2005-01/1
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~ ~ {'" ~' `~ ~~ V'~ ` '~--y ~~ WATER & WASTEWATER SERVICE AGREEMENT
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• This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and School House Finance, LLC and its successors
or assigns, hereby referred to as OWNER. GATE: ~~.llli'?iiij~ i~~•,;+;~;41 ~M
JAt1E5 C:, WATflhaSr t:1.ERK t1F C:OURT
WITNESSETH LAKE COUhaTY
F'Ff:pF~GIhat; FEES tf.iiti
Whereas, OWNER is proposing to develop a charter school consisting of three buildings to
house and educate 700 students grades K thru 5, which is located on real property (the
"Property") described on Exhibit `A', attached hereto and by this reference made a part hereof;
and
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER
is requesting water and sewer service from the CITY; and
Whereas, as a condition of CITY providing said water and sewer service to the Property,
OWNER is to extend water and sewer lines to serve the Property and lines and appurtenances
must be sized and constructed in accordance with the minimum requirements of CITY Land
Development Regulations and to meet the flow demands for the subdivision; and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water
and/or sewer lines and appurtenances in order to provide additional capacity to other
properties; and
Whereas, as a condition of the provision of water and sewer service to the Property by the
• CITY, OWNER agrees that this Agreement shall constitute an unconditional application to
annex the Property into the City of Clermont, if CITY chooses to do so; and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water and sewer service shall be extended and sized.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows:
Section 1. OFF-SITE WATER/SEWER -Each and all of the foregoing premises are
incorporated into and constitute a part of this Agreement.
1.1 CITY shall provide water and sewer service for the Property.
1.2 OWNER shall connect to the existing City system at connection point or points approved
by CITY.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development and provide such documentation necessary for the CITY to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations.
-~ Page 1
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
• improvement plans.
1.6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No building permits shall be issued until water and
sewer are provided to the site or until a bond or letter of credit, acceptable to CITY, is in
place to guarantee completion of off-site improvements. No Certificate of Occupancy
shall be issued until water and sewer extensions have been completed and accepted by
the CITY.
1.7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property.
1.8 The CITY shall be responsible for the difference in cost of materials to oversize the line
if the CITY chooses to oversize based on plans and cost estimates provided by OWNER
to CITY, and approved in advance by the CITY.
1.9 The OWNER shall provide to the CITY a cost estimate for materials for the minimum
size lines and appurtenances and a cost estimate for materials for the approved
oversize. Cost estimate shall be contractors bid as certified by OWNER'S project
engineer. The CITY shall review and either approve or reject the costs.
1.10 The OWNER and CITY shall agree on the cost difference, which will be the
• responsibility of the CITY, prior to commencement of construction.
1.11 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the water and sewer lines and appurtenances, both on site and off
site, required to serve the Property, with reimbursement for the difference in costs as
determined in Section 1.9 from the CITY in the form of Impact Fee Credits.
1.12 The Impact Fee Credits shall be established subject to Sections 1.9 and 1.11, and at the
time of issuance of each building permit by applying the then current impact fee, which
shall be deducted from the Impact Fee Credit balance until credit is used.
1.13 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
`A' but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
Section 2. DEVELOPMENT STANDARDS
2.1 The project shall be developed according to the CITY Land Development Regulations
unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement.
2.2 Landscape islands shall be a minimum of 200 square feet in size.
Section 3. ANNEXATION
• 3.1 OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in
its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a
Page 2
Notice of Encumbrance To Annex Property in a form substantially in compliance with the form
set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this
Notice in the public records of Lake County whereupon it is agreed it shall serve as an
• enforceable encumbrance on the real property described in Exhibit "A". The Notice of
Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and
shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter
acceptable to CITY and issued by a licensed title company or attorney identifying all owners in
interest of the real property. All land transfers by OWNER shall contain a deed restriction or
covenant noting the existence of this encumbrance to annex, such restriction to be recorded as
a covenant to run with the land.
Section 4. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Section 5. NOTICES
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
been fully given or made or sent when in writing and addressed as follows:
CITY
City of Clermont
City Manager
• P.O. Box 120219
Clermont, FI 34712-0219
OWNER
School House Finance, LLC
Attn: Dennis Bakke
1005 Glebe Road Suite 610
Arlington, VA 22201
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the agreement required
hereunder.
Section 8. STATUTORY EXEMPTION
OWNER and CITY acknowledge that the South Lake Charter School is exempt from building
permits, assessment of fees for building permits, impact fees and service availability fees in the
same manner as any public school according to Chapter 1013.371, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below. CITY through its City Manager, authorized to execute same by City Council
action, and OWNER through S~r~ool 1--4 c;~~ 5~- ~t pn n P, LLC.,
• DATED this ~ day of ~Qv~uc~c ~ , 200~~
Page 3
~, e
•
CITY OF CLERMONT
arold S. Turville Jr., Mayor
ATTEST:
Tra ycTra Ackroyd, City C ~ rk
OWNER
School Ho a finance
STATE OF FLORIDA
COUNTY OF LAKE
•
•
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and tal acknowled ents, personally appeared as of
ho provided identification in the form o r ho is
pers ally known to be the person described in and who executed the foregoing, and that ~he
acknowledged before me that he executed the same.
Witness my hand and official seal thi~O ~ day of ~at~~C., 200
Notary Public
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• ~ '~~,
Page 4
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Exhibit "A"
That part of the Northwest 1/4 of Section 10, Township 23 South, Range 26 East, Lake County, Florida, described
as follows:
Commence at the Northeast corner of Lot 5 of Harlwood Pines, according to the Plat thereof, as recorded in Plat
Book 48, Pages.85 and 86, Public Records of Lake County, Florida, thence run South 00°51'51" West along the
East Ilne of said Hartwood Pines for a distance of 707.19 feet to the Point of Beginning; thence leaving the said
East Ilne, run North 89°34'05" East fora distance of 684.47 feet; thence run South 00°49'37" West for a distance
of 579.24 feet to the North right of way line of Hartwood Marsh Road; thence run North 89°49'53" West along the
said North right of way line for a distance of 684.72 feet to the aforesaid East line of Hartwood Pines; thence run
North 00°51'51" East along the said East Ilne thereof, for a distance of 572.07 feet to the Point of Beginning.
• The 9uality of this imsg6
is equivaient to chc ~u~i#~r
of the o~igiriai cio~;-uyjgent
•
TOTRL P. 03
Notice of Encumbrance
• to Annex to City of Clermont
City of Clermont
City Manager
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 11 day of January, 2005, between School House
Finance, LLC, Grantor, and the CITY OF CLERMONT, FLORIDA, A Municipal
Corporation, Grantee:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/ 100 ($1.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below -described
real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon
request of Grantee, annexed into the city limits of the City of Clermont at such time that
the annexation of said real property is in accordance with applicable law,
GRANTOR, further agrees, on his/ hers/ theirs/ its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
of the petition of which notice is given above, then this instrument shall be considered.
such request and/ or renewal. The subject property is described as:
Commence at the Northeast corner of Lot 5, HARTWOOD PINES, according to the plat thereof,
as recorded in Plat Book 48, Pages 85-86, Public Records of Lake County, Florida, thence run S
00"51'51" W along the East line of said HARTWOOD PINES for a distance of 707.19 feet to
the POINT OF BEGINNING; thence leaving said East line run N 89"34'05" E for a distance of
684.47 feet; thence run S 00"49'37" W for a distance of 579.24 feet to the North right of way
line of Hartwood Marsh Road; thence run N 89"49'53" W along said North right of way line for
a distance of 684.72 feet to the aforesaid East line of HARTWOOD PINES; thence run
00"51'51" E along said East Line for a distance of 572.07 feet to the Point of Beginning.
•
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Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
PROPERTY W ER(S)
1.
Signatur
ON~ ~ASSc
Type or print name
2.
Signature
Type or print name
i
STATE O ~-~-
• The foregoing instrument was acknowledged
~~ ~~Z~(.Q/4J 20Q~r` by ~a-r~ ~-l
personally known to me or who has produced
as identification and who did not take an oath.
~v
COUNTY OF
me on this ~x~da of
~~_ who is
dr+ Jane Warren
:4 My Cortunission DD1S33/S
SEAL: ~+a~ra~° ~~ 19~ ~
Notary Public ~L ~~~ Type/ print name
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of
Clermont, Florida 34712
•
Type or print name
r
. -~
PREPARED BY AND RETURN TO:
Carol Thayer, Employee
South Lake Title Services, Inc.
~ 720 Almond Street
Clermont, Fl. 34711.
SL-05-33
Property Appraisers Parcel ID Number:
1023260002-000-00200
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lunulnainaulnmuulnaiulnnlllllwnlNilul
CFtJ 2005022179
Bk 02759 Pgs 1708
DATE: 02/14/2005
JRME9 C. WATKINS,
LAKE CDUHTY
RECORDING FEES 14.58
DEED DdC x,814.06
- 1709; i2pgs)
03:42:22 PM
CLERK OF COURT
THIS CORPORATE WARRANTY DEED is made this ~ day of February, 2005
•
By: )CJADD DEVE>_.OP]VIEN'Y', TNC., a Florida Corporation, (Grantor)
whose address is: 1135 East Avenue, Clermont, FL 34711
To: .: SCHQOLHOUSE-FIIKANCE, LLC, a Virginia Limited Liability Compagy. (Grantee);
whose address is: 1005 N. Glebe Road, Suite 610, Arlington, VA 22201
[Whenever used herein the terms "Grantor' and "Grantee" include all the parries to this instrument and ehe heirs, iegal
representatives and assigns of individuals, and the successors and assigns of corporations.)
"*Grantor(s) further warrant(s) that the htxein described property does not now and has never conatitutad said Grantor(s) Homeabead, nor is said
property oomlguoua to said Grantors' ti0mtatt:ad, a8 dttlned In and controlled by Artiste X, Section 4 of the Florida Constitution, end Sections
222.02 through 222.20 of the Flor-da Statutes"'
WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No/100 Dollars $10.00) and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto Grantee, all that certain land situate in hake Coturty, Florida, viz:
See Exhibit "A" attached hereto and made a part hereof
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining, to have and to hold, the same in fee simple forever.
Grantar warrants that Grantor owns ail of the adjacent land located to the north and east of lands conveyed
in this deed; Grantor further warrants that tFre 8 foot wide dirt road shown on Chastain-Skillman survey (C)rewing no.
DSL 8496.00 dissipates within the adjacent lands owned by Grantor and serves no other lands or persons; Grantor
further warrants that no other lands or persons have any right to use the lands conveyed herein for ingress, egress
or any other purpose; and, that for good and valuable consideration received from Grantee for this deed, the
Grantor hereby releases and disclaims any and all rights, including but not limited to any statutory or common law
rights, to use or traverse the lands conveyed herein for ingress, egress or any other purpose whatsoever,
AND Grantor covenants with grantee that Grantor is lawfully seized of said land in fee simple, has good
right and lawful authority to sell and convey said land, fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever, and further that said land is free of all encumbrances
whatsoever, except taxes accruing subsequent to December 31, 2004, and assessments, easements, restrictions and
reservations of record.
IN WI7IVESS WHEREOF, the Grantor has signed this deed the day and year first above written.
Ladd Dev~lp~~ent, Inc.
,7
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By: Dale Ia president
f 13 ~ R S f'' ~' Y~
~errll.artrf ~ ~~ 3 '4/7/~ .__
STATE OF: FLORIDA
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• The foregoing document was aclrnowledged before me this ~ day of February, 2005, by
Ladd Development, lnc., by Dale Ladd, as president
is authorized to execute said document and affix the corporate seal to it, and is [ arson io me [ J or
• producedidentifcacion. ,,
i
{NOTARY SEAL}
Public ~t~ar n,~y~ UNDA UtY
" ~ ' MY GOMMISS M DD 103285
~ January20,2g08
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•