2008-14Johns Lake Landing
Johns Lake LLC
Cra-Mar Groves
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and M/I Homes of Orlando, LLC and David E.
Warren and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a mixed use Planned Unit Development with single
family residential, multi-family residential and commercial 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 fines 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
Page 1 - M/I Homes & Warren, Johns Lake Landing
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations.
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 OWNER shall dedicate the right-of-way for Hartle Road as associated with the
development.
1.9 The OWNER shall construct Hartle Road, including turn lanes into the development,
along the western property boundary as associated with the development.
1.10 The OWNER shall be responsible to extend the City's 24-inch force main, 24-inch
reclaimed water main, and 24-inch water main along the Hartle Road corridor
associated with the development.
1.11 The existing utilities along Highway 50 must stay in service throughout construction. If
the construction requires that the utilities be relocated or altered, the OWNER shall
prepare plans, permit the project and construct the modifications at the OWNER's
expense.
1.12 The utilities in the commercial properties shall be privately owned and maintained, but
shall be constructed to City standards.
1.13 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.
1.14 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.
1.15 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
1.16 The OWNER shall be responsible for all costs including design, permitting, materials
Page 2 - M/I Homes & Warren, Johns Lake Landing
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 water and sewer Impact Fee
Credits.
1.17 The water and sewer 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.
1.18 Water and sewer 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.
1.19 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.20 The OWNER its assigns, transferees or heirs, agree to:
Prior to the annexation as contemplated in Section 3 below and upon issuance of a
residential building permit by Lake County, pay to the City ONE THOUSAND DOLLARS
AND NO CENTS ($1,000.00) per residential permit issued by Lake County.
Further, the obligation to pay the funds described above shall remain an obligation of
OWNER until such time that the annexation occurs and regardless of whether OWNER
transfers, sells or assigns its interest in the subject property or any portion thereof.
Section 2. DEVELOPMENT STANDARDS
The project shall be developed according to the Planned Unit Development (PUD) as approved
by Lake County (Ordinance No. 2005-95) on 11/2/05 and effective 11/20/05, and the
Preliminary Subdivision Plat as approved by Lake County on 5/3/07. Items not addressed in
the PUD or Preliminary Subdivision Plat must be addressed in accordance with the JPA Land
Development Regulations. Any other items not addressed must be developed to City standards
unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement.
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
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 sha11 be executed by all owners of the real property describe din 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.
Page 3 - M/I Homes & Warren, Johns Lake Landing
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
M/I Homes of Orlando, LLC
237 S. Westmonte Drive, Suite 111
Altamonte Springs, FL 32714
and
David E. Warren
P.O. Box 593448
Orlando, FL. 32859-3448
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.
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 Gity Council
action, and OWNER through
DATED thi~~ day of`~1 _. , 2007.
CITY OF CLERMONT
. Turville Jr., Mayor
ATTEST:
i`
~,~ .-.~
Tracy Ackroyd, City Clerk ~''}:>,.,~:.
Page 4 - M!I Homes & Warren, Johns Lake Landing
OWNER: M/I Homes of Orlando, LLC
Title: P~~A~ ~Q~a ~~~~
STATE OF ~ ~,/~
COUNTY OF ~E',~.~1~(1
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths a take acknowledgments personal) appeared ,
as of ~~ ~rI>es ~ ,who provided identification
in the form of cr who is personally 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 this ~ day of -~~ , 200.
N°r^"Y~~O Sandra M. Ceballos
Commission # DD615175
~ Expires December 28, 2016
3TA1lOtM.C11107~ OaM1wOTru,~~n ~mw.n«,~K LOG3CS•7VI9 otary Public
and
OWNER: David E. Warren
,C~ r~
Signature
Print Name
Page 5 - M/I Homes & Warren, Johns Lake Landing
•• r
STATE OF ~~~'~„l~.
COUNTY OF pew-„~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared ~~~-~~' £ c%---.-,
as of ,who provided identification
in the form of ~ i, ~ ~ or who is personally 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 this Z `I day of ~ ~~~"'` ~ , 200 ~,. .
=/~~- •~~
- 6
Notary Public
.. ~'r"Na, SCOTT CUNNINt311AM
~ a s Nolary PubIC - Stale of Fb11da
Conrnleeion txyNeeltllp 29, ~
~~Q~of 1~, ~r' CAnM111eelOn S DD 18t3S81
Bonded By National Notary Awn.
L;\JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Johns Lake Landing Agreement -attorney 11-16-07.doc
Page 6 - M/I Homes & W arren, Johns Lake Landing
EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
M/I Homes of Orlando, LLC & David E. Warren
Description:
A parcel of land lying in Sections 25, 26, 35 and 36, Township 22 South, Range 26 East, Lake
County, Florida, more particularly described as follows:
Beginning at the Northwest corner of the Northeast'/4 of the Northeast'/4 of the Southwest'/4 of
Section 26, Tawnship 22 South, Range 26 East being on the East right of way line of Hartle
Road; thence South 89°38'04" East, along the North line of the Southwest'/< of said Section 26,
a distance of 664.91 feet to the Center of said Section; thence South 89°18'31" East, along the
North line of the Southeast '/4 of said Section 26, a distance of 1324.33 feet; thence North
00°20'50" East a distance of 353.39 feet; thence South 89°18'31" East a distance of 300.00
feet; thence North 00°20'50" East a distance of 243.11 feet; thence South 89°18'31" East a
distance of 975.77 feet; thence North 00°57'25" East a distance of 631.99 feet to a point on the
South right of way line of State Road No. 50; thence run the following seven (7) courses and
distances along said South right of way line; South 89°13'52" East a distance of 226.90 feet;
thence North 00°46'08" East a distance of 25.00 feet; thence South 89°13'52" East a distance of
350.00 feet; thence South 00°46'08" West a distance of 10.00 feet; thence South 89°13'52"
East a distance of 400.00 feet; thence North 00°46'08" East a distance of 10.00 feet; thence
South 89°13'51" East a distance of 407.87 feet to a point on the East line of the Southwest'/4 of
the Northwest '/4 of said Section 25; thence departing said South right of way line, run South
01°04'26" West, along said East line a distance of 1253.90 feet to the Southeast corner of the
Southwest'/ of the Northwest'/4 of said Section 25; thence South 00°55'38" West a distance of
2644.88 feet to the Southeast corner of the Southwest'/4 of the Southwest'/4 of said Section 25;
thence South 00°55'04" West, along the East line of the Northwest'/4 of the Northwest'/4 of said
Section 36 a distance of 280.00 feet; thence departing said East line run North 73°45'30" West
a distance of 97.26 feet; thence North 67°14'16" West a distance of 245.69 feet; thence South
89°22'07" West a distance of 53.27 feet; thence South 78°24'38" West a distance of 49.32 feet;
thence South 70°51'47" West a distance of 71.73 feet; thence South 73°42'13" West a distance
of 83.71 feet; thence North 80°31'34" West a distance of 50.08 feet; thence South 76°55'48"
West a distance of 73.87 feet; thence South 48°29'38" West a distance of 101.76 feet; thence
South 01°27'41" East a distance of 80.48 feet; thence South 24°01'24" West a distance of 76.19
feet; thence South 80°18'23" West a distance of 55.95 feet; thence North 88°54'13" West a
distance of 163.94 feet; thence North 85°16'03" West a distance of 60.92 feet; thence South
83°02'01" West a distance of 254,46 feet to a point on the West line of the Northwest '/4 of the
Northwest'/4 of said Section 36; thence South 01°08'21" West a distance of 114.72 feet; thence
departing said West line run North 89°28'57" West a distance of 661.68 feet; thence North
01°08'21" East a distance of 100.01 feet; thence North 89°28'57" West a distance of 171.65
feet; thence North 01°08'21" East a distance of 140.01 feet; thence North 89°28'57" West a
distance of 270.02 feet; thence South 01°08'21" West a distance of 140.01 feet; thence North
89°28'57" West a distance of 220.01 feet to a point on the West line of the Northeast '/4 of the
Northeast '/4 of said Section 35; thence North 01 °08'21 " East a distance of 500.03 feet to the
Northwest corner of the Northeast '/4 of the Northeast '/4 of said Section 35; thence North
00°50'46" East, along the West line of the Southeast'/ of the Southeast'/4 of said Section 26 a
distance of 1327.83 feet to a point on the South line of the North'/2 of the Southeast'/ of said
Section 26; thence North 89°15'00" West, along said South line a distance of 838.70 feet;
thence departing said South line run North 43°36'46" West a distance of 484.66 feet; thence
North 89°18'39" West a distance of 809.00 feet to a point on the West line of the East'/2 of the
Northeast '/4 of the Southwest '/4 of said Section 26; thence North 00°39'42" East, along said
West line a distance of 975.90 feet to the Point of Beginning.
Containing 294.745 acres more or less.
Lake Countv Alternate Key Numbers:
2690313
1750989
2516984
1029139
1648131
1037425
1648149
1037417
2942266
1707269
1593115
1592330
2664754
L:\JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Exhibit A Description.doc
EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 27th day of November, 2007, between M/I Homes of
Orlando, LLC and David E. Warren property owners in the County of Lake, State of
Florida 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, and
GRANTOR, assigns, transferees or heirs, further agree to:
Prior to the annexation, the GRANTOR shall, upon issuance of a residential building
permit by Lake County, pay to the City ONE THOUSAND DOLLARS AND NO CENTS
($1,000.00) per residential permit issued by Lake County.
Further, the obligation to pay the funds described above shall remain an obligation of
OWNER until such time that the annexation occurs and regardless of whether OWNER
transfers, sells or assigns its interest in the subject property or any portion thereof.
GRANTOR, further agrees, on his/ hers/ theirs j its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/ or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
1- of Notice of Encumbrance to Annex
5
of the petition of which notice is given above, then this instrument shall be considered
such request and/or renewal. The subject property is described as:
Exhibit "A"
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
PROPERTY OWNER(S):
WITNESSES (Two required):
M/I Homes of rlando, LLC Witnesses
1
B 1. ' / ~~L' "
Y•
Si attire ignature
T, e rint na Type o print name
By:
Signature
2 c
Signature
~~,~~ ~
Type or print name
Type or print name
David E. rren
By:
Signature
~~ l~ ~ ~ ~ ~-2-i~rr~ ~
Type or print name
Witnes s ., ,;~
1. ~~'
ignature r c~
n `` ~Q~
I Gl_ l
Type or rint name
2. _.~----G--"~_--------
Signnature n J
Type or print nam
2 - of Notice of Encumbrance to Annex
STATE OF ~lo IZtbl~
COUNTY OF ~'L.UIU7fL~fc.
ti
The foregoing instr ment was acknowledged before me on this ~_ day of
20C>~, by
wn to me or who has produced
as identification and who did not take an oath.
who is
SEAL:
Notary Public Type/ print name ~ LQ L~~$S
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
NOTAR~PUBLIC Sandra M. Geballos
Commission # D0615175
Expires December 28, 2010
STATE OF FLORIDA Banded Trey Fein ImwdAto. 4rw lDa9ib.1d19
3 - of Notice of Encumbrance to Annex
STATE OF ~C(,~R ~~~--
COUNTY OF 1~.-~,c _
HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared "~],~ ~ ~D ~ !Z~!~lrr~ K ,
as of ,who provided identification
in the form of ('L (~~ or who is personally 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 this .Z '~ day of ~~~w~ ~ , 200 ~
J.
/`
Notary ublic
,~NUH1 ~WyVpI~,I~wrw~~/7/~~`1~~,1y~
~~ ~~~1 ~u
A
S +~+oYR
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L:1JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Johns Lake Landing Agreement -attorney 11-16-07.doc
Page 6 - M/I Homes & Warren, Johns Lake Landing
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38 311.~'~.~3A as997 t~tfs~~381$869 ~ 3815481
294.75 acres +/-
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