Contract 2022-018AINSTRUMENT#: 2022041848 OR BK 5924 PG 422 PAGES: 6 3/25/2022 9:47:34 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $52.50
AGREEMENT FOR REIMBURSEMENT OF REUSE AND
WATER UTILITY IMPROVEMENTS
(Governors Lake Commercial Center)
This Agreement entered into and made as of the 22nd day of February, 2022 (the
"Effective Date"), by and between the CITY OF CLERMONT, FLORIDA (hereinafter referred
to as the "CITY'), and SOUTH LAKE CONNECTOR, LLC, a Florida Limited Liability
Company (hereinafter referred to as "OWNER").
WITNESSETH
WHEREAS, South Lake Connector, LLC is the owner and developer of the portion
Governors Lake Commercial Center, lying within the water and sewer utility service area of the
City of Clermont, as generally depicted in Exhibit "A," attached hereto and incorporated herein
by reference (the "Property"); and
WHEREAS, in connection with the approval and construction of infrastructure for
water, sewer and reuse service to the Property, OWNER agreed to and did construct certain
improvement that were above that required to serve the development of the Property (hereinafter
the "Additional Improvements'); and
WHEREAS, the construction of the Additional Improvements benefits the CITY and the
CITY therefore, it is in the best interest of the CITY to reimburse OWNER for the actual cost of
the Additional Improvements, in accordance with the terms and conditions as further set forth
herein.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the CITY and OWNER agree as follows:
SECTION 1. RECITALS.
The above recitals are true and correct and form a material part of this Agreement.
SECTION 2. CONSTRUCTION OF ADDITIONAL IMPROVEMENTS.
A. The CITY hereby agrees and confirms that the Additional Improvements as more
particularly described in Exhibit `B" attached hereto and incorporated herein, have been
constructed to CITY standards and have been accepted by the CITY. The CITY shall reimburse
OWNER within thirty (30) days of the Effective date the sum of EIGHTY-SEVEN
THOUSAND FOUR HUNDRED DOLLARS ($87,400).
B. OWNER agrees to accept the above -sum in full and complete satisfaction of CITY's
reimbursement obligations hereunder.
INSTRUMENT# 2022041848 OR BOOK 5924/PAGE 423 PAGE 2 of 6
SECTION 3. HOLD HARMLESS AGREEMENT. OWNER hereby agrees to
and shall hold the CITY, its elected and appointed boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for damages for personal injury,
including death, as well as claims for property damage which may arise or may have arisen in
connection with the construction activities of OWNER, or its respective contractors, agents or
employees in installing the Additional Improvements. Nothing herein shall be interpreted,
construed as or deemed a waiver of any sovereign immunity that the CITY may enjoy.
SECTION 4. DURATION OF AGREEMENT. With the exception of the
foregoing Section 3, the duration of this Agreement shall commence upon the Effective Date and
shall, with the exception of Section 3 above which shall expressly survive, terminate on such
date as OWNER receives the reimbursement amount set forth above.
SECTION 5. NOTICES. Where notice is herein required to be given, it shall be by
certified mail return receipt requested, addressee only, hand delivery, or by courier. Said notice
shall be sent to the following as applicable:
C�I�I 414
South Lake Connector, LLC
6680 Gulf of Mexico Drive
Longboat Key, FL 34228
Attention: Randall Langley
CITY:
City of Clermont, Florida
685 W. Montrose Street — 3rd Floor
Clermont, Florida 34711
Attn: City Manager
Should any party identified above change, it shall be said parry's obligation to notify the
remaining parties of the change in a fashion as required for notices herein.
SECTION 6. ENTIRE AGREEMENT.
A. This Agreement constitutes the entire agreement between the parties as to the
matters set forth herein and supersedes all previous understandings, discussions and agreements
to the contrary as to all matters set forth herein whether oral, expressed or implied.
B. No variations, modifications, amendments or changes shall be binding upon the
parties unless set forth in a written agreement executed by all parties or equal dignity herewith.
SECTION 7. 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 wavier. to or of, any other breach or default in the performance of that party, or the
INSTRUMENT# 2022041848 OR BOOK 5924/PAGE 424 PAGE 3 of 6
same or of any other objection of performance incumbent upon that party. Failure on the part of
any 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 the party of its
rights and any remedies that exist under this Agreement, at law, or in equity.
SECTION 8. GOVERNING LAW: VENUE. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida. The venue for purposes of
litigation shall be the Fifth Judicial Circuit in Lake County, Florida.
SECTION 9. CITY's OBLIGATIONS. This Agreement shall not be deemed to
pledge the credit of the CITY nor to make the CITY a co -venturer or partner of OWNER.
SECTION 10. CONSTRUCTION. This Agreement shall not be construed against
any party on the basis of it being the drafter of the Agreement. The parties agree that the parties
herein played an equal part in reciprocity in drafting this Agreement.
A. Capitalized terms contained herein shall have not more force nor effect than
uncapitalized terms.
B. Captions and section 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 this Agreement.
C. There are no third -party beneficiaries to this Agreement. This Agreement is
entered into exclusively for the benefit of the parties herein.
SECTION 11. SEVERABILITY. If any party of this Agreement is found in valid or
unenforceable in any court, such invalidity or unenforceability shall not affect the other parts of
that Agreement, if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can be affected. To that end, this Agreement is
declared severable.
[The Remainder of This Page Is Intentionally Left Blank.]
INSTRUMENT# 2022041848 OR BOOK 5924/PAGE 425 PAGE 4 of 6
IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement as of
the date and year first written above.
Attest:
41
Printed Name: t ✓u h tl v- I cc L
STATE OF FLORIDA
COUNTY OF _'—, tt
The foregoing instrument was acknowledged before me, by means of by means of 9,-physical
presence or O onhRe----aetarizatien- this 1 S day of MaYcan, 2yZ.-Z (date), by
ZIAViAtl Lc,, 1T(name), who is personally known to me or who has produced
FL In- J _ (type of identification) as identification.
Notary Public\,. Wew," c -
Printed Name: ka'%-c OL �•1.
My Commission Expires: t 21 a � 3
Commission #_ 1;; Gl _
ATTEST:,
By: ��- C t �;, r: 1 r 1 g
Tracy Ackroyd HcSwe, V MC
City Clerk
Y
��„r• M
tate of Florida
anneyGG 935309
023
CITY OF CLERMONT, FLORIDA
By: °t ;
Tim Murry,1� y-o- r ,
INSTRUMENT# 2022041848 OR BOOK 5924/PAGE 426 PAGE 5 of 6
EXHIBIT A
Legal Description of Governors Lake Commercial Center
TRACT 4, LOST LAKE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 50, PAGES 64-69, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
TRACT F. LOST LAKE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 54, PAGES 64-69, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
LESS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION
32, TOWNSHIP 22 SOUTH, RANGE 26 EAST, THENCE RUN S 89-56'38" E FOR A
DISTANCE OF 1449.42 FEET TO THE EASTERLY RIGHT OF WAY OF CITRUS TOWER
BOULEVARD TO THE POINT OF BEGINNING, SAID POINT BEING ON A NON —TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 400.00 FEET, A CENTRAL
ANGLE OF 11'39'40", AN ARC LENGTH OF 81.14 FEET AND A CHORD BEARING OF N
19'11'15" W TO A POINT OF CUSP OF SAID CURVE; THENCE RUN S 25'01'05" E FOR
A DISTANCE OF 84.81 FEET TO THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF
SECTION 32; THENCE RUN N 89' 56'38" W FOR A DISTANCE OF 9.12 FEET TO THE
POINT OF BEGINNING.
AND
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING EAST OF U.S. HIGHWAY NO. 27
AND LYING SOUTHEASTERLY OF CITRUS TOWER BOULEVARD.
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EXHIBIT B
Additional Improvements Eligible for Reimbursement
1,960 linear feet of 12" reclaimed water main and 5 gate valves across the projects road
frontages consistent with Sec. 114-6 (b) (3) of the city's code of ordinances