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AGREEMENT
BETWEEN
CITY OF CLERMONT
AND
MAGNOLIA POINTE DEVELOPMENT, INC.
This document constitutes an agreement between the City of Clermont
("Clermont"), a municipality of the State of Florida, and Magnolia Pointe
Development, Inc., a Florida corporation, and its successors or assigns
("Owner").
WITNESSETH
WHEREAS, Owner has purchase and sale agreements for the approved
development called "Magnolia Pointe", and which is located in Sections 25 & 36;
Township 22 South; Range 26 East in the unincorporated portion of lake County,
Florida. See Exhibit A.
WHEREAS, the Magnolia Pointe project was approved by the lake County
Board of County Commissioners on August 27, 1996, pursuant to Ordinance
#1996-75.
WHEREAS, The Clermont desires to extend its utility system to serve an
area east of the existing City limits, including Magnolia Pointe.
WHEREAS, Owner desires to ensure that sufficient potable water supply
and distribution system, fire protection flow and sanitary sewage collection,
transmission, treatment, and disposal systems are available to service Magnolia
Pointe in accordance with lake County and Clermont requirements.
WHEREAS, Clermont has adequate capacity to provide water and sewer to
Magnolia Pointe, and guaranties that such capacity will be available in the future
as required by Owner pursuant to the terms of the this Agreement.
WHEREAS, it is the desire of the Clermont to annex Magnolia Pointe when
conditions allow.
WHEREAS, Owner and Clermont are entering into this Agreement to set
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forth the terms and conditions under which Clermont will provide water and sewer
utilities to Magnolia Pointe to meet the present and future water and sewer
requirements of the development of Magnolia Pointe.
NOW THEREFORE, IN CONSIOERA TION of the mutual promises and
covenants hereinafter contained, the parties do hereby agree as follows:
SECTION 1. RECITALS
1.1
The above recitals are true and correct and incorporated herein.
SECTION 2. OFF SITE SEWER
2.1 Clermont shall provide sewer service to Magnolia Pointe for the
construction and development of up to 528 residential units.
2.2 The connection route shall be from the Hancock Road Sewer Line
North of the Lift Station, along SR 50, to the entrance of Magnolia Pointe on SR
50.
2.3 Clermont shall produce engineering plans, technical specifications,
FOOT Permit, lake County Permit, and FDEP Permit to provide a sewer utility to
the entrance of Magnolia Pointe on SR 50 ("Off Site Sewer Improvements") within
6 months from the later of 1) the effective date of this agreement or 2) the date
that Owner's Engineer provides the following information.
1.
location and elevation of the point on the FOOT Right-of-Way
where the sewer lines enters the Right-of-Way.
2.
Amount of sewage flows including but not limited to average
daily flow, peak flows, line size, type of pipe material, size and
location of manhole with flowline data.
3.
Certified survey of proposed County Right-of-Way as its
intersects with FOOT Right-of-Way showing location and
elevation of the proposed sewer connection.
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4.
Property Ownership, encumbrance search for easements to
be acquired on the south 30 feet of FOOT SR 50 Right-of-Way
and east 30 feet of Hancock Road Right-of-Way.
2.4 Owner's surveyor, at the direction of Clermont's engineer, shall
perform and produce construction surveys and "as-builts" for the Off Site Sewer
Improvements. Clermont's engineer shall perform and produce all engineering
surveys necessary for the design and permitting of the project.
2.5 The sewer engineering plans and technical specifications shall
provide for oversized lift station structures and a sewer force main of a size
determined by Clermont. All lift stations and components, including, piping,
pumps, electrical controls, generators and other appurtenances shall be designed
to service the flow created by Magnolia Pointe and flows from other contributing
areas. Clermont will pay for expenses for oversizing and constructing all
appurtenances, other than the pipeline and wetwells, in excess of Magnolia
Pointe Flows.
2.6 Clermont shall produce the bid documents and a draft sewer
construction agreement to the Owner.
2.7 Clermont's engineer shall be the engineer of record for the Off Site
Sewer Improvements. Owner shall pay Clermont upon signing this agreement a
flat fee of $53,837.16 to be distributed to Clermont's engineer.
2.8 Clermont shall provide technical assistance in evaluating the bid
proposals received by Owner.
2.9 Owner shall select the most qualified bidder, which mayor may not
be the lowest bidder. Owner shall weigh many considerations in selecting the
most qualified bidder. Clermont shall have the right to approve or disapprove the
bid amount or any unit price or unit amount of any portion of the bid.
2.10 Owner shall construct the Off Site Sewer Improvements pursuant to
Clermont's construction plans, technical specifications, FOOT Permit, FOEP
Permit, and lake County Permit.
2.11 The entire cost of the off site sewer design, engineering, surveying,
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permitting, obtaining approvals, construction, testing, inspection, final
certifications, Owner's surveyor, Owner's attorney, Clermont's inspector, and
Clermont's engineer shall be paid by Owner and shall be considered a cost of
construction. Clermont shall approve or disapprove Owner's attorney's fees.
2.12 . Prior to Clermont's signing the off site sewer "FDEP Domestic
Wastewater Collection/Transmission Systems Certification of Completion of
Construction" ("FDEP Certification of Completion"), Clermont's engineer of record
shall provide to Clermont a set of record drawings on Mylar and two sets of blue
line prints, certified by Clermont's engineer of record as being true record
drawings and a certification that the Off Site Sewer Improvements was
constructed substantially in accordance with the approved permit, plans, and
specifications. Owner shall also provide a certified "as-built" survey of the Off
Site Sewer Improvements to Clermont upon completion of construction for
Clermont's engineers certification.
2.13 Owner shall provide to Clermont the documentation of the actual
cost of design, engineering, surveying, permitting, obtaining of approvals,
obtaining of easements, obtaining of lift station sites, construction, inspections,
final certifications, and other legitimate costs associated solely with the
construction of the Off Site Sewer Improvements as soon as such documentation
becomes available.
2.14 Upon Clermont signing the FDEP Certification of Completion for the
Off Site Sewer Improvements, ownership of the Off Site Sewer Improvements
shall transfer to Clermont.
SECTION 3. REIMBURSEMENT TO OWNER OF OFF SITE SEWER
CONSTRUCTION COSTS
3.1 On the date that Clermont signs the FDEP Certification of
Completion, Owner's Contractor shall provide a one year, twenty percent (20%)
cost of construction for off site sewer maintenance bond to Clermont.
3.2 On the date that Clermont signs the FDEP Certification of
Completion, Clermont shall provide a credit towards Magnolia Pointe's sewer
impact fees in an amount equal to the cost to construct the Off Site Sewer
Improvements.
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3.3 If Clermont, pursuant to Section 2.5, has chosen to oversize the lift
station, pumps, electrical controls, and generators, then, on the date that
Clermont signs the FOEP Certification of Completion, Clermont shall pay Owner
the difference as described in Section 2.5.
3.4 On the date that Clermont signs this Agreement, Owner shall pay to
Clermont an amount equal to Clermont's engineer's flat fee of $53,837.16.
SECTION 4. OFF SITE WATER SERVICE
4.1 Clermont shall provide a potable water supply for potable water and
fire flows to Magnolia Pointe for the construction and development of up to 528
residential units.
4.2 The connection route shall be from the existing Clermont Water Main
at the Greater Hills Subdivision entrance, along SR 50, to the entrance of
Magnolia Pointe on SR 50.
4.3 Clermont's engineer shall produce engineering plans, technical
specifications, FOOT Permit, Lake County Permit, and FOEP Permit to provide
potable water to the entrance of Magnolia Pointe on SR 50 ("Off Site Water
Pipeline") within 6 months from the later of 1) the effective date of this agreement
or 2) the date that Owner's Engineer provides the following information.
1.
Location and elevation of the point on the FOOT Right-of-Way
where the water line enters the Right-of-Way.
2.
Amount of potable water demand including but not limited to
average daily demand, peak demand, line size, type of pipe
material, and pipe size.
3.
Certified survey of proposed County Right-of-Way as its
intersects with FOOT Right-of-Way showing location and
elevation of the proposed water connection.
4.
Property ownership and encumbrance search for easements
to be acquired on the north 30 feet of FOOT SR 50 Right-of-
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Way.
4.4 Owner's surveyor, at the direction of Clermont's engineer, shall
produce surveys and "as-builts" for the Off Site Water Pipeline.
4.5 Owner shall produce the bid documents and a proposed water
system construction agreement. Clermont shall provide technical assistance in
preparing the bid documents and proposed water system construction
agreement. The bid documents shall request cost estimates to construct a water
pipeline that is the minimum size required to serve Magnolia Pointe pursuant to
the Clermont Code and FDEP Regulations and a water pipeline of a size
determined by Clermont. All pipe components shall be designed to service the
flow created by Magnolia Pointe and the demand from other contributing areas.
Clermont will pay for expenses for oversizing the proposed piping in excess of
Magnolia Pointe demands.
4.6 Clermont's engineer shall be the engineer of record for the Off Site
Water Pipeline. Owner shall pay Clermont upon signing this Agreement a flat fee
of $32,462.34 to be distributed to Clermont's engineer.
4.7 Clermont shall provide technical assistance in evaluating the bid
proposals received by Owner.
4.8 Owner shall select the most qualified bidder, which mayor may not
be the lowest bidder. Owner shall weigh many considerations in selecting the
most qualified bidder. Clermont shall have the right to approve or disapprove the
bid amount or any unit price or unit amount of any portion of the bid.
4.9 Owner shall construct the water pipeline pursuant to Clermont's
construction plans, technical specifications, FOOT Permit, FOEP Permit, and
lake County Permit.
4.10 The entire cost of the water design, engineering, surveying,
permitting, obtaining approvals, construction, testing, inspection, final
certifications, Owner's surveyor, Owner's attorney, Clermont's inspector, and
Clermont's engineer shall be paid by Owner and shall be considered a cost of
construction. Clermont shall approve or disapprove Owner's attorney's fees.
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4.11 Prior to Clermont's signing the "FDEP Certification of Construction
Completion and Request of a Letter of Clearance to Place a Public Drinking
Water Facility into Service" ("FDEP Letter of Clearance Request") of the Off Site
Water Pipeline, Clermont's engineer of record shall provide to Clermont a set of
record drawings on Mylar and two sets of blue line prints, certified by Clermont's
engineer of record as being true record drawings and a certification that the Off
Site Water Pipeline was constructed substantially in accordance with the
approved permit, plans, and specifications. Owner shall also provide a certified
"as-built" survey of the Off Site Water Pipeline to Clermont upon completion of
construction for Clermont's engineer's certification.
4.12 Owner shall provide Clermont with documentation of the actual cost
of design, engineering, surveying, permitting, obtaining of approvals, obtaining
easements, construction, inspections, final certifications, and other legitimate
costs associated solely with the construction of the Off Site Water Pipeline as
soon as such documentation becomes available.
4.13 Upon Clermont receiving the FDEP Letter of Clearance Request for
the Off Site Water Pipeline, ownership of the Off Site Water Pipeline shall transfer
to Clermont.
SECTION 5. REIMBURSEMENT TO OWNER OF OFF SITE WATER
CONSTRUCTION COSTS
5.1 On the date that Clermont receives the FDEP Letter of Clearance
Request, Owner's contractor shall provide a one year, twenty percent (20%) cost
of construction for Off Site Water Pipeline maintenance bond to Clermont.
5.2 On the date that Clermont receives the FDEP Letter of Clearance
Request, Clermont shall provide a credit towards Magnolia Pointe's water impact
fees in an amount equal to the cost to design, permit, and construct a water
pipeline that is the minimum size required to serve Magnolia Pointe pursuant to
the Clermont Code and FDEP Regulations. The bidding procedure specified in
Section 4 shall determine the actual construction price of such minimum size
water pipeline. The design, engineering, surveying, permitting, obtaining
approvals, construction, installation, testing, inspection, file certifications,
Owner's surveyor, Owner's attorney, Clermont's inspector, and Clermont's
engineer costs for the minimum size and Clermont requested water pipelines
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shall be assumed to be equal and shall be credited to Magnolia Pointe's water
impact fees.
5.3 On the date that Clermont receives the FDEP Letter of Clearance
Request, Clermont shall pay Owner the difference between the dollar amount to
construct the Off Site Water Pipeline and minimum size water pipeline.
5.4 On the date that Clermont signs this Agreement, Owner shall pay to
Clermont an amount equal to Clermont's engineer's flat fee of $32,462.34.
SECTION 6. ON SITE WATER AND SEWER.
6.1 Owner, at Owner's expense, shall install all water and sewer lines,
services, facilities, and fittings, and fire hydrants within Magnolia Pointe ("On Site
Water and Sewer System") that are required for the provision of potable water,
fire supply, and sewer services to all lots and parcels created on the property in
accordance with the On Site Water and Sewer System design plans and
technical specifications approved by Clermont and the FDEP Permits.
6.2 Within 14 days after Owner submits On Site Water and Sewer
System plans and technical specifications to Clermont, Clermont shall either
approve or provide a list of modifications of the plans and technical specifications
to Owner. If the On Site Water and Sewer System plans and technical
specifications are not initially approved, Clermont shall either approve or provide
written modifications within 14 days after receipt of each revised set of plans and
technical specifications. The On Site Water and Sewer System plans and
technical specifications shall adhere to Clermont Standards and generally
accepted engineering practices and Clermont's approval shall not be
unreasonably withheld.
6.3 Owner shall construct or install the On Site Water and Sewer System
within the easements or right-of-way granted or dedicated for Clermont's
nonexclusive use. Clermont shall allow connection of the On Site Water and
Sewer System to Clermont's Off Site Water Pipeline and Off Site Sewer
Improvements at the approved location to Clermont's point of access.
6.4 Prior to Clermont's signing the FDEP Certification of Completion and
FDEP Letter of Clearance Request for the On Site Water and Sewer System,
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Owner's engineer of record shall provide to Clermont a set of record drawings of
the On Site Water and Sewer System on Mylar, two sets of blue line prints, and a
certification by Owner's engineer of record that the On Site Water and Sewer
System was constructed substantially in accordance with the approved permit,
plans, and specifications.
6.5 On the date that Clermont receives the FDEP Certification of
Completion for the on site water improvements, Owner's Contractor shall post a
one year, 20 percent cost of construction maintenance bond to Clermont.
6.6 On the date that Clermont signs the FDEP Certification of
Completion for the on site sewer improvements, Owner's Contractor shall post a
one year, 20 percent cost of construction maintenance bond to Clermont.
6.7 Owner will provide necessary easements to Clermont for the
operation and maintenance of the water and sewer Improvements as well as
easements for ingress and egress across all streets.
6.8 There is no need for Owner to oversize any on site water and sewer
facilities, such as pipes, lift stations, infrastructure, etc. Clermont, at Clermont's
expense, may oversize any of the on site water and sewer facilities, such as
pipes, lift stations, infrastructure, etc. If Clermont chooses to oversize any of the
on site water and sewer facilities, then, on the date that Clermont signs the FDEP
Certification of Completion and FDEP Letter of Clearance Request, Clermont
shall pay Owner the difference between the dollar amount to construct the on site
water and sewer facilities needed solely to service Magnolia Pointe and the
oversized on site water and sewer facilities chosen by Clermont.
6.9 If a dry line permit is required, Clermont shall cooperate with owner
in obtaining such permit.
SECTION 7. REFUND OF IMPACT FEES TO OWNER
7.1 Pursuant to Sections 3 and 5, Clermont will determine the amount of
prepaid water and sewer impact fee units by utilizing the water and sewer impact
fee schedules adopted by Clermont on the dates that Clermont receives the
FDEP Letter of Clearance Request for the Off Site Water Pipeline and signs
FDEP Certification of Completion for the Off Site Sewer Improvements.
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7.2 When building permits are pulled in Magnolia Pointe, Clermont shall
collect the then current water and sewer impact fees from the builder.
7.3 For each water and sewer impact fee collected from each builder,
Clermont shall refund to Owner the portion of impact fee that equals the water or
sewer impact fee credit received by Owner and Clermont shall keep the
difference between the then current impact fee and the impact fee credit which
was refunded to Owner.
7.4 On a quarterly basis, Clermont shall refund to Owner the collected
impact fees until all water and sewer impact fee credits have been reimbursed to
Owner.
7.5 If the sewer impact fee credits have been fully repaid to Owner and
there is still a balance owing for the water impact fee credits, then Clermont shall
refund to Owner both the water impact fee and sewer impact fee until the entire
water impact fee credit has been repaid.
SECTION 8. WATER AND SEWER GENERAL PROVISIONS
8.1 PROFESSIONAL ENGINEER. Owner agrees to retain a
professional engineer licensed in the State of Florida, as engineer of record, to
design the On Site Water and Sewer System and for making all inspections and
final certifications to the applicable regulatory agencies and Clermont.
8.2 APPROVED CONTRACTOR AND INSPECTIONS. Owner agrees
that the construction of the water and sewer system (both on site and off site
work) will be done by a general contractor approved by Clermont for such work.
The work will be performed under the direction and guidance of the engineer of
record. The engineer of record shall make periodic inspections of the progress of
the construction, for the purpose of insuring the correctness and quality of the
construction in accordance with the design specification for the project and the
local, state and federal permits and regulations. Notice of such inspections shall
be given in order that Clermont may accompany the engineer of record on the
inspection. The engineer of record shall certify to Owner and Clermont and the
pertinent state, local and federal regulatory agencies that the construction has
met the design specification approved by the permitting agencies and Clermont.
8.3
MAINTENANCE BOND. Owner, pursuant to the Clermont Code,
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agrees to post a one year Maintenance Bond in the amount of twenty (20%)
percent of actual cost of installation of the Off Site Sewer Improvements, Off Site
Water Pipeline, and On Site Water and Sewer System accepted by Clermont for
the purpose of warranting the workmanship, materials, and design of the
improvements and to transfer all warranties of equipment to Clermont. The
Maintenance Bond amount shall be determined by the construction agreement to
build the improvements.
8.4 AFTER CONVEYANCE. After legal conveyance of the water and
sewer system (both on site and off site work), the water and sewer system (both
on site and off site work) shall be deemed incorporated into and a part of
Clermont water and sewer system and Clermont will maintain, operate and
control the water and sewer system (both on site and off site work). Thereafter,
subject to the above described maintenance bonds, it shall be Clermont's
obligation, at Clermont's expense, to own and operate the water and sewer
system (both on site and off site work) and to maintain it in good and repair and
operating condition and in compliance with all applicable codes, laws, ordinances,
rules and regulations.
8.5 CAPACITY IS AVAilABLE. Clermont now has adequate water and
sewer capacities to service all of the property described in Exhibit "A" to the
extent of 528 residential units at the gallonage specified pursuant to FDEP, lake
County Code, and Clermont ordinances. Clermont guaranties that such
capacities will be available in the future pursuant to the terms of this agreement.
Clermont will not allow any connections to the Off Site Water Pipeline and Off
Site Sewer Improvements constructed by Owner, if by allowing such connection,
Clermont would not be able to honor its commitment for water and sewer
capacities.
8.6 CLERMONT APPLICANT. Clermont shall be the applicant on the
Off Site Sewer Improvements and Off Site Water Pipeline for all required
governmental permits and approvals. Owner shall be the applicant on the On
Site Water and Sewer System for all required governmental permits and
approvals.
8.7 RETAil WATER AND SEWER CHARGES. The Magnolia Pointe
community shall be charged water and sewer rates which are uniformly imposed
in the areas which are already annexed into Clermont for customers served by
the same system referred to as the Clermont East system, both prior to and after
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annexation.
8.8 INSTALLATION OF FACILITIES. Clermont and Owner shall install
all equipment and facilities respectfully required hereunder in a good and
workmanlike manner. Clermont and Owner shall comply with all applicable
permits, laws, ordinances, codes and regulations performing their obligations.
8.9 APPROVALS. Whenever approvals of any nature are required by
any party of this agreement, such approval shall not be unreasonable withheld or
delayed.
8.10 STATE ROAD 50 RIGHT-OF-WAY. Clermont shall use its best
efforts to secure easements and/or fee simple parcels of abutting State Road 50
for the placement of water lines, sewer lines, and lift stations. If easements
cannot be secured by Clermont prior to the need for Owner to construct water
lines, sewer lines, and/or lift stations to serve Magnolia Pointe, then the State
Road 50 right-of-way shall be utilized. If Clermont's engineer has designed
engineering plans under the assumption that easements have been obtained
AND engineering plans have to be amended when it is determined that S.R. 50
right-of-way must be used, THEN Clermont's engineer shall charge engineering
and surveying fees, above the not to exceed fees, pursuant to Clermont's fee
schedule for engineering. Owner shall approve or disapprove of Clermont's
engineer's fees.
8.11 PRIVATE WEllS AND SEPTIC TANKS. Owner intends to build
model homes during the construction of the water and sewer system (both on site
and off site work). Clermont shall not object to the models utilizing private wells
and septic tanks until such time as water and sewer service is available.
8.12 LIQUIDATED DAMAGES. Pursuant to Sections 2.2 and 4.2,
Clermont has agreed to provide FDOT and FDEP Permits for the Off Site Sewer
Improvements and Off Site Water Pipeline within 6 months. Owner shall
construct the Off Site Sewer Improvements within 4 months and Off Site Water
Pipeline within 2 months from the dates that the FOOT and FDEP Permits are
delivered to Owner. If Clermont provides the FDOT and FDEP Permits for
potable water and/or sewer after the 6 month deadline OR if Clermont causes a
delay, such as correcting a design flaw, AND Clermont's delay causes Owner to
have to utilize private wells and/or septic tanks to obtain a C.O., THEN the
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following shall occur: When water and/or sewer service becomes available,
Clermont, at its expense, shall reimburse to Owner the water impact fee and/or
sewer impact fee paid by the builder. If the six month deadline is not adhered to
as the result of a delay caused by FDEP, then when water and/or sewer service
becomes available, Clermont, at its expense, shall reimburse to Owner one half
(Y2) of the water impact fee and/or sewer impact fee paid by the builder.
8.13 LIQUIDATED DAMAGES EXAMPLE. If Clermont provides the
FOOT and FDEP Permits for water and sewer in 7 months from the effective date
AND the delay is not caused by FDEP AND Owner has models which are ready,
but unable, to connect to sewer between 10 - 11 months and water between 8 - 9
months from the effective date, THEN when water and sewer service becomes
available, Clermont, at its expense, shall refund to Owner the water impact fee
and/or sewer impact fee. However, if Owner's models are ready to connect to
sewer prior to 10 months or after 11 months OR water prior to 8 months or after 9
months, THEN when water and sewer service becomes available, Owner, at its
expense, shall disconnect the private wells and/or septic tanks and connect to the
water and sewer service.
SECTION 9. ANNEXATION
9.1 AGREEMENT TO ANNEX. Owner agrees to allow annexation of
Magnolia Pointe when it becomes eligible for annexation.
9.2 TIME PERIOD TO ANNEX. Owner currently has Magnolia Pointe
under contract and is not scheduled to close on the property until August 1997.
Owner, at Owner's option, has the legal right to postpone the closing until
November 1997. Owner shall execute the standard Clermont Annexation
Agreement immediately after closing on Magnolia Pointe and deliver it to
Clermont. Owner shall not sell any portion of Magnolia Pointe until after the
Clermont Annexation Agreement has been recorded in the Public Records of
lake County.
9.3 RULES AND REGULATIONS. Clermont agrees that Owner shall
develop Magnolia Pointe under the rules and regulations which currently exist in
the unincorporated area of lake County. Owner may develop Magnolia Pointe in
one phase or as a multi-phased community. Clermont agrees that the lake
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County Comprehensive Plan, Lake County Code, and Lake County Developer's
Agreement govern the development of Magnolia Pointe. If annexation occurs,
Clermont agrees to allow Magnolia Pointe to develop in accordance with the Lake
County Comprehensive Plan, Lake County Code, and Lake County Developer's
Agreement in effect at the time of annexation. If Clermont and Lake County enter
into a Joint Planning Area Agreement, Clermont agrees to allow Magnolia Pointe
to develop in accordance with the Lake County Comprehensive Plan, Lake
County Code, and Lake County Developer's Agreement as if Magnolia Pointe
was not in the Joint Planning Area. This Section 9.3 only applies to the 132 acres
which comprise Magnolia Pointe Construction of water and sewer facilities shall
be in conformance with Clermont's standards.
SECTION 10. GENERAL OBLIGATIONS
10.1 MUTUAL INTENT This Agreement is a binding contract and outlines
the terms to be included in drafting a formal Annexation Ordinance.
10.2 WAIVER. No waiver of any provision shall be effective unless
executed in writing by the party alleged to have made the waiver. No waiver of a
provision shall constitute a continuing waiver unless designated as such. A
party's forbearance to enforce any available rights or to exercise any available
remedy, or to insist upon strict compliance herewith, should not be deemed a
waiver of such rights, remedies, or strict compliance. Such forbearance should
not stop that party from exercising all available rights and remedies, or from
requiring strict compliance in the future.
10.3 SEVERABILITY. In the event that any provision of this agreement
shall be held invalid or unenforceable, that provision shall be deleted from this
agreement without effecting in any respect whatsoever to the validity of the
remainder of this agreement.
10.4 ASSIGNABILITY. Owner may assign this agreement or any of
Owner's rights hereunder to subsequent transferees of the property or portions
thereof.
10.5 ATTORNEY'S FEES. If it becomes necessary for either party to
take action, including legal action, to enforce this agreement, then each party
shall pay its own attorney's fees.
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10.6 APPLICABLE LAW. This agreement shall be governed by the laws
of Florida. Venue shall be in Lake County, Florida.
10.7 NOTICES
a. 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 fully given or made or sent when in
writing and addressed as follows:
CLERMONT
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
OWNER
Dan Decker
Magnolia Pointe Development, Inc.
c/o Tim Hoban
Blanchard and Hoban
35 E. Pinehurst Blvd.
Eustis, FL 32726
b. All notices required, or which may be given hereunder, shall
be considered properly given if (1) personally delivered, (2) sent by certified
United States mail, return receipt requested, or (3) sent by Federal Express or
other equivalent overnight letter delivery company.
c. The effective date of such notices shall be the date personally
delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter
delivery company, the date the notice was picked up by the overnight letter
delivery company.
d.
Parties may designate other parties or addresses to which
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notice shall be sent by notifying, in writing, the other party in a manner designated
for the filing of notice hereunder.
10.8 PERFORMANCE. Time is of the essence in the performance of this'
Agreement.
10.9 AMENDMENTS. Any amendment to this agreement is not effective
unless the amendment is in writing and signed by all parties.
10.10 EFFECTIVE DATE. The effective date of this agreement shall be
the last day of execution of the signatures required hereunder.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. Clermont through its
City Council, signing by and through its Mayor, authorized to execute same by
City Council action on the 10th day of December, 1996, and Daniel Decker,
President of Magnolia Pointe Development, Inc., duly authorized to execute the
same.
Clermont
BY: 4-d~~
~
Robert A. Pool, Mayor
ATTEST:
".....-
~h~~
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Magnolia Pointe Development, Inc.
BY:£:) ~' r-
Daniel Decker, . ent
¿ Qç~ .
Sig
'Rr ~ ~~t(
Printed Name of Witness
~J:~
Signature of W: ness
_V'c..t:,{h ~ú(.f
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF LAKE
8
The foregoing instrument was acknowledged before me this LD 1& day
of FEBR.ùIJRyl , 199f , by DANIEL DECKER, President, Magnolia Pointe
Development, Inc., a Florida corporation, on behalf of the Corporation. He is
oersonalb£..known to me or who has produced
identifi ation and did (did n t) take an oath.
M Commission Ex ires:
- OT EAL
l EŒNN1R7H C EDGINGTON
MmfAi."Th' í?OOl..~C :;lATE OF F"æmOA
oo~~~mN NO. CCJ67535
r:fN 001~ EXP. Affi. 26,19~
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