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2003-07 ~[~::tb~L, ~[e,:~e::; ~~".. I/O/JIIOllßßOÐ"II.. ØØlllIlBOIIIDIUIIUm"ßlßIIßlßIßIßIIIIIJI ?,o' .:3.Ð~ 12.0 zIq . c:.~rMði--r. ç(... ~L{-r, '2- 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 East Towne Center, LLC and its successors or assigns, hereby referred to as OWNER. CFÑ 2003040449 Bk 02290 Pgs 2269 - 2274; (6pgs) WITNESSETH DATE: 04/04/2003 07:42:09 AM JAMES C. WATKINS. CLERK OF COURT Whereas. OWNER is proposinQ to develop East Towne Center, which is located on real property (the "Property") described on Exhibit 'A', attached hereto arid bv this r",-fArAn~"'- m~rI",,-.~ part hereof' and LAKE COUNTY , RECORDING FEES 25,00 . . . TRUST FUND 3,50 Whereas, the Property IS located In the umncorporatE::U ärea or LaKe {;ounty 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 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: Sp.ctinn 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 , flfJt', 'r , 1.5 1.6 . 1.7 1.8 1,9 1.10 1,11 . 1.12 1.13 . . OR BOOK 02290 PAGE 2270 In the event t~e.~ chooses to oversize the lines or 8urtenances, 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 2.1 2.2 . The project shall be developed according to the CITY land Development Regulations with the following exceptions: 1) six interior landscape islands shall be provided rather than the eleven per Code; and 2) the landscape islands shall be 10ft. in width including curb rather than 10ft. in width not including curb. The property shall be developed in substantial accordance with the attached Exhibit "B" Site Plan. Page 2 . . . 't " I PAGE 2271 OR IK 02290 '. Section 3. ANNEXATION 3.1 Owner agrees that CITY may annex the Property into the City of Clermont if CITY chooses to do 50. 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. 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, F134712-0219 David McNulty East Towne Center, LLC 121 West Forsyth, Suite 200 Jacksonville, FL 32202 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 David McNulty, Vice President, Investment Services of East Towne Center, LLC. Page 3 . . . . ~. , , . '.. DATED this 1.3 day of ~Í/!J ~ CITY OF CLERMONT ~--o fraf6 d S. Turville, Jr" Mayor OWNER -~~ David McNulty, Vice President, Investment Services STATE OF FLORIDA COUNTY OF LAKE OR.OK 02290 PAGE 2272 ,2003. ATTEST: r I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared David McNulty as Vice President, Investment Services of East Towne Center, LLC, who provided identification in the form of or who is wersonally knO.-WJl)to be the person described in and who executed the foregoing, and that he acknowledged before me that he executed the same. Witness my hand and official seal this /..3 ,--- day of r é" ð ¡¿u t9 ¡¿ Y ,2003. --=< ;:J:J... cJ~~ No ary PublIc , , ~""b.. ' PATTI WAGNER !s:.~ l"'~\ Notary Public, State of Florida Ie: :* My comm. expires June 24. 2006 Comm. No. DD 128748 Page 4 , . ., 12ia6/200~ 10:01 FAX 352 394 24íïÞ' GRAYHARRIS CLERMONT . iii 002 Þeslc::RIPTrON: £~/8IT ' ¡q-I OR BOOK 02290 PAGE 2273 " A portion of Trac:ts .I, +, 1:r and 1+ or Lake Hir/tl/andø Company Subdlyf.'on of Section 28, Tawnshlp 22 South. Ra"98 I!S East. aQ:Ording to tne plot t".,eat as t'tt!!eof'dèd In Plat Boølc 3, Page 62 of t"e Public lleçOrd:s of Lak" County. FIotfdo bcing mo,.41 partIcularly d-c,.iócd oe fotloW/a: MME:NCE at the North '/4 com",. of sðid SectIon ,26; thcnço South 00 "HJ';,o- West, 2"'..02 feed along tile West lin" of the Northeallt '/4 of f:old Sec:t:on :le; VI.nce South 89 .3+'59" East. 33.00 teet øarollal with the Nol"fn lIne of tPte Nonheorrt 7/4 of aokt Sec1ion 26 to th. POINT OF' BlrGII\INtNG; t"ett",.. contInue a/o~ 8r::111d Parallel Iinc. sour" 89'~4'5r ['ast, 700.01 'e.t: thence South OtF40'.:ro" Weld. 879. U~ feet pora/tet with aforc:8CJId West line:: of tIle Nðf'theast 7/4 of said Sec:tlon I!6 to 0 poInt on the North Rlght-ot-Way lim: 0' State IlØQd No. SO oe ."aWn on J:?orido CçpCJrtment af TransportatIon Rlght-of-Wo.)' Mop Section Na, 11070-2505: thence Nartl) 88"'54'49" West, SB.:J,02 feet olaflg SQid North Right-of-Way thenee North 00"40'30" E'aat, 4S7.01 feet; thence North 89'"32'.3.r West, 17.00 ket to 0 paint Oil the East R;gf't ot Way line 0' Count;y Rðód 485: thenae North O0"40'Ja' Ecurt. along saId Eøst RI9"t-Of-Way line, 414.11 '..t to fhe POINT OF BEGINNING, , . CONTAINING 1.).88 acres mo", 0,. less. The quality of this image is equivalent to the quality of the original document, . NOTE: Bearings shown hereon ore based e" the West line af the: Northeost 1/4 of Section 26. ToWn:lhip 22 South, Rongl!l 26 Eoet all being South 00'40'30" West. (Assumed) DESCRlPTIOll POR ReaCDCl7 Centot'8 s.. Sh_t 2 ., 2 for _n .....t , .f :2 to: CEM'. 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