2008-38~-jr-ng
~~' . RECD ~
City of Clermont
P O Box Izozlg
WASTEWATER SERVICE AGREEMENT CCermont, FC3471z
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Samuel R. Pennington and Vera B.
Pennington, Owners, and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a K-8 Charter School 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 incorporated area of the City of Minneola and the
OWNER is requesting sewer service from the CITY; and
Whereas, as a condition of CITY providing said sewer service to the Property, OWNER is to
extend 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 site; and
Whereas, the CITY may, at the sole option of the CITY, elect to oversize the sewer lines and
appurtenances in order to provide additional capacity to other properties; and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which 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 SEWER -Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement.
1.1 CITY shall provide 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.
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.
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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 sewer is
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.
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 existing utilities shall 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.
1.9 The project shall provide access easements to the City of Clermont to access the water
meter for the site. The City of Clermont will charge sewer fees based on the water
meter readings.
1.10 The utilities in the commercial properties shall be privately owned and maintained, but
shall be constructed to City standards.
1.11 The owner shall be responsible for obtaining all easements to access the existing
wastewater collection system.
1.12 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.
1.13 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 an 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.
1.14 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the sewer lines and appurtenances, both on site and off site,
required to serve the Property.
1.15 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees. All fees are non-refundable.
Section 2. DEVELOPMENT STANDARDS
Any other wastewater service development items to the site that have not been addressed,
must be completed in accordance with City of Clermont standards unless otherwise stipulated
in this Agreement or subsequent amendments to this Agreement.
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Section 3. 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 4. NOTICES
Alt 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
Samuei R. Pennington &
Vera B. Pennington
14012 Old Hwy 50
Minneola, FL 347
Section 5. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 6. EFFECTIVE DATE AND TERM
This agreement shall take effect as of the latest date either party executes this agreement and
shall expire on the fifth anniversary thereof unless extended by a subsequent agreement of the
parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below. CITY through its City Manager, authorized to execute same by City Council
action.
DATED this 13th day of May, 2008.
CITY OF CLERMONT
~,~:-==
arold S. Turville Jr., Mayor
ATT ST:
~~
Tracy A kroyd, Ci lerk
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OWNERS:
S~~U~ G ~ • /~~.clti~,,VC~o.r/
Print Name
I HEREBY CERTIFY that on this day, before me, an offi er duly aut rized to a minister
oaths and ~ e acknowledg nts, personally appeared
as o2/1~ of ,who provided ' entification
in the form of 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 ~~day of , 200.
Illillllll
AND
Vera B. Pennington
_ ~J
Signature
STATE OF
COUNTY OF
Print Name
I HEREBY CERTIFY that on this day, before me, an ffi @r duly aut rized•to administer
oaths and take acknowledg ents, personally appeared ~. ~ ,
as a~ of ~ D $ ,who provided ' ntification
in the form of or who is personall~y_ 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 ~
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STATE OF
COUNTY OF
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EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
Samuel R. Pennington & Vera B. Pennington
14012 Old Highway 50
Clermont, FL 34711
Description:
LAKE HIGHLANDS 16-22-26 THAT PART OF TRACTS 40B, 41, & ABANDONED RR R/W
DESC AS FOLLOWS: FROM W 1/4 COR OF SEC 16-22-26 RUN S OODEG 02MIN 10SEC E
ALONG W LINE OF SAID SEC 676.67 FT TO POB, RUN N 89DEG 57MIN 50SEC E 580 FT,
N 08DEG 43MIN 11SEC W 223.74 FT TO S'LY R/W OF OLD HWY 50, SE'LY ALONG SAID
R/W TO E LINE OF TRACT 40B EXTENDED, S ALONG SAID E LINE TO SE COR TRACT 41,
W TOWLINE OF SAID SEC, N ALONG SAID W LINE TO POB--LESS N'LY 10 FT FOR RD
R/W & LESS BEG AT SW COR OF NW 1/4 OF SW 1/4, RUN N 0-40-22 W 56.32 FT, N 89-19-
38 E 445.69 FT TO APOINT OF ANON-TANGENT CURVE CONCAVE TO THE SW &
HAVING A RADIUS OF 880 FT, THENCE RUN SE'LY & ALONG SAID CURVE THRU A
CENTRAL ANGLE OF 14-06-42 FOR AN ARC DIST OF 216.74 FT TO A POINT ON E LINE
OF SW 1/4 OF NW 1/4 OF SW 1/4, S 0-32-15 E 15.11 FT, S 89-19-26 W & PARALLEL TO S
LINE OF SW 1/4 OF NW 1/4 OF SW 1/4 A DIST OF 645.27 FT, S 0-40-22 E 15 FT TO S LINE
OF SW 1/4 OF NW 1/4 OF SW 1/4, S 89-21-26 W 15 FT TO POB, BEING PART OF TRACT
41, AN UNNAMED RD RNV BOUNDED ON N BY S 0-02-10 E 676.67 FT S FROM W 1/4 COR,
BOUNDED ON E BY W LINE OF TRACT 41, BOUNDED ON S BY N 0-40-22 W 56.32 FT
FROM SW COR OF NW 1/4 OF SW 1/4, BOUNDED ON W BY W LINE OF SEC 16--PB 3 PG
32
ORB 937 PG 212, ORB 946 PGS 2402, 2404 ORB 937 PG 212, ORB 946 PGS 2402, 2404.
Containing 7.50 acres more or less.
Lake County Alternate Key Numbers:
1647673
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