2005-0203/02/2005 YYED 2:57 FAg
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WATER 8~ WASTEWATER SERVICE AGREEMENT
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.i~~iES {:. 4Ji~T`r~:.l:ha':rr r~I..ERK. GF f:Cll
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THIS AGREEMENT ("Agreement'? Is entered into as of the 22 day of February. 2005, between
THE CITY OF CL@RMONT, a Florida municipal corporation, (the "City', and BP PRODUCTS
NORTH AMERICA, INC., a Maryland corporation, and its successors and assigns (the
'.Owner").
WITNESSETFI
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Whereas, the Owner is proposing to develop a convenience store with a gas station which Is
located on real property (the "Property") described on F~chibit "A," attached hereto and by this
reference made a part hereof; and
Whereas, the Property is situated as an outparCel to an overall larger development owned by
Sundev Properties and located in the unincorporated area of Lake. County; and
Whereas, the Property is located in the Joint Planning Area established by Lake County and
the City; and
Whereas, the Owner is requesting water and sewer service from the City; and
Whereas, Sundev, as part of its overall site plan and infrastructure, has made water and sewer
connections available to the Property; and
Whereas, the Owner needs tv install lateral connections to the water and sewer stubs located
at the Property in order to connect to the City's water and sewer supply; and
Whereas, as a condition of the provision of water and sewer service to the Property by the City,
the Owner agrees that this Agreement shall constitute an unconditional application to annex the
Property into the City of Clermont, if the City chooses to do so.
NOW THEREFORE, in Consideration of the mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged. the parties hereto egrcc as follows:
Section 1. Recitals. The above recitals are true and corn:ct, are hereby incorporated
herein by reference, and form a material part of this Agreement. All exhibits to this Agreement
are hereby deemed a part hereof.
Section 2. Water and Sg~yer Service.
2.1 The Clty shall provide water and sewer service for the Praperry.
2.2 The Owner shall connect to the existing City system at the Connection points (or
stubs) already existing at the Property.
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2.3 No Certtcate of OCwpancy shall be Issued until the Owner completes the lateral
• connections to the City's water and sewer system.
Section 3. Development Standards.
3.1 The project shall be developed accortling to the City's Land Development
Regulations unless otherwise stipulated in this Agreement or subsequent amendments
to this Agreement.
3.2 The Owner will place underground tanks with a minimum distance of ten (i0)
feet from the centerline of the City's existing t6" water main to the end of the proposed
tanks.
3.3 The terms and conditions of the City's easement, recorded in O.R. book 1590,
Pag® 0619, of the Public Records of Lake County, Florida are horoby incorporated
herein. The Clty specifically agrees and acknowledges that the improvements identified
in the site plan bearing the engineQre certification date of December 22, 2004, and as
shown on Exhibit B, hereto, are approved in accordance with the above-referenced
easement agreement.
3.4 Slgnage for the Property snail be approved in accordance with the City's Land
Development Regulations and may also be located upon the City's easement.
Including, but not limited to, the City's right to obJect to the location of any such sign as it
may be constructed in the City's easement area.
3.s The Owner will ensure that the City's waterline has a minimum cover of three (3)
feet and a maximum of six (6) feet deep from the final surface of the ground.
3.6 In accordance with the terms of the City's easement, the City shall be
responsible for removing, repairing, and replacing at its own expense landscaping,
pavement, or other improvements placed by BP in the City's easement which is
damaged or destroyed by the City through the use of the City's easement. Provided
however, tho Clty shall not be responsible to pay for or remove, repair, and/or replace
the underground tanks and tank vents described in Exhibit B in the event said tanks and
vents are damaged in any manner by the City's use of the easement area.
• 3.7 The Owner will not be eligible to obtain a certificate of occupancy (CO) until the
infrastructure has been completed and accepted by the City of Clermont for the gverdll
Sundev development.
Section 4. Annexation. The Owner agrees that the City may annex the Property into the
City of Clermont if the City, in its sole discretion, chooses to do so. In conjunction herewith. the
Owner shall provide to the .City a Notice of Encumbrance to Annex Property in a form
substantially in Compliance with the form set forth in Exhibit "C," 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 the OWner's expense, by a
current certificate of title or opinion letter acceptable to the Clty and issued by a licensed title
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company or attorney identifying ail owners in Interest of the real property. All land transfen3 by
the 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.
S on 5_ Sev ea6' ' in the event that any provision of this Agreement shall be held
invalid or unenforoenble, the provision shall t~ deleted from this Agreement without affecting in
any rasped whatsoever the validity of the remainder of this /~graemen#.
Section s. Notices. All notices, demands, or other writings required to be given or made or
sent 1n this Agreement, or which may be given or made or sent, by either party to the other,
shall be deemed to have been fatly gwen or made or sent when in writing and addressed as
follows:
CITY
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
With copy to:
Dan Mantzaris
City Attorney
Post Office Box 87
Orlando, FL 32802-0087
OWNER
BP Products North America, Ina.
1923 Bond Street, Suite 179
Naperville, IL 60583
With copy to:
Cecelia Bonifay, Esquire
Akerman Senterfitt
131 West Main Street
Tavares, FL 82778
section 7. Amengmente. Any amendment to this Agreement is not effective unless the
amendment is in writing and signed by all the parties.
section 8. Effective Date. The effective date of this Agreement shell be the day of
execution of the Agreement required hereunder.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the date listed below.
CITY OF CLERMONT
arold S. Turville Jr., Mayor
[signatures cornlnued on fallowing page]
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OWNER
r
~~ ~
BP Produete North America, Inc.
Name: ~/V . ~ - CT~i~er~P!-~.~.
Its: ~~ f-{~J (/1 P ~.. ~ /~ - ~<SC '~f-
f~oo5ioo5
STATE OF Ft9fttDA~
COUNTY OF "
I HEREBY CERTIFY that on this day, before me, an officer d I authorized to administer
oat~+s and tae nowledgments, personally appeared lti'• ~-~~ n;~-(~c~4.w , as
~ tN ~ ~ of BP Products North America, Inc., a Maryland Corporation, who
provided dentificatian in the form of or who is personally known to be
the person described in and who executed the foregoing, and that he aoknowtedged before me
that he executed the samQ. 1- ,, ' /
Witness my hand and official seal this `~ day of ~~ W"'" ~~'" , 2005.
•
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~" {! LIRJIS N tary Public
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LEGAL DESCRIPTION
BP Connect
16431 State Road 50
Clermont, FL 34711
A portion of Tract 12, HARTLE'S REPEAT, according to the plat thereof as recorded in Plat
Book 12, Page 45, Public Records of Lake County, Florida ,also known as a portion of Tract 12,
Map of Section 26, Township 22 South, Range 26 East, Lake County, Florida, Property of Lake
Highlands Company, according to the plat thereof as recorded in Plat Book 3, Page 52 ,
described as follows:
Commence at the point of intersection of the East line of the Northwest %. of Section 26,
Township 22 South, Range 26 East, Lake County, Florida, and the Easterly projection of the
North line of said Tract 12; thence run North 89°05'29" West along said North line and Easterly
projection for a distance of 50.00 feet to the Westerly Right-of--Way line of County Road 455;
thence South 00°43'09" West for a distance of 207.16 feet to the Point of Beginning; thence,
continue along said Westerly Right-of-Way line, South 00°43'09" West far a distance of 250.01
feet; thence North 88°53'40" West along the Northerly Right-of-Way line of State Road 50 for a
distance of 175.42 feet; thence continue along said Northerly Right-of--Way line for the following
2 calls; South 00°43'09" West, 38.00 feet; thence North 88°53'40" West, 87.78 feet; thence
departing said Northerly Right-of-Way line, North 01°00'05" East for a distance of 282.97 feet;
thence South 89°05'29" East for a distance of 16.93 feet; thence North 79°56'09" East for a
distance of 25.67 feet; thence South 88°53'40" East for a distance of 219.66 feet to the Point of
Beginning.
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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~i~~ay of hlfh'G~, 2005, between BP Products North
America, Inc of the County of Lake, State of Florida Grantor, and the CITY OF
CLERMONT, FLORIDA, A Municipal Corporation, Grantee:
WTTNESSETH, 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
a 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:
A portion of Tract 12, HARTLE'S REPEAT, according to the plat thereof as recorded in Plat
Book 12, Page 45,. Public Records of Lake County, Florida , also known as a portion of Tract 12,
Map of Section Zt% Township 22 South, Range 26 East, Lake County, Florida, Property of Lake
Highlands Comparry, according to the plat thereof as recorded in Plat Book 3, Page 52 ,
described as follows:
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Commence of the point of intersection of the East line of the Northwest I/4 of Section 26,
Township 22 South, Range 26 East, Lake County, Florida, and the Easterly projection of the
North Iine of said Tracf 12; thence run North 89°05'29" West along said North line and
Easterly projection for a distance of 50.00 feet to the Westerly Right-of-Way line of County Road
455; thence South 00°43'09" West for a distance of 207.16 feet to the Point of Beginning; thence,
continue along said Westerly Right-of-Way line, South 00°43'09" West for a distance of 250.01
feef; thence North 88°53'40" West along the Northerly Right-of-Way line of State Road 50 for a
distance of 175.42 feet; thence continue along said Northerly Right-of--Way line for the following
2 tails; South 00°43'09" West, 38.00 feet; thence North 88°53'40" West, 87.78 feet; thence
departing said Northerly Right-of--Way Iine, North 01°00'05" East for a distance of 282.97 feet;
thencx South 89°05'29" East for a distance of 16.93 feet; thence North 79°56'09" East for a
• distance o 25.67 et; thence South 88°53'40" East a distance o 219.66 et to the Point o
f ~ ~' f .~ f
Beginning.
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 OWNER(S):
1 PBYRO_~~ RTH MERICA INC
Signature
t~ Bernard Goudeau III
Type or print name ~1~+~~-`~ ~ ~i~ -f~~z~
2.
Signature
Type or print name
WITNESSES (Two required):
Signature
Type or print name
1. ~ Qrl"~~yC.csL~
Signature
h1 - A. U~ ~'a---~r~
Type or print name
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The foregoing instrument was acknowledged before me on this ~~ S day of
'h'1 ~/C~-- 20~, by lad, Y:)-~~`Yl r~ Gl, fr-rv~d.z~- - ~ ~• 11 ~.., ~~ y ~ tv-- who is
personally known_ t~ or who has produced a~~~,°~~ ~ -~ <,.. _ :.. ,, bti ~,~
as identification and who did not take an oath. 4- R'~~-~"
. '= ILLINOIS
SEAL: ~ _, ~ ~ /02/2005
Notary Public _, ,~ ~ ~~ Type/Print name ~ ~`~'`~ ~ t~ I.;nn-~
C
STATE OF '~-~-i'''~-~-~ COUNTY OF
r-
Pursuant to Sectton 695.29{3) (~: this instrumeTt exempt horn Chapter 695, F.S.„ Prepared by a public Officer, City Attorney, City ~
Clermont, Florida 34712
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( ) -3000 Fax: (407)875-0510
~ ~ ~C~IV~o
LIMITED TITLE SEARCH CERTIFICATE ~~~~ 2005
RECEIVED
P~1,4K c ~ 2005
DATE: March 22, 2005
CHICAGO TITLE INSURANCE COMPANY
495 STATE ROAD 436, CASSELBERRY FL. 32707 407 875
TO: Lowndes, Drosdick, Doster
215 N. Eola Drive
Orlando, Florida 32802-2028
ATTN: Eileen Heasley
FILE NO: 630500459
We have caused a search to be made of the Public Records of Lake County, Florida, from the earliest public
records through March 21, 2005 at 5:00 PM, as to the following described real property:
A portion of Tract 12, HARTLE'S REPEAT, according to the plat thereof as recorded in Plat Book 12, Page 45,
Public Records of Lake County, Florida, also known as a portion of Tract 12, Map of Section 26, Township 22
South, Range 26 East, Lake County, Florida, Property of Lake Highlands Company, according to the plat
• thereof as recorded in Plat Book 3, Page 52, described as follows:
Commence at the point of intersection of the East line of the Northwest 1 /4 of Section 26, Township 22 South,
Range 26 East, Lake County, Florida, and the Easterly projection of the North line of said Tract 12; thence run
North 89° 05'29" West along said North line and Easterly projection for a distance of 50.00 feet to the Westerly
Right-of-Way line of County Road 455; thence South 00 ° 43'09" West for a distance of 207.16 feet to the Point
of Beginning; thence continue along said Westerly Right-of-Way line, South 00 ° 43'09" West for a distance of
250.01 feet; thence North 88° 53'40" West along the Northerly Right-of-Way line of State Road 50 for a distance
of 175.42 feet; thence continue along said Northerly Right-of-Way line for the following 2 calls; South 00° 43'09"
West, 38.00 feet; thence North 88° 53'40" West, 87.78 feet; thence departing said Northerly Right-of-Way line,
North 01 ° 00'05" East for a distance of 282.97 feet; thence South 89° 05'29" East for a distance of 16.93 feet;
thence North 79° 56'09" East for a distance of 25.67 feet; thence South 88° 53'40" East for a distance of 219.66
feet to the Point of Beginning.
AND FIND the owner of record
BP PRODUCTS NORTH AMERICA INC., a Maryland corporation by virtue of that certain Warranty Deed
recorded in Official Records Book 2673, Page 1914, Public Records of Lake County, Florida.
ALL MORTGAGES not released or satisfied of record are as follows:
Mortgage, Assignment of Rents and Security Agreement from Sundev Properties, Inc., a Florida
corporation to RBC Centura Bank filed in Official Records Book 2431, Page 293, of the Public Records
of Lake County, Florida.
2. Assignment of Leases, Rents and Profits from Sundev Properties, Inc., a Florida corporation to RBC
Centura Bank filed in Official Records Book 2431, Page 283, of the Public Records of Lake County,
Florida.
2BLHD 8/99 BW
3. UCC Financing Statement from Sundev Properties, Inc., a Florida corporation to RBC Centura Bank filed in
Official Records Book 2431, Page 312, of the Public Records of Lake County, Florida.
•
ALL OTHER MATTERS of record are as follows:
4. Matters shown on the plat of Map of Section 26, Township 22 South, Range 26 East, Property of Lake
Highlands Company, a subdivision recorded in Plat Book 3, Page 52, Public Records of Lake County,
Florida.
5. Matters shown on the plat of Hartle's Replat, a subdivision recorded in Plat Book 12, Page 45, as affected
by Affidavit recorded in Official Records Book 597, Page 160, Public Records of Lake County, Florida.
6. Utilities Easement in favor of City of Clermont, recorded in Official Records Book 1590, Page 619, of the
Public Records of Lake County, Florida.
7. Ordinance recorded in Official Records Book 2047, Page 2070, Public Records of Lake County, Florida.
8. Notice of Commencement filed in Official Records Book 2571, Page 2020, of the Public Records of Lake
County, Florida.
9. Notice of Commencement filed in Official Records Book 2643, Page 2007, of the Public Records of Lake
County, Florida.
10. Declaration of Easements, Covenants and Restrictions filed in Official Records Book 2673, Page 1857, and
First Amendment to Declaration of Easements, Covenants and Restrictions recorded in Official Records
Book 2705, Page 37, of the Public Records of Lake County, Florida.
. 11. State of Florida Department of Transportation Project Resolution for State Highway System Projects filed in
Official Records Book 2769, Page 1038, of the Public Records of Lake County, Florida.
Tax Information:
Parcel Number: 0922261100-011-00000
2004 taxes are paid in the gross amount of $25,415.17
2005 Proposed Parcel Number: 0922261100-012-00000
This search is for the purpose of providing title information to the County and/or City governmental department
which regulates land development, and is not to be used for the issuance of any title insurance commitment and/or
policy.
The company's maximum liability for any error or omission in this certificate is limited to $1,000.00 in accordance
with Florida Statute 627.7843.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused these presents to be signed and its
Corporate Seal affixed hereto on this 22 day of May, 2005.
CHICAGO TITLE INSURANCE COMPANY
GtOar(
Susan M. Holla d
CONT 02/00 SB