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2010-64La Cascada P t nmunirnil i i tii � cty °f ee� n - –'r, GFM 2010117343 685W.46,11weeSt Bk 03972 F'9s 2453 - 24617 f9ags) 1 eleanont, se34711 DATE: 11/18/2010 11:21 :41, AM WATER & WASTEWATER SERVICE AGREEMENT KELLY, CLERK OF COURT LANE COUNTY RECORDING FEES 78.00 This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and F & J Developers, LLC, Franco Scala (registered agent), 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 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 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. The connection point or points will be those closest to the Property. 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 Page 1 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. However, 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. 1.8 The OWNER shall coordinate any turn lanes for the project with Lake County, and if necessary, complete any road widening. 1.9 The existing utilities along State Road 50 must stay in service throughout construction. If in order for the existing utilities to remain in service 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. 1.10 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. 1.11 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 1.12 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 1.7, 1.11 and 1.2 from the CITY in the form of Impact Fee Credits. 1.13 The Impact Fee Credits shall be established subject to Sections 1.7, 1.11 and 1.12 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. 1.14 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. 1.15 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.16 The water and sewer system serving the property, on and off site, shall conform to the City's most current Utilities Master Plan and shall address the Fire Department's Page 2 L requirements for service. 1.17 Any fencing within public view, (including retention ponds), must be omamental metal with complementing structural columns. No chain link shall be used in public view areas. 1.18 The OWNER must coordinate with Lake County and the Metropolitan Planning Organization (MPO) for compliance with Transportation Concurrency, and the Transportation Concurrency Management System (TCMS). Section 2. DEVELOPMENT STANDARDS 2.1 The project shall be developed according to the JPA Land Development Regulations (Lake County Ordinance No. 2005 -64). Items not addressed in the JPA Land Development Regulations must be developed to City standards unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 2.2 The property shall be developed in substantial accordance with the Preliminary Site Geometry Plan dated 8/23/10 as prepared by Florida Engineering Group, unless otherwise approved by the City of Clermont, and in substantial compliance with the City's Land Development Code. 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 shall be executed by all owners of the real property described in 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. 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. Page 3 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 OWNERS City of Clermont F & J Developers, LLC City Manager Franco Scala, Registered Agent P.O. Box 120219 124 Terra Mango Loop, Suite A Clermont, FL. 34712 -0219 Orlando, FL 32835 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 Mana er, authorized to execute same by City Council action, and OWNER through F aac.o Sc DATED this 12 day of October, 2010. CITY OF CLERMONT 4 . 1 LLIW AU T: .401114,7,4„. 1 ■• L. A WO Harold S. Turville Jr., Mayo Tracy Ackr• d, City Clerk , Page 4 • OWNER: F & J Developers, LLC, Franco Scala Title: / S" a ure ,y11,0 &Ls— Print Name STATE OF '0Yl d L.' COUNTY OF OV 2,e, I HEREBY CERTIFY that on this day, before me, an offs duly a�ori;Qd pdm toinister oaths and take acknowledgments, personal appeared as of Fs'T ���F�qS (,LC. , who provided identification in the form of or who is person 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 D USA , 2010. v Cv Notary Public k..: Pia Uo LUANNE BARBER �° . * MY COMMISSION ODD 968375 nr." EXPIRES: April 3, 2014 /r FO F FI 09. Bonded Pau Budget Notary Sykes C:yha is shares,Plann arc Zoiri J'A -Lb } Arireemen:s & Rev.e vs'LaC scada - t J De,re osiers LaCascada U:tey Anreeme : doc Page 5 • EXHIBIT "A" PROPERTY DESCRIPTION Owners: F & J Developers, LLC, Franco Scala Lake County Alternate Key Numbers: 1037344 Descriptions: S 3/4 OF SW 1/4 OF SE 1/4 LYING N'LY OF ACL RR R/W- -LESS OLD HWY 50 & LESS FROM SW COR OF SE 1/4 RUN N 0 -45 -51 E 136.05 FT TO S'LY R/W LINE OF OLD HWY 50, E'LY ALONG SAID S'LY R/W LINE S 85 -47 -27 E 27.01 FT, S 84 -24 -23 E 3.73 FT FOR POB, CONT S 84 -24 -23 E ALONG SAID S'LY R/W LINE 164.88 FT TO A CURVE CONCAVE TO THE N, THENCE RUN E'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 06 -15 -10 A RADIUS OF 1432.39 FT, AN ARC LENGTH OF 156.24 FT, A CHORD BEARING OF S 87 -31 -58 E & A CHORD DIST OF 156.24 FT TO THE N'LY R/W LINE OF ABANDONED ACL RR R/W, THENCE RUN S 78 -45 -50 W ALONG SAID N'LY R/W LINE 49.93 FT TO A CURVE CONCAVE TO THE N, THENCE RUN W'LY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 04 -18- 10, A RADIUS OF 1442.39 FT, AN ARC LENGTH OF 108.32 FT, A CHORD BEARING OF N 86 -33 -28 W & A CHORD DIST OF 108.30 FT, THENCE RUN N 84 -24 -23 W 164.80 FT, N 05 -08 -04 E 10 FT TO POB FOR RD R/W - -W 436 FT OF SE 1/4 OF SE 1/4 LYING BETWEEN T & G RR R/W & OLD HWY 50 ORB 2980 PG 2400 Total: Containing 28.762 +/- Page 6 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 12th day of October, 2010, between F & J Developers, LLC, Franco Scala, 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, 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: 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. Page 7 PROPERTY OWNER: WITNESSES (Two required): F & J Developers, LLC, Franco Scala B. 1. cgnature Szgnature fanl,D J cd J,ajnf bir Type or print name Type or print name 2. Sign e 1))Gta AS 'P « I000 / Type or print name STATE OF P014# -- COUNTY OF Oclify, The foregoing instrument was acknowledged before me on this on day of Q/ 2010, by S'& , who i sersonally kno • 4 to me or who has produced as iden • . • . • who did not take an oath. SEAL: Notary Public b2the,t0/ LUANNE BARBER MY COMMISSION B DD 968375 Q' n Q EXPIRES. April 3, 2014 Type /print name G�,/i �� � 1 yr4„'oF , Bonded Pau Budget Notary SeMces Pursuant to Section 695 29(3Xf) this instrument exempt from Chapter 695, F S „ Prepared by a Public Officer, City Attorney, City of Clermont, Honda 34712 C•ytia €2 ng and Zoning =JPA - LtElrly A;reemer,s & Re:3e °rss - aCascada - F &J Devetopers da 1. €t hay Agree ner: doc Page 8 F & J Developers, LLC, Franco Scala Aerial view: � - e4, - h ___________ __________ __...._______ .......,, i. \\\ -____ -,,,..‘ 4:-„,,,,,,,,,,,,,,„,,,..„, 1_, \ ..._,... r 0 _,," \ -,, i � Orange ......... 4 ,.t , 4,444 ,,.. ,' d ..- 4 , 4 ., _ -.-------ank. ,-‘,,,,:, ,gain,e,__,.... L..,..„,...._:; _ ___ „,,:. ,4° 4 ' ' — -- 7,.. , ;-7,,A. , ..,..* ( S .. sw Page 9 i