2016-26 UTILITY SERVICE AGREEMENT
FOR WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of-Florida, and Minneola School Development, LLC (a k a
--Pinecrest Lakes Academy), and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a private school with up to 53,800 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 within the City of Minneola and the OWNER is requesting
wastewater/sewer service from the CITY, and
Whereas, as a condition of CITY providing said wastewater/sewer service to the property,
OWNER is to extend 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 development, and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the sewer
lines and appurtenances in order to provide additional capacity to other properties, and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which 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 SEWER — Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement
1 1 CITY shall provide 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 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
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans
Page 1 —Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
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 sewer is
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 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 Hancock Road`or Old Hwy 50 into the development, along the
northern property boundary line
1 9 The existing utilities along Old Hwy 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 property shall be privately owned and maintained, but shall be
constructed to City standards ,
1 11 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 12 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 13 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction
1 14 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the 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 11 and 1 12 from the CITY in the form of Impact Fee Credits (if
-applicable)
1 15 The Impact Fee Credits (if applicable) shall be established subject to Sections 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 16 Impact Fee Credits (if applicable) may not be transferred outside of the Property
described and shown on the location map in Exhibit "A", but may be assignable to any
heirs, assigns or successors in interest or title to part or all of said Property
Page 2—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
1 17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees (if applicable), connection fees and permitting fees ,
1 18 The City may require a looped system to provide reliability and redundancy to the
property Easements in accordance with Clermont standards may be required for
access, as determined by the City of Clermont
1 19 The point of sewer connection shall be coordinated with the existing utilities on the Old
Hwy 50 The City will not accept ownership of utilities within the Old Hwy 50 right-of-
way
1 20 The Pinecrest Lakes Academy development will be required to disconnect from the
CITY of Clermont sewer system, at the OWNER's expense, and connect to Minneola's
system upon notice from the City of Minneola
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 Parking shall not be permitted on any State or local road right-of-
ways
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 Site Plan and Architectural
Plan as shown in Exhibit "B" 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 sewer is 1,200 gpd,
based on an annual average Exceeding these amounts may require a new Utility
Services Agreement (gpd = gallons per day) Allowed overage of up to 10% allowed
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 and
architectural renderings (Exhibit "B") as submitted with the Utility Service Agreement
request, dated September 2015 by BESH
Page 3—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
Section 3. 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 4 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 Minneola School Development, LLC
City Manager 6340 Sunset Drive
P O Box 120219 Miami, FL 33143
Clermont, Fl 34712-0219
Section 5. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties
Section 6 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
Page 4—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below CITY tarough its Mayor, authorized to exgg9�ute same by City Council action,
and OWNER through Horrett.hj+V- 9W) /f /914 44,n e
DATED this `c day of Q y zatj- , 2016
CITY OF CLERMONT
ATT •T
Gail L Ash, Mayo Tracy Ac royd Howe, City Clerk
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N�r ''arc'a r "r / `
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OWNER: Minneola School Development, LLC (a k a Pinecrest Lakes Academy)
AOAUvr /C Title Manager
Signature
Rosanne Wright
Print Name
STATE OF �n
COUNTY OF D
The foregoin instrument wAs/Acknowledged before me on this /Z day of // / ,
2016, by gasigd I/V/� , who is persona ly known to
me or who has produced as identification and
who did not take an oath
Notary Public140 SEAL aab��a4�.�% Marilyn Bovey
k‘,�i�� &V?2
° Commission # 281571
Type/pant name /(i7/u/ "= Expires: 2019
' Bonded thru
Ann Notary
Page 6-Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
Minneola School Development, LLC (a k a Pinecrest Lakes Academy)
Description'
LANDS DESCRIBED IN O.R. BOOK 0946, PAGE 2402 AND O.R. BOOK 0946, PAGE 2404, OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID LANDS BEING A PORTION OF TRACT 40-B,
41 AND OLD RAILROAD RIGHT-OF-WAY AS SHOWN ON THE PLAT OF LAKE HIGHLANDS
COMPANY PLAT OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN
PLAT BOOK 3 PAGE 32, OF THE SAID PUBLIC RECORDS OF LAKE COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF EASTRIDGE PHASE II, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 4-6, OF THE SAID PUBLIC RECORDS OF
LAKE COUNTY,THENCE SOUTH 00°0210" EAST ALONG SAID EAST LINE, A DISTANCE OF 37 70
FEET TO THE SOUTH LINE OF LANDS DESCRIBED IN 0 R BOOK 1025, PAGE 1905, OF THE
SAID PUBLIC RECORDS OF LAKE COUNTY, SAID POINT BEING THE POINT-OF-BEGINNING,
THENCE NORTH 89°57'50" EAST ALONG SAID SOUTH UNE AND THE SOUTH LINE OF LANDS
DESCRIBED IN 0 R BOOK 1049, PAGE 0734,AND O.R. BOOK 3131, PAGE 2164, OF THE SAID
PUBLIC RECORDS OF LAKE COUNTY, A DISTANCE OF 580 00 FEET TO THE SOUTHEAST
CORNER 01 SAID 0 R BOOK 3131, PAGE 2164; THENCE NORTH 08°43'11"WEST ALONG THE
EAST LINE OF SAID 0 R BOOK 3131, PAGE 2164, A DISTANCE OF 208 56 FEET TO A POINT ON
THE SOUTH LINE OF LANDS DESCRIBED IN O.R BOOK 2097, PAGES 1698-1702, OF THE SAID
PUBLIC RECORDS OF LAKE COUNTY, SAID POINT BEING 10 FEET SOUTH (BY PERPENDICULAR
MEASUREMENT)OF THE SOUTH RIGHT-OF-WAY LINE OF OLD COUNTY ROAD 50(AS SHOWN)
ON COUNTY ROAD OLD 50 RIGHT-OF-WAY AND SURVEY& MAINTENANCE RIGHT-OF-WAY MAP
RECORDED IN MAP BOOK 9, PAGES 1-27, OF SAID PUBLIC RECORDS OF LAKE COUNTY AND
THE POINT OF CURVATURE OF A NON TANGENT CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 957 00 FEET, AND A CENTRAL ANGLE OF 09°39'59",
THENCE FROM A TANGENT BEARING OF SOUTH 49°35'11" EAST, RUN SOUTHEASTERLY,
PARALLEL TO SAID SOUTH RIGHT-OF-WAY LINE AND ALONG SAID SOUTH LINE OF O.R. BOOK
2097, PAGES 1698-1702, AND THE ARC OF SAID CURVE AN ARC DISTANCE OF 161.44 FEET TO
A POINT ON THE WEST LINE OF THE NORTHERLY EXTENSION OF SKYRIDGE VALLEY PHASE II
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, PAGES 87-88,
OF THE SAID PUBLIC RECORDS OF LAKE COUNTY, THENCE SOUTH 00°05'57" WEST ALONG
SAID WEST LINE, A DISTANCE OF 697 07 FEET TO THE NORTHEAST CORNER OF LANDS
DESCRIBED IN 0 R. BOOK 2403, PAGE 1587, OF THE SAID PUBLIC RECORDS OF LAKE COUNTY
AND THE POINT OF CURVATURE OF A NON TANGENT CIRCULAR CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 880 00 FEET, AND A CENTRAL ANGLE OF 14°06'42',THENCE
FROM A TANGENT BEARING OF NORTH 75°55'28" WEST, RUN WESTERLY ALONG THE NORTH
LINE OF SAID 0 R BOOK 2403, PAGE 1587, AND THE ARC OF SAID CURVE AN ARC DISTANCE
OF 216 74 FEET,THENCE SOUTH 89°57'50" WEST ALONG SAID NORTH LINE, A DISTANCE OF
445 78 FEET TO THE SAID EAST LINE OF EASTRIDGE PHASE II, THENCE NORTH 00°02'10"
WEST ALONG SAID EAST LINE, A DISTANCE OF 579 20 FEET TO THE POINT-OF-BEGINNING
Containing 9 15 acres, more or less
Address: Lake County Alternate Key Numbers.
14012 Old Hwy 50 1647673
Page 7—Pinecrest Lakes Academy, Utility Service Agreement for Wastewater/Sewer
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