Loading...
2012-76 , ; 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 Jack R & Joan B. Amon, F & J Developers, LLC, and Eagles Landing at Ocoee, Inc., and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to a Planned Unit Development with single family residential 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. Page 1 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. 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. Page 2 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 requirements for service and hydrant installation. 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 Lake-Sumter Metropolitan Planning Organization (MPO) for compliance with Transportation Concurrency, and the Transportation Management System (TMS). 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 Overall Plan for Verde Park dated 9/13/12 as prepared by June Engineering Consultants, Inc. (Exhibit "C", unless otherwise approved by the City of Clermont, and in substantial compliance with the City's Land Development Code. 2.3 All Fire Department protection features and hydrant installation must be completed, tested and in service prior to any home construction. Home permits may be pulled but no construction materials (combustibles) may be delivered on site until all fire services are completed and approved by the Fire Department. Section 3.' 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" and depicted in Exhibit "C". The Notice of Encumbrance shall be executed by all owners of the real property describe 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.O. Box 120219 Santa Ynez, CA 93460-0187 Clermont, FL. 34712-0219 Eagles Landing at Ocoee, Inc. P.O. Box 770609 Winter Garden, FL 43777-0609 F&J Developers, LLC 124 Terra Mango Loop, Suite A Orlando, FL 32835 Section 6. AMENDMENTS/PRIOR AGREEMENTS Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. This agreement replaces in its entirety that certain Utility Service Agreement approved October 12, 2010 between the City and Jack R. & Joan B. Amon and Eagles Landing at Ocoee, Inc. and that certain Utility Service Agreement approved October 12, 2010 between the City and F& J Developers, LLC. 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 25`h day of September, 2012. CITY OF CLERMONT ATTES : arol• S. Turville Jr., Mayor Tracy Ackr'yd, City Clef erk Approv- . as to form and I-•ali : „ .Dan e ity Attorney orney ... •+s-a�a�►� Page 4 OWNERS: Jack R. & Joan B. Amon, F & J Developers, LLC, and Eagles Landing at Ocoee, Inc. Jack R. Amo Joan B. Amon I By: ` By: Szgnat ignature J0.0 � . r�Ma✓� J e lg. AMor Type or print name Type or print name STATE OF FLog I DA COUNTY OF O RANG The foregoing instrument was ackn wledged before me on this 15 day of Q co beer- , 2012, by o1/4c K . J oar\ B, A M 0" , who is personally known to me or who has produced as identification and who did not take an oath. Notary Public SEAL: slink, JEFFREY aSED0FF . d. MY COMMISSION#EE 072600 ' EXPIRES Type/print name BondThrN rwel>cUnd to Page 5 F&J Develope By. �- Signature Wek(11C6 -. C--71-4/1- Type or print name STATE OF 'Floe-4=16k COUNTY OF C2eaiv V— The foregoing instrument was ac owled ed before me on this (dam day of (Ucs. ( ki 2012, by FPaev�`Q G` , who is. ersonally known to`' me or who has produced as identification and who did not take an oath. / Notary Public '��► Akk, . SEAL: Type/print name _ . _ IA V e �. Notary Pubuc State of Flonda Judy Schmitt +t My Commission EE030972 ��?i 0„\9r Expires 12/08/2014 Page 6 Eagles Landing at Ocoee, Inc. By: Stgna Roh )o'ytd A , 3vvw Type or print name STATE OF c t-O I b f} COUNTY OF a RA NG t= The foregoing instrument was acknowledged before me on this 12 day of Nevci b er-, 2012, by R dkt QN ei '4 c\k ivne , who is personally known to me or who has produced as identification and who did not take an oat Notary Public 1' JEFFREY ASEDLOFF ry SEAL: °8 -• MY COMMISSION I EE 072600 .k4.' EXPIRES.Juty 10,u2015 A, LY Type/print name gin`` \\Cityhall\shares\Planning and Zoning\JPA-Utility Agreements&Reviews\Verde Park\Verde Park Agreement doc Page 7 EXHIBIT "A" PROPERTY DESCRIPTION Owners: Jack R. & Joan B. Amon; F & J Developers; LLC; and, Eagles Landing at Ocoee, Inc. Lake County Alternate Key Numbers: Jack R. & Joan B. Amon: 1037352 1037379 1061717 F & J Developers, LLC 1037344 Eagles Landing at Ocoee, Inc. 2992115 Descriptions: Jack R. & Joan B. Amon 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 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 1061717: EDGEWATER BEACH SHEET NO 2 LOTS 7, 8, 9 BLK 4 PB 8 PG 19—ORB 1797 PG 1449 F & J Developers, LLC 1037344: 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 RNV LINE 164.88 FT TO A CURVE CONCAVE TO THE N, THENCE RUN ELY 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 RNV 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 Page 8 Eagles Landing at Ocoee, Inc. 2992115: THAT PART OF ABANDONED T & G RR R/W DESCRIBED AS FOLLOWS: FROM SE COR OF SEC RUN N 0-27-06 E ALONG E LINE OF SEC A DIST OF 775.06 FT FOR POB, RUN N 67-01-42 W ALONG S R/W LINE OF T & G RR R/W A DIST OF 272.43 FT TO A CURVE CONCAVE S'LY, THENCE RUN W'LY ALONG THE ARC OF SAID CURVE & SAID S R/W LINE HAVING A RADIUS OF 866.73 FT, A CENTRAL ANGLE OF 37-45-0 AN ARC LENGTH OF 571.06 FT, A CHORD BEARING OF N 85-54-12 W & A CHORD DIST OF 560.78 FT TO A POINT OF TANGENCY, THENCE RUN S 75-13-18 W ALONG SAID S R/W LINE 118.99:FT TO A CURVE CONCAVE SE'LY, THENCE RUN W'LY ALONG THE ARC OF SAID CURVE & SAID S RAN LINE HAVING A RADIUS OF 1382.39 FT, A CENTRAL ANGLE OF 19-01-33, AN ARC LENGTH OF 459.04 FT, A CHORD BEARING OF S 65-42-31 W & A CHORD DIST OF 456.94 FT, THENCE RUN N 0-30-13 E 119.22 FT TO A POINT ON N-RNV LINE OF T & G RR RAN SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE SE'LY, THENCE RUN E'LY ALONG THE ARC OF SAID CURVE & SAID N RAN LINE HAVING A RADIUS OF 1482.39 FT, A CENTRAL ANGLE OF . 16-25-40, AN ARC LENGTH OF 425.03 FT, A CHORD BEARING OF N 67-0-28 E & A CHORD DIST OF 423.58 FT TO"A POINT OF TANGENCY, THENCE RUN N 75-13-18 E ALONG SAID N RAN LINE 118.99 FT TO A CURVE CONCAVE S'LY, THENCE RUN E'LY ALONG THE ARC OF SAID CURVE & SAID N RAN LINE HAVING A RADIUS OF 966.73 FT, A CENTRAL ANGLE OF 37-45-0, AN ARC LENGTH OF 636.94'FT, A CHORD BEARING OF N 85-54-12 W & A CHORD DIST OF 625.48 FT TO A POINT OF TANGENCY, THENCE RUN S 67-01-42 E ALONG SAID N RAN LINE 230.97 FT TO A POINT ON SAID E LINE OF SEC, S 0-27-06 W ALONG SAID E LINE A DIST OF 108.25 FT TO POB —ORB 3439 PG 450 Total Containing 61.39 acres +/- Page 9 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 25th day of September,2012,between Jack R. & Joan B. Amon, F & J Developers, LLC, and Eagles Landing at Ocoee, 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 10 Notice of Encumbrance to Annex to City of Clermont - signature page PROPERTY OWNER(S): WITNESSES (Two required): Jack R. • on & Joan B. mon Witnesses kl By: S � % / Sig 1. ignatur� Jock R. A Move J o,Mes P, pvin,,, Type or print name Type or print nam ))--e',,, nature Signature 3 aar $, flMo," ,\e f re/ 4.. SdII(CY,f' Type or print name Type or print name STATE OF LeJg I V4 COUNTY OF OR 4 4 The foregoing instrument was acknowledge before me on this ) S day of pcc. ob er , 2012, by J ch.0 k 'R. .._) cn,o%n B. /4/k o y\ , who is personally known to me or who has produced as identification and wh did not take an oath. . «,,,,,, JEFFREY A.SEDLOFF 3,; ,,, ,,z MY COMMISSION tl EE 072600 Notary Public SEAL: K= e«�a July u?d1•.r:r,r Type/print name Pursuant to Section 695 29(3)(f) this Instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City of Clermont,Florida 34712 Page 11 Notice of Encumbrance to Annex to City of Clermont - signature page Eagles Landing at Ocoee, Inc. Witnesses By: 1. /fir r Sig 100111111°- . gnature 0tN Ienrj A_ J vie J ages P. P - Type or print name Type or print name 2. Signature J c e�� A -Se OA Gig or print name STATE OF F ID4 COUNTY OF c yi2,q,14GE The foregoing instrument was acknowledged before me on this 12- day of Nov eM r, 2012, by , o h 1 a,v d A , ,\ v e , who is personally known to me or who has produced as identification and who id not take an oath. F JEFFREY A SEDLOFF Notary Public SEAL: MY COMMISSION II EE 072600 ., �' �a EXPIRES'July 10 2015 ers p;T,,,. Bonded Thru Notary Type/print name Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City of Clermont,Flonda 34712 Page 12 Notice of Encumbrance to Annex to City of Clermont - signature page Eagles Landing at Ocoee, Inc. Witnesses By:______,ZS 1. , 6411P Signature S�ifure ?NG4• tcnv�cI A - J Uve / Jo,Mes Pc pu1nv\ Type or print name Type or print name 2. Signature /� A Q--p Y, `l' 4,y A. S'. 1 CDg Type or print name STATE OF FLORIDA COUNTY OF O RA,1■1 G c The foregoing instrument was acknowledged before me on this 12 day of Nov2.M b<r-, 2012, by R o h I a vac A , ki e\e , who is personally known to me or who has produced as identification and who ;id n•t take an oath. AI-, ", JEFFREY A SEDLOFF Notary Public '' iMi�/ SEAL: •_ MY COMMISSION#EE 072600 :` "�-= EXPIRES.July 10,2015 '4,1; Bonded Tin tiotary Public Underwriters Type/print name . Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City of Clermont,Flonda 34712 \\Crtyhall\shares\Planning and Zoning\JPA-Utility Agreements& Reviews\Amon\Amon&Eagles Landing Agreement doc Page 13 EXHIBIT "C" Verde Park Site Plan Jack R. & Joan B. Amon; F&J Developers, LLC; and, Eagles Landing at Ocoee, Inc. Aerial view: 1., Oq r - ' . .' . SITE . �H -, ti i Orange: .' . ille - ,. ,mac j. , _.........„.0141.1r ••0011011114911." , ...: - WOCI * i' — : d Jt-. •--_ -. -. —_ ., _� Mil r , . . 1,. , ,, f • p4:„...„...,„,, - -o :ate° Page 14 _ ''8 �a 1 a)41' -: ;}_ -_-� �` __ 7 \� 'F _ _ l ' IF Vqr 1 = P rii ry-),., i I .,,-1,1A4-0„- a ,.:7:1_.goloto,-, NoriTA �---c--- � III J 1 1 VIP Ill jll' r I g. 01 t9 , *pH!ff I -s iaimlt I cif i I.. r' v 11 40[ , III ,�> -1< 12 i 1I , � F' „ _ . _' ' ,.o- I i ATI,li g.,:3 ,� I trih[II ! .,:o/ / o ,. ni ,",,l . -Ibis--_ 1' : { Il 0 ! ,-1 -1i CA rate 1 llIL.„ ..,.. . '74 I (1) ="ci • l',- tain 4] , .6, NI ' - -41E4&slim" 4.- cl, r—— i Exit I:2-.. .-,-,.::,---i- .....-14.4*.e.a,--,,,,,,k t i of u .... i :____ _Ipitoraimpaza - Avinolt 1 / .1g " I"ni`i 0141116 IMA -\\01\' ' i ' ' Inillfilnal • III X '"-aim.tilltitlomvoi,;,i��j '; i - is 1 w ; _•Ila--;Wan q;c119, lar alti atIfilia 2 ' '''' -401111