2003-01
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CFN .3040451
Bk 02290 Pgs 2279 - 2283; (5pgs)
DATE: 04/04/2003 07:42:09 AM
JAMES C. WATKINS, CLERK OF COURT
LAKE COUNTY
AGREEMENT RECORDING FEES 21.00
TRUST FUND 3.00
This document constitutes an agreement between the CITY of Clermont, hereby
referred to as CITY, a municipality of the State of Florida, and South lake land
Trust, developer of Bent Tree Subdivision, and its successors or assigns, hereby
referred to as OWNER.
WITNESSETH
Whereas, OWNER is proposing to develop a subdivision called Bent Tree, which
is located in Sections 32 and 5,Townships 22 and 23, and Range 26 in the
unincorporated area of lake County.
Whereas, OWNER is to extend sewer to serve the subdivision and sewer must
be sized in order to meet the minimum requirements of the CITY'S land
Development Regulations and to meet the minimum flow demands for the
subdivision.
Whereas, the CITY may, at the sole option of the CITY, desire to enlarge or
oversize the sewer lines and appurtenances in order to provide additional
capacity.
.
Whereas, OWNER and CITY are entering into this Agreement to set forth the
terms and conditions under which 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 SEWER
1.1
CITY shall provide sewer service for Bent Tree subdivision for the
construction and development of up to 130 single family lots.
1.2
Owner shall connect to the existing City sewer system located east of U.S.
27.
1.3
The route of the off site line shall be according to engineering plans
produced by OWNER and approved by the CITY.
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OR 8K 02290
PAGE 2280
1.4
The OWNER shall construct the minimum line size necessary to serve the
development and provide such documentation necessary for the CITY to
ascertain the minimum line size necessary to serve Bent Tree subdivision.
Line shall meet the minimum line size requirements as specified by the
CITY land Development Regulations.
1.5
In the event the CITY shall choose to oversize the sewer line, the CITY
shall provide to the OWNER the size line to be included in the final
improvement plans.
1.6
The OWNER shall be responsible for the construction of all on site and off
site sewer lines to serve the subdivision at the time of construction of Bent
Tree subdivision and no building permits for houses shall be issued until
sewer is provided to the site or until such bonding or letter of credit is in
place to guarantee completion of off-site improvements. No Certificate of
Occupancy for homes to be constructed shall be issued until sewer system
extension has been completed and accepted by the City.
1.7
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 the minimum size line.
1.8
The CITY shall be responsible for the difference in cost of materials to
oversize the line if the CITY chooses to oversize.
1.9
The OWNER shall provide to the CITY a cost estimate for materials for the
minimum size line and a cost estimate for materials for the approved
oversized line. Cost estimate shall be contractors bid. The CITY shall
review the estimate for consistency with recent similar costs.
1.10 The OWNER and CITY shall agree on the cost difference prior to
commence of construction.
1.11 The OWNER shall be responsible for all costs, including design, permitting,
materials and construction of the sewer system, both on site and off site to
serve the project, with reimbursement for the difference in costs as
determined in Section 1.9 from the CITY in the form of Sewer Impact Fee
Credits.
1.12 The Sewer Impact Fee Credits shall be established subject to Sections 1.9
and 1.11, and at the time of issuance of each building permit for each lot
the current sewer impact fee then shall be deducted from the Impact Fee
Credit balance until credit is used.
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OR 8K 02290
PAGE 2281
1.13 Impact Fee Credits may not be transferred outside of the Property
described on Attachment 'A' but should be assignable to any heirs, assigns
or successors in interest or title to part or all of said Property.
Section 2. ANNEXATION
2.1
Owner agrees to voluntarily annex the Bent Tree subdivision when the
property becomes contiguous to the municipal boundaries. All land
transfers will contain a deed restriction stating the requirement to annex,
such restriction to be recorded and as a covenant to run with the land.
2.2
This agreement shall be recorded in the Public Records of lake County,
Florida, and this agreement, upon recording, shall constitute an irrevocable
application by the undersigned owner to annex the property described on
Attachment 'A', attached hereto, into the City of Clermont, which right to
annex the City may exercise at any time in the future.
Section 3. 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
effecting in any respect whatsoever the validity of the remainder of this
agreement.
Section 4. 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
OWN ER
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
Dale ladd, Trustee
South lake land Trust
1135 East Avenue
Clermont, Fl 34711
Se~on5.AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in
writing and signed by all parties.
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OR 8K 02290
PAGE 2282
Section 6. 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 City Ma'lo,-"', authorized
to execute same by City Council action, and OWNER through Dale ladd, as
Trustee of South l,ke land Tr~veloper of Bent Tree subdivision.
DATED this';>~ay of JII t/a~ . 2003,
CITY OF CLERMONT
ATTEST:
~~-£)
Harolcl-6.Turýíl leJ Jr. j rY\aycI
P.O. Box 120219
CLERMONT, Fl 34712-0219
OWNER
~Ir II
l!L\ M. Aš 1?-~
Dale la~~d/Trustee
South lake land Trust
1135 East Avenue
Clermont, Fl 34711
STATE OF PT .oRillA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take
acknowledgments, personally appeared Dale T ,add, as Tmstee of ~ollth Take T .ami Tmst, personally known 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 ~ day of ~ ,2003.
{?J-('.LU 1 L ~ ~
Notary Public
Page 4
,-: a'\ RocheHe Thompson
. rJ . My Commission CC878444
'~fll Expires October 04. 2003
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OR8K 02290
PAGE 2283
Attachment 'A'
The Northwest ~ of the Northwest ~ of the Northwest ~ of Section 5, Township 23
South, Range 26 East, also described as Tract 8 in Section 5. Township 23 South,
Range 26 East, MONTE VISTA PARK FARMS, according to the plat thereof as
recorded in Plat Book 2, Page 27, Public Records of lake County, Florida; together with
portions of vacated roads that lie North and West of said Tract 8 and within the
Northwest ~ of the Northwest ~ of the Northwest ~ of Section 5, Township 23 South.
Range 26 East, as vacated in Official Records Book 1278, Page 1500. Public Records
of lake County, Florida.
and
The Southwest ~ of the Southwest ~ of Section 32. Township 22 South, Range 26
East, also described as Tracts 55, 56, 57 and 58, LAKE HIGHLANDS COMPANY,
according to the plat thereof as recorded in Plat Book 3, Page 24, Public Records of
lake County, Florida; together with portions of vacated roads that lie North of said
Tracts 55 and 56, West of said Tracts 56 and 57 and South of said Tracts 57 and 58.
and within Section 32, Township 22 South. Range 26 East, as vacated in Official
Records Book 790, Page 1978, in Official Records Book 1197, Page 455 and Official
Records Book 1278, Page 1500, Public Records of lake County, Florida.
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