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1999-56 4IRAY, HARRIS & ROBINSt .J. CHARLES GRAY GORDON H. HARRIS RICHARD M. ROBINSON PHILLIP R. FINCH PAMELA O. PRICE .JAMES F. PAGE, .JR. WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL, .JR, .J. MASON WILLIAMS, m LEO P. ROCK, .JR. G. ROBERTSON DILG CHARLES W. SELL .JACK A. KIRSCHENBAUM RICHARD E. BURKE GUY S. HAGGARD FREDERICK W. LEONHARDT BORRON .J. OWEN, .JR. MICHAEL K. WILSON .JEFFREY D. KEINER PAUL S. QUINN, .JR. DAVID L. SCHICK .JACK K. MCMULLEN SUSAN T. SPRADLEY MICHAEL E. NEUKAMM DONALD A. NOHRR PHILIP F. NOHRR WILLIAM G. BOLTIN, m R. LEE BENNETT TRACY A. MARSHALL .J. AVERY KIRST, .JR. WILBUR E. BREWTON KENNETH .J. PLANTE MICHAEL E. WRIGHT WILLIAM A. GRIMM KENT L. HIPP DONALD H. GIBSON PROFESSIONAL ASSOCIATION THEODORE L. SHINKLE .JOHN M. BRENNAN SCOTT W. SPRADLEY KIMBERLY NOWORYTA SUNNER MICHAEL .J. BITTMAN ATTORNEYS AT LAW SUITE 1200 201 EAST PINE STREET POST OFFICE BOX 3068 E-MAIL ADDRESS BRUCE M. HARRIS R. DEAN CANNON, .JR. FRANK A. HAMNER RICHARD A. RODGERS KELLY BREWTON PLANTE .J. SCOTT SIMS CATHERINE M. PECK LORI T. MILVAIN MATTHEW S. SMITH CHRISTINE A. NOWORYTA W. CHRISTOPHER BROWDER MARTHA H. MciNTOSH LISA A, SPECHT GREGORY W. MEIER GREGORY W. GLASS WILLIAM .J. DENIUS KURTIS T. BAUERLE DEREK E. BRUCE TROY A. KISHBAUGH PAUL H. CHIPOK RICHARD E. MITCHELL LOREN .J. KAHLBAUGH ORLANDO, FL 32802 - 3068 TELEPHONE 14071B43-8660 FAX (407) 244-5690 WEBSITE: www.ghrlllw.com WRITER'S DIRECT DIAL September 13, 1999 OF COUNSEL MALCOLM R. KIRSCHENBAUM SYDNEY L. .JACKOWITZ LILA INGATE McHENRY MICHAEL .J. CANAN ALISON M. YURKO Wayne Saunders City Manager City of Clermont One Westgate Plaza Clermont, Florida 34712-0219 Via Hand Delivery Our File No,: 40170-1 Re: Spring Valley Utility Service Agreement Dear Wayne: I am pleased to forward to you enclosed two original executed Utility Service Agreements between Spring Valley, Ltd, and the City of Clermont. After approval of these documents by the City Commission, please have the documents executed, witnessed, and notarized on both copies, Please have the City Clerk fill in the blank with the date the Utility Service Agreement is executed by the Mayor, Once this has been accomplished, please call our office and we will come and pick up one of the originals for recording. As soon as we know the cost of the recording, I will send you a request for payment of half that cost in accordance with §13 of the Agreement. Barry Goodman will pay the other half. As soon as we receive back the original executed recorded agreement, I will send that original to Barry Goodman and send you a true MELBOURNE (407) 727- 6100 ORLANDO (407) 843,8880 TALLAHASSEE (850) 222-7717 ,8 . GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION Wayne Saunders, City Manager City of Clermont Page 2 September 13, 1999 and correct copy of that recorded document for the City's records, keeping a copy for my records. If you have any questions or comments, do not hesitate to call me. Sincerely yours, Gìf¿; 0- Thomas A. Cloud, Esquire TAC:ds Enclosure cc: Dr. Barry S, Goodman Via Telecopy: 407 786-2993 John Froscher, P.E. 'RAY, IlA.:RRIS & ROBIN~N J. CHARLES GRAY GORDON H. HARRIS RICHARD M. ROBINSON PHILLIP R. FINCH PAMELA O. PRICE JAMES F. PAGE, JR. WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL, JR. J. MASON WILLIAMS, m LEO P. ROCK, JR. G. ROBERTSON DILG CHARLES W. SELL JACK A. KIRSCHENBAUM RICHARD E. BURKE GUY S. HAGGARD FREDERICK W. LEONHARDT BORRON J. OWEN, JR. MICHAEL K. WILSON JEFFREY D. KEINER PAUL S. QUINN, JR. DAVID L. SCHICK JACK K. McMULLEN SUSAN T. SPRADLEY MICHAEL E. NEUKAMM DONALD A. NOHRR PHILIP F. NOHRR WILLIAM G. BOLTIN, m R. LEE BENNETT TRACY A. MARSHALL J. AVERY KIRST, JR. WILBUR E. BREWTON KENNETH J, PLANTE MICHAEL E. WRIGHT WILLIAM A. GRIMM KENT L. HIPP DONALD H. GIBSON PRDFESSIDNAL ASSDCIATIDN THEODORE L. SHINKLE JOHN M. BRENNAN SCOTT W. SPRADLEY KIMBERLY NOWORYTA SUNNER MICHAEL J, BITTMAN ATTORNEYS AT LAW SUITE 12DO 2DI EAST PINE STREET POST DFFICE BOX 306B E-MAIL ADDRESS BRUCE M. HARRIS R. DEAN CANNON, JR. FRANK A. HAMNER RICHARD A. RODGERS KELLY BREWTON PLANTE J. SCOTT SI MS CATHERINE M. PECK LORI T. MILVAIN MATTHEW S. SMITH CHRISTINE A. NOWORYTA W. CHRISTOPHER BROWDER MARTHA H. MCINTOSH LISA A. SPECHT GREGORY W. MEIER GREGORY w. GLASS WILLIAM J. DENIUS KURTIS T. BAUERLE DEREK E. BRUCE TROY A. KISHBAUGH PAUL H. CHIPOK ORLANDO, FL 32802 - 3068 TELEPHONE (407)B43-8880 FAX (407) 244-5690 WEBSITE: wwwghrlew.com WRITER'S DIRECT DIAL OF COUNSEL MALCOLM R. KIRSCHENBAUM SYDNEY L. JACKOWITZ MICHAEL J. CANAN ALLEN R. GROSSMAN November 2. 1999 4537 3625 6253 Our File No.: 40170-1 Via Federal Express Patricia Maddox, City Clerk City of Clermont 1 West Gate Plaza Clermont. Florida 34712-0219 Re: Original Executed and Recorded Utility Service Agreement between City of Clermont, Florida and Spring Valley, Ltd. Dear Ms. Maddox: I am enclosing for your records the original executed and recorded Utility Service Agreement by and between the City of Clermont and Spring Valley, Ltd, If you have any questions, do not hesitate to call me. Thank you also for your assistance in this matter. Sincerely yours. ~a. ~ Thomas A. Cloud, Esquire GRAY, HARRIS & ROBINSON, P.A. cel Dr, Barry S. Goodman TAC:ps Enclosures F:\USR\PSTEWART\AL TAMONTE DEV 40170-1\city of clermont Itr 110299.wpd MELBOURNE (407) 727- BIOO ORLANDO (407) 843 - 8880 TALLAHASSEE (850) 222,7717 ';. .,. '.. . . . THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Thomas A. Cloud, Esquire @GRAY HARRIS & ROBINSON, P.A. '" 201 East Pine Street, Suite 1200 Post Office Box 3068 Orlando, FL 32802-3068 (407) 843-8880 Book 1763 Page 1647 1:Ef: '~7615 Pales: 1647 - 1659 FiIed & Recorded 10/28/99 10:17:29 AN JANES C. IIATKINS CLERK OF CIRCUIT COURT LAKE COUNTY 53.00 RECORDING $ TRUST FUND $ 7.00 For Recording Purposes Only UTILITY SERVICE AGREEMENT THIS AGREEMENT entered into this I day of ~~ 1999, by and between the CITY OF CLERMONT, FLORIDA, å municipal subdivision of the State of Florida (hereinafter referred to as the "City"), and SPRING VALLEY, LTD., a Florida limited partnership (hereinafter referred to as the "Owner"). RECITALS 1. The City is in the business of providing wastewater service to residential and commercial users in the City of Clermont and its surrounding areas. 2. The Owner is the owner of certain real property in Lake County, Florida, known as the Spring Valley Planned Unit Development, more particularly described in Exhibit "A" attached hereto (the "Spring Valley Property"). 3, The Owner is in the process of obtaining the final approvals for the Spring Valley Property which consists of plans for approximately four hundred eighty-three (483) residential lots and approximately one hundred sixty thousand (160,000) square feet of commercial development, or as it may hereafter be amended (hereafter "PUD"). 4. The Owner has requested the City provide wastewater service to the PUD planned on the Spring Valley Property per the amended plans submitted to Lake County as of the date of this Agreement. ø "'. " . . Book 1763 Page 1648 5. In the original approvals of the Spring Valley Property by Lake County, the submitting entity originally intended to design, permit and construct an on-site temporary wastewater treatment facility on a portion of the Spring Valley Property. 6. Since the time of this original submission to Lake County, the Owner and the City have agreed that the Owner will be able to obtain Wastewater Service Capacity from a central wastewater facility and associated off-site facilities (the "City's Plant") which has been completed and is located to the southeast of the Spring Valley Property across Highway 27. 7. I n order to receive Wastewater Service Capacity from the City, the Owner has agreed that it will contractually cause the developer of the Spring Valley Property to extend the necessary pipeline facilities to serve the Spring Valley Property to the manhole located east of Highway 27, which will then be connected to the lift station (the "Lost Lake Lift Station") to be constructed by Jaymark Builders & Developers, Inc. on the Jaymark property located across Highway 27 to the east of the Spring Valley Property. The Owner has agreed to pay its fair hydraulic share of the Lost Lake Lift Station relative to the ultimate capacity of the Lost Lake Lift Station as further defined below. In return for this, the City has agreed to maintain adequate capacity in the Lost Lake Lift Station to handle the sewage generated from the PUD on the Spring Valley Property as set forth below. 8. Under certain conditions, the City may cause one of the two (2) lift stations (the "Southwest Lift Station" as defined in Section 3 below) located within the PUD to be oversized as defined below at City expense. 9. The City has agreed to provide Wastewater Service Capacity under the terms and conditions contained in this Agreement. 10. The City and Owner hereby covenant and agree that they have the power and authority to enter into this Agreement and bind themselves according to the provisions of this Agreement. 11. The City and Owner agree that this Agreement is entered into under the City's proprietary, and not governmental, capacity. ACCORDINGLY, in consideration of the promises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above Recitals are true and correct, and form a material part of this Agreement. Section 2, Definitions. The parties agree that in construing this Agreement, the following words, phrases, and terms shall have the following meanings unless the context requires otherwise: 2 ~ "'. " . . . BOOk"63 Page 1649 2,1 "Agreement" means this Utility Service Agreement between the City of Clermont and Spring Valley, Ltd, 2.2 "City" means the City of Clermont, Florida, a municipal subdivision of the State, 2.3 "City's Plant" means the wastewater transmission, treatment and effluent disposal facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains and appurtenant equipment to be constructed off the Spring Valley Property by the City, or by others and dedicated to the City, to provide Wastewater Service Capacity to the PUD on the Spring Valley Property. 2.4 "Collection System" means the lines, pipes, meters and appurtenant equipment used to collect and transmit wastewater to the City's Plant to be designed and constructed in phases by the Owner on the Spring Valley Property, 2.5 "County" means lake County, Florida, a political subdivision of the State. 2.6 "GPD" means gallons per day on an annual average basis. 2.7 "Owner" means Spring Valley, Ltd., a Florida limited partnership. 2.8 "Spring Valley Property" means the Spring Valley Planned Unit Development as described in Exhibit "A" attached hereto, 2.9 "Utility Benefit Fees" means those impact fees established by the City and charged to new construction that is provided with wastewater services as set forth in Chapter 2, Article VI, Division 2, City Code, or as amended from time to time. 2.10 "Wastewater Service Capacity" means the rate of Sewage flow measured in GPO for which wastewater Facilities are designed and are capable of collecting, transmitting, treating and disposing, in accordance with applicable governmental requirements and regulations. Section 3, Construction of On-Site Wastewater System. The Owner shall design, construct and install an on-site wastewater Collection System and Off-Site Force Main (the "Collection System") to service the PUD to be developed on the Spring Valley Property as generally depicted on Exhibit "B" attached hereto and incorporated herein. The portion of the Collection System located within the Spring Valley Property shall be constructed in phases by the Owner at no cost to the City (except as provided below), and designed to the City's current engineering design standards approved by the City, with such approval not being unreasonably withheld or unreasonably delayed. The Collection System shall include all wastewater mains, meters and other equipment necessary to provide central Wastewater Service Capacity to all future residents of the Spring Valley Property and shall 3 ~ ,. .' . . Book 1763 Page 1650 meet all applicable local, state and federal regulations for a wastewater collection system. The Collection System will include two (2) lift stations, one of which may be oversized at the City's option and expense (the "Southwest Lift Station"). The Owner shall control, in its sole discretion, the construction of its two (2) on-site lift stations but shall reasonably cooperate with the City in the exercising of its over-sizing rights as set forth in this Agreement. The Owner shall provide written notice to the City of its intended commencement of construction of either the Northeast Lift Station or the Southwest Lift Station. The City shall then have sixty (60) days from the date of receipt of said notice to send written notice to Owner exercising its option to oversize the Southwest Lift Station, specifying the total oversized hydraulic volume of the Southwest Lift Station. In its written notice to exercise the option, the City shall specify the size, configuration, and all other necessary details to enable the Owner to construct the oversized Southwest Lift Station with no delay to the development of the PUD. The City will only be oversizing if Bosserman and/or Bornstein, its successors or assigns as the owners of their respective properties proximate to the Spring Valley Property notify the City of their desire to connect and pay their respective fair hydraulic shares of the oversized Southwest Lift Station. If neither Bosserman nor Bornstein notify the City such that the City exercises the option, then City agrees and consents to Owner filing an amendment to its FDEP application to downsize the Southwest Lift Station. If the City exercises its option to oversize the Southwest Lift Station then the Owner shall be required to pay only its fair hydraulic share based upon the ratio of the sewage flows it contributes (which the parties agree is 99,000 gallons per day, average annual basis) to the oversized Southwest Lift Station. All other costs to be paid by the City, At the same time it sends the notice of intended commencement, the Owner shall provide to the City a certified cost estimate for the oversized Southwest Lift Station along with all appurtenances and lines and the hydraulic share schedule and cost breakdown from a reputable Central Florida contractor not related to the Owner. Within ten (10) days of FDEP certification of the Southwest Lift Station and receipt of all certificates and upon inspection and acceptance of the Southwest Lift Station, appurtenances, and piping by the City (which shall not be unreasonably withheld), the City shall pay to the Owner the total amount due for oversizing. Should the City fail to timely accomplish any of the events set forth herein as to notice regarding oversizing the Southwest Life Station, then the City's right to have the Southwest Lift Station oversized shall automatically terminate. Once the City has given notice that it wishes to have the Southwest Lift Station oversized, then the City shall be contractually obligated for all reasonable and ordinary costs expended by Owner related to the oversizing by Owner. Nothwithstanding anything to the contrary set forth herein, the City shall accept the Collection System (including the two lift stations) as phases thereof are completed by the Owner, Furthermore, the City agrees to reserve adequate hydraulic capacity in the Northeast Lift Station for all flows generated by the Spring Valley PUD that go to the Northeast Lift Station and such hydraulic capacity shall be made available when needed by the Owner. The City shall be provided warranty deeds for the lift station sites and bills of sale for equipment and lines to be transferred to the City. The City shall use its reasonable best efforts to assist the Owner in obtaining any applicable governmental approvals required by virtue of this Agreement. 4 f} " .', . . Book 1763 Page 1651 Section 4. Provision of City's Plant. The City has previously constructed or shall construct all necessary wastewater treatment and effluent disposal facilities necessary to provide Wastewater Service Capacity under this Agreement. 4.1 Off-Site Force Main. To extend Wastewater Service Capacity completely, the Owner will cause to be designed, permitted, and constructed an Off-Site Force Main traversing U.S, Highway 27 from its proposed Collection Facilities to a point of connection into a manhole which is connected to the Lost Lake Lift Station of sufficient size to serve the PUD, The City agrees to timely obtain at its expense via purchase, grant or condemnation easements and other interests in real property necessary to permit Owner to construct the said Off-Site Force Main to the point of connection as depicted on Exhibit "B" hereof such that there is no delay in the development of the PUD, except that the Owner shall be required to obtain all necessary permits, easements or other necessary approvals for crossing Highway 27, If the City desires said line to be oversized, then it shall exercise and pay for its option to oversize this Off-Site Force Main in the same manner at the same time, and subject to the same requirements applicable to its option to oversize the Southwest Lift Station. Furthermore, the City shall have an additional option exercisable in the same manner at the same time to oversize that portion of the Off-Site Force Main which will traverse U.S, Highway 27 to the manhole east of U.S, Highway 27 from 6" diameter to 8" diameter and the Owner shall be entitled to credits against Utility Benefit Fees (wastewater impact fees) in the amount of the material costs difference between the six-inch (6") diameter and eight-inch (8") diameter material, plus any additional material costs incurred by virtue of the Owner having to increase the diameter of its Collection Facilities that connect into the off-site Force Main, At the time the Owner receives a bid for materials, the Owner shall provide the City with a certified quote of the price from a reputable Central Florida contractor not related to the Owner. The City hereby consents to Owner's use of its right-of-way, easements, and other interests in real property to construct said Off-Site Force Main, and the Owner agrees to convey the said Off-Site Force Main to the City upon completion, subject to the City's reservation in favor of Owner of adequate hydraulic capacity to accommodate all sewage flow from the PUD, Notwithstanding anything to the contrary, the City may exercise its option to oversize the Off-Site Force Main under this Subsection 4.1, whether or not the City receives notice from the owners of the Bosserman or Bornstein properties pursuant to Section 3. 4.2 Lost Lake Lift Station. The City covenants and agrees that it shall acquire or otherwise condemn an adequate interest in real property to construct the Lost Lake Lift Station as depicted on Exhibit "B" hereof. The City shall then, at its initial expense design, permit, and construct (or cause others to design, permit, and construct) the Lost Lake Lift Station with a hydraulic capacity of sufficient capacity to accept Spring Valley's flows as described in this Agreement. Within ninety (90) days after the date of execution of this Agreement, the Owner shall pay to the City up to a maximum the sum of $183,815,00 as its fair hydraulic share of the Lost Lake Lift Station, If the Lost Lake Lift Station total costs are less than $1,549,483.00, then Owner will pay a lesser amount, based upon the Owner's fair hydraulic share, The Owner shall not be required under any 5 ~ ,'" ", . Book 1. Page 1652 circumstances to pay any additional funds for the lost lake Lift Station. The City hereby reserves 160,900 GPD of hydraulic capacity in the lost lake Lift Station for the benefit of the Owner to accommodate the sewage flows from the PUD, Section 5, Provision of Wastewater Service Capacity, Upon completion of construction of any portion of the Collection System and off-site force main and delivery of the appropriate transfer document, the City shall accept said facilities, Upon acceptance of the first phase of Collection System including the Off-Site Force Main to the lost lake Lift Station, the City shall provide Wastewater Service Capacity to the PUD through the Collection System, The residents shall be customers of the City. The City shall have the sole responsibility for all aspects of providing Wastewater Service Capacity to the customers. The entire Collection System shall at all times be maintained, operated, repaired replaced and kept in a reasonable condition by the City in a manner which complies with all applicable rules and regulations of all local, state and federal governmental entities. The Owner agrees to execute and deliverto the City any documents or instruments necessary for that purpose. Section 6. Allocation of Wastewater Service CaDacity: Payment of Utility Benefit Fees, In consideration of the Owner's financial commitments outlined herein, the City hereby allocates and reserves for the Owner, Wastewater Service Capacity in volume necessary under the City's Code to provide Wastewater Service Capacity to the 483 lots and 160,000 square feet of commercial development, which equals one hundred sixty thousand nine hundred (160,900) GPD. The Owner shall pay the City Utility Benefit Fees (a.k.a, wastewater impact fees) at the same amount as is charged to owners and customers within the City for the Wastewater Service Capacity that the City will provide to each lot and commercial parcel to be developed as a part of the PUD on the Spring Valley Property in the manner set forth hereinbelow. The Utility Benefit Fee shall be the same fee which the City charges to others within the City limits pursuant to Chapter 2, Article VI, Division 2, City of Clermont Code. Within ninety (90) days from the date of execution of this Agreement, the Owner shall pay to the City Utility Benefit Fees for the first fifty (50) equivalent residential connections ("ERCs") of wastewater service. In the event that the Spring Valley Property is annexed into the City of Clermont, the date for the above obligation to purchase fifty (50) ERCs shall be the first business day after the Spring Valley Property has been annexed into the City of Clermont and all approvals for the development of the Spring Valley Property have been obtained, both not being subject to recission or appeal. Within eighteen (18) months after such initial payment has been made to the City, the Owner shall pay the Utility Benefit Fees for an additional fifty (50) ERCs of wastewater service, Additional purchases of fifty (50) ERCs of wastewater service shall be made on or before the anniversary date of the second purchase of ERCs until all needed wastewater service capacity has been purchased. The City acknowledges that the plans may be modified due to pending road plans by various entities and the economic conditions as they may change from time to time, and that this may modify that needed wastewater service capacity, Nothing contained herein shall prohibit the Owner from purchasing more than fifty (50) ERCs of Wastewater Service Capacity in any given calendar year, but any ERCs purchased in excess of the fifty (50) ERC annual mandatory purchase shall be subtracted to reduce the next year's mandatory purchase. 6 ~ ", . . Book 1763 Page 1653 Section 7. No Guaranteed Revenue or Stand-Bv Charge or Fee. In consideration of the line to the Lift Station, the contribution for a portion of the cost of the Lift Station and the cooperation in sizing the lift station(s) to be located on the Spring Valley Property to accommodate other potential users of the City's system, the City agrees that the Owner shall not be charged or required to pay any guaranteed revenue or stand-by charges or fees. Section 8, Aareement with Utilities. Inc. In the event that Utilities, Inc. provides potable water to the Spring Valley Property, the Owner agrees to cooperate with the City in attempting to obtain an agreement with the City and Utilities, Inc., to provide for termination of water service to individual customers within the Spring Valley Property for failure to pay monthly sewer bills of the City. Section 9, Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the City, the Owner and their respective assigns and corporate successors by merger, consolidation or conveyance. Section 10. Notice. All notices provided for herein shall be in writing or by telegram, and shall be mailed by registered or certified mail or delivered to the addresses shown below, which addresses may be changed by either party giving proper written notice to the other as provided herein. Owner: SPV Corporation, General Partner Spring Valley, Ltd. 2909 W. State Road 434, Suite 121 - 131 Longwood, Florida 32779 Attn: Barry S. Goodman copy to: Thomas A . Cloud, Esquire Gray, Harris & Robinson, P.A. 201 E. Pine Street, Suite 1200 Orlando, Florida 32802 copy to: Harold Scherr 2909 W. State Road 434 Suite 121-131 Longwood, Florida 32779 City: City of Clermont, Florida Post Office Box 120219 Clermont, Florida 34712-0219 Attn: Wayne Saunders, City Manager 7 ~ . Book ~3 Page 1654 Section 11. Governing Law/Effective Date. This Agreement shall be governed by the laws of the State of Florida, and it shall be and become effective immediately upon execution by both parties, Section 12, Construction of Agreement. The parties hereby acknowledge that both parties participated equally in the drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than the other. Section 13. Recordation of Agreement. The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded at the expense of the owner and the City (said expense to be shared equally by the parties) in the Public Records of Lake County, Florida. Section 14. Entire Agreement/Modification, This instrument constitutes the entire agreement between the parties and supersedes any previous discussions, understandings and agreements. Modifications to and waivers of the provisions herein shall be made by the parties in writing. Section 15. Assignment. This Agreement is freely assignable by either party. Section 16. Cumulative Remedies: Specific Performance. Remedies provided to the parties by this Agreement, at law, and in equity are cumulative. No remedy shall be exclusive of any other remedies. A party's exercise of any particular remedy shall not preclude that party from exercising one or more additional or alternative remedies, Without limiting the foregoing, the parties expressly acknowledge the remedy of specific performance is an appropriate remedy under this Agreement, and may be exercised in the event of a party's default. Section 17. Covenant on the Land. This Agreement will constitute beneficial and negative covenants running with the land in perpetuity for the Spring Valley Property, and will bind and inure to the benefit of the successors-in-interest of the Owner. Section 18. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 8 ~ " . BOOk8763 Page 1655 IN WITNESS WHEREOF, the City and the Owner have executed, or have caused this Agreement to be executed, in several counterparts, each of which counterpart shall be considered an original copy of this Agreement. Signed, Sealed and Delivered in the presence of: "CITY" ~ CITY OF CLERMONT, FLORIDA BY:~ Name: HAROLD S. TURVILLE. JR. Title: MAYOR Print PATRTr.T A I MAnnnx "OWNER" SPRING VALLEY, LTD., a Florida limited partnership ...~. 'Novotny / I BY: SPV Corporation, a Florida corporation, general partn By: Name: Title: Lisa Knowles 9 ,. I . . Book 1763 Page 1656 STATE OF FLORIDA COUNTY OF LAKE ~The foregoing instrument was cknow dged before '71e this ~ day of , , ~ 1/1 /, 1999 by 'd /,", as. t:V; '"'"" of thé CITY OF CLERM NT, FLORIDA, a municipal subdivision of the Sta e of Florida. He/she is personally known to me or has produced as identification and did/did not take an oath. (SEAL) Print My commission expires: l;:.*!/.'Ht:, PATRICIA L. MADDOX i*:' '.% MY COMMISSION # CC 776048 ~;., . EXPIRES: September 17, 2002 '/I, Bonded Thru Notary Public Underwriters STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing i . ument was acknowledged before me thi~:ay ~-¥-' 1999 by Barry S. Goodman, as re~ \'.DenT of SPV Corporation, a Florida corporation, general partner of Spring Valley, Ltd., a Florida limited partnership. He is personally known to me and did not take an oath. ~ J1 JOANNEHU6HEY Print Oili~" . -~ (SEAL) Notary Public. State of Florida My coIIIIII. expo Feb, 15. 2003 COnKn. No. CC803380 10 407 774 4002 TO: 407244 5690 LEGAL DESCR~ION 1-'k:J"s .. JUt-,ll 10 '99 14: 46 COMMONLJEA I TH . O)~ c: 0 iE..... ~J! "õ:! è: == c: .c:::J ~~~ -J:¡:oiÐ .. .§ E go..iJ lf1ð.g - ~.!!! -= ,-..c: 0.. ..... ~.S Al,I1r.Kr. 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'LOIlmA IN tV'ICLa 1l8C'tJRD BOor 11?8, AlGI 1600, PU.BLI'C RlC'ORDS f»" J..Ua cot/NrY. ,I.DRlDA, bRei./. f'HRU THI SOtJTHITIST 1/-1. 0' THA' NORT'H1I'IS'r 1/-1. 0.1' rHZ JlfJR11IØSf' 1/-1. AND rus rEST 1/1 tU' 1'/11 SourHKAST 1/-1 f»" 1'HI KOIl1'HØS1' 1/4 01' 1'HI NfJlf1'l1ØS1' 1/4. AND THI "ST 1/11 OF THS NdRrHE.fS1' 1/4 0' 1'HI 9OurHnsr 1/4 OF THA' NtJRTHnSr 1/4. .4ND THE NOR1'HIT8Sr l/i (U rks 90urH1f1fSf' 1/4 OF Tia NDRTHITISr 1/4. .AN1J Tn ZASf' 1ft 0,. THI NOIlTHSASI' I/~ OJ' TNX SOU17lrAST ,/1 (U' TDI JltJRrarzST 1/1. AND rHI SOU1'H 1/-1 OF 1'HS NDRrHFISr 1/4. ALL BEJNr; IN SAY:TltJN If. trJTNSHlP Jl,J SOU1'H. /UNCI J/6 lAST. PUBLlC'RECORDS 0' l.fJa COUNTY. TLQ/UJJ.4. FOIUII'RLT JJrSauBrD AS: TRACT " 'EST" 1/11 0' r/lAC1' fO, ~sr 1/1 OF T/U.CT :11, Frsr 1/)1 OF TRACT Jt3, TRACt'S 84. Aó, H. I" ..tHO 'z8. ACCOJUJ/NC TO mE MONTI n:s7'A P.uur .1'UlJIS PLAr OJ' 9A't:rION 6, TOr~NIP A3 SOUTH. /UNCI JlØ ~sr. AS /fICOIU)ID IN PlAr 80or I. Nt:K A.,. PU8.I.R: Rl'CORDS 0.1' /.AD COUNrT. ,l.ORlJU. SUD LANDS VAarlD AS TO PUBLIC IUCHrS ONLT 8T /lI'SOLlITTON BY TRI ßO.ARJ) OJI' COUNTY COJIIIISSlONI./lS OF .LUa COUNTY, ,LORIDd IN OFFiCLU. JUCQ/U) IJ()(JJr 1JlV8. PilCI /f00. PU81.1C /lI't:ORDS OF LAIŒ COUNTY. FLOJUJU. AlRaL FOUR TNI N()RTHKAST 1/4 OF 11/1 NfJRr/IrESt' 1/4 OJ' reI NrJIlrHØ9T 1/-1. AND THZ ZASf' 1,/:1 fJF TNA'SOUTHEAET 1/4 OF rHI NORrH1Tlsr I/~ 01" TNI NtJIlTHnn' 1/-1. AND 1"H1' IASf' 1/1 OF THI KDRTHIAST 1/~ (U THI SOUTHFllST 1/¿ OJI' TNA' NOIlTHITIST 1/4. AND rHZ Nt2R17ID'sr 1/4 OF THE SOU1'HE.A.ST 1/4 fJF I'HE JlDRf'R7ESr 1/-1. AND na ntSf' 1/'1 OF I'HI NOlfrHEAST 1/-1 OF TNI SOl/TH.£f.ST 1/4 0.1' Tnl NOR1'HFZST 1/4. AJ.J. JU'IJ((; . IN SIt:rJON 6. TOrNSH7P.JI!I 5'DU77I. RANGif I. &1ST. PV.B/JC RrCtJRl)S fU L.UC1f COllKrT. 'LORIDA. TtJIUIIRLr JJrSCRl.JlED AS: TRACT? TNI' 8AST I/Jl OF T/lACI' 10. ØST 1/.1 OF TRACT 61. T/Ut:r U. .ÐST 1/1 OF T~Ct' AS. AfX'ORD/NC trJ rHI J/rJN7'1' nosrA AUlJf TARNS PLlI' OF SI't:1'JON 6- ro'IfNSR/P Z,J SOUTH. JUN(;I I."ZA.ST. AS" RECØRJJlD ,IN pur BOOK.t. No" 11'. Pt/ßJJt: IfICO/U)S 0.1' LAD COuarr. 'LORlJJL SAl'D LANDS VACÅn'D AS TO PO/J/JC IU~ ONI.T BY RlSO/.UTIDN BY 1'HI J1QAJU) OJI' COt/NrY COIIIIISSJOJfZRS' fU LÄXZ COUNTY. TLtJR/.lJA IN aFFlCJ.U. RICO/U) IJOOJr IAVB. PACI '600. PU8LI'C RXC'ORDS OT LAKJr CDUKTT. .1'LORIIJA. PARCII. Tn7/' f'H1 NDRro&Csr I/¿ OF rHA' NDR1'IfUsr 1/4 OF S'ICTION 6. 1'Ø'lfNSH1P.la SOUTH. JUHf:I .16 lAST. UJCIf COUJITT, FLDRJDA. &'fJlf8INI.D ABOW AUlClLS CON1'AlH J/J!3.~ ACRIS OR 8, Na.88tH sqllARl FlIT. PARaL sa TVI NORrH 100 FUr O/' rNA' NDRTH£4ST 1/4- OJ'gCTIOK 5. I'OI'NSII1P A/l soll1'N. IU.Nr;I 3. Æ.fST, LYING 'EST fV' u.s. II1t:IIFAY NO. 11'. r...ua COUNTY. 'LQ/UJJ.4, WNIm; mERlIN I. ~( ACRIS MrJRI DR Uss. !EXHIBIT . . "A" :I~~ 1 of 2 ~ P.03 . - ._-- """'" ..,..,.. """""" qq~ :. JU~ 10 '99 14:47 COMMONWERITH ~~ :,;;;¡.9 ,~ .M "- QIþ : o:¡::; , ~ I \ .-- c: :.õ ::J , ÕI 0)"" 01c:C: -/:ï=. ...§ E Oo.¡J i!iõ-8 ~ ~.!! == 'èi:S ~.5 " §I z .- ::g 407 774 400d IU: 4~(¿44 :Jb':;l~ ""'~'I NORTI4 Book 17631 Page 1658 -, - ,,-'" ~~j;~" ~ LJ; "":::::-=~ 9CAl..& r-zøo" S.H. 50 -~~ - _d_- 3029 ..- "3iTJ2" ..Low mu....AD 31 32 ..._.__..'~' 6 5 -, .., ... . ............ ....",. 6~ 7 e ( 0 :) Co. >- ~ ~ > " z Œ Co. In / S!4 _oo_--- . "--""'- " .----' 819 VICINITY MAP . "EXHIBIT.; ":.:' !. .. ' :~I"..:"" ',' .. A ~~<~,~i# ; ,:< ,.1;,,:" '"2" f'" '2'"",Ijf¡" ,"', ::i¡"~~;{..'.'"O';;~~i'" ~ ,,(';1'" ..,..", A(';I(';I, qq" P.04 " . .,.. . OJ~ :~j \ -<8. 0:0:3 ~~ D ::J . t» OJ"" ~:§i .. ,5: E 0 a. it ,,-- .... 0 r.~ 0 "0 i,:J C) '" ~ C:'- E:.; . ã. :6 z..5 . Page 1659 EXHIBIT "B" ... 0 " T II 0 8C.\LE< f-«lt1 START POINT OF CITY'S ALTERNATIVE OPTION A\o1TY SEWER UNE (TYP.) OVERALL SITE MAP ~ -ri . . "'- ~ ~ ~ ~ -'" ----u----~ CITY'OF CLERMONT OHice of the City Manager August 15,2000 Mr. Marco H. Rocca, C.M.C. Senior Associates HARTMAN & ASSOCIATES, INC. 201 East Pine Street Suite 1000 Orlando, Florida 32801 -, Re: Financial Feasibility Report-Additional Services Dear Mr. Rocca: Enclosed is the authorization for additional services associated with the Financial Feasibility Report for the proposed utility funding activities and approved by the City Council at their meeting held August 8, 2000. This acknowledges the extension to the agreement HAI#99-335.00 dated August 18, 1999. Sincerely, ~~ j tlkof/~ Patricia L. Maddox Deputy City Clerk :PLM Enclosure P.O. BOX 120219 . CLERMONT, FLORIDA 34712-0219 . PHONE: 352/394-4081 ...-." ~~~'~""A A ,~.... .. . . HARTMAN & ASSOCIATES, INC. PRINCII'ALS: engineers, hydrogeologists, surveyors & management consultants ASS! )CIATF-~. James E. Chris"'pher,I~E. Charles W.Drake. P.G. Ger.ld C. lIarlman, P.E. Mark I. l.uke,I~S.M. ,\¡:lrk A. Rrnning,I~E. Harold E. Sehmidt,Jr. P.E. William D. Musser, P.E. July 21, 2000 HAl # 99-335.00 J. Richard V,x>rh('Cs. P.E. Douglas I~ Dufresne. P.G. Roderick K. C.ashe.I~E. Jon D. Fox. P.E. James E. Golden. P.G. Tror E. 1.aI,on.I'E Alicia E. Oller, M.S. And"-,,,'l:Wucxlcoek,P.E. l.awrenee E.Jenkins, P.S.~I. DarrIC.Walk.P.E. Gl2nl c:. Malchow. M.II.A. Jnhn P.T(xlmer. P.E. WThomas Rnhcr!s.III.I~E. SENIOR ASSOCIATES: C. ].aehan' Fuller,I~E. Marco H. Rocca. C.M.C Mr. Joseph Van Zile Director of Finance City of Clermont 1 Westgate Plaza Clermont, FL 34711 REGIONAl. MANAGERS Michael II. lIomar Mark A. Gabriel Subject: Financial Feasibility Report - Additional Services Dear Mr. Van Zile: This letter is to confirm our conversation on July 20, 2000 concerning the additional services associated with the Financial Feasibility Report for the proposed utility funding activities. It has been requested that the computer spreadsheet feasibility model developed for the Consulting Engineer's Report be extended to include ten years of projected activity. Pursuant tb the request the Consultant will increase the capabilities of the computer feasibility model to project 10 years of utility activities and make copies available to the City. It is the Consultant's understanding that the additional five years of projections are for selective information purposes to be used by the City and the Financial Advisor for bond rating and insurance purposes only. Such projections will utilize similar assumptions and constraints as previously developed for the five year projection model. It is further understood that the Financial Feasibility Report, to be issued by the Consultant, will be limited to five years of projections. The cost associated with the expansion of the computer feasibility model and discussions with City staff and the Financial Advisor is estimated not to exceed Nine Hundred Dollars ($900.00) plus reimbursable expenses. Please acknowledge acceptance of this extension to the agreement HAl # 99-335.00 dated August 18, 1999 by signing and returning one copy. Should you need clarification or assistance with this extension, please feel free to call. Very truly yours, Hartman & Associates, Inc, Marco H. Rocca, C.M.C. Senior Associate City of Clermont ~£L -'-., ~~ ut onzed Signature ðe;- - l"5"" .. ad Date M HR/jev /99- 335. OO/corresplV anZile.mhr 201 EAST PINE STREET. SUITE 1000 . ORLANDO, FL 32801 TELEPHONE (407) 839-39;5 . FAX (407) 839-3790 . www.conslilthai.com ORLANDO FORT MYERS PLANTATION JACKSONVILLE DESTIN