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2003-08 .Also known as Don Meale Chevrolet, Bill Seidle Cheverolet-Oldsmobile, Inc BMR Clermont, LLC . . , , jhlD~ .e . WATER & WASTEWATER SERVICE AGREEMENT This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Bill Seidle's Chevrolet-Oldsmobile, Inc. and its successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas. OWNER is requestinQ water and sewer service to site, 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 pro'!iding 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 to meet 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; 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. 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. Page 1 cPØ8 {)~ . . . . . , , 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 . . 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. 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 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. 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. 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. 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. The CITY shall review and either approve or reject the costs. The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 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 1.9 from the CITY in the form of Impact Fee Credits. The Impact Fee Credits shall be established subject to Sections 1.9 and 1.11, and at the time of issuance of each building permit by applying the then current impact fee, which shall be deducted from the Impact Fee Credit balance until credit is used. Impact Fee Credits may not be transferred outside of the Property described on Exhibit 'A' but should be assignable to any heirs, assigns or successors in interest or title to part or all of said Property. . Section 2 DEVELOPMENT STANDARDS The project shall be developed according to the CITY Land Development Regulations unless othervtise stipulated in this Agreement or subsequent amendments to this Agreement. with the exception of the dealership expansion that is currently undergoing review with Lake County. Section 3. ANNEXATION 3.1 Owner agrees that CITY may annex the Property into the City of Clermont if CITY chooses to do so. All land transfers will contain a deed restriction or covenant noting the existence of this requirement to annex, such restriction to be recorded as a covenant to run with the land. Page 2 . . . . '. . . . 3.2 This agreement shall be recorded in the Public Records of lake County, Florida at cost to OWNER, and this agreement, upon recording, shall constitute an irrevocable application by the undersigned owner to annex the property described on Exhibit 'A', attached hereto, into the City of Clermont, which right to annex the City may exercise at any time in the future. 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 OWNER City of Clermont City Manager P.O. Box 120219 Clermont, FI 34712-0219 Robert Seidle - Owner/Dealer Bill Seidle's Chevrolet-Oldsmobile, Inc. P.O. Box 121046 Clermont, Fl 34712-1046 Section 6. AMENDMENTS Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Section 7. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through its Mayor and OWNER through Robert Seidle, Owner of Bill Seidle's Chevrolet-Oldsmobile, Inc. . DATED fJ1i5.----ßtf day of W?~ CITY OF CLERMONT ,2003. ATTEST: ~ Harold S. Turville, Jr., Mayor ,,-.. ~ Page 3 , , . . . . , . . . OWNER STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take aclmowledgments, personally appeared Robert Seidle, OwnerlDealer of Bill Seidle's Che~~_.. .~ Inc., who provided identification in the form of or w personally knoIDl t be the person described in and who executed the foregoing, and that he ackño e at he executed the same. . Witness my hand and official seal this í day of ß M~V , 2003. Page 4 .~ . . ""1.1....... - . -K-, <., '<w· _', -»»: '," ...~'. .>' '.".. -- --,_.-- .CONSTRClCI'ION, INC. 1465 Gene Street · Winter Park. FL 32789 (407) 647-1234 · Fax (407) 647-5234 CGC040554 March 7, 2003 ) City of Clermont City Manager PO Box 120219 Clermont, Florida 34712-0219 Artn: Wayne Saunders, City Manager RE: Bill Seidle Chevrolet Dear Wayne, Enclosed you will find a Water and Wastewater Service Agreement executed by Robert Seidle, the Owner of the above referenced jobsite. . Please contact us if you need anything further. Sincerely, KNS Construction, Inc. Keith Severns President KS,jc . VISIT US AT WWW.KNSCONSTRUCTION.COM , . , ..' ~ . . ") . ' . . . . . . MEMORANDUM Date: January 17, 2003 To: Wayne Saunders, City Manager From: Barry Brown, Director of Planning Re: Request for water and sewer services outside of the corporate City limits. Applicant: Bob Seidle Project: Bill Seidle's Chevrolet Location: Southeast corner of SR 50 and Citrus Tower Blvd, County land use: Urban Status of project: Existing Chevrolet dealership with a planned expansion that is currently undergoing review with lake County, Projected water use: 1590 gallons per day. The applicant is requesting water and sewer service to an existing automobile dealership. The facility currently operates on a well and septic system. The existing septic system is malfunctioning and rather than replace the septic tank, the applicant is requesting City sewer service, The applicant plans to retain the existing well for irrigation purposes. Construction plans for the expansion of the existing dealership are currently under review with lake County. The applica('lt is therefore requesting that they be allowed to continue the expansion under County development regulations and review. Staff supports the request pursuant to the attached utilities agreement that calls for annexation and development to City standards with the exception of the current expansion under review with Lake County.