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2010-72 Also known as Eagle Landing at Ocoee Amon Village, Verde Park, F&J Developers I 685 W .Mantes a St CFN 2011014913 4) ' eP mont,sC34711 BI: 04003 P'9s 0907 - 917; (11P9s) N 0 LLY? C L E 1 OF:CO R PI1 WATER & WASTEWATER SERVICE AGREEMENT NEIL KELLY? C LERYti OF COURT LAKE COUNTY S'• his document constitutes an agreement between the CITY of Clermont, g�r fS e l YAP Q CITY, a municipality of the State of Florida, and Jack R & Joan B Amon and Eagles Landing at Ocoee, Inc , 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 fortn 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 requirements for service. 1.17 The point of sewer connection shall be coordinated with the existing utilities along State Road 50. The lift station for the property shall be a regional station, in accordance with the City's Utility Master Plans. 1.18 Any fencing within public view, (including retention ponds), must be ornamental metal with complementing structural columns No chain link shall be used in public view areas. 1.19 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 PUD Plan dated 4/30/10 and the PUD Plan dated 8/16/10 as prepared by June Engineering Consultants, Inc., 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 Jack R & Joan B Amon City Manager P.O Box 187 P 0 Box 120219 Santa Ynez, CA 93460 -0187 Clermont, FL 34712 -0219 Eagles Landing at Ocoee, Inc P 0 Box 770609 Winter Garden, FL 43777 -0609 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 City Council action, and OWNER through DATED this 12 day of October, 2010. CITY OF CLERMONT ATTE /Hi ■, arold S Turville Jr , Mayor' Tracy royd, City Cie y Page 4 OWNERS: Jack R. & Joan B. Amon and Eagles Landing at Ocoee, Inc 1411 so R Title O W NI 0 /e S►gnatur: orr-K 1 2 . NP1 Print Name STATE OF et G �^- COUNTY OF I HEREBY CERTIFY that on this day, before me, an off�uly_auth ized to administer oaths and take acknowledgments, personally appeared / <.. as , who provided identification in the form of r 1 Y L LGor 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 II�//'' Witness my hand and official seal this iRday of o•/ , MARSHA 0, '45irr, Commission • 1805187 .' Notary Public • CWlornh 4 G � ` L74 Barbara County 5 Notary Public M Comm E res Jul 1 1 4111 - Title Sig ` ure Qa L - I ri Print Name STATE OF ( n rti & COUNTY OF Sa A B 1 HEREBY CERTIFY that on this day, before me, an officer duly authoriz d to administer oaths and take acknowledgments, personally appeared 36a vt R. /f MO ✓� , -ef- ,..who provided identification in the form of (4 bs i vet s f ,c. or who is personally known to be the person described in and who execu ed the foregoing, and that he acknowledged before me that he executed the same l L� 2o// Witness my hand and official seal this day of Qf �,,�A Commission # 1894753 7,Mea 011 s �q��� Notary Public - California Santa Barbara County Notary Public Comm. Ex1ires Jul 5, 2014 Page 5 Title latraztpre, Signature h Print Name STATE OF R512.1014- COU NTY OF i J I HEREBY CERTIFY that on this day, before me, an fficer duly authorized to administer oaths and take acknowled • •I en s, personally, appeaijed Ka k as Yut,f Cf of 1 0 let LLA S at , who provided identification 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 16 :31 , 2014. : JACQUELINEM SKRABAW( . +, • ..e MY COMMISSION `� _ - ON A EE 056259 i I i EXPIRES May 13, 2013 � oagi,V Bonded Thai Notary PublicUndennfters Notary Public , <>1-„ , ,, „ Page 6 EXHIBIT "A" PROPERTY DESCRIPTION Owners: Jack R & Joan B Amon and Eagles Landing at Ocoee, Inc Lake County Alternate Key Numbers: Jack R & Joan B Amon 1061717 1037379 2992115 1037352 Descriptions: Jack R & Joan B. Amon 1061717 EDGEWATER BEACH LOTS 7, 8, 9 BLK 4 PB 8 PG 84 ORB 1797 PG 1449 1037379 BEG ON N LINE OF HWY R/W 436 FT E OF W LINE OF SE 1/4 OF SE 1/4, RUN N TO T & G RR, E'LY ALONG T & G RR TO E LINE OF SEC, S TO SE COR OF SEC W 125 FT, N 325 FT, W 400 FT, S TO HWY, NW'LY ALONG HWY TO POB ORB 1797 PG 1449 2992115 BEG ON N LINE OF HWY R/W 436 FT E OF W LINE OF SE 1/4 OF SE 1/4, RUN N TO T & G RR, E'LY ALONG T & G RR TO E LINE OF SEC, S TO SE COR OF SEC W 125 FT, N 325 FT, W 400 FT, S TO HWY, NW'LY ALONG HWY TO POB ORB 1797 PG 1449 1037352: N 1/4 OF SW 1/4 OF SE 1 /4 - -LESS TURNPIKE -- SE 1/4 OF SE 1/4 N OF T & G - -LESS TURNPIKE ORB 1797 PG 1449 Total. Containing 32 99 acres, more or less. Page 7 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 8th day of June, 2010, between Jack R. & Joan B. Amon and Eagles Landing at Ocoee, Inc., property owners in the County of Lake, State of Flonda 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 8 PROPERTY OWNER(S): WITNESSES (Two required) Jack R. Amon & Joan B. Amon & Eagles anding at Ocoee nc. W es - s By: • 1. Sig • Sig; .- cc-e k R. v o i\ e v- 1\ Type or print name Type or prmt name l By: /L 1. : 2. S066-1 ature Signature o 0/)-1.6 r-) SI1 v i o, Tr( .1-1 Type or print name Type or print name By: 2. f !.'lif12 I 1 Signature S ti re 12.01/flaAtd ■Ji) 1 1) N'e Ca Type or prmt name Type or print name STATE OF G( II �0 f ✓I COUNTY OF .. a tih got rba ra The foregoing instrument wa ackwledge before me on this ( day of ,ahuttr` of I , A, by i 6QVl no g. .1-fn oV\ , who is personally known to me or who has produced GA . Dr, .i€rs as identification and who did not take an oath. ..G ,'_ JANIEL CALLAHAN SEAL: .�: Commission #t 1894753 t Notary Public - California z z ! `` V 44 . � Santa Barbara County My Comm. Expires Jul 5, 2014 Notary Public _ / ii ../ Type /print name Janie/ CoAtGin.. Pursuant to Section 695 9(3)(f) this instrument exempt from Chapter 695, F S „ Prepared by a Public Officer, City Attorney, City of Clermont, Flonda 34712 Page 9 ACKNOWLEDGMENT e ... , 1 State of Calif nia / _ aa.d County of� ) On r /l /E ?°(/ before me, ii L L•1ii. (insert name and titl- • f th- office personally appeared .Sk,! a- R , who proved to me on the basis of satisfactory evidence to be the person(i) whose nam *S) 'fare s bscribed to the within instrument and acknowle• •ed to me th.a5sheithey executed the same in ei authorized capacity,(aesj; and that b 1 /herfthetr signatureft) -on the instrument the persorA1), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. - MARSHA D MORGAN ! ! � ' Commission # 1805107 � t - i Notary Public - California �I *.../ Santa Barbara County Comm. Ex Tres Jul 1, 2012 Signature ( Seal) Jack R. & Joan B. Amon and Eagles Landing at Ocoee, Inc. Aerial view s , d � .a « +ice::. zap SITE • • • • i • as • ,A.I. , --, , ',:' ' - ' ' , ' „, \ i 3-: '". , 4 fix r n X15 U 1,-(4-9,Y, ,. r tom � x �. ■ �ary ) a . of � a � xg � • • lei aryl.: jP4t • M r cn ' Page 10