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2004-32 . . . 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 Highland Real Estate & Investments, Inc. and its successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is proposing to develop property (the "Property") located south of Hartwood Marsh Road and 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 asce~ain 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 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 consistent with the proposed Joint Planning Area (JPA) Land Development Regulations as outlined in the JPA document provided to the Developer and dated May 8, 2003 unless otherwise stipulated within this Agreement or in subsequent amendments to this Agreement. Any development standard not specifically addressed in this agreement as meeting City or JPA standards shall meet lake County standards. 2.1 2.2 Lot size and confiauration The subdivision shall be constructed in accordance with the preliminary plat as approved by Lake County on April 23, 2003. Street and Sidewalk Construction Standards Curb: standard F-type curb and gutter on all public streets Right-of-way: 50 feet in width *Utility easement: 15 feet Page 2 . . . . . *Note: An additional 5 feet of utility easement shall be provided over and above what is normally required by City code along front property lines. 2.3 Landscapinq A 22 ft. wide landscape buffer shall be provided. Twelve (12) feet will be provided in the drainage easement across the lots along Hartwood Marsh Rd. and 10 feet will be provided in the Hartwood Marsh Rd. right-of-way as approved by Lake County. The plantings shall be in accordance with the JPA standards. 2.4 Utility Construction, Concurrency Management, Clearing and Grading, Stormwater Management and Drainage, Signage, and Landscaping shall meet the JPA standards. Any development standard not specifically addressed in this agreement as meeting City or JPA standards shall meet Lake County standards. Section 3. ANNEXATION 3.1 Owner agrees to annex Phase I into the CITY prior to the issuance of the first zoning clearance for Phase 1, Lots 1 - 139. The Owner also agrees to annex future phases of the subdivision into the City prior to the issuance of the first zoning clearance for each future phase. 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. The consideration to the Property Owner is the extension of City water and wastewater utility lines and infrastructure sufficient to serve the Highlands/Doudney Property, to said property. 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 Dale J. Ladd, President Highland Real Estate & Investments, Inc. 1135 East Avenue Clermont, FL 34711 Section 6. AMENDMENTS Any amendment to this agreement is not effective unless the amendment is in writing and Page 3 . . . 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 Dale J. Ladd as President of Highland Real Estate & Investments, Inc. DATEDthisot..1 day of ~ CITY OF CLERMONT ,2004. ATTEST: ~~ H â. urville, Jr., Mayor 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 acknowledgments, personally appeared Dale J. Ladd, President of Highland Real Estate & Investments, Inc., who provided identification in the form of or ~ personallv knoWlL 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 J 2 #I day of TuL!J ,2004. ~.~ Notary Public ~ 3\ ROChøIIe ThomJlÐOn \ ~; My CommillSion DD25e4D5 .. pJIY Expires October 110 2DO7 Page 4 . . . . . 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 acknowledgments, personally appeared Douglas S. Doudney, Doudney Investment, Co., wm,. pr~..;-j .-1 idŒtifis<>t;nn ;n thp fnrm 1'\+ -');..who is 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 .;¡ Afll day of n-. ' 2004. ~~~ """".. ~~~, SUSAN MCHENRY : ! '(0\ Notary Public. State of Florida :" . ¡ .MyCommission ExpiesNav9.2005 . ....~ Commission" 00041230 ....,, , Page 5 . " . , . . . EXHIBIT "A" The Southwest Y<i of the Southeast Y<i of Section 10, Township 23 South, Range 26 East, Lake County Florida AND The East Y2 ofthe Southeast Y<i of Section 10, Township 23 South, Range 26 East, Lake County Florida. LESS right-of-way of Hartwood Marsh Road.