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1995-49 LOWNDES DROSDICK DOSTER KANTOR & REED, P.A. Attorneys at Law En>ea . ~ (~ Jama B>lJctu W~ham A. Bc<:kcu W~ham R. Bord,Jr. Matthew G. Brenner Dale A. Burket Charles C. Carrington W. Mlchod Clúford W. Terry Costolo Janet M. Courtney Willwn E. DoSIer Willwu T. Dymond, Jr. > RichardJ. F~des Moranda F. FItZgerald Mr. Wayne Saunders City Manager City of Cle~ont P. O. Box 120219 Cle~ont, Florida Re: Dear Mr. 32712-0219 . ~ Tbanw Eo Prantll Julu L Prey Lou.. Prey.}r. Barry L Goff Aaron J. GorOVIU Linda C. Hankins James F. Hcckin,Jr. Robert P. H'KIInS Lonn A. Johnson Gary M. KalelU Hal tl. Kantor James G. KatUlmann Joseph G. Køn Josepb A. Lane Harry W. Lawrence R. Klmbark Lee Jobn F~ LoWDdes . Juhan Eo Wluuhunt Tunothy J. Manor Jon c. Yerlla Danld F. Mdntolh Terry C. YOU"l H.Grqory McNeill - David Eo Peterson T. Todd Pittenger Nicholas A Pope Shawn G. Rader Morey RalSk.n John A. Rud. Jr. Mich..,! Ryan Margaret H. Schrell,.r Clcatou, J. SunmoDS Gary R. Soles James M. Spoonhour Scou C. Thompson December 28, 1995 Kathl W. Burkholder COley M. Cavanaugh Gllnton R. Dar..n, Jr. George J. Dram.. Tony M Fineman DarreU D. Garvey JamesJ. Hoctor Natal.. A. J..,kvoDY Peter L Lopez Amy S. Lowndes Keith MaJW Bryan T. McCuUy John G MorrIS Samuel M. Ncbon Patnck K. R1nka Mark D. Scuncca T. AIS'UII SunmODS Wendy L ~pltlcr ChrIStopher P. Teu""re James S. TOKano John T. Wetuch, Jr. Karen A. W~lwyu David G WtUúord Of Courud. Matt E. Dcal Mtclud V EIobcrry Teresa B. FIDer f\Ci1Þ ~ (-) W ~ ""----- - -- First Amendment to Utility Service Agreement b~d between the City of Cle~ont, Florida an ~. Development, Inc., ,dated November 28, 1995 - ..u _..J JFL:djm Enclosure c : Mr. Robert Leonard H. Saunders: A. Mandell Baird, Jr., I am. enclosing this law fi~' s check, in the amount of $70,000, made payable to the City of Cle~ont, Florida. This check represents the payment due the City by MAK Development, Inc. on December 31,1995 for wastewater impact fees in accordance with the te~s of the above-referenced First Amendment to Utility Service Agreement. 215 NORTH EOLA DRIVE. POST OFFICE BOX 2809 . ORLANDO. FLORIDA 32802 TELEPHONE 407.843-4600 . FAX 407-423-4495 Esquire MEMUr.1I Ot' COMMEIICI,~L LAW AH1L1ATES WITH INDEPENDENT OFFICES IN P¡¡¡NCIPAJ. CITIES WOIIWWIDE R~ !¥~ -f~ ~ t41J1 Q! ,..,--1 {k)'1'~:: ~> /v ~ ouo - 00 8 ~ J)~:,L ~::/ /'1'::,. ~~_' . CHECK NO L:CLJ. ')' ~, 001837 40890 MAK DEVELOPMEN MAK DEV-KNAPP PROP CITY OF CLERMONT~ FLu WA~TEWATER IMPACT FE~ LOWNDES, DROSDICK, DOSTER, KANTOR & REED PROFESSIONALASSOCIATION ESCROW ACCOUNT 215N EOLADRIVE ORLANDO, FLORIDA 32802-2809 CHECK NO. 026195 63-751 631 FIRST UNION NATIONAL BANK OF FLORIDA ORLANDO. FLORIDA ;':V ENTY THOUSAND ---- ----- -- - - ---------------------------- 00 /100 ~ PAY CITY OF CLEI=õ:IYIOl'n-:, Fl... u TO THE ORDER OF 1180 2 b ¡. ~ 5118 JFL:djm Enclosure c: Mr. Robert A. Mandell Leonard H. Baird, Jr., Esquire Yours 215 NORTH EOLA DRIVE. POST OFFICE BOX 2809 . ORLANDO, FLORIDA 32802 TELEPHONE 407-843-4600 . FAX 407-423-4495 MEMBER OF COMMERCIAL LAW AFFILIATES WIn! INDEPENDENT OFFICES IN PRINCIPAL CITIES WORWWIDE . . CITY OF CLERMONT Office of the City Manager December 11, 1995 Mr. John Lowndes Lowndes, Drosdick, Doster, Kantor & Reed P.O. Box 2809 Orlando, FL 32802 Dear Mr. Lowndes: Enclosed are two fully executed copies of the amendment to the MAK Development, Inc. utility service agreement with the City of Clermont. If you have any questions, do not hesitate to call. Sincerely, CITY OF CLERMONT WS:aw Enclosures P.o. BOX 120219 . CLERMONT, FLORIDA 34712-0219 . PHONE: 904/394-4081 FAX: 904/394-1452 8 8 FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT THIS FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT entered into this~ day of ~.I '." ~~ / , 1995 by and between the CITY OF CLERMONT, FLORIDA, a municipal subdivision of the State of Florida (hereinafter referred to as the "City") and MAK DEVELOPMENT, INC., a Florida corporation (hereinafter referred to as the "Developer") . WITNESSETH: WHEREAS, the City and the Developer entered into that certain Utility Service Agreement dated September 28, 1994 (hereinafter referred to as the "Agreement") whereby the City agreed to provide water and wastewater service to the Knapp Property, as such terms are defined in the Agreement; and WHEREAS, the City and the Developer wish to amend the terms of the Agreement as set forth in this First Amendment thereto (the "Amendment" ) NOW THEREFORE, in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Terms. The definition and special meaning for certain words in the Agreement shall also apply to those words when used in this Amendment. 2. Certification of Utilities. The City does hereby certify and agree that it has available in the right-of-way of Hancock Road adj acent to the Knapp Property, adequate utility facilities to provide water and wastewater services to the Lots and commercial parcels which can be developed on said property, and the City now 8 8 is ready, willing and able to provide water and wastewater service to the Knapp property. The City does further certify and agree that said utility facilities for water and wastewater service, which include water distribution plants, wastewater treatment plants, mains, lines and lift stations, have adequate capacity to serve the Knapp Property as it is developed in accordance with its current zoning, and that said facilities are installed, completed and in full working order on the date hereof and were installed, completed and in full working order on August 28, 1995. 3. Wastewater Impact Fees. The City and the Developer agree and acknowledge that the wastewater impact fees charged by the City which are applicable to the first one hundred (100) Lots contemplated by the first sentence of Paragraph 4 of the Agreement (the "Fees") are in the amount of TWO HUNDRED THIRTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($237,400), and the developer has agreed to pay said sum to the City upon the installation of the facilities described above. The payment schedule for the Fees set forth in said Paragraph 4 is hereby modified to provide for payment by the Developer to the City of the Fees as follows: SEVENTY THOUSAND DOLLARS ($70,000) shall be paid on December 31,1995, an additional SEVENTY THOUSAND DOLLAR ($70,000) payment shall be made on December 31, 1996 and the balance of the Fees, in the amount of NINETY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($97,400), shall be due and payable on December 31, 1997. 4. Application of Fees. As provided in the Agreement, all payments of the Fees hereunder shall be credited to and applied 2 8 8 against the wastewater impact fees for the first one hundred (100) Lots to be developed on the Knapp Property. The $70,000 to be paid on December 31, 1995 will be credited to wastewater impact fees for 29.486 Lots, and the $70,000 to be paid on December 31, 1996 shall be credited to wastewater impact fees for an additional 29.486 Lots. The $97,400 to be paid on December 31, 1997 shall be credited to wastewater impact fees for an additional 41.028 Lots. In the event wastewater service is requested for Lots exceeding the number of prepaid Lots, payment shall be made in full for all Lots in excess of the prepaid Lots for which service is requested at the time the request is made. Payment for non-prepaid Lots shall be applied to reduce the next due annual payment hereunder. 5. No Further Amendments. with the exception of the aforementioned modifications, the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Developer have executed, or have caused this Amendment to be executed in several counterparts, each of which counterpart shall be considered an original copy of this Amendment. Signed, sealed and delivered in the presence of: CITY OF CLERMONT, FLORIDA By: ø ~~ Namé: Q"" I. ø r +- A ÇI '" " ( Title: I.4n1"'"" ~ ~~ pri:Z~:a!í ~.".~~: ~c. ~ted Name, ~ . ' .~¡:IN 3 8 ~~~ õ. ......,... ~;/~ Printed Name :b"y.r/-",c L. J.¿'r-tUUc- 229018\MADDOXDJ 8 MAX DEVELOPMENT, INC. BY'~ obert A. Mandell President 4 r LOWNDES DR OS DICK DOSTER KANTOR & REED, P.A. Attorneys at Law Er.roswck Thom.. E. Franco John F. Lownda 8 Juhan E. Whiuhurst John G. Morro (1 82) Juha L Frey Tunothy J Manor Jon C Yergler Samuel M. Nelson Jam~ Louis Frey. Jr. Damel F. McIntosh Terry C. Young Patrick K. Rmka Willwn A. Beckett Barry L Goff H. Gregory McNeill Mark D Scuncea WillIam R. Bird, Jr. Aaron J. GorOVItz DaVId E Peterson Kathi W. Borkholder T. Austin Sunmons Landa C. HantuN T. Todd Pittenger Casey M Cavanaugh Wendy L Spitler Matthew G. Brenner James F. Hmm.Jr. Nichol.. A. Pope Glinton R. Dar"n. Jr. Chrotopher P. TesSItore Dale A. Burket Charles C. Carnngton Robert F. Hlßgms Shawn G. Rader George J. Dramo James S. Toscano Loran A. Johnson Morey Raokm Tony M. Fineman John T. Wcttach. Jr. W. MIchael Chfford Gary M. IWetta John A Rccd,Jr. Darrell D Garvey Karen A. Willwns W. Terry Costolo Hal H. Kantor MIchael Ryan James J. Hoctor DavId G. Wdhford Janet M. Courtney James G Kattclmann Margaret H. Schreiber Natahe A. Jackvony Willwn E. Doster Joseph G. Kern Clcatous J. SunmON Peter L Lopez ~rÜcl: WillIam T Dymond. Jr Joseph A. Lane Gary R. Soles Amy S Lowndes Matt E Bc:aI RIchard J. Fildes Harry W. Lawrence James M. Spoonhour Kerth ManzI MIChael V. Elsberry Miranda F. Frtzgcrald R. Kunbark La: Scott C Thompson Bryan T McCuUy Teresa B Fmer November 28, 1995 Mr. Leonard H. Baird, Jr. 635 West Highway 50/#A Cle~ont, Florida 34711 Re: Dear Lenny: City of Clermont/MAX Development, Inc. l~ I am enclosing four copies of the MAK Development Agreement with the City of Clermont, which have been executed by Bob Mandell, as President of MAK Development, Inc. Please have the Agreement executed by the City of Clermont and return two fully executed copies to me. truly, Lowndes JFL:djm Enclosures c: Mr. Robert A. Mandell \ \ 215 NORTH EOLA DRIVE . POST OFFICE BOX 28Ó9 . ORLANDO. FLORIDA 32802 TELEPHONE 407,843-4600' FAX~07-423-4495 MEMBER OF COMMERCIAL LAW AFFILIATES WITH INDEPENDENT OFF1jES IN PRINCIPAL CITIES WORLDWIDE - I . . . . 8 FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT THIS FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT entered into this ~J¥'- day of ~ ' 1995 by and between the CITY OF CLERMONT, FLORIDA, a municipal subdivision of the State of Florida (hereinafter referred to as the "City") and MAl{ DEVELOPMENT, INC., a Florida corporation (hereinafter referred to as the "Developer") . WITNESSETH: WHEREAS, the City and the Developer entered into that certain Utility Service Agreement dated September 28, 1994 (hereinafter referred to as the "Agreement") whereby the City agreed to provide water and wastewater service to the Knapp Property, as such terms are defined in the Agreement; and WHEREAS, the City and the Developer wish to amend the terms of the Agreement as set forth in this First Amendment thereto (the "Amendment" ) NOW THEREFORE, in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. The definition and special meaning for certain Terms. words in the Agreement shall also apply to those words when used in this Amendment. 2. Certification of Utilities. The City does hereby certify and agree that it has available in the right-of-way of Hancock Road adj acent to the Knapp Property, adequate utility facilities to provide water and wastewater services to the Lots and commercial parcels which can be developed on said property, and the City now " '. . 8 is ready, willing and able to provide water and wastewater service to the Knapp property. The City does further certify and agree that said utility facilities for water and wastewater service, which distribution treatment include plants, wastewater water plants, mains, lines and lift stations, have adequate capacity to serve the Knapp Property as it is developed in accordance with its current zoning, and that said facilities are installed, completed and in full working order on the date hereof and were installed, completed and in full working order on August 28, 1995. 3. The City and the Developer agree Wastewater Impact Fees. and acknowledge that the wastewater impact fees charged by the City which applicable one first (100) the hundred to Lots are contemplated by the first sentence of Paragraph 4 of the Agreement (the "Fees") are in the amount of TWO HUNDRED THIRTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($237,400), and the developer has agreed to pay said sum to the City upon the installation of the facilities described above. The payment schedule for the Fees set forth in said Paragraph 4 is hereby modified to provide for payment by the Developer to the City of the Fees as follows: SEVENTY THOUSAND DOLLARS ($70,000) shall be paid on December 31,1995, an additional SEVENTY THOUSAND DOLLAR ($70,000) payment shall be made on December 31, 1996 and the balance of the Fees, in the amount of NINETY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($97,400), shall be due and payable on December 31, 1997. 4. Application of Fees. As provided in the Agreement, all payments of the Fees hereunder shall be credited to and applied 2 , , . . 8 8 against the wastewater impact fees for the first one hundred (100) Lots to be developed on the Knapp Property. The $70,000 to be paid on December 31, 1995 will be credited to wastewater impact fees for 29.486 Lots, and the $70,000 to be paid on December 31, 1996 shall be credited to wastewater impact fees for an additional 29.486 Lots. The $97,400 1997 to be paid on December shall be 31, credited to wastewater impact fees for an additional 41.028 Lots. In the event wastewater service is requested for Lots exceeding the number of prepaid Lots, payment shall be made in full for all Lots in excess of the prepaid Lots for which service is requested at the time the request is made. Payment for non-prepaid Lots shall be applied to reduce the next due annual payment hereunder. 5. Further Amendments. With the the exception of No aforementioned modifications, the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Developer have executed, or have caused this 1.n several Amendment be executed to counterparts, each of which counterpart shall be considered an original copy of this Amendment. Signed, sealed and delivered in the presence of: CITY OF CLERMONT, FLORIDA BY'~~ N ~ me : (2. .. 1-- "----- T 1. tIe: V\.i a '1 n'- ~~ Pr inted . Naã ?f¡;;:;~~ ',~, , ~~¿e' . 'FF/iJ 3 - . .. -8 ~~ IM-ÞÞ., ~X~ Printed Name: {hr/Jl'P1e L /<',.~se 2290 18\MADDOXDJ 8 MAX DEVELOPMENT, INC. BY'~ Robert A. Mandell President 4