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2012-52 • UTILITY SERVICE AGREEMENT FOR WATER &WASTEWATER This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Clermont Land Partners, LLC (CLP) and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting to develop the Magnolia Center Lots 1 and 2 for uses to include commercial and office uses, which is located on real property(the "Property") described On Exhibit 'A', attached hereto and by this reference made a part hereof, and oo2 Whereas, the Property is located in the unincorporated area of Lake County and the OWNER m RI is requesting water and sewer service from the CITY, and ;c c o z Whereas, as a condition of CITY ,providing said water and sewer service to the property, r7-')c� OWNER is to extend water and sewer lines to serve the Property and lines and appurtenances ° F 1 must be sized and constructed in accordance with the minimum requirements of CITY Land W �,o Development Regulations and to meet the flow demands for the subdivision; and D A o Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water c 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 I Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and mcn o conditions under which water and sewer service shall be extended and sized. m z, 0 NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter o o m; Z O om contained, the parties do hereby agree as follows: c c � Zr mom T � z n r0E m m o Section 1. OFF-SITE WATER/SEWER - Each and all of the foregoing premises are co Co _' incorporated into and constitute apart of this Agreement. o 0 -I 5.- 1 1 CITY shall provide water and sewer service for the Property. nr m( 1 2 OWNER shall connect to the existing City system at connection point or points approved by the CITY. cc C) 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 z� 1 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater _ • 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 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. 2 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater 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 2,000 gpd and sewer is 2,000 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 Site Plan for Lots 1 & 2 as submitted with the Utility Service Agreement request, by SK Consortium, Inc. (Exhibit"C") (c) The project shall be include all applicable requirements from the Water & Wasterwater Service Agreement that was approved on October 22, 2002 between the City of Clermont and Yolo Land Development, LLC for the Magnolia Center master development (Bk 2821, Pgs 284-289) 3 — Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater Section 3. WAIVER REQUESTS FOR THE PROPERTY OWNER requests the following waivers from requirements imposed in the City of Clermont Code of Ordinances (the "Code") which are permitted in the Lake County requirements and their PUD: (a) Rear and side lot corner building setbacks Allow the Lots 1 and 2 to follow the Lake County PUD approved building rear and side setbacks from of 12 feet, rather than 25 feet, per the City Code for rear and side corner lot setbacks. (b) Customer Parking: Allow for parking development across common lot lines of adjacent Lots 1 and 2 with the same ownership. (c) Grass Parking Allow for grass parking in accordance with Lake County standards — all parking in excess of required paved parking shall be permeable and stabilized. Section 4. ANNEXATION - 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 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. 4 Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater CITY OWNER City of Clermont Clermont Land Partners, LLC City Manager 5728 Major Blvd., Suite 174 P.O. Box 120219 Orlando, FL 32819 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. 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 auth9rized to execute same by City Council action, and OWNER through Qro/J S.I,et/j//el � I DATED this )04k. day of U(J 141 , 2012. CITY OF CLERMONT ATTEST: 111We - - - • Harold S. Turville Jr., Mayor Tracy Amiroyd, City Cler Approves-alto form and4 gality: Da •- . . zaris, City Attorney 5 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater OWNER: Clerm t Land Partners, LLC., 04_________ _ Title: J i 1 0t l fi=t 9 c Signature l '\/3\(\CUNCY\AM, ....,_ 3) k (--1 Print Name STATE OF `,Cp/LIIJ�i COUNTY OF pie a,rsd,€ The foregoing instrument was acknowledged before me on this021 day of --71/r� , 2012, by ndflmmr Q 274,4 / , , who is personal to me or who has produced f eav�4,441 reil/eaw 7 fig as identification and who did not take an o th. // Notary Publi ,/0� 4'jS EAL: Type/print name h-e„,//e/Af'X' ij, 1/&/i115 ' ` lEb1NE A.ADKINS IT Pi1tiNc_€State of Florida i "' , , .fa res Dec 19,2015 g, ;t± 4 N EE 154606 6 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater EXHIBIT"A" PROPERTY DESCRIPTION Owners. Clermont Land Partners, LLC Description: Lot 2 FROM SE COR OF SE 1/4 OF NW 1/4 RUN N 89-29-21 W 1227 25 FT TO E LINE OF W 100 FT OF SE 1/4 OF NW 1/4, N 0-48-14 E 1253 12 FT TO S R/W LINE OF SR 50, N 89-59-09 E ALONG SAID S RAN LINE 240 FT FOR POB, CONT N 89-59-09 E 135 FT, S 0-0-51 E 25 FT, N 89-59-09 E 15 FT, S 0-0-51 E 330 FT, S 89-59-09 W 150 FT, N 0-0-51 W 355 FT TO POB ORB 3968, PG 2313 Containing 1 22 acres, more or less And Lot 1 FROM SE COR OF SE 1/4 OF NW 1/4 RUN N 89-29-21 W 1227 25 FT TO E LINE OF W 100 FT OF SE 1/4 OF NW 1/4, N 0-48-14 E 934 08 FT FOR POB, CONT N 0-48-14 E 319 03 FT TO S RAN LINE OF SR 50, N 89-59-09 E ALONG SAID S RAN LINE 240 FT, S 0-0-51 E 355 FT, S 89-59-09 W 83 14 FT TO A POINT OF CURVATURE OF A CURVE CONCAVE N'LY, HAVING A RADIUS OF 93 FT & A DELTA ANGLE OF 26-24-37, THENCE NW'LY ALONG THE ARC OF SAID CURVE A DIST OF 42 87 FT TO A POINT OF TANGENCY, THENCE N 63-36-14 W 34 01 FT TO A POINT OF CURVATURE OF A CURVE CONCAVE S'LY, HAVING A RADIUS OF 107 FT & A DELTA ANGLE OF 26-24-37, THENCE NW'LY ALONG THE ARC OF SAID CURVE A DIST OF 49 32 FT TO A POINT OF TANGENCY, THENCE S 89-59-09 W 42 FT TO POB ORB 3968, PG 2313 Containing 1 89 acres, more or less Total Acres 3 11 +/- Lake County Alternate Key Numbers: 3859724 3866085 7 — Clermont Land Partners, LLC 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 10th day of July 2012, between Clermont Land Partners, LLC., 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 a pp licable 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 8 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater PROPERTY OWNER(S): WITNESSES (Two required): Clermont Lan art rs, LLC Witnesses By 1. �r Signature Signature )\k (') \!\.0.AA,%1L t ct Type or print name (N-N v` et' Type or print name By: 2. Signature Signature Type or print ame Type or}pmt name 7 STATE OF /Lie/D.9 COUNTY OF i2iz,.9.0‘‘ The foregoing instrument was acknowledged before me on this oe, day of , 2012, by /�/,yq�,n,�'® 40>.1�i3 Y ersonrall known to me or who has produced who is P Y p /f.�E✓Lsor/�.�� �.tfou>,C` � l ;41,,„Y. as identification and who did not take an oath. sy Tr, G Pe lt Abl(114 G• Notary Public ..../Z SEAL: i tr!6 eomm E opc El Type/print name L.6.4',/0/"./ c� '• . "- }� { Ao0• yL Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695,F.S.,;Prepared by a Public Officer,City Attorney,City of Clermont,Florida 34712 9 - Clermont Land Partners, LLC Utility Service Agreement for Water&Wastewater • ,t) __- rla•-- I i.-e' 9 �! 1-1-7......VC 4 Y 'Ij €^23 1• •• x.15 g - ..---- .....m,, k aP P I ` Z ir - to r ` .l •"•-• � a 1 1 EI)1 _ , I I� I' ors. ill r j: ,..i 4/ , ...5r1§. - 1 ,--II; . 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