2002-31Yolo Land Development
Yolo Magnolia Center
Clermont Land Partners
Lake Magnolia Properties
B&L Properties
Magnolia Pointe Clermont I
Clermont Neurologic & Chiropractic
Magnolia Property Associates
Clermont Office Park Condo Association
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~' ~Ct~;e'n.~ ~~~'t ~ _?- ~- WATER 8~ WASTEWATER SERVICE AGREEMENT ~~~
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This document constitutes an agreement between the.. ~~ITY of Clermont, hereby referred to a~ l y2d~5
CITY, a municipality of the State of Florida, and ~pf p ,C~.,~ol .C a
tiit7D2 Q~F'!~x- (individual, corporation, partnership) a d its successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is proposing to develop_ _Y~ D~ /V~Gc~Y'~O[/GC. ~~%~~L
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 to meet 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:
~ ..tion 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 shail meet the minimum line size requirements as specified by the CITY
Land Development Regulations.
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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
lans
p
.
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 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. The CITY shall review and either
approve or reject the costs.
1.10 The OWNER and CITY shall agree on the cost difference, which w'sll 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 should be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
Section 2. DEVELOPMENT STANDARDS
The project shall be developed according to the CITY Land Development Regulations unless
otherwise stipulated in this Agreement or subsequent amendments to this Agreement.
Section ~. ANNEXATION
3.1 Owner agrees that CITY may annex the Property into the City of Clermont if CITY
chooses to do so. All land transfers will contain a deed restriction or covenant noting the
• existence of this requirement to annex, such restriction to be recorded as a covenant to
run with the land.
Page 2
' 3.2 'This agreement shall be recorded in the Public Records of Lake County,
Florida at cost to OWNER, and this agreement, upon recording, shall constitute an
irrevocable application by the undersigned owner to annex the property described on
Exhibit 'A', attached hereto, into the City of Clermont, which right to annex the City may
exercise at any time in the future.
•
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.
~~. NOTICES
Alf 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
OWNER
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
S ..tion 7. EFFECTIVE DATE
The effective date of this agreement sha11 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 throu its ,Cit ana er, authori??~~d to execute ame by City Council
action, and OWNER through ~~~~>-.ate 4~ Y.O. L.D ~~ , u.~
~~rr~~ v v
DATED thisi~t- day of ~(~p~" , 200-
ATTEST:
/-~4.,~1d s: /c~tir/lam J~~ /!?gyor
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Jo ph E. V le, City Cierk
Page 3
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WN R
Y.O.L.O Land Development, LLC
Daniel He sburg
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STATE OF Fr.~RmAU '
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before e, an officer du authorized to administer oaths
and take of owledgments, ersonally appeazed ~l p_ f ~ ,, $~s~ ~ of
y d o vided identification in the form of o is
personally known t be t e person described in and who executed the foregoing, and that he'
acknowledged before me that he executed the same.
Witness m hand and official seal this `~ r
y ~~ day of / 200~~
,,.~~~,~-,,, Eileen S. Vieira e
==°`M '~'`~=. Commission #DD236080
a.~:=~ Expires: Jul 29, 2007
~4.~OF F~~QA; Bonded Thru ry Public
' ~ ~ ~ ` Atlantic Bonding Co., Inc
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Property Search Results
April 27, 2005
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Page 1 of 1
General Information:
Alternate Key: 1037450 Parcel: 25-22-26-000200001500
Name: YOLO LAND Millage 0003
DEVELOPMENT LLC Group:
Address: Loc Notes: 17400 STATE ROAD 50
548 US HIGHWAY 27 STE CLERMONT FL 34711
C
MINNEOLA, FL 34715-
Legal BEG 448.6 FT W OF SE COR OF NW 1/4, RUN N 01 DEG OOMIN
Description: 01 SEC
E 1260.31 FT TO S RNV OF SR 50, W'LY ALONG SAID RNV TO W
LINE OF SE 1/4 OF NW 1/4, S TO SW COR OF SE i/4 OF NW 1/4,
E'LY ALONG S LINE OF NW 1/4 TO POB--LESS W 100 FT--
ORB 2149 PG 0423
Land Data:
.Line 'Use Code Frontage Qepth :dotes No. Units .Type Class Vaiue gust Value
,a.~ ~~.,
1 1000 0 ~ A 22.11 AC 0 ~ ~.._ =.1381875
Building Characteristics:
Bldg No. Typeion Section No. Ext Wail Type No. of Stories Floor Area
Residential:
Fireplaces Baths
(2 Fix) Baths
(3 Fix) Baths
(4 Fix) Baths
(Ex Fix)
Bed
A/C Built In
Kitchen
Sq. Ft.
Year Built
Miscellaneous Improvements:
No. Type No. Units Type Year Depr Value
Sales History
O.R. Boak O.R. Page Sale Date Instrument Q/U Vac Impr Sale Price
2149 0423 7/22/2002 WD O V $1,600,000.00
Value:
Total Just Vaiue: $1,381,875.00
Total Exempt Value: $0.00
Total Taxable Value: $1,381,875.00 *May Reflect Save-Our-Homes Limitations
Draw Building
http://www.lcpafl.org/property details.asp?AltKey=1037450 4/27/2005
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