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~'.C\~ OT S W DATE: 04/21/2004 08:55:01 AM
fIO'eo'¥. I~~\'\ E ER SERVICE AGREEMENT JAMES C. WATKINS, CLERK OF COURT
('{«moJ, Çl,. This document constitutes an agreement between the CITY of Clermont, hereby referred to as
'3l.\'1\> CITY, a municipality of the State of Florida, and Banyan Homes, a corporation, and its
successors or assigns, hereby referred to as OWNER.
.
LAKE COUNTf-
RECORDING FEES 17.00
TRUST FUND 2.50
Whereas, OWNER is proposing to develop a 135 lot residential subdivision, known as the
Timberlane Subdivision, which is located on real property (the "Property") described as Exhibit
"A" and attached hereto; and
WITNESSETH
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER
is requesting sewer service from the CITY; and
Whereas, as a condition of CITY providing said sewer service to the Property, OWNER is to
extend sewer lines to serve the Property and Iin9s 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
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Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the sewer
lines and appurtenances in order to provide additional capacity to other properties; and
Whereas, as a condition of the provision of 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 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 - Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement.
1.1
1.2
1.3
1.4
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1.5
CITY shall provide sewer service for the Property.
OWNER shall connect to the existing City system at connection point or points approved
by CITY.
The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
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. The OWNER shall upsize the lift station in the Bent
Tree Subdivision as required by the CITY to accommodate flows from the Timberlane
Subdivision.
In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
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1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
OR BOOK 02551 PAGE 0705
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 sewer is
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 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 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 sewer lines and appurtenances, both on site and off site,
required to serve the Property, with reimbursement for the difference in cost of materials
for upsizing of utilities in the form of Impact Fee Credits. .
The Impact Fee Credits shall be established subject to Sections 1.9. 1.10, and 1.11, and
at the time of issuance of each building permit the then current impact fee 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 above 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 Joint Planning Area 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
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OR BOOK 02551 PAGE 0706
application by the undersigned owner to annex the property described herein, 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
Banyan Homes
301 N. US Highway 27, Suite G
Clermont, FL 34711
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 City Manager, authorized to execute same by City Council
action, and OWNER through
DATED this~3\~ay of -n1.o..rc.-~
, 200$-,
CITY OF CLERMONT
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Harold Turville, Mayor
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OR BOOK 02551
PAGE 0707
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OWNER
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n, enior Vice President
STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before~oe~ du~¥ autl}orized to admi~er oaths
d take ac wledgIl!ents, personally appeared lJtUVl~ as~(. V . T" of
- - - ¿3 who provided identification in the form of or who is
ersona ly kno to be the person described in and who executed the foregoing, and that he
ac ow e ged before me that he executed the same. -
Witness my hand and official seal this ~ day of {; I
'ct ~ 4b» .
Notary Public \
200 V.
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l~.\'!Iy.f~ Lisa Howard
~{'ì~~}1 MY COMMISSION # DD208606 EXPIRES
~;:~~ May " 2007
"'I1~I~~' 80NDEDIHRUTROYFAlNINSURANCi,INc.
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