2011-99 4e 46: INSTRUMENT 112011125406
685 W Atont aee St
OR BK 4110 PG 79 - 90 (12PGS)
e� sC 3471 DATE 12/30/2011 11 02 22 AM
vana, NEIL KELLY, CLERK OF THE CIRCUIT COURT
� � UTILITY SERVICE AGREEMENT LAKE COUNTY
<0° FOR WATER & WASTEWATER RECORDING FEES $103 50
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Colonial Acquisitions, Inc. and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a commercial establishment Automobile
Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc. with
up to 45,000 sq. ft., 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.
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
Colonial Acquisitions
Reed Nissan
Page 1 — Nissan, Utility Service Agreement for Water & Wastewater
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.
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
1.8 The OWNER shall construct or be responsible for all access to the site which may
include turn lanes from S.R. 50 into the development, along the southern property
boundary line.
1 9 The existing utilities along State Road 50 must 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.
1.10 The utilities in the commercial property shall be privately owned and maintained, but
shall be constructed to City standards.
1.11 Irrigation shall be provided by private well until such time that reuse water is available.
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 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.
1.14 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
1.15 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 1.12 and 1.13 from the CITY in the form of Impact Fee Credits.
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1.16 The Impact Fee Credits shall be established subject to Sections 1.12 and 1.13 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
1.17 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.
1.18 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.19 The City may require a looped system to provide reliability and redundancy to the
property.
1.20 The point of sewer connection shall be coordinated with the existing utilities on the north
side of State Road 50. The City will not accept ownership of utilities within the State
Road 50 right -of -way.
1.21 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns, as approved by the City's Site Review
Committee. No chain link shall be used in public view areas.
1 22 Parking of any vehicles outside the paved parking areas, or in any landscape buffers
shall not be permitted.
1 23 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 24 The development shall be in substantial compliance with the Dimension Plan shown in
Exhibit "C ". Major changes as determined by the Clermont Site Review Committee may
require an amendment to this Agreement.
1.25 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started
1.26 The Agreement shall be for commercial utility flow /demand for water at 6,000 gpd and
sewer is 6,000 gpd, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) 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.
(b) The project shall be developed in substantial accordance with the Master Site Plan
as submitted with the Utility Service Agreement request, dated 10/25/11 by Denham
Engineering, LLC.
Page 3 — Nissan, Utility Service Agreement for Water & Wastewater
Section 3. WAIVER REQUESTS FOR THE PROPERTY
OWNER will request the following waivers from requirements imposed in the City of Clermont
Code of Ordinances (the "Code ") and CITY staff will support such requests.
(a) Retaining Wall Height
D. The north retaining wall height will be a maximum of 6 feet for 1,463 feet + / -.
D The east side retaining wall height shall be a maximum 6 feet for 125 feet + / -.
D The west side retaining wall height shall be 6 feet for 130 feet and a maximum
10 feet +/- for 140 feet +/- for a total 270 feet.
D Wall buffer landscaping shall be provided with trees and shrubs for all exposed
walls facing perimeter properties. Perimeter landscape buffer must be provided,
including those areas at the top of the walls.
(b) Customer Parking Rather than basing the number of customer parking on the
square footage of the overall commercial space for the project, the CITY agrees to
base the number of customer parking spaces as follows:
D Dealer main building customer /sales area (7,716 square feet): 39 customer
parking spaces
D C V. /Body Shop building customer area (513 square feet): 3 spaces
Accordingly, 42 customer parking spaces are required at a minimum for the
project as indicated on the Site Plan. (51 are shown)
In addition, 45 employee parking spaces are provided.
(c) Product Inventory Space Size. The product inventory spaces shall be separated
from customer parking spaces and will be nine feet by eighteen feet (9' x 18').
Customer parking spaces will be ten feet by twenty feet (10' x 20'). Handicapped
(HC) parking spaces shall conform to ADA guidelines at 12' x 20' with a five (5) foot
wide access ramp, and the number shall be based on required parking spaces per
the LDC.
(d) Parking areas in the non - customer locations located north of the buildings as shown
on the Dimension Plan in Exhibit "C" may have one landscape island of 300 sq. ft.
every 15 parking spaces. All other areas south of the buildings shall maintain the
required one landscape island every 10 parking spaces Double stacking of
inventory cars shall be permitted per the Dimension Plan.
(e) Cut and Fill Maximum Standard for Grading. The grading for the site shall be limited
to a maximum 15 foot grade change in a cut or fill for the overall site with the
exception of two areas:
D The north - central area shall be limited up to 26 feet fill for 1.95 acres (25 3 %);
D The south - central area (adjacent to S.R. 50 ROW) shall be limited to up to 20
feet for 0.14 acre (1.8 %) of the site Both areas exceeding the 15 feet shall not
exceed 2% over this excess fill
Page 4 — Nissan, Utility Service Agreement for Water & Wastewater
(f) Signage. A secondary front monument sign for the CV /Body Shop building may be
permitted on the western front of the site up to 50% in size of the primary monument
sign size. The primary monument sign shall be limited to 60 square feet of copy
area, and in accordance with Section 102- 15(a)(1)a. of the Clermont Land
Development Code (LDC).
Section 4. ANNEXATION
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 5. 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 6. 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 Colonial Acquisitions, Inc.
City Manager 3776 West Colonial Drive
P.O. Box 120219 Orlando, FL 32808
Clermont, Fl 34712 -0219
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 5 — Nissan, Utility Service Agreement for Water & Wastewater
Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the agreement required
hereunder. This Agreement shall be valid for no longer than five (5) years
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 day of (OVe_m(p(% , 2011.
CITY OF CLERMONT
ATTEST:
4111V-__ 1
- /
Harold S urville Jr., Mayor Tracy A,kr• d, City Cler 4
Approve• - o for • . • ega i y y �. , "z' %•_
`: I ► At o • - a, . . a i�f .r
Page 6 — Nissan, Utility Service Agreement for Water & Wastewater
•
OWNER: Colonial Acquisitions, Inc.
Title:
Signature
/t...
Print Name
STATE OF ]—*
COUNTY OF C >T,
The foregoi � instrument was acknowledged before me on this .j day of .( ('
2011, by ,f 1"��1C.� �r�;r. �v o, , who is personally known to
me or who has 'produced as identification and
who did not take an oath.
Notary Public SEAL:
Type /print name-
„„�,,,,, C EDWARDS
„s4P Notary
R
� �as‘ : ` My Comm b Expires a Apr3 0 2014
-• . . •e
µ o, Commission # EE 18344
°;,;, °', Bonded Through National Notary Assn
Page 7 — Nissan, Utility Service Agreement for Water & Wastewater
EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
Colonial Acquisitions, Inc.
Description:
LAKE HIGHLANDS 26 -22 -26 FROM NW COR OF SEC 26 RUN S 89 -26 -50 E ALONG N LINE
666.86 FT TO NE COR OF TRACT 8, S 0 -01 -49 W ALONG SAID E LINE OF TRACT 8 A DIST
OF 568.30 FT TO SE COR OF TRACT 8, BEING ALSO A POINT ON N'LY R/W LINE OF ACL
RR R/W FOR POB, CONT S 0 -01 -49 W ALONG E LINE OF SAID TRACT 9 & ITS
EXTENSION N'LY A DIST OF 582.77 FT TO A POINT ON N'LY R/W LINE OF SR 50, N 89 -23-
48 W ALONG N'LY R/W LINE 128.70 FT, N 0 -36 -12 E 18 FT, N 89 -23 -48 W 400 FT, S 0 -36 -12
W 18 FT, N 89 -23 -48 W 124.26 FT TO A POINT ON W LINE OF TRACT 9, SAID POINT
ALSO BEING E LINE OF A 15 FT R/W, N 0 -05 -07 E ALONG W LINE OF SAID TRACT 9 & ITS
EXTENSION N'LY A DIST OF 467 20 FT TO A POINT ON N'LY R/W LINE OF ACL RR, N 80-
34-55 E ALONG N'LY LINE OF RR R/W A DIST OF 620.79 FT, THENCE CONT NE'LY
ALONG N'LY R/W LINE OF RR, A CURVE TO THE LEFT, AN ARC DIST OF 40.74 FT, SAID
CURVE HAVING A RADIUS OF 1826.84 FT, A DELTA ANGLE OF 01 -16 -40 & A CHORD
BEARING & DIST OF N 79 -56 -35 E 40.74 FT TO POB, BEING TRACT 9 & THAT PART OF
RR R/W LYING N OF TRACT 9 LYING BETWEEN E & W LINE OF TRACT 9 EXTENDED
N'LY PB 3 PG 52 ORB 4037 PG 1355.
Containing 7.7 acres, more or less
Lake County Alternate Key Numbers:
1118191
Page 8 — Nissan, 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
THIS INSTRUMENT, Made this 8th day of November 2011, between Colonial
Acquisitions, Inc., 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 9 — Nissan, Utility Service Agreement for Water & Wastewater
PROPERTY OWNER(S): WITNESSES (Two required):
Colonial Acquisitions, Inc. Witnes - -
B � 1. 44i
Signs re Sz r s sir
V ..., s I idAA011-4
Type or prmt lame Type or prmt name
By: 2.
Signature Signature
Type or prmt name Type or print name
STATE OF L
COUNTY OF n r iew. fc
The foregoing instrument mas acknowledged before me on this 5 day of
�QC , , 2011, by }.kylc 1 , who is
personally known to me or who has produced
as identification and who did not take an oath.
Notary Public SEA , ,,,,, C EDWARDS
Notary Public State o1 Flonda
?. ; •� •_ My Comm Expires Apr 30, 2014
Type /print name C l � CAS = ; F J 3 m A, Commission # EE 18344
° "48r, Bonded Through National Notary Assn
Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695, F S„ Prepared by a Pubhc Officer, City Attorney, City
of Clermont, Flonda 34712
Page 10 — Nissan, Utility Service Agreement for Water & Wastewater
EXHIBIT "C"
DIMENSION PLAN
Colonial Acquisitions, Inc. (Reed Nissan) - Master Site Plan:
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Page 11 — Nissan, Utility Service Agreement for Water & Wastewater
EXHIBIT "D"
LOCATION MAP
Colonial Acquisitions, Inc. (Reed Nissan)
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Page 12 — Nissan, Utility Service Agreement for Water & Wastewater