'40'4J"£ 103.74' L7 N 76'47'56 "£ 9B.04' LB 571 '34'IB"£ 141.46' L9 559'54'Jd"£ 74.33' uo S6.~?§1rL- .§gz~ ~~ . - ! i / ,.. i .TO - 25" I I II - OF'¡:¡ClA£ RE< £.4-;..,,- - - (O.IlDISTTlIBUI1 Y ,.---'---;.-_. - - (RßwOflDS Boc»;'4 ROAD - - .B. /78/, f/'¿ CA~r : I \ ~D!!! VARJIS7/. PAG'ë - - - /8J9) I I 1),--""- ¡- --.2.. 8/0 - - ' I I fa )- -- --' I L I ~ -. - ----- } I'" / I ,. Q '" EAST LINE OF LANDS ~- - N77' ""',;.-----=-' I ',I :::0 lo DESCRIBED IN - ----- "52"2 ", - ~ '.J...- ~ 8 ~ (O,R.B, 2046. PC. 1~~O) 1 ---- ----- ,., 740.00' -- ", U) Z --- C..., «,,' --- ,,-, t) Z Q <'I '", ----- ¡;: :5 ð ~ t~ soum R/w LINE -------- 1-- G g Q1 (¡ « Of .x»fH's LAXE ROAD - 1 ~- :;: ..... UJ o. (OfFIOAL R£COROS BOOK - . ':;( 'I' a~) mI. PAce 810) N77"<5's ' ';:! --.I >" ~ '" MDIH VAIII£S I 54.68' 9 «Q I 0--.10 I --.I I «~o .. I I p:.. ~:~ POINT O':"'BEGINNING \ ~ :5 (¡ NORIHI'£SI' CORNER. : ::z :5 Q 8 (LANDS DESCRJ8£1I II o.R.B. 18JO, PG, 721) : 8 I <J I (. I TRACT J I 9": FUTURE DEVElOPMENT : :/.' !~ I " !'.:"", I ~ unUTr EASEiirNT " .. , '., ' I 2 (O.R,B, 17f4 PG. 1710)} I' SEE SHŒT ð I FOR DETAIL \ '~IIEST UNE 01 _J DESCRIBED ",.;~----- -------- (O.R.B. 163tJ """:,,....--:;---- ------------ """",:"", \.1 £8 /' ",'" ' ,,/ /""", ,,& ' ':~;, 1/<// "Þc .<~:,~: , " . " ' " .. )- z,," à':'" ~~ QJ()« a Q OOUJ ,... ~..., 0 « '" « --.I 0 I!: G£ J: ,.. ",I :5 ~Q --.I 10 CJ) VI ~ )- Z,," «'" Q. ::El,' ()~ 0« ;§ UJ'I.. ooa~) ....:>:"", (J ::s 0 «:1:0 I~ ~ ro :r.,- "I « ~~ ... ..'( .> \ \ -c.\~ \,~ ~\~ f'\ ,:to \ , ,,';': i.~>: IC C\ I C\ C\I I C\ r-) U Lu V) IC C\ I C\ C\ I I") II") \ , 10 b:! TRACT 4 FUTURE' DEVELOPMENT ,; .. ., ", . .. sòum LINE: ÐF SEC. 32-22-26 SE CORNER SEC. 32-22-26,\ S89"59'1O8r 862.67' ,. . . . . , EXHIBIT C Park Costs and Expenses ; I LOST LAKE RESERVE ! CITY PARK COST ESTIMATE 5/27/03 ¡ I I . Area/Item Quantltv Unit Unit Cost Sub-Totals Totals SITEWORK (DeWitt Excavating) Includes earthwork, water, sewer, drainage, sodding of embankments for stabilization, sidewalks, parking lot and roadway paving, pedestrian sidewalks, curbs, striping, etc. Sub-Total 1 LS $240,543 $240,543 $240,543 LANDSCAPING & IRRIGATION (Concepts in Greenerv) Includes all plant material, trees and sod as indicated on plans prepared by Can in and Associates revised 6/21/02. 1 LS $60,637 $60,637 Installation of irrigation system including reclaimed lines 1 LS $60,875 $60,875 6" Well with 25/hp pump @ depth of 300' with 150' casing. Add'i depth is $28.50 per foot. 1 LS $24,700 $24,700 Electrical connection from transformer to pump station and timers. 1 LS $6,149 $6,149 Engineering plans for electrical servica. 1 LS $1,400 $1,400 Sub-Total $153,761 LANDSCAPE MAINTENANCE (Estimate) Cost for Bermuda sprigging includes installation and one fertilization (included above). There is a 90-day "grow-in" period which will require approximately 6 add'i fertilizations and mowing. Sub-Total 1 LS $1,500 $1,500 $1,500 ELECTRICAL Run 3-phase power from Johns Lake Road to well site. (Progress Energy) 1 LS $10,191 $10,191 Underground cost differential for parking lot lightingJ~æ9ress Enet:9ï) 1 LS $1,594 $1,594 Sub-Total $11,784 ENTRANCE COLUMNS & SIGNAGE Brick columns between hedge and entrance sign, entrance monument & aluminum panel (Seminole) 1 LS $11,268 $11,268 Oval Sign (Sign Crafters) 1 LS $802 $802 Misc. Directional signage - painted metal blade (Estimate) 1 LS $1,450 $1,450 Sub-Total $13,520 .-= TOT LOT AREA (Estimate) Poured-in-place Flush Concrete Curb, sponge float finish (Around tot-lot) 250 LF $9 $2,250 6" Thick Layer Ground Cypress Mulch 80 cy $50 $4,000 Sub-Total $6,250 SPORTS FIELDS AND COURTS (Estimate) Tennis Courts (2 total) (incl. nets) 1 LS $27,500 $27,500 Tennis Court Fencing 1 LS $8,000 $8,000 Basketball Courts (2 total) (without aquipment) (see site furnishings for basketball hoops) 1 LS $23,000 $23,000 Softball Field (incl. 4" clay infield, bases, striping, supervision) 1 LS $13,000 $13,000 Softball Field Fencing 1 LS $15,000 $15,000 Soccer Field (incl. striping, soccer nets and end poles, supervision) 1 LS $22,000 $22,000 Sub-Total $108,500 SITE LIGHTING Sports Lighting - includes installation of poles (Musco Lighting) 1 LS $97,415 $97,415 Sports Lighting - electrical secondaries from pole ballasts to transformer (estimate) 1 LS $15,000 $15,000 Sub-Total $112,415 STRUCTURES (Lennar) Restroom Facility (standard economy four place restroom) 1 LS $51,838 $51,838 $51,838 SITE FURNISHINGS (Estimate) (TB) Team Bench w. back - 10'Iong (Custom with in ground mount) 4 EA $444 $1,776 (PB) Bench w. back - 6' long (Standard with surface mount) 9 EA $175 $1,575 (TR-2) Trash receptacle - free standing with plastic liner 2 EA $1~5 $330 (TR-1) Trash receptacle - free standing with dome top and plastic liner 5 EA $225 $1,125 (BL) Bleachers (3 row x 15' portable) 2 EA $600 $1,200 (BG) Basketball Goal (Pole, backboard, and rim) 4 EA $800 $3,200 (SG) Soccer Goal (8'x 24' permenant goal with nylon netting) Pair 1 EA $2,025 $2,025 pm Plavaround Structure (custom 3000 series Dlav svstem) - 1 EA $11,000 $11,000 Page 1 ,. . , \ LOST LAKE RESERVE I I CITY PARK COST ESTIMATE 5/27/03 -= I Area/Item Quantitv Unit Unit Cost Sub-Totals Totals (FP) Flagpole (30' heavy duty aluminum) 1 EA . $975 $975 Installation Cost (all amenities) 1 LS $8,500 $8,500 Sub-Total $31,706 ENGINEERING & DESIGN Can in & Associates 1 LS $17,500 $17,500 Don Mcintosh & Associates 1 LS $15,000 $15,000 Cuhaci & Peterson 1 LS $6,529 $6,400 Sub-Total $38,900 PERMITS & REVIEW FEES 1 LS $5,000 $5,000 $5,000 FREIGHT & TAX FOR SITE FURNISHINGS (Estimated at 10%) 1 LS $2,800 $2,800 $2,800 CONTINGENCY (15%) 1 LS $116,778 $116,778 $116,778 GRAND TOTAL $895,295 I I I I ' I I I I : I ! I I I I I ! I T I I I I . . Page 2 ,. , . ", EXHIBIT D . Form of Voucher . . '. · 3434 Colwell Avenue· Suite 120· Tampa, FL 33614·813-915-3449· Fax 813-915-0649 VOUCHER NUMBER RECREATION IMPACT FEE VOUCHER LOST LAKE RESERVE Legal Description: Lot _, Parcel Street Address: Clennont, Florida The undersigned hereby confinns that it has received from on , 2003 funds sufficient for impact fees for Recreation as required by Lake County for ( ) single-family residential units, ( ) multi-family residential units, or ( ) commercial property. The undersigned hereby gives notice to Lake County that the sum of $ should · be deducted from the Lost Lake Reserve Recreation Impact Fee Credit Amount Maxcy Development Group, Manager for Lost Lake Reserve, L.C. By: Harry Lerner, Vice President STATE OF FLORIDA COUNTY OF HILLSBOROUGH Sworn to and subscribed to before me this _ day of ,20_, Notary Public, State of Florida My Commission Expires: · . . . : ...... EXHIBIT E Form of Annual Report . . CITY OF CLERMONT RECREATION IMPACT FEES - LOST LAKE RESERVE . ... Voucher # Date Payee Lot Block ParcellTract Rec'd from City Pd by Bldrs. Balance nIB BEGINNING BALANCE 895,443.00 895,295.00 LOC 1/22/2002 Sundance Apartments nIB nIB G 150,320,00 744,975.00 1 7/24/2003 , , ./' .: . EXHIBIT F . Form of Letter of Credit . . . ,. ,. +8139150649 WESTSHORE DEVELOP, ... "-. c8 CiTizENS BANk . All carrerpandeDt&: P.O. SQ)( 7 FraStproof. F~ 33843-0007 274 P02 JAN 18 '02 12:52 Marn 0fII... 2 e)$t Wðll Street Pr..st~r.."~ PI. Phone:(863) 635-2244 F~x:(S63) 635-9202 I.IIItWaltlOfflœ, 1838 Statlil Road 60 I!3n I..3keWSIe1.FI. Phone: (863) 676-7077 Fax:(S63) 679-7793 Heln.. CIty 011100: 1400 U.s.Hwy 27 N. Haine~ CiIY, i'L Phcne:(863 .m.84S4 Fax: (863) 421-6090 4ßY1imP- BankLine (863) 679-7777 .1 :. i i ,Qr\S¿hèJ. 10 au{ , L D L- 9 lM.J-r. ~th 11J~ lo~ I ;. ! Citizens Bank Irrevocable Letter of Credit No. 129 January 8, 2002 .' '. . . . i ¡ . . .Haro~d TutV~ll~: M:~yor Çity. of C!eimont, Florida " Attn.: ParK rmpaç~ Fee Agreement . I . ! I W e h~reby open our Irrevocable Letter of Credit in your favor for the accoun~ of Lost Lake Reserire LC.,.33 East Wall St., Frostproof, Florida 33843 for a sum not to exceed the ~ggreg~ie of.$150,320 (One Hundred Fifty Thousand Three Hundred Twenty and 00/100 U.S~ pollars), Such sum shall be available in accordance with that Park Impact Fee Agreem;~~t between the City of Clennont, Florida and Lost Lake Reserve, L.C, dated January 8, ~QO2, The credit i~ sl.lþject, so far as applicable, to "The Uniform Customs and Practice for pocurp.e~taOr Credit, 1993 revision, The International Chamber of Com¡nerce Public.arion No. 500." :We hereby agr,ee witþ you ~at payment will be made under and in compliance with the -teim.s. 'of thí~ credit ~d wi~l ~e duly honored if presented for payment to our main office, Citizens B~ of Frostproof; PO ;Box 7, Frostproof, FL 33843, This letter win expire on ...Jàriuary 8, 2pO4, Citi~ens BJk ofFrostproof .. ay: ~~ Gieg Li ~n Pr~s!,dent L. o. <:. } 50 3Z0,.DtJ . ) ~oAb (zz.9,9QZ-2-;,O;:ozt) '* 91oJ,OD \ J ..~'; ~.' L1i(~ f)-:--,.;;'Áv¿ /-'0'- I -""'1 Iì "--.J'>:J~ Ll..L I + ç 3 ~ 2.. ' DC) I =- -..:.---- . Polk County's Oldest and Strong~st Bank.. - founded in 1920 -,"',