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2003-03 " ~.... . . . . .1 c( I -:1 ,? /65 I . 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 Beeline Development, Inc. and its successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas. OWNER is proposinQ to develop property (the "Property") located as 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 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: 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. 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. Page 1 1.6 . 1.7 1.8 1.9 1.10 1.11 . 1.12 1.13 .1 ""0. 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 otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. ANNEXATION 3.1 3.2 . 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. 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. Page 2 , . :- . . . .8 P_.~. 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, FI34712-O219 Scott Sumner, Agent Beeline Development, Inc. P.O. Box 608 Ocala, FL 34478-0608 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 Scott Sumner as Agent of Beeline Development, Inc. DATED thiso?~ day of ~jJ CITY OF CLERMONT ,2003. ATTEST: ~ 0 d S. Turville, Jr., Mayor OWNER Page 3 , 0'. ,. " . . . -I «.. STATE OF FT ORillA COUNTY OF LAKE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally ~ac S~er, Agent of Beeline Development, Inc., who provided identification in the form of d~. or who is personally known to be the person described in and who exeéuted the foregoin~, and that he acknowledged before me that he executed the same. Witness my hand and official seal this /& day of ~L ~~~ ,2003. , P.I4t. Jane W8nsn tJ~ My cQl11lllioUklß DD1-~1 ,\?,j ExplrœAugU8t19,2OUØ o. Page 4 j~-22-2003 '0'.3 AM K~ WEEKS EWCINEERINC .07 ~.O. ~ ~ P.O' --------------------------~---~-----_J_------- .4TMC3,J-yv\étL-r I ~ I . LEGAL DBSCRIPrION A PARCEL OF LAND LOCATED IN THE NO~THEAST 1/4, SECTION 27, T22S, R26E, LAKE COUNTY. FLO~IDA, MORE PARTICULARlY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 27; THENCE SBS'13'~7'e ALONG THE NORTH LINE OF SAID HE 1/~, A DISTANCE OF 1340.20 FEET TO A POINT ON THE EAST LINE OF GREATER HILLS, PHASE 1, AS RECORDED IN PLAT BOOK 30, PAGE ~2, OF THE OFFICIAL RECORDS OF LAKE COUNTY, FLORIDA: THENCE LEAVING THE NORTH LINE OF SAID NORTHEAST 1/4, SO'07'47"N ALONG THE EAST LINE OF SAID GREATER HILLS. PHASE 1, A DISTANCE OF 69].79 FEET TO A POINT ON THE NORTHERLY RIGHT OF HAY LINE OF THE FOAMER ATLANTIC COAST LINE RAILROAD 150 FOOT RIGHT OF WAY), SAID POINT ALSO BeING THE POINT OF BEGINNING: . THENCE LEAVING THE EAST LINE OF SAID GREATE~ HILLS, PHASE 1. SOUTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT, BEING ALSO ALONG THE NORTHERLY RIGHT OF MAY LINE OF SAID ATLANTIC COAST LINE RAILROAD, AN ARC DISTANCE OF 797,21 FEET (SAID CURVE HAVING A RADIus OF 1422.00 FEET, A DELTA ANGLE OF 32'07'17". AND A CHORD BEARING AND DISTANCE DF 983'22'3S"E. 786.SS FEET) TO A POINT: THENCE CONTINUlNG ALONG THE NORTHERLY RIGHT OF NAY LINE OF SAID ATLANTIC COAST LINE RAILROAD, NBO'34'55~E A DISTANCE OF ~9B.O7 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4': THENCE LEAVING THE NORTHERLY RIGHT OF HAY LINE OF SAID ATLANTIC.COAST LINE RAILROAD. SO'O5'O7"W ALONG THE EAST LINE OF SAID NE 1/A A DISTANCE OF 454,55 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROUTE ~O (VARIABLE RIGHT OF WAY): THENCE LEAVING THE EAST LINE OF SAID NE 1/4. N89'23'4S"W ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE ~O, A DISTANCE OF 80.7A FEET TO A POINT: THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF HAY lINE OF SAID STATE ROUTE ~O, NO'36'12'E A DISTANCE OF 1B.OO FEET TO A POINT: THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE 50. N8S'23'4B'W A DISTANCE OF eoo,oo FEET TO A POINr: THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE 50, SO'36'12~ A DISTANCE OF 18.00 FEEl TO A POINT: THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE 50, NB9'23'4S"W A DISTANCE OF 412.59 FEET TO A PDINT ON THE EAST LINE DF SAID GREATER HILLS. PHASE 1: THENCE LEAVING THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE 50. NO'O7'.,¡ 7"E ALONG THE EAST LINE OF SAID GREATER HILLS, PHASE S, A DISTANCE OF 460,39 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11.27~B ACRES OF LAND MORE o~ LESS. . . N A 1.\ ;',: : ::; !~: SUBJECT PARCEL - -,--.- .- CASE LOCATION 27-22-26 . ... 0" ~~ ~:rTI~lt ~El~' --:::::1 - :n:J- .--~ ',-- ... FOSGA TEl CLERMONT AUTO SALES I I PH #64-01-2 800 0 800 1600 Feet A to M'P w/LM use . L ---.--.-.------- ---.... ---, . .....-- - .......-..--.- .....----.--.-------.-- .- -----. .---...