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Contract 2021-048A2021-048A Utility Impact Fee Credit Agreement This Utility Impact Fee Credit Agreement (this "Agreement") is made and entered into between the CITY OF CLERMONT, apolitical subdivision of the State of Florida, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City") and SOUTH LAKE CROSSINGS I, LLC, a Florida limited liability company ("SLC I"), and SOUTH LAKE CROSSINGS III, LLC, a Florida limited liability company ("SLC III"), and their successors and assigns (SLC I and SLC III are collectively referred to as "Developer") (the City and the Developer are together, the "Parties"). WITNESSETH: WHEREAS, Developer is the owner of certain real property located in the City of Clermont, Lake County, Florida as more particularly described and shown on Exhibit A attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, in accordance with Planned Unit Development (PUD) Ordinance No. 2019- 06 adopted by the City of Clermont City Council (the "Wellness Way PUD"), the Property shall be developed for up to 1,850 dwelling units (the "Project"); and WHEREAS, it is mutually understood by the Parties and agreed to by the Parties, that the Developer has agreed to construct certain improvements that are not required to serve Developer's Project and, therefore, provides a benefit to City's overall water and wastewater utility system; and WHEREAS, the Parties desire to reduce to writing, and have ratified and confirmed, the specific terms and conditions of their understanding and agreement related to the Developer's construction of the Improvements described herein, as well as Developer's entitlement to impact fee credits from the City for the Developer's fulfillment of the same. NOW, THEREFORE, for and in consideration of the mutual terms, understandings, conditions, premises and covenants herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct, and are hereby incorporated as a material part of this Agreement as if fully set forth herein. 2. Construction of D rovements. Developer hereby acknowledges and agrees that Developer shall, at Developer's sole expense, design and construct the following utilities (together, the "Improvements") as set forth in the Construction Plans for Wellness Way Off -site Utilities and Master Lift Station (SITE2105-0002) prepared by VHB, dated May 6, 2021, which will receive final approval by the City of Clermont. The approximate location and dimensions for the force main and potable water main (collectively, the "Utility Mains") are more particularly described on Exhibit B attached hereto and by this reference made a part hereof, and the approximate location and dimensions for the lift ORLDOCS 18700466 4 20010.0304 station are more particularly described on Exhibit C attached hereto and by this reference made a part hereof. 3. Plans and Specifications. Developer shall deliver to the City for the City's review and approval the final alignment and design specifications for the construction of the Improvements (the "Plans and Specifications"), to be prepared by VHB, which shall also include all then current cost estimates for the completion of the Improvements specified in the Plans and Specifications. Once approved, the final Plans and Specifications shall become a material part of this Agreement and shall be used by the Developer for the purpose of obtaining all permits necessary for the construction of the Improvements. 4. Permits. Developer shall design the Improvements in a manner sufficient to satisfy the applicable government permitting requirements. 5. Impact Fee Credits. In consideration of the obligations set forth herein, the Parties acknowledge and agree: a. City shall provide Developer with water and wastewater impact fee credits in the actual amount incurred by Developer and not to exceed the amount as set forth in Exhibit D, column "City of Clermont Impact Fee Credit Portion", attached hereto and by this reference made a part hereof. b. The impact fee credits shall be available to Developer upon the completion by Developer and acceptance by the City of the construction of the Improvements and confirmation by City of the actual cost of the improvements in substantial accordance with Exhibit D. Developer shall provide such reasonable documentation as may be requested by City for purposes of City's determination and confirmation as set forth herein. C. Developer shall have the authority to assign or transfer any impact fee credits granted pursuant to this Agreement from the Property to another property or development in the City's Utility Service Area. 6. Concurrency. The City hereby acknowledges and agrees that (i) the Improvements to be constructed pursuant to this Agreement will satisfy the minimum requirements for concurrency related to water and wastewater services and facilities as set forth in Section 90-4 of the City Code, (ii) upon completion of the Improvements, there will be sufficient water and wastewater facilities to meet the adopted levels of service for Developer's intended use of the Property as set forth in Section 90-9 of the City Code, and (iii) the City shall reserve and ensure that there is sufficient water and wastewater capacity as may be necessary for Developer's intended use of the Property. 7. Approvals. In those instances in this Agreement in which a party's approval, consent or satisfaction is required, and a time period is not specified, then it shall be implied that such action shall be exercised in a reasonable manner and within a reasonable time frame. 8. Indemnification. The Developer, its successors and assigns shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the City, its officials, agents, and 2 ORLDOCS 18700466 4 20010.0304 employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) for personal injury, bodily injury, property damage or other liability of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission relating to construction of the Improvements or this Agreement by the Developer, its agents or employees, or any contractor employed by the Developer, or anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable, excepting only those acts or omissions arising out of the sole negligence of the City, or claims, asserted by property owners for damages arising from the performance of the obligations contained in this Agreement. 9. Term and Nature of Agreement. With the exception of the warranty requirements set forth herein, this Agreement shall terminate upon satisfaction by the Parties hereto of their respective obligations contained herein. If the Developer is unable to obtain all necessary approvals for the construction of the Improvements from the City or any other governmental agency, or is unable to negotiate a construction contract for the Improvements acceptable to Developer in its sole discretion, the sole remedy to the City shall be the termination of this Agreement, and Developer shall not be liable for, and the City shall not seek from the Developer, either damages or specific performance of this Agreement; provided, however, that the conveyance of any property completed prior to the termination of this Agreement shall not be affected. 10. Compliance with Laws and Regulation. In performing pursuant to this Agreement, each party hereto shall abide by the respective statutes, ordinances, rules and regulations pertaining to, or regulating, the acts of such party. 11. Notices. Any notice required or allowed to be delivered hereunder shall be in writing and be deemed to be delivered when (i) hand delivered to the official hereinafter designated, or (ii) three days after the date on which deposited in the United States mail, postage prepaid, certified mail return receipt requested, or (iii) sent via overnight courier delivery service, and addressed to a party at the address set forth below, or such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Developer: South Lake Crossings I, LLC South Lake Crossings II, LLC Attn: Thomas J. Karr, Jr. Post Office Box 135 Windermere, Florida 34786 ORLDOCS 18700466 4 20010.0304 Cam: City of Clermont Attn: Susan Carroll Dauderis, City Manager 685 W. Montrose Street, 3rd Floor Clermont, Florida 34711 3 With a cop, rytto,: With a copy to: Contract Purchaser: City of Clermont Lennar Homes, LLC Attn: Dan Mantzaris, Esq. Attn: Brock Nicholas, Division President City Attorney 6675 Westwood Blvd, 5ch floor 332 N. Magnolia Avenue Orlando, Florida 32821 Orlando, Florida 32801 With a copy to: Shutts & Bowen LLP Attn: Daniel T. O'Keefe, Esq. 300 S. Orange Avenue, Suite 1600 Orlando, Florida 32801 With a copes: Lennar Corporation Attn: General Counsel 700 NW 107th Avenue - 4th Floor Miami, Florida 33172 12. Counter arts. This Agreement may be executed in any number of counterparts each of which when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. 13. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and may not be modified or amended except by a written instrument equal in dignity herewith and executed by the Parties to be bound thereby. 14. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement. For purposes of the time requirements hereunder, such time frames shall, unless otherwise specifically stated herein, (i) not include the day from which the period commences; (ii) if less than six (6) days, be construed to exclude any Saturday, Sunday or legal holiday; and (iii) if six (6) days or more, be construed to mean calendar days; provided that if the final day of such period falls on a Saturday, Sunday or legal holiday in the state where such condition or covenant is to be performed, such period shall extend to the first business day thereafter. 15. Non -Waiver. No consent or waiver, expressed or implied, by either party, to or of any breach or default of the other party, with regard to the performance by said other party of its obligations under this Agreement shall be deemed or construed to constitute consent or waiver, to or of, any other breach or default in the performance of that party, of the same or of any other objection of performance incumbent upon that party. Failure on the part of either party to complain of any act or failure to act on the part of the other party in default, irrespective of how long the failure continues, shall not constitute a waiver by that party of its rights and any remedies that exist under this Agreement, at law, or in equity. 16. Construction of Agreement. This Agreement shall not be construed against either party on the basis of it being the drafter of the Agreement. The Parties agree that both herein played an equal part in negotiating the terms and conditions of this Agreement. Captions and paragraph headings in this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, construction or meaning of the Agreement. 4 ORLDOCS 18700466 4 20010.0304 17. Public Records. The Developer shall allow public access to all documents, papers, letters or other materials subject to the provisions of Section 119.0701, Florida Statutes, and which have been made or received by the Developer in conjunction with this Agreement. 18. Records and Audits. The Developer shall maintain in its place of business all books, documents, papers and other evidence pertaining in any way to payments made pursuant to this Agreement. Such records shall be available at the Developers' place of business at all reasonable times during the term of this Agreement and for ten (10) years from the date of final payment under this Agreement for audit or inspection by the City upon five (5) business day's prior written notice. 19. Equal Opportunity Employment. The Developer agrees that it will not discriminate and will provide in all contracts that its contractors will not discriminate against any employee or applicant for employment under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. 20. Authority. Each of the Parties hereto represent and warrant to each other that they have all necessary power and authority to enter into and consummate the terms and conditions of this Agreement and that all acts, approvals, procedures and similar matters required in order to authorize this Agreement have been taken, obtained or followed, as the case may be, and that this Agreement shall be valid, binding, and enforceable against the Parties, their successors and assigns. 21. Breach. In the event of a breach hereof by either party hereto, then the other party hereto shall have all rights and remedies allowed by law, including the right to specific performance of the provisions hereof. 22. Amendment. This Agreement may only be amended by an instrument in writing executed by the Parties hereto or their successors or assigns in interest. 23. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue to be effectuated. To that end, this Agreement is declared severable. 24. Assi ink The terms and conditions contained herein may be assigned by the Developer, without the consent of the City, to: (i) a community development district created in accordance with applicable law; (ii) any future owner of all or any portion of the Property; and/or (iii) any party listed on Exhibit E attached hereto and incorporated herein by this reference. It is understood and agreed by the Parties that upon such assignment, the assignor shall be fully released from any and all obligations and responsibilities arising under or attributable to the Agreement. 5 ORLDOCS 18700466 4 20010.0304 25. Disclaimer of Third Party Beneficiaries. No right or cause of action shall accrue upon or by reason of this Agreement, to or for the benefit of any third party not a formal party hereto, except any successors in interest of the Developer or the City. 26. Governing Law. This Agreement shall be governed by and construed in accordance with laws of the State of Florida. 27. Land Use Approvals. This Agreement shall not be construed as granting or assuring or indicating any further grant of any land use, zoning, subdivision, density or development approvals, permissions or rights with respect to the Project, nor shall this Agreement be deemed to reduce eliminate, derogate from, or otherwise adversely affect any such approvals, permissions or rights. [Signature Pages to Follow] 6 ORLDOCS 18700466 4 20010.0304 IN WITNESS WHEREOF, the Parties have made and executed this Agreement on the respective dates under each signature: City through its Mayor, and Developer through its duly authorized representative. CITY: CITY OF CLERMONT By: -.. Tim Murry, Mayor This day of Ju- , 2021 Attest: Tracy Ackroyd H we, ity Clerk Approved s to form: C1 Daniel F Mantzaris, Esquire 7 ORLDOCS 18700466 4 20010.0304 Signed, sealed and delivered in the presence of two (2) witnesses: A(�Lw . 4'-� Pri ame: gt. Pv/et-V XVL� .�C Prin Name: W qk-gbW-,cti OEJ0-'(Pj zv Print Name: 0-. 40m4a.+— Pri t Name: ORLDOCS 18700466 4 20010.0304 DEVELOPER: SOUTH LAKE CROSSINGS I, LLC, a Florida limited liability company By: Thomas J. Karr, fr., Manage This 2 day of Jv 1 j , 2021 SOUTH LAKE CROSSINGS III, LLC, a Florida limited liability company This '20 day of ll _ 12021 8 EXHIBIT A PROPERTY DESCRIPTION LEGAL DESCRIPTION: PHASE 1 A Parcel of land lying in Section 22, Township 23 South, Range 26 East in Lake County, Florida, being more particularly described as: Commencing at the Northwest corner of the Northwest Quarter of said Section 22; thence run South 88°49'23" East along the North line of the Northwest Quarter of said Section 22 for a distance of 60.02 feet to the POINT OF BEGINNING; thence continue South 88°49'23" East along the North line of the Northwest Quarter and the North line of the Northwest Quarter of the Northeast Quarter of said Section 22 for a distance of 2935.42 feet; thence departing said North line run South 01°10'37" West for a distance of 72.34 feet to the point on curvature of a curve, concave Easterly having a radius of 430.00 feet , with a chord bearing of South 08°31'05" East and a chord distance of 144.83 feet; thence run Southerly through a central angle of 19°23'25" along the arc of said curve for a distance of 145.52 feet to a point on a non tangent line; thence run South 51°58'40" West for a distance of 88.74 feet; thence run South 48°03'28" West for a distance of 55.59 feet; thence run South 45°02'17" West for a distance of 55.59 feet; thence run South 42'01'07" West for a distance of 55.59 feet; thence run South 39°00'05" West for a distance of 55.51 feet; thence run South 35°59'09" West for a distance of 55.53 feet; thence run South 32°49'09" West for a distance of 61.08 feet; thence run South 30°29'27" West for a distance of 24.66 feet; thence run South 28°15'59" West for a distance of 57.25 feet; thence run South 25°12'07" West for a distance of 55.59 feet; thence run South 22°10'57" West for a distance of 55.59 feet; thence run South 19°09'55" West for a distance of 55.51 feet; thence run South 16°08'59" West for a distance of 55.53 feet; thence run South 12°28'30" West for a distance of 79.77 feet to a point on a non tangent curve, concave Southerly having a radius of 1105.00 feet, with a chord bearing of South 89°53'19" West and a chord distance of 44.76 feet; thence run Easterly through a central angle of 02'19'15" along the arc of said curve for a distance of 44.76 feet to a point on a non tangent line; thence run South 01 °55'12" East for a distance of 195.02 feet to a point on a non tangent curve, concave Southwesterly having a radius of 910.00 feet, with a chord bearing of South 57°00'13" East and a chord distance of 1021.13 feet; thence run Southeasterly through a central angle of 68'15'31" along the arc of said curve for a distance of 1084.12 feet to a point of reverse curvature of a curve, concave Northeasterly having a radius of 1830.00 feet, with a chord bearing of South 32'11'36" East and a chord distance of 592.66 feet; thence run Southeasterly through a central angle of 18°38'16" along the arc of said curve for a distance of 595.28 feet to a point of reverse curvature of a curve, concave Southwesterly having a radius of 570.00 feet, with a chord bearing of South 20°31'44" East and a chord distance of 408.23 feet; thence run Southeasterly through a central angle of 41°58'00" along the arc of said curve for a distance of 417.50 feet to a point on a non tangent line; thence run South 00°27'16" West for a distance of 160.92 feet; thence run South 89°32'44" East for a distance of 60.00 feet to a point on a non tangent curve, concave Northeasterly having a radius of 21.03 feet, with a chord bearing of South 45°30'45" East and a chord distance of 35.95 feet; thence run Southeasterly through a central angle of 117'29'05" along the arc of said curve for a distance of 43.11 feet to a point on a non tangent line, thence run South 02°04'51 " West for a distance of 60.12 feet to a point on a non tangent curve, concave Southeasterly having a radius of 25.00 feet, with a chord bearing of South 44°27'57" West and a chord distance of 34.74 feet; thence run Southwesterly through a central angle of 88'01'23" along the arc of said curve for a distance of 38.41 feet to a point of tangency; thence run South 00°27'16" West for a distance of 5.02 feet; thence run North 89°32'44" West for a distance of 60.00 feet to a point on a non tangent curve, concave Southwesterly having a radius of 25.00 feet, with a chord bearing of North 46°10'l9" West and a chord distance of 36.34 feet; thence run Northwesterly through a central angle of 93'15'11" along the arc of said curve for a distance of 40.69 feet to a point of compound curvature of a curve, concave Southerly having a radius of 4970.00 9 ORLDOCS 18700466 4 20010.0304 feet, with a chord bearing of South 86°42'31" West and a chord distance of 85.52 feet; thence run Westerly through a central angle of 00°59'09" along the arc of said curve for a distance of 85.52 feet to a point on a non tangent curve, concave Easterly having a radius of 23.00 feet, with a chord bearing of South 09°54'50" West and a chord distance of 7.56 feet; thence run Southerly through a central angle of 18155'08" along the arc of said curve for a distance of 7.59 feet to a point of tangency; thence run South 00027'16" West for a distance of 33.41 feet to a point of curvature of a curve, concave Westerly having a radius of 1057.00 feet, with a chord bearing of South 06°24'24" West and a chord distance of 219.22 feet; thence run Southerly through a central angle of 11'54'17" along the arc of said curve for a distance of 219.62 feet to a point of tangency; thence run South 12°21'33" West for a distance of 496.83 feet; concave Easterly having a radius of 1343.00 feet, with a chord bearing of South 08°15'16" West and a chord distance of 192.26 feet; thence run Southerly through a central angle of 08°12'33" along the arc of said curve for a distance of 192.42 feet to a point of compound curvature of a curve, concave Easterly having a radius of 23.00 feet, with a chord bearing of South 08°31'58" East and a chord distance of 10.10 feet; thence run Southerly through a central angle of 25°21'56" along the arc of said curve for a distance of 10.18 feet to a point on a non tangent curve, concave Northerly having a radius of 2170.00 feet, with a chord bearing of South 88°43'22" East and a chord distance of 62.32 feet; thence run Easterly through a central angle of 01 °38'44" along the arc of said curve for a distance of 62.32 feet to a point of tangency; thence run South 89°32'44" East for a distance of 25.37 feet to a point of compound curvature of a curve, concave Northwesterly having a radius of 25.00 feet, with a chord bearing of North 47°45'19" East and a chord distance of 33.91 feet; thence run Northeasterly through a central angle of 85°23'53" along the arc of said curve for a distance of 37.26 feet to a point of compound curvature of a curve, concave Westerly having a radius of 1230.00 feet, with a chord bearing of North 05°16'41" East and a chord distance of 9.51 feet; thence run Northerly through a central angle of 00°26'36" along the arc of said curve for a distance of 9.51 feet to a point on a non tangent line, thence run South 84°30'02" East for a distance of 60.00 feetto a point on a non tangent curve, concave Northeasterly having a radius of 25.00 feet, with a chord bearing of South 42'01'23" East and a chord distance of 36.88 feet; thence run Southeasterly through a central angle of 95°02'42" along the arc of said curve for a distance of 41.47 feet to a point on a non tangent line; thence run South 00°27'16" West for a distance of 60.00 feet; thence run North 89°32'44" West for a distance of 4.44 feet to the point of curvature of a curve, concave Southeasterly having a radius of 25.00 feet, with a chord bearing of South 45°27'16" West and a chord distance of 35.36 feet; thence run Southwesterly through a central angle of 90°00'00" along the arc of said curve for a distance of 39.27 feet to a point of tangency; thence run South 00°27'16" West for a distance of 85.00 feet to the point of curvature of a curve, concave Northeasterly having a radius of 25.00 feet, with a chord bearing of South 44°32'44" East and a chord distance of 35.36 feet; thence runSoutheasterly through a central angle of 90°00'00" along the arc of said curve for a distance of 39.27 feet; to a point of tangency; thence run South 89°32'44" East for a distance of 1446.45 feet to a point on the West right of way line of Five Mile Road as recorded in Official Records Book 357, Page 21 of the Public Records of Lake County, Florida; thence run South 00°27'16" West along said West right of way line for a distance of 120.00 feet; thence departing said West right of way line run North 89°32'44" West for a distance of 163 8. 10 feet to the point of curvature of a curve, concave Northerly having a radius of 2200.00 feet, with a chord bearing of North 84°48'10" West and a chord distance of 363.81 feet; thence run Westerly through a central angle of 09°29'09" along the arc of said curve for a distance of 364.23 feet to a point on a non tangent line; thence run South 09°56'25" West for a distance of 87.26 feet; thence run South 25°12'49" West for a distance of 73.34 feet; thence run South 25'12'49" West for a distance of 275.14 feet; thence run South 25°35'31" West for a distance of 56.27 feet; thence run South 18°58'47" West for a distance of 56.27 feet; thence run South 18°07'12" West for a distance of 56.19 feet; thence run South 14017'47" West for a distance of 56.19 feet; thence run South 10°35'59" West for a distance of 56.18 feet; thence run South 07°32'24" West for a distance of 56.17 feet; thence run South 04°16'15" West for a distance of 74.88 feet to a point on a non tangent curve, concave Southeasterly having a radius of 85.00 feet, with a chord bearing of South 50°31'08" West and a chord distance of 63.94 feet; thence run Southwesterly through a central angle of 4491'21" along the arc of said curve for a distance of 65.56 feet to a point on a non tangent line, thence run North 89°32'44" West for a distance of 139.12 feet; thence run South 00047'57" West for a 10 ORLDOCS 18700466 4 20010.0304 distance of 393.58 feet to a point on the North line of Parcel 122 as recorded in Official Records Book 849, Page 2162 of the Public Records of Lake County, Florida; thence run the following three courses along the perimeter line of said Parcel 122: North 89°12'03" West for a distance of 17.48 feet; thence run South 00°23'38" West for a distance of 50.00 feet; thence run South 89°12'03" East for a distance of 17.13 feet; thence departing said perimeter line, run South 00°47'57" West for a distance of 30.00 feet to a point on the South line of the Southeast Quarter aforesaid Section 22; thence run North 89° 12'03" West along said South line for a distance of 166.38 feet to the Southwest corner of the Southeast Quarter of said Section 22; thence run North 89°32'30" West along the South line of the Southwest Quarter of said Section 22 for a distance of 2587.54 feet to a point 60.00 feet East of the Southwest corner of the Southwest Quarter of said Section 22; thence run North 00°23'38" East along a line 60.00 feet East of and parallel to the West line of the Southwest Quarter of said Section 22 for a distance of 2175.74 feet; thence departing said parallel line run South 89°36'22" East for a distance of 250.11 feet; thence run South 84° 10'21" East for a distance of 208.90 feet., thence run South 78'44' 19" East for a distance of 322.40 feet to a point on a non tangent curve, concave Southeasterly having a radius of 830.00 feet, with a chord bearing of North 21°05'42" East, and a chord distance of 169.47 feet; thence run Northeasterly through a central angle of 11'43'08" along the arc of said curve for a distance of 169.76 feet to a point of tangency; thence run North 26°5T 16" East for a distance of 93.25 feet to the point of curvature of a curve, concave Southwesterly having a radius of 25.00 feet, with a chord bearing of North 18°02'44" West, and a chord distance of 35.36 feet; thence run Northwesterly through a central angle of 90°00'00" along the arc of said curve for a distance of 39.27 feet to a point of tangency; thence run North 63°02'44" West for a distance of 69.42 feet to the point of curvature of a curve, concave Southwesterly having a radius of 1671.84 feet, with a chord bearing of North 76°51'21 " West, and a chord distance of 798.16 feet; thence run Northwesterly through a central angle of 27°37'14" along the arc of said curve for a distance of 805.94 feet to a point of compound curvature of a curve; concave Southeasterly having a radius of 25.00 feet, with a chord bearing of South 44°51'50" West, and a chord distance of 35.03 feet; thence run Southwesterly through a central angle of 88°56'24" along the arc of said curve for a distance of 38.81 feet to a cusp of a curve, being a point on the aforesaid parallel line; thence run North 00°23'38" East along said parallel line for a distance of 143.33 feet to a point on the South line of the Northwest Quarter of said Section 22; thence run North 00'23'17" East along a line 60.00 feet East of and parallel to the West line of the Northwest Quarter of said Section 22 for a distance of 26.69 feet to the cusp of a curve, concave Northeasterly having a radius of 25.00 feet, with a chord bearing of South 45°05'22" East, and a chord distance of 35.65 feet; thence run Southeasterly through a central angle of 90°5T18" along the arc of said curve for a distance of 39.69 feet to a point of reverse curvature of a curve; concave Southwesterly having a radius of 1791.84 feet, with a chord bearing of South 76°48'22" East, and a chord distance of 852.44 feet; thence run Southeasterly through a central angle of 273 FIT along the arc of said curve for a distance of 860.69 feet to a point of tangency; thence run South 63°02'44" East for a distance of 68.37 feet to the point of curvature of a curve, concave Northwesterly having a radius of 25.00 feet, with a chord bearing of North 69°42'59" East, and a chord distance of 36.71 feet; thence run Northeasterly through a central angle of 94°28'35" along the arc of said curve for a distance of 41.22 feet to a point of compound curvature of a curve; concave Westerly having a radius of 370.00 feet, with a chord bearing of North 05°49'07" East; and a chord distance of 212.15 feet; thence run Northerly through a central angle of 33°19'08" along the arc of said curve for a distance of 215.16 feet to a point of reverse curvature of a curve; concave Easterly having a radius of 855.00 feet, with a chord bearing of North 00°45'58" East, and a chord distance of 344.05 feet; thence run Northerly through a central angle of 23'12'51" along the arc of said curve for a distance of 346.41 feet to a point on a nan tangent line; thence run North 69°32'44" West for a distance of 625.69 feet; thence run South 42°14'16" West for a distance of 39.72 feet, thence run South 82°07'45" West for a distance of 127.35 feet; thence run South 82°09'06" West for a distance of 164.00 feet; thence run North 76°26'03" West for a distance of 32.81 feet; thence run North 89°36'43" West for a distance of 40.00 feet to a point on the aforesaid parallel line, thence run North 00'23'17" East along said parallel line for a distance of 976.77 feet to a cusp of a curve, concave Northeasterly having a radius of 35.00 feet, with a chord bearing of South 45°46'21" East, and a chord distance of 50.49 feet; thence run Southeasterly through a central angle of 92°19'17" along the arc of said curve for a distance of 56.40 feet 11 ORLDOCS 18700466 4 20010.0304 to a point of tangency; thence run North 88°04'01 " East for a distance of 75.27 feet to the point of curvature of a curve, concave Southerly having a radius of 1030.00 feet, with a chord bearing of South 84°34'28" East, and a chord distance of 263.84 feet; thence run Easterly through a central angle of 14°43'01" along the arc of said curve for a distance of 264.57 feet to a point on a non tangent line; thence run North 12°47'02" East for a distance of 45.00 feet; thence run North 58°22'48" West for a distance of 115.94 feet; thence run North 42°42'47" West for a distance of 108.10 feet; thence run North 19°04'09" East for a distance of 66.46 feet; thence run North 07°13'19" West for a distance of 226.44 feet; thence run North 39'01'14" West for a distance of 217.22 feet; thence run North 21°00'27" West for a distance of 67.17 feet; thence run North 89°36'43" West for a distance of 40.00 feet to a point on the aforesaid parallel line; thence run North 00°23'17" East along said parallel line for a distance of 531.69 feet to the POINT OF BEGINNING. Less and except therefrom: Parcel 123 (fee simple): The Northerly 50.00 feet of the Southerly 80.00 feet of the Easterly 35.00 feet of the Westerly 118.00 feet of Section 22, Township 23 South, Range 26 East, in the County of Lake, State of Florida. Parcel 124 (fee simple): The Northerly 250.00 feet of the Southerly 50.00 feet of the Easterly 30.00 feet of the Westerly 83.00 feet of Section 22, Township 23 South, Range 26 East, in the County of Lake, State of Florida. Containing 16,463,762 square feet or 377.96 acres, more or less. LEGAL DESCRIPTION: PHASE 2. NORTH PARCEL A Parcel of land lying in Section 22, Township 23 South, Range 26 East in Lake County, Florida, being more particularly described as: Commencing at the Northwest corner of the Northwest Quarter of said Section 22; thence run South 88°49'23" East along the North line of the Northwest Quarter and the North line of the Northwest Quarter of the Northeast Quarter of said Section 22 for a distance of 2995.44 feet to the POINT OF BEGINNING; thence continue South 88°49'23" East along the North line of the Northwest Quarter of the Northeast Quarter of said Section 22 for a distance of 974.43 feet to the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run South 00°20'55" West along the West line of the Northeast Quarter of the Northeast Quarter of said Section 22 for a distance of 13 14.5 6 feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run South 89°00'54" East along the South line of the Northeast Quarter of the Northeast Quarter of said Section 22 for a distance of 1290.91 feet to a point on the West right of way line of Five Mile Road as recorded in Official Records Book 357, Page 21 of the Public Records of Lake County, Florida; thence run South 00° 19'09" West along said West right of way line for a distance of 1310.25 feet to a point on the North line of the Southeast Quarter of aforesaid Section 22; thence run South 00°27' 16" West continuing along the aforesaid West right of way line of Five Mile Road for a distance of 1261.38 feet to a point herein after known as POINT A for the purposes of this description; thence departing said West right of way line run North 89°32'44" West for a distance of 1446.45 feet to the point of curvature of a curve, concave Northeasterly having a radius of 25.00 feet, with a chord bearing of North 44°32'44" West and a chord distance of 35.36 feet; thence run Northwesterly through a central angle of 90°00'00" along the arc of said curve for a distance of 39.27 feet to a point of tangency; thence run North 00°27' 16" East for a distance of 85.00 feet to the point of curvature of a curve, concave Southeasterly having a radius of 25.00 feet, with a chord bearing of North 45°27'16" East and a chord distance of 35.36 feet; thence run Northeasterly through a central angle of 90°00'00" along 12 ORLDOCS 18700466 4 20010.0304 the arc of said curve for a distance of 39.27 feet to a point of tangency; thence run South 89°32'44" East for a distance of 4.44 feet; thence run North 00°27'16" East for a distance of 60.00 feet to a point on a non tangent curve, concave Northeasterly having a radius of 25.00 feet, with a chord bearing of North 42'01'23" West and a chord distance of 36.88 feet, thence run Northwesterly through a central angle of 95°02'42" along the arc of said curve for a distance of 41.47 feet to a point on a non tangent line; thence run North 84°30'02" West for a distance of 60.00 feet to a point on a non tangent curve, concave Westerly having a radius of 1230.00 feet, with a chord bearing of South 05°16'41" West and a chord distance of 9.51 feet; thence run Southerly through a central angle of 00°26'36" along the are of said curve for a distance of 9.51 feet to a point of compound curvature of a curve, concave Northwesterly having a radius of 25.00 feet, with a chord bearing of South 47°45'19" West and a chord distance of 33.91 feet; thence run Southwesterly through a central angle of 85°23'53" along the arc of said curve for a distance of 37.26 feet to a point of tangency; thence run North 89°32'44" West for a distance of 25.37 feet to the point of curvature of a curve, concave Southerly having a radius of 2170.00 feet, with a chord bearing of North 88°43'22" West and a chord distance of 62.32 feet, thence run Westerly through a central angle of 01°38'44" along the arc of said curve for a distance of 62.32 feet to a point on a non tangent curve, concave Easterly having a radius of 23.00 feet, with a chord bearing of North 0891'58" West and a chord distance of 10.10 feet; thence run Northerly through a central angle of 25°21'56" along the arc of said curve for a distance of 10.18 feet to a point of compound curvature of a curve, concave Easterly having a radius of 1343.00 feet, with a chord bearing of North 08' 15' 16" East and a chord distance of 192.26 feet; thence run Northerly through a central angle of 08° 12'33" along the arc of said curve for a distance of 192.42 feet to a point of tangency; thence run North 12°21'33" East for a distance of 496.83 feet to a point of curvature of a curve, concave Westerly having a radius of 1057.00 feet, with a chord bearing of North 06°24'24" East and a chord distance of 219.22 feet; thence run Northerly through a central angle of 11'54'17" along the arc of said curve for a distance of 219.62 feet to a point of tangency; thence run North 00°27'16" East for a distance of 33.41 feet to a point of curvature of a curve, concave Easterly having a radius of 23.00 feet, with a chord bearing of North 09°54'50" East and a chord distance of 7.56 feet; thence run Northerly through a central angle of 18°55'08" along the arc of said curve for a distance of 7.59 feet to a point on a non tangent curve, concave Southerly having a radius of 4970.00 feet, with a chord bearing of North 86°42'31" East and a chord distance of 85.52 feet; thence run Easterly through a central angle of 00°59'09" along the arc of said curve for a distance of 85.52 feet to a point of compound curvature of a curve, concave Southwesterly having a radius of 25.00 feet, with a chord bearing of South 46°10'19" East and a chord distance of 36.34 feet; thence run Southeasterly through a central angle of 93'15'11" along the arc of said curve for a distance of 40.69 feet to a point on a non tangent line; thence run South 89°32'44" East for a distance of 60.00 feet; thence run North 00°27'16" East for a distance of 5.02 feet to a point of curvature of a curve; concave Southeasterly having a radius of 25.00 feet, with a chord bearing of North 44°27'57" East and a chord distance of 34.74 feet; thence run Northeasterly through a central angle of 88'01'23" along the arc of said curve for a distance of 38.41 feet to a point on a non tangent line; thence run North 02°04'51" East for a distance of 60.12 feet to a point on a non tangent curve, concave Northeasterly having a radius of 21.03 feet, with a chord bearing of North 45°30'45" West and a chord distance of 35.95 feet; thence run Northwesterly through a central angle of 117'29'05" along the arc of said curve for a distance of 43.11 feet to a point on a non tangent line; thence run North 89°32'44" West for a distance of 60.00 feet; thence run North 00'27'16" East for a distance of 160.92 feet to a point of curvature of a curve, concave Southwesterly having a radius of 570.00 feet, with a chord bearing of North 20°31'44" West and a chord distance of 408.23 feet; thence run Northwesterly through a central angle of 41 °58'00" along the arc of said curve for a distance of 417.50 feet to a point of reverse curvature of a curve, concave Northeasterly having a radius of 1830.00 feet, with a chord bearing of North 32'11'36" West and a chord distance of 592.66 feet; thence run Northwesterly through a central angle of 18°38'16" along the arc of said curve for a distance of 595.28 feet to a point of reverse curvature of a curve, concave Southwesterly having a radius of 910.00 feet, with a chord bearing of North 57'00'13" West and a chord distance of 1021.13 feet; thence run Northwesterly through a central angle of 68'15'31" along the arc of said curve for a distance of 1084.12 feet to a point on a non tangent line; thence run North 01°55'12" West for a distance of 195.02 feet to a point on a non tangent curve, concave Southerly having a 13 ORLDOCS 18700466 4 20010.0304 radius of 1105.00 feet, with a chord bearing of North 89°53'19" East and a chord distance of 44.76 feet; thence run Easterly through a central angle of 02' 19'15" along the arc of said curve for a distance of 44.76 feet to a point on a non tangent line; thence run North 12°28'30" East for a distance of 79.77 feet; thence run North 16°08'59" East for a distance of 55.53 feet; thence run North 19°09'55" East for a distance of 55.51 feet; thence run North 22°10'57" East for a distance of 55.59 feet; thence run North 25°12'07" East for a distance of 55.59 feet; thence run North 28°15'59" East for a distance of 57.25 feet, thence run North 30°29'27" East for a distance of 24.66 feet; thence run North 32°49'09" East for a distance of 61.08 feet; thence run North 35°59'09" East for a distance of 55.53 feet; thence run North 39°00'05" East for a distance of 55.51 feet; thence run North 42'01'07" East for a distance of 55.59 feet; thence run North 45°02'17" East for a distance of 55.59 feet; thence run North 48°03'28" East for a distance of 55.59 feet; thence run North 51°58'40" East for a distance of 88.74 feet to a point on a non tangent curve, concave Easterly having a radius of 430.00 feet, with a chord bearing of North 0891'05" West and a chord distance of 144.83 feet; thence run Northerly through a central angle of 19°23'25" along the arc of said curve for a distance of 145.52 feet to a point of tangency; thence run North 01 ° 10'37" East for a distance of 72.34 feet to the POINT OF BEGINNING. Less and except therefrom: that parcel described in Official Records Book 851, Page 1455: Parcel 130 (fee simple): The Northerly 50.00 feet of the Southerly 900.00 feet of the Westerly 35.00 feet of the Easterly 93.00 feet of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 23 South, Range 26 East, in the County of Lake, State of Florida. Containing 5,611,100 square feet or 128.81 acres, more or less. LEGAL DESCRIPTION: PHASE 2, SOUTH PARCEL A Parcel of land lying in Section 22, Township 23 South, Range 26 East in Lake County, Florida, being more particularly described as: Commencing at the aforementioned POINT A, thence run South 00°27'16" West along the aforesaid West right of way line of Five Mile Road for a distance of 120.00 feet to the POINT OF BEGINNING; thence continue South 00°27'16" West along said West right of way line for a distance of 1299.92 feet to a point on the South line of the Southeast Quarter of aforesaid Section 22; thence departing the aforesaid West right of way line run North 89' 12'03" West along the South line of said Section 22 for a distance of 2446.12 feet; thence departing said South line run North 00°47'57" East for a distance of 30.00 feet to a point on the perimeter of Parcel 122 as recorded in Official Records Book 845, Page 567 of the Public Records of Lake County, Florida; thence run the following three courses along said perimeter: South 89°12'03" East for a distance of 17.85 feet; thence run North 00°25'00" East for a distance of 50.00 feet; thence run North 89° 12'03" West for a distance of 17.52 feet; thence departing the perimeter of said Parcel 122 run North 00°47'57" East for a distance of 393.58 feet; thence run South 89°32'44" East for a distance of 139.12 feet to a point on a non tangent curve, concave Southeasterly having a radius of 85.00 feet, with a chord bearing of North 5091'08" East and a chord distance of 63.94 feet; thence run Northeasterly through a central angle of 44'11'21" along the arc of said curve for a distance of 65.56 feet to a point on a non tangent line; thence run North 04°16'15" East for a distance of 74.88 feet; thence run North 07'32'24" East for a distance of 56.17 feet; thence run North 10°35'59" East for a distance of 56.18 feet; thence run North 14°17'47" East for a distance of 56.19 feet; thence run North 18°07'12" East for a distance of 56.19 feet, thence run North 18°58'47" East for a distance of 56.27 feet; thence run North 25°35'31" East for a distance of 56.27 feet; 14 ORLDOCS 18700466 4 20010.0304 thence run North 25° 12'49" East for a distance of 275.14 feet; thence run North 25° 12'49" East for a distance of 73.34 feet; thence run North 09°56'25" East for a distance of 87.26 feet to a point on a non tangent curve, concave Northerly having a radius of 2200.00 feet, with a chord bearing of South 84°48'10" East and a chord distance of 363.81 feet; thence run Easterly through a central angle of 09°29'09" along the arc of said curve for a distance of 364.23 feet to a point of tangency; thence run South 89°32'44" East for a distance of 163 8. 10 feet to the POINT OF BEGINNING. Less and except therefrom: Those parcels described in Official Records Book 845, Page 567: Parcel 129 (fee simple): The Westerly 35.00 feet of the Easterly 523.26 feet of the Northerly 50.00 feet of the Southerly 80.00 feet of the Southeast 1/4 of the Southeast 1/4 of Section 22, Township 23 South, Range 26 East, in the County of Lake, State of Florida. Containing 2,928,842 square feet or 67.24 acres, more or less. 15 ORLDOCS 18700466 4 20010.0304 EXHIBIT B UTILITY MAINS [see immediately following two (2) pages] 16 ORLDOCS 18700466 4 20010.0304 \\vhb\gbl\pmj\Odando\63302.GD Lennar-Wellness W*cacl\ld\Planmisc\Utili6es\MUP\Exhibits\exhibit3 Wastewater cist6butlon.dwg 7,619 LF 12'".FM . 4,393 42- I5VC sdlgLit 20" FM 2,626 12" HOPE 4,3932p"DIP 2;629 2(rtg)PE ROM- 12,617 LP'f2" FM "mmwmmw� 0 750 1500 3000Feet 41'6b Wellness Way Service Area Wastewater Master Lift Station And Forcemain Transmission \\vhb\gbl\prc \Orlando\633D2.00 Lennar-Wellness Way\cad\ld\Planmisc\Utilities\MUP\Exhibits\exhibit 1 Potable Water Distribution-B W - 2.dwg .5vt✓BOPST U'JE �� J79 9,112 LF 16" WM 7,312 LF DIP 1.000 LF HDPE 10,600 EF16" WM 4Ci1O7iC1.'047DAD 1,903 LF 12" WM — 9,112 LF 20" WM 7.312 LF DTP 1.800 LF HOPE HAMWC500M461-1 ROAD 10,600 LF 20" WM FIVE Mltf ROAD .903 LF 12" VVIvi AbWellness Way Service Area Potable Water Distribution System 00 750 1500 3000Feet EXHIBIT C LIFT STATION [see immediately following one (1) page] 17 ORLDOCS 18700466 4 20010.0304 vhb.com\gbl\proj\OHando163302.00 Lennar-Wellness vvay\ca 13 0 1500 3000 60 I 00Feet PD BOUNDARY MASTER LIFT STATION Future,, R.Hancock VICINITY MAP 100' LIFT STATION TRACT LO Hancock Road C MIC 121 A AI fX "Ic —9to RD PD BOUNDARY —\ Wellness Way PD Exhibit "C" lib225 E. Robinson Street Suite 300 Master Site Lift Station Location Plan Orlando, Florida 328011407.839.4006 June 2021 0 100 200 400 Exhibit D (Cost Estimates Wellness Way - Capital Utility Transmission Mains Item Description Qty Unit Material Cost Total Cost (with labor) SLC I&II (Lennar) Portion City of Clermont Impact Fee Credit Portion ADMINISTRATION 1 Construction staking 1 LS $ 60,598.54 $ 60,598.54 $ 60,598.54 $ 2 Traffic control 1 LS $ 32,279.73 $ 32,279.73 $ 32,279.73 $ 3 Mobilization 1 LS $ 60,498.30 $ 60,498.30 $ 60,498.30 $ 4 Certified "as-builts" 1 LS $ 63,926.52 $ 63,926.52 $ 63,926.52 $ 5 Engineering 1 LS $ 358,000.00 $ 358,000.00 $ 272,500.00 $ 85,500.00 WATER 6 20" DIP 17,912 LF $ 90.79 $ 2,364,563.12 $ 1,923,077.10 $ 441,486.02 7 12" PVC 1,903 LF $ 42.50 $ 128,528.62 $ 128,528.62 $ 8 20" HDPE 1,800 LF $ 144.51 $ 506,952.00 $ 416,092.30 $ 90,859.70 9 20" PRV 3 EA $ 68,928.31 $ 206,784.93 $ 196,626.27 $ 10,158.66 10 Air release valve & vault S EA $ 9,247.22 $ 46,236.10 $ 41,736.10 $ 4,500.00 11 Valves and fittings 1 LS $ 261,825.53 $ 261,825.53 $ 172,957.93 $ 88,867.60 12 Restoration (Bahia) 33,250 SY $ 2.59 $ 86,117.50 $ 86,117.50 $ - 13 Testing and chlorination 1 LS $ 14,799.75 $ 14,799.75 j $ 14,799.75 $ FORCE MAIN 14 20" DIP 11,272 LF $ 137.74 $ 2,028,734.57 $ 955,217.47 $ 1,073,517.10 15 16" DIP 5,738 LF $ 104.53 $ 782,146.78 $ 426,247.33 $ 355,899.45 16 20" HDPE 2.635 LF $ 144.37 $ 738,827.65 $ 500,982.50 $ 237,845.15 17 Air release valve & vault 5 EA $ 9,247.22 $ 46,236.10 $ 40,236.10 $ 6,000.00 18 Valves and fittings 1 LS $ 84,187.42 $ 84,187.42 $ 41,521.19 $ 42,666.23 19 Pressure testing 1 LS $ 8,877.96 $ 8,877.96 $ 8,877.96 $ - 20 Remove concrete @ 4" 21,965 SF $ 0.77 $ 16,913.05 $ 16,913.05 $ 21 5' sidewalk 4,393 LF $ 19.77 $ 86,849.61 $ 86,849.61 $ 22 Restoration (Bahia) 26,250 SY $ 2.59 $ 67,987.50 $ 67,987.50 $ Duplex Lift Station (downsized from 160HP to 12 HP pumps) 23 Piping 1 LS $ 118,000.00 $ 118,000.00 $ 118,000.00 $ 24 Electrical 1 LS $ 56,000.00 $ 56,000.00 $ 204,000.00 $ (148,000.00) 25 Generator 1 LS $ 70,000.00 $ 70,000.00 $ 228,000.00 $ (158,000.00) 26 RTU 1 LS $ 108,205.00 $ 108,205.00 $ 108,205.00 $ 27 Pumps 1 LS $ 143,000.00 $ 143,000.00 $ 480,000.00 $ (337,000.00) 28 Wet well / Valve vault / Agregate 1 LS $ 126,000.00 $ 126,000.00 $ 126,000.00 $ 29 Fence / wall 1 LS $ 13,000.00 $ 13,000.00 $ 13,000.00 $ 30 Driveway / curb 1 LS $ 7,300.00 $ 7,300.00 $ 7,300.00 $ 31 Crane & trench box 1 LS $ 20,500.00 $ 20,500.00 $ 20,500.00 $ 32 Installation 1 LS $ 7,300.00 $ 7,300.00 $ 7,300.00 $ 33 Water service 1 LS $ 1,350.00 $ 1,350.00 $ 1,350.00 $ - Capital Triplex Lift Station 34 Piping 1 LS $ 156,000.00 $ 156,000.00 $ - $ 156,000.00 35 Electrical 1 LS $ 247,000.00 $ 247,000.00 $ $ 247,000.00 36 Generator 1 LS $ 228,000.00 $ 228,000.00 $ $ 228,000.00 37 RTU 1 LS $ 114,000.00 $ 114,000.00 $ $ 114,000.00 38 Pumps 1 LS $ 720,000.00 $ 720,000.00 $ $ 720,000.00 39 ww / vv / aggregate / seals etc... 1 LS $ 126,000.00 $ 126,000.00 $ $ 126,000.00 40 Fence/wall 1 LS $ 15,000.00 $ 15,000.00 $ $ 15,000.00 41 Driveway / curb 1 LS $ 7,300.00 $ 7,300.00 $ $ 7,300.00 42 Crane & trench box 1 LS $ 20,500.00 $ 20,500.00 $ $ 20,500.00 43 Installation 1 LS $ 7,300.00 $ 7,300.00 $ $ 7,300.00 44 Water service 1 LS $ 1,500.00 $ 1,500.00 $ $ 1,500.00 SUBTOTAL $ 10,365,126.28 $ 6,928,226.37 $ 3,436,899.92 10%CONTINGENCY 1 $ 1,036,512.63 $ 692,822.64 $ 343,689.99 TOTAL $ 11,401,638.91 $ 7,621,049.00 $ 3,780,589.91 EXHIBIT E PERMITTED ASSIGNEES 1. Wellness Way Community Development District 2. Lennar Homes, LLC 19 ORLDOCS 18700466 4 20010.0304