2011-60Hartle Groves
Terrace Groves
685 W .Mant,w a St INSTRUMENT #2011091702
efnnant, g.0 34711 OR BK 4076 PG 1912 - 1920 (9 PGS)
DATE 9/26/2011 1 24 52 PM
UTILITY SERVICE AGREEMENT NEIL KELLY, CLERK OF THE CIRCUIT COURT
Z`Z FOR WATER & WASTEWATER LAY
FOR $78 00
,`v
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and BFG Lakeshore, Ltd. and its successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is proposing to develop a 483 unit residential community and a
commercial development on real property (the "Property") described on Exhibit 'A' for the
amended portion, attached hereto and by this reference made a part hereof; along with the
entire 69 acre +/- development Utility Agreement as approved by the Clermont City Council on
1/10/06; 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, 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 in accordance with the
water and sewer utilities development plans as approved by CITY, hereinafter the Final
Utility Development Plan.
1.2 OWNER shall connect to the existing City system at connection point or points approved
and constructed by CITY and located in the "Easement Area" as more particularly
described in Exhibit "A" attached hereto and in the Final Utility Development Plan as
approved by CITY.
1.3 The OWNER shall construct the facilities, lines and appurtenances necessary to
connect to the City's system contained in the Easement Area to serve the development
as set forth in the approved Final Utility Development Plan. OWNER shall provide such
documentation necessary for the CITY to ascertain that the lines shall meet the
Page 1 — BFG Lakeshore LTD , Utility Service Agreement for Water & Wastewater
minimum line size requirements as specified by the CITY Land Development
Regulations.
1.4 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.
1.5 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No Certificate of Occupancy shall be issued until
water and sewer extensions have been completed and accepted by the CITY.
1 6 The OWNER shall be responsible for all costs of on -site and off -site improvements,
necessary to connect to CITY's system at its current location in the Easement Area.
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 7 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. The CITY shall notify OWNER within
60 days if lines are to be oversized.
1 8 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.
1.9 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 as certified by OWNER'S project
engineer. The CITY shall review and either approve or reject the costs.
1.10 The OWNER and CITY shall agree on the cost difference, which will 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 1.10 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 may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1 14 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns. No chain Zink shall be used in public view
areas.
Page 2 — BFG Lakeshore LTD , Utility Service Agreement for Water & Wastewater
1.15 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).
1.16 The remaining development (Single family and commercial portions) and other
requirements not covered by this multi - family amendment shall be developed in
accordance with the Water & Wastewater Service Agreement approved on 1/10/06.
1.17 The multi- family common areas shall be irrigated by private well.
1.18 The single family and multi - family residential portions of the development proposed
utility flow /demand for water is 169,050 gpd and sewer is 144,900 gpd; and the
commercial utility flow /demand for water is 11,305 gpd and sewer is 9,690 gpd.
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 project shall be developed according to the approved Lake County PUD (Ord.
#2004 -4 and #2009 -4 and #2011 -50), the preliminary plat dated 11/22/04; the final
engineering drawings dated 7/7/05; and the overall layout plan dated 6/31/11 as
submitted with the application. As approved in the PUD, plat and drawings described
above, all storm water from the commercial development to be located on the Property,
including the first flush generated by the commercial development, may be directed to a
master storm water pond to be developed as part of the residential community to be
developed on the Property, and such master pond shall satisfy all requirements with
respect to storm water from the commercial development without any onsite detention or
retention improvements required as part of the commercial development. The
commercial development to be located on the Property may be developed in
accordance with Lake County standards without regard for the JPA standards. Items
with respect to the 325 unit residential community to be developed on the Property not
addressed in the PUD must be developed to the JPA standards unless otherwise
stipulated in this Agreement or subsequent amendments to this Agreement.
2.3 OWNER will ensure that the CITY waterline has a minimum cover of three (3) feet and a
maximum of six (6) feet deep from the final surface of the ground.
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
Page 3 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater
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.
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 OWNER
City of Clermont BFG Lakeshore, Ltd.
City Manager James H. Fant
P.O. Box 120219 401 Ferguson Drive
Clermont, FI 34712 -0219 Orlando, FI 32805
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 their respective
officers
DATED this I (?th day of 5Cpirry-lber , 2011.
Page 4 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater
CITY OF CLERMONT
ATTEST:
_4■1
11, ' 4° ' lAt_1_4 _,O
Harold S. Turville Jr., Mayor Tracy Ackr•yd, City Clerk
OWNERS
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Or eshore, Ltd. fie z_sJ /A"71'
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STATE OF FLORIDA / 5 i__. L/J) J ' s '
COUNTY OF OYQ.Y9L°_
I HEREBY CERTIFY that on this day, before me, an offic dul aut nzed to administer
oaths and take ack. • I d ments, • ers • nally appeared 3 -- } rj tua
as
IYternbalmar4e' of c* 'I''' • K "' . .' , who provided identification in the form of v.
• f • 4 • — • . ' • T 7 1 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 144h day of 5rprr1br , 2011.
Notary Public
CHERYL L. GOTSIS
MY COMMISSION # DD991670
EXPIRES A•get 28, 2014
1.4,NoTARY 17 *My DYaaal AMoo. Co.
Page 5 — BFG Lakeshore LTD , Utility Service Agreement for Water & Wastewater
EXHIBIT "A"
PROPERTY DESCRIPTION
(affected parcel)
Owners:
BFG Lakeshore, LTD.
Descriptions:
FROM CENTER OF SEC RUN N 89 -33 -31 W ALONG S LINE OF NW 1/4 A DIST OF 724.83 FT TO W RNV LINE
OF HARTLE RD & POB, THENCE LEAVING SAID S LINE RUN N 01 -48-40 E 39 57 FT TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SE'LY HAVING A RADIUS OF 480 FT & A CHORD BEARING OF N 29 -30-
49 E, THENCE RUN NELY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 55 -24 -18 FOR A
DIST OF 464.16 FT TO THE POINT OF TANGENCY, THENCE RUN N 57 -12 -58 E 342.29 FT TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NW'LY HAVING A RADIUS OF 380 FT & A CHORD BEARING OF N 28 -51-
44 E THENCE RUN NELY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 56 -42 -29 FOR A
DIST OF 376 1 FT TO A RADIAL LINE, THENCE N 89 -29 -31 W ALONG SAID RADIAL LINE FOR A DIST OF 6 FT,
N 0 -30 -29 E 25 77 FT, N 89 -06 -32 W 108 8 FT, N 62 -10-41 W 99.09 FT, N 89 -06 -32 W 507.31 FT, N 0 -30 -29 E 270
FT TO S RNV LINE OF SR 50, RUN N 89 -06 -32 W ALONG SAID S R/W LINE 572.14 FT TO W LINE OF E 1/2 OF
NW 1/4, THENCE LEAVING SAID S R/W LINE RUN S 0 -26 -27 W ALONG SAID W LINE OF E 1/2 OF NW 1/4
1285.28 FT TO SW COR OF E 1/2 OF NW 1/4, THENCE RUN S 89 -33 -31 E ALONG S LINE OF NW 1/4 A DIST OF
605.93 FT TO POB ORB 2556 PG 877
Containing 25.31 acres +/-
Lake County Alternate Key Number & Parcel Number:
[Alternate Key: 1 3827131 'Parcel: I 26-22-26-000200002400 _ l
Page 6 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater
EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712 13� (02►'
THIS INSTRUMENT, Made this 2 day of ,1y, 2011, between BFG Lakeshore,
LTD, 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 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater
PROPERTY OWNER(S): WITNESSES (Two required):
BFG Lakeshore, LTD Witnesses
By: Add , 1. 4! A _._.,A . ICAA,te
ignature Signatuc
L. Gotsis
Type or print name Type or print name
By. 2. 4
Signatu - Signatu 4
C14 4.»
u '
Type or print name Type o print na e
STATE OF 9 0 rid a.
COUNTY OF DrCLr sc
The foregoin in ena cknowleed before me on this Ite da bfr
2011, by J`f? YL w 1) U dg , who i personal y know to
me or who has produced
as identification and who did not take an oath.
. CHERYL L. GOT SIS
SEAL: rnr ssi 14'° Mpg 2S. EXPIRES
"'" ay Fl NOM, Iheoomt Anon. Ca
Notary Public Type /print name Cheryl 1. Gotsis
Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695, F.S „ Prepared by a Public Officer, City Attomey, City
of Clermont, Flonda 34712
Page 8 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater
BFG Lakeshore, LTD
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Page 9 — BFG Lakeshore LTD., Utility Service Agreement for Water & Wastewater