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2006-21WATER AND SEWER UTILITIES/ANNEXATION AGREEMENT • THIS BLACK WEST WATER AND SEWER UTILITIES AGREEMENT BETWEEN CITY OF CLERMONT AND CENTER LAKE PROPERTIES ("Agreement") is entered into as of the 25 day of July, 2006, between THE CITY OF CLERMONT, a Florida municipal corporation, (the "City"), and CENTER LAKE PROPERTIES, LTD., a Florida limited partnership, and its successors and assigns (the "Owner"). WITNESSETH Whereas, the City owns and operates water and sewer utility services within its incorporated City boundaries and within a designated utility service district adopted pursuant to Chapter 180, Florida Statutes; and Whereas, the Owner is the owner of that certain parcel of land located in Lake County, comprised of approximately 583 +~ acres, as more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference (the "Black West Property"); and Whereas, the Black West Property is located within the City's utility district adopted pursuant to Chapter 180, Florida Statutes; and Whereas, the Owner is requesting water and sewer service from the City for the Black West Property; and • Whereas, as a condition to providing water and sewer service to the Black West Property, the City desires the Owner to annex the Black West Property into the City and pay for the extension of certain water and sewer lines (i.e., the Verde Ridge Utility Lines, as later defined herein) in order to accommodate the development of the Black West Property; and Whereas, the City has identified the Black West Property as a logical candidate for annexation into the City, and a majority of the Black West Property is included as part of the Joint Planning Agreement ("JPA") between Lake County and the City of Clermont and, as such, the City will exercise its planning authority over the Property upon annexation; and Whereas, the Owner is willing to submit a Petition for Voluntary Annexation into the City and pay an amount mutually agreeable to the parties for the extension of the Verde Ridge Utility Lines (as later defined herein) on the condition that the City provide certain assurances to the Owner relating to available water and sewer capacity for the Black West Property. 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 agree as follows: 1. Recitals. The above recitals are true and correct, 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. • 072406DFM Page 1 2. Land Use/Development. • a) Subject to final zoning and comprehensive plan amendment approvals as may be required, the Black West Property will be developed at an overall net density not to exceed 2.5 units per acre with single-family and multi-family (including townhome) residential units. In addition, the Black West Property will be developed at an intensity not to exceed 21 acres of commercial space. For purposes herein, net density shall be determined based on the actual number of acres on the project, excluding any and all wetlands and natural water bodies and any real property dedicated by the Owner to the public for public purposes, other than rights-of--way as part of the internal road system for the project. See attached Exhibit "B" entitled Proposed Future Land Use -- - Classifications, dated May 2006. b) All residential and commercial users located within the Black West Property shall be required to connect to the City's water and sewer system pursuant to the terms of this Agreement, and shall be required to pay all applicable impact fees and connection fees at the time of connection. - - c) The Owner hereby agrees to submit a Voluntary Petition for Annexation to the City. The City will initiate the process to accomplish the annexation in accordance with law. d) In order to facilitate development of the Black West Property in accordance with the terms contained herein, the Owner will submit an Application for Amendment to the City's Comprehensive Plan and Future Land Use Map and the City will process said Application in accordance with law. • e) In order to facilitate development of the Black West Property in accordance with the terms contained herein, the Owner, or the Owner's successor-in-interest, will submit an Application for a Planned Unit Development for the Black West Property and the City will process said Application in accordance with law. f) In accordance with Clermont City Council Resolution 1440, the Owner, its, assigns and successors-in-interest acknowledges and agrees that no residential development order or residential building permit will be issued to the project until such time as the Owner has negotiated and entered into a written agreement with the Lake County School District establishing the Owner's mitigation and proportionate share contributions necessary to accommodate the projects impact on the area school system. Notwithstanding the foregoing, in the event the City of Clermont and Lake County adopt a mandatory school concurrency ordinance, Owner shall comply with the requirements of said ordinance. 3. Water and Sewer Service. a) The City hereby guarantees that water and sewer service will be available to the Black West Property in sufficient quantities to service the proposed commercial and residential development up to a maximum of 1,100 units as contemplated in Section 2 (a) above. The Parties further agree that the City will initially serve up to 1,100 residential units. Thereafter, and subject to Owner's timely construction, at Owner's expense, of any and • 072406DFM Page 2 all off-site line extension improvements necessary to serve any residential units in excess of 1,100, the City will serve the additional residential units. b) The Owner agrees to design and construct, at the Owner's expense and in accordance with the City's regulations and requirements, and to subsequently transfer ownership, control, and maintenance to the City, all systems, facilities, installations, improvements, and related real property (including but not limited to, easements and lift stations) necessary to connect to the City's existing water and sewer lines (hereinafter "Black West Off-Site Improvements) and such improvements that are located on the Black West Property and are related to the provision of water and sewer service to the Property (hereinafter referred to as "Black West On-Site Improvements"). Subject to the City's inspection and final approval of the Black West Off-Site Improvements and the Black West On-Site Improvements, and approval by all applicable regulatory agencies, the City hereby agrees to accept ownership, control, and maintenance of the Black West Off-Site Improvements and the Black West On-Site Improvements upon such transfer. In addition, it is agreed that development of the Black West Property may occur in phases and that the City will accept, to extent the possible and in accordance with the foregoing terms, any Black West On-Site Improvements that are available at the completion of any phase of development of the Black West Property. 4. Compliance with City Laws and Regulations. Except as otherwise set forth herein, all development of the Black West Property shall be subject to compliance with the City Land Development Regulations and City Code provisions, as amended, as well as regulations of county, state, local, and federal agencies. • 5. Due Diligence. The City and the Owner agree that they shall commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. 6. Enforcement/Effectiveness. A default by either party under this Agreement shall entitle the other party to all remedies available at law. 7. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida and venue for any action hereunder shall be in the Circuit Court of Lake County, Florida. 8. Binding Effect; Assignability. This Agreement, once effective, shall be binding upon and enforceable by and against the parties hereto and their assigns. This Agreement shall be assignable by the Owner to successive owners without the need for consent by the City. The rights and obligations set forth in this Agreement shall run with the land and be binding on all successors and/or assigns. The parties hereby covenant that they will enforce this Agreement and that it is a legal, valid, and binding agreement. 9. Waiver; Remedies. No failure or delay on the part of either party in exercising any right, power, or privilege hereunder will operate as a waiver thereof; nor will any waiver on the part of either party of any right, power, or privilege hereunder operate as a waiver of any other right, power, or privilege hereunder; nor will any single or partial 072406DFM Page 3 exercise of any right, power, or privilege hereunder preclude any other further exercise thereof, or the exercise of any other right, power, or privilege hereunder. • 10. Vesting. Upon adoption by the City Council of this Agreement and an appropriate comprehensive plan amendment, the Owner shall be vested for density and intensity in accordance with this Agreement. Upon adoption of a comprehensive plan amendment, the Owner shall be vested for concurrency as to the matters specifically addressed herein provided that the Owner complies with the Owner's obligations as set forth in this Agreement. 11. Entire Agreement. This Agreement sets forth all of the promises, covenants, agreements, conditions, and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. However, the failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Owner from complying with the law governing said permitting requirements, conditions, terms or restrictions. - - 12. Amendment. Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. 13. 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. • 14. 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 Harold Turville City of Clermont Mayor P.O. Box 120219 Clermont, FL 34712-0219 OWNER Richard Gonzalez, Vice President Center Lake Properties, Ltd. 102 West Pineloch Ave., Suite 10 Orlando, FL 32806 With copy to: Daniel F. Mantzaris, Esquire City Attorney Post Office Box 87 Orlando, Florida 32802-0087 • With copy to: Cecelia Bonifay, Esquire Akerman Senterfitt 131 West Main Street Tavares, Florida 32778 072406DFM Page 4 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement • U as of the date first above written. Attest: ,~ /' , -` Tracy Ac oy ,City Cle " Witnesses: Name:~~' ~ ! ~'Q ~~ r/f ?S ~, J ' Name: --~ ~lnL-~~ (~,~,>, S~ STATE OF FLORIDA COUNTY OF LAKE CITY OF CLERMONT A Florida municipal corporation By: Name: Harold Turville Its: Mayor OWNER Center Lake Properties, Ltd. a Florida limited partnership By: Name Its: Vice President I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Richard Gonzalez, as Vice President of Center Lake Properties, Ltd., a Florida limited partnership, who provided identification in the form of or who is perso l~kn,~.osun 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 this ~ S~day of , 200. ,~s~:Y'ly~; Phylis P. Caruso «: ;:: MY COMMISSION ~ DD188872 EXPIRES (((/// ~''~-A ;:a June 28, 2007 Notar PUbIIC %~a,; of ~~Q: `~ BONDED THRU TROY FAIN INSURANCE, ING y • 072406DFM Page 5 EXHIBIT "A" • Legal description of the Black West Property • 072406DFM Page 6 • MAY-30-06 10.51 +3523435900 T-064 P.OI/04 F-354 Gpl#~ IAK%g011gtr~C a1a - a a ~ ~KX YC~7 ~ '4., - Q ~ J„~j' c ~ oC ' CI~ ~ , ~r ` ~ ~ V'~ '~~~ G r \ t~il1 ! ~F ~tt ~a ~ ..r 6 s ` a.~ p~ - V~ w7[/ y ~t ` .a.C. ` 31~ _. .na.r N ~~ 1•~ w 3 ~1 ~ ~~~ :: air \ ~~• ~f . - ~. .:~ Surveyor's Notes 1) This is not p boundary survey. 2) floorings based on the Westerly Right of Wqy of the Sunshine State Parkway (Florida YumpUee) na being South 35'37'32" East, on ass,~med bearing. ~' gown, Grit#on 8~ Assoc. LLC. ~ 145 W We[I"ingtan thrive i InG. Delfana. Ft•- 32725 Ph:3a6-218590 FBx:386-574-150 www.Adv~ntageSurvE}ying.born FROM-AKERMAN SENTERFITT SK£TCM Otr' 17ESCRIPTlON ATTAC~ihtEHT "A' ~ w sRxYf • PF1GE: 3 MfaY-15-~0~ >hON S3: STPM I0: P~t~l-OCH MGMT MAY-30-06 10:51 FROM-AKERMAN SENTERFITT +3523435900 T-064 P.02/04 F-354 • st~aar t of 2 Sea 3kMC!- d pascnption IrldtKlsd is AlhdtMaM'A" i.EGA1. pESCR1PTION A tract of land lying in Sectio0a 9, 10, 15 and 16, Township 22 South, Range 26 East being more particularly descrltred as follows: Beginning at the intersection of the cerrtranlnes of the vacated rights of way lying North and West of Lot 36 accoMing m the Prat of t.ak+e t•lightands Gampeny as t~acattied in Plat Book 3, Page 24 of the Rublic Retards of Lake Caunry, Florida; therloe S89°51'12"E, a distance of 1814.43 feet; m the Wesbarly right of rray of the Florida Turnpike; ittence S35°37'32"E, abn$ Sand right of way a distance of 3278.71 feet; thence N89°30'35'W, a distance of 24.78 feet; thence Sib°37'32"E, a distance of 129.79 feet; thence N54°22'28"E, a distance of 20.00 feet; ther>ce S3S°37'32"E, along said right of way a distance of 1285.25 feet to the point oe curvature of s ncm tangent curve to the right, of which the ratliu6 point ilea N00°02'S3"YV, a radial distance of 1085.92 teat; thence departing said r~gnt of way run westerry akxlg the arc, through a central angle of 11°55"21°, a distance of 225.9!3 feet; thence N78°O7'32'W, a d'rda+lca of 98.80 feet to a point of curve to the left having.a radius of 1205.92 feat and a central angle of 18°(10'00"; thence we8t@riy the arc a distance of 37$.85 feat; Menoe S83.62'28'W, a dr8sxthee of 80.60 tact; ttiefltx SOB°OT32°E, a distance of 120.00 fcax thence N t33°52'28'E, a dlatanos of 80.60 feat to the potrtt of curve of a non tangent curve to the right, of which the radius paint lies S06°08'21''E, a radial distance of 1079.81 feet; thence easterly abng fhe arc, ttrough a o9ntral angle of 04°50'23', a d'~stanoe of !;•1.21 feet; thence S00°32'28'1N, a distance of 28.56 feet; thence N84.34.01'1N, a distatleB of 72.37 feat to a point of curve OP the left having a radius of 13$1.51 feet artd p central angle of 25°44'32"; thence westerly abng tits arc a distarlGe of 306.19 feet >fl a point of reverse a,rve to thf; right having a radius of 838.52 feat and a central angle of 116°03'04"; thence westerly Slong the aro, a distance of 88.35 feel; thence S75'44'31"VY, a distance of 11.82 feet t,o a paint of curvy to the right having a r»d[u9 of 858.23 feet and a central angle of 14°36'34"; thence westerly along the arc a distance of 221.39 feet; thence S89°38'S5"l*, s distance of 687.00 feet; thence • S00°32'28"W, a distance of 1321.37 feet; thence N89°4T14'W, a distance of 658.44 feet; thence S00°53'OS'1N, a disignce of 125D.54 feet to the North right of way of Qid Highway 50; theme N61°22'S9'1N, stag said right of way a distance of 478.59 feet ro a point of torus 'oo the left having a radius of 1083.00 feet and a cehCral angle of 64°38'4x3"; thence westerly along the arc a distance of 1146.34 feat; thence S57°68'13'W, a distance of 585.43 feet to a point 4f CurvB to me right having 8 radius of 967.00 feet and 8 G8AtC81 eagle of 34°43'50"; thence westerly along the arc a distance of b8t3.1B feet; thertoe N87°17'STW, a distance of 287.93 feet to a point of curve to the left having a radius of 3539.00 feet and a central angle of 04°b0'20"; tttartce westerly along the arc a distance of 298.39 feek thence S8T'S1'43"VI/, a diStahC6 Of 835.28 feelt t4 8 point of curve to the right having a raaius of 552.Q0 feet and a central angle of A6°18'02"; ttrerrce westerly abr~ the err a distance of 446.07 fleet; thence N45°50'15"5N, a distance O€ 1158A0 feat to a point of c~uve m the left navirxt a radius of 41t>Q.00 feet antl a central angle of 01°35'38"; thence nQrthwesteriy stag the arc a distance of 114.06 feat; trance N40°34A4"E departing Shiq right of way a distance Of 1139.82 f®eC thettca N89°50'34"E, a distarxe pf 332.02 ffs~ thence NQO°36'31"E, a aistar>ce of 527.18 foal tea the point of curve of a non tangent curve to the taR, of whidt the radius point lies N42'37'52"E, a radial tli5taf1C8 of 350.00 feet; thence southeasterly along the aro, through a central angle of 24°51'20`, a distance of 151.83 feet; thence S72°13'27"E, a distance of 210.59 lest; thence N00°38'18"E, a distance of 114.24 feet; thence S49°OT42"E, a distance of 4.92 feet; thence S77°04'13"E, a distance of 106.27 feet; thence S66.53'30"E, a distance of 97.15 feet; menoa Sfi9'38'01"E, a distance of 7p.81 feet; thence S49°12'12"E, a dist'anee of 93.33 feet; thence S38°07'18"~, a distance of 48.74 Meet; thence S28°22'18"E, a drstartee of ti6.02 feet; thence S34'02'10`'t:, a tlistattce 4f 102.57 feet: thence S24°13'15"E, a distance of 89.75 feet; thence S67°30'27"t:, a distance of 120.31 festr tt-enae N87°22'32"E, a distance of 61.07 feet; thence SQO°4t'S2"VY, a distance of 41.80 feet; thence N89°50'34"E, a distance al t3ti4.04 feet; thence N00'45'26"E, 8 di5~nce of B8.04 feety thence • MAY-30-O6 10:51 FROM-AKERMAN SENTERFITT +3523435900 T-064 P.03/04 F-354 shat z at z Soo Stae~h d Deeittphon Indudad as +d'A' 543°29'30"E, a distance of 482.63 feet; thettoe S26°30'08"E, a distencea of 231.90 feet to a point of curve to the Isft having a radius of 14Q.Q4 feet and a central angle of So°41'58"; thence southaaSterty abng the arc a dlstanot: of 88.48 feet; ttterice S77°42'06"E, a distattoe of 180.34 feet: thence S00°42'341N, a distance of 133.58 t®et; thertce3 N89°49'24°E, a dlsiarux+ of 1367.98 feat; thence N00°39'41"E, a disfanoe of 65ti.45 feet m the point of curve of a non tangent curve to the right, of vfiieh the radius point ties Nt)6°35'37"W, a radial distance of 1004.93 feet; thence westetty along the arc, through a central angle of 51°38'56", a distance of 90b.89 feet; thence N44°58'40'W, a distance of tQ75.82 feet to a point of calve W the IeR herring a radltts of 1095.92 feet alb a central angle of 45°00'04"; thence northwesteliy alorla trle arc a distance of 860.73 feet; thanort N88°b6'a1"VY, a d'~nce of 281.03 feet~ thence N00°4~'S3"E, a distance of +19.99 fejetr thence S89°5B'40"E, s distance of 280.47 feet to the point of cx+cve of a non tarlgsnt curve m toes right, of which the radius paint lies S00°0945'W, a radial distance of 1171.07 ~ thence easterly along the arc, tllrough a Central angle of 1$°52'55", a once of 385.93 Foet; thence NOQ°41'S3"E, s d"lstartoe of 635.73 feet; thence N89°54'02"E, a distance of 666.09 f9eC thence N00'27'48°E, a distant of 264x_07 feet to the POfNT ~E BEt31NN1NG. NQT IN4~UptNG: A port+on of Tract l3, Lsike Highlands Company SWhdn+isien ass neconied in Plat Book 3, Page! 32 of the Public Records of Lake County. Florida, lying in Sextior- 16, Township 22 South, Range 26 East lying North of the abandoned railroad right~t~ray, less the East T5 feet ~ lass the NoRh 33.15 teat of said Tract 13. Containing 25,831,152.98 square feet, or 5$3.?7 Acres. more Cr less. TOGETHER WITH A tract of land y>ng in Section 16, Township 22 South, Range 26 East being snore petticu-arly described as follows: • Beginning at the Southwest oofnar of Lot 43 according m the plat of (.eke Highlands Company as recorded in Plat 8oolc 3, F~age 32 of the Public Records of I.alte Coctniy, F=lorida; mesrx.a~ N00°29'26"E, a distance of 154.27 feet 1o ttl® southerly tight Of way Qf the Travart=8 and Gulf Railroad: tnenoe SAS°50'14"E abng Said right of way a distance of 222.43 feet; thence N$9°46'04'W departing said right of way a d'r8tance of 1Gp~88 feet to ltte lpOtiVT OF BEGINNING. Containing ~ 153 square feet, or 0.026 acres, more or less. Pn:parcd By: Brown, Critton & Assoc. LLC 1455 W Welliagcon Drr Acltona, f'I.32725 (386) 216-3590 Advama~Surveying.ocm Tbis dcsctiptiott and the arcompattyittS sketch has tHantt prapnrrd in aocordttttcc with die 5t~dllrtis'set t'attlt its Chapter 6 l G 17. F.A.C., pucxuattt to Chapters 17T and 47Z, Florida Sraattes. Unless it-bears ties si~atucr ared tfie original raised seal of A Ftatidtt Lioce~}savay« and nsapper this dtxwittg, st"keu~t, ¢tat ai ttta~s is for iaform~igapl pucposcs ont} aRd is Qos valid. Christopher C 8 1:~SM ti6463 Date: i" (5" • MAY-30-06 10:51 FROM-AKERMAN SENTERFITT +3523435900 T-064 P.04/04 F-354 • EXHIBIT "B" PROPOSED FUT LAND USE ~I..ASSIFICATYONS MAY, 200b • EXHIBIT "B" PROPOSED FUTURE LAND USE CLASSIFICATIONS July, 2006 ~1 LJ 072406DFM Page 7 A a ° r m r. o, m ~ n N p ~ W a < ~O ~ R q n ~ g vE c ~ ~` U ~~ V -~.1~~~ /~ ~ & z~ f / f W !~ `~ ~ ~ Y ~ ~f i` I ~, ~ a u s ~ ~~ v en a V aw rr ~ +t p u ~ ~~ NL K t ,~'~~~\ ~ ' _J....ry ~r gg ~ .~. ~. f B 1 O /~ ! ~ V.. ~ ~ f 4 %r I /, ~~ ~ A = ~- y~~a Leo , ~ ,~ ~~ ~~ ~G .3 $ ~ R ~ __ g _ . ~ ,a J 4. d ~ ~ ~ ~ ~ .. F ~Si } ~ R o a ~ ~ V ,~" a~ s^`•, O I ~~" .~ ` M f N A r, o. N r ~~ -~ ~ LZC ~~ 6 V G Yi ~~~ ~Et ~. ~ `~ 0 ,- ,, ,_ •