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2004-09 .J~' è~ R-C>~~~~ --.1111 'lilli' 11111111111'11111111 III II III II In 8' ..' .. ... . .--- CFN 200405165':1 . Ok 02551 Pgs 0708 - 711; C4pgs) DATE: 04/21/2004 08:55:01 AM WATER SERVICE AGREEMENT JAMES C. WATKINS, CLERK OF COURT This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Larry A. Grimes, an individual, and its successors or assigns, hereby referred to as OWNER. ------------ ------- LAKE COUNTY RECORDING FEES 17.00 TRUST FUND 2.50 . WITNESSETH Whereas, OWNER is proposing to develop a six lot residential subdivision, which is located on real property (the "Property") described as LAKE HIGHLANDS CO. 23-22-26 TRACT 37, S Yz of RD. RIW ADJOINING ON N SIDE, PB 4 PG 11; and Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is requesting water service from the CITY; and Whereas, as a condition of CITY providing said water service to the Property, OWNER is to extend water lines to serve the Property and lines and appurtenances must be sized to meet the minimum requirements of CITY Land Development Regulations al1d 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 lines and appurtenances in order to provide additional capacity to other properties; and Whereas, as a condition of the provision of water 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 - 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 1.5 . ClTY shall provide water 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 ascertai.n that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 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 . , -" I .. .. '", , . . . 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 DR BOOK 02551 PAGE 0709 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 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 water 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 water 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 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 herein, into the City of Clermont, which right to annex the City may exercise at any time in the future. Page 2 ..- . i > OR BOOK 02551 PAGE 0710 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 Larry A. Grimes P.O. Box 770545 Winter Garden, FL 34777-0545 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 J3'cJ. day of ('(\0 \c.k , 200:t. CITY OF CLERMONT ~ ~ Harold Turville, Mayor . Page 3 ..- I . . . . . . . OR BOOK 02551 PAGE 0711 OWNER ,.. The quality of this image is equivalent to the quality of the original document. STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day, before me, an offi er duly authorized to administer oaths and take acknowledgments, personally appeared . as &l.4) n e..f'. .tf.r who provided identification in t form of .f:L.ÞL b (,.s~.SZl.3Yõ/f,to is personall 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 J ~ day of 200Ø . 11M"" . IiDlalrNlle.8aII"1IIIIiII . Mra....MI.""'Marf.- . ~...,."..CCtIn.. Page 4