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2016-62 City.of eteutwtit 685 W.Montwee St efouno ,„t S63g7�) INSTRUMENT#2016092970 OR BK 4831 PG 639-648 (10 PGS) tik.fr UTILITY SERVICE AGREEMENT DATE:9/7/2016 12:57:59 PM FOR WATER WASTEWATER NEILE COUNKELLY,TY CLERK OF THE CIRCUIT COUR- LAK RECORDING FEES$86.50 This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Extreme Grove Investments, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 66.44 acre single family residential subdivision with 122 lots 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 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. Page 1 — Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater 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. 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 Hartwood Marsh Road into the development. 1.9 The existing utilities 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 Irrigation shall be provided by private well for all non-residential area and common areas. Residential lots may only use reclaimed water for irrigation. 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 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. 1.15 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. Page 2— Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater 1.16 Impact Fee Credits may not be transferred outside of the Property described on Exhibit "A" and as depicted in Exhibit "D" Location Map, but may be assignable to any heirs, assigns or successors in interest or title to part or all of said Property. 1.17 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.18 The City may require a looped system to provide reliability and redundancy to the property. 1.19 The point of water and sewer connection shall be coordinated with the existing utilities. The City will not accept ownership of utilities within the existing Hartwood Marsh Road right-of-way unless the utilities will not require relocation with the future Hartwood Marsh Road modifications. Utilities will not be permitted under private access roads. 1.20 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. 1.21 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). 1.22 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.23 The Agreement shall be for a residential utility flow/demand for water at 58,560 gpd and sewer is 26,531 gpd, based on an annual average. Re-Use (Gray Water) Water is 51,550 gpd and can only be used for residential. 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 overall density of the residential development shall be determined by the City of Clermont. Any assumptions by this Agreement based on the number of residential lots, development standards, and acres - are to be approved by the City of Clermont through the City approval process. 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 Page 3— Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater (c) The overall density of the residential development shall be determined by the City.of Clermont. Any assumptions by this Agreement based on the number of residential lots, development standards, and acres-are to be approved by the City of Clermont through the City approval process. 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 as depicted in Exhibit "D" Location Map. 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 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 Extreme Grove Investments, LLC City Manager Alexander M. Howell P.O. Box 120219 P.O. Box 1930 Clermont, FL 34712-0219 Minneola, FL 34755 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. Page 4—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater OWNER: Alexander M. Howell for Extreme Grove Investments, LLC 'IP 4#/r / . ,. � 0 / Title: 4,•1 aor ignature bfr . . L__ Print Name STATE OF .it-70)r/da COUNTY OF ',}le a- The foregoin strument-w/as ackno I g before me on this ' day of , 2016, by r k't,c c eY G�/� , who is pers7-1174 ona known to me or_who has prod— i ,✓.& �,,�e6t,5P- as identification and who did not take an oath. Notary Publi ".!..L___..101111.,.../'z- _ i L: ,��� . t:".°:; DENISE R AnNOAX Type/print nameen �"r� ' 4/7 t * c_ * MYCOMMISSION#FF9282.52 �- — ; :rhi , v EXPIRES:December20,2019 4toF F oe Bonded TAru Budget Notary Bendeee Page 5-Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through it ity Manager authorized t ex cute same by City Council action, and OWNER through R[/a r C 2 i�i h / . DATED this 26th day of July, 2016. `J CITY OF CLERMONT ATTES . , . ,0? / �/ i /1 \7_____ Gail L. Ash, Mayor Tracy Ac royd H•we, City CIO( a,s5, :1:'!,:r::..c,A,;,'..i.",, 1. Approved as to fort and Legality: rr �En 1 " `� �� ;.. Daniel F. Mantzaris, City Attorney �' z ` "' ,��` i,. ' -:;''''',.,;"."-'`,,7-:,f':,''':,.._,?''' :.�" , ':',%) ,-1':';'� r ,,i, Page 6—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater • EXHIBIT"A" PROPERTY DESCRIPTION Owner: Extreme Grove Investments, LLC Description: The North 1/2 of the Northeast 1/4 of Section 1, Township 23 South, Range 26 East, Lake County, Florida. Less and except that part thereof lying within the plat of Prominent Pointe. recorded in Plat Book 41, Pages 74 and 75, Public Records of Lake County, Florida., Together with and subject to that certain easement for ingress and egress described in Easement recorded in Deed Book 339, Page 142, Public Records of Lake County, Florida. Less and except that portion of the land conveyed by Warranty Deed recorded In Official Records Book 2401, Page 2125, of the Public Records of Lake County, Florida. being more particularly described as follows: That part of the Northeast 1/4 of Section 1, Township 23 South, Range 26 East. in Lake County. Florida, bounded and described as follows: Commence at the Northwest corner of the Northeast 1/4 of said Section 1, Township 23 South, Range 26 East, and run S. 89 degrees 46'07" E.. along the North line of the Northeast 1/4, a distance of 25.00 feet to the Point of Beginning of this description; from said Point of Beginning, continue S. 89 degrees 46'07" E., along the North line of the Northeast 1/4, a distance of 346.91 feet; thence 5.00 degrees 27'22" W., 627..84 feet; thence N. 89 degrees 46'07" W., 346.91 feet to o point that is 25 feet Eost of, when measured of right angles thereto, the West line of the Northeast 1/4 of said Section 1; thence N. 00 degrees 27'22" E.. parallel with the West line of the Northeast 1/4. a distance of 627.84 feet to the Point of Beginning. Containing therein 66.44 acres, more or less. Lake County Alternate Key Numbers: 3502027 Page 7—Extreme Grove Investments 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 26th day of July, 2016, between Extreme Grove Investments, LLC (Alexander M. Howell), 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" - Property Description Exhibit "C" - Location Map 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 8—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater PROPERTY OWNER(S): WITNESSES (Two required): Extreme Grove Investments, LLC Witnesse By:jeZ 1. ' Ai me, 4 Signature Signature Alexander M. Howell ' f nn Type or print name T, •e or print name 2. / Sign ture ,,^^ � kAikUaylU � Type or print name STATE OF -�"/ /9t COUNTY OF ,&,4//e e foregoing instrument c novel ged b/efj're e on th y� w day of 2016, by � ei" ./& GG T , who is rsonally known tome or who hasproduced �!.`�2 eceic ! as identification and who did not take an oath. 1 � / Notary Publ / _, _' � -i- AL' .0%.,�,:," •a g My DcEorssirt NO FF 9%52 r 1.J Type/print name ` /2 /� .. y/j�� ',,L. PEThDeceallobeft.mat Pursuant to Section 695.29(3)(1): this instrument exempt from Chapter 695,F.S.,;Prepared by a Public Officer,City Attorney,City of Clermont,Florida 34712 Page 9—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater ' . • 1.'4714.4...ri."1..7'.;:....::77.1 .1r.'''''1-`2.11=Y.1 I I 111 I liitt illlir . -'17::.'"1.. 1, 1 , t1 r1 [1 4�V v , �.. t 'ttiS5rit 11: I • AIN1 1�.J ✓N Y O� �' �""t ty'L-a.'C. r .I�r:t„c1 tr ¢ 'S{� ",,ii "" 9 4. , - �,As—easy dr--"i ra1..- i y II * ------------ Jl1Nf10� 3�q� -' ; 4 14 IPS'q, sem ) ( f �`,� 1 y,. �� 17�y 1W11.iiplipt-t,�Ii' ,* _ •-•,- ' 110� _ ic '1 ' 1 tied 111[4, 11,.11,11i,1171111:•'[;11010iriiiiii .,I 1 .'it I..I'' c '" � • Ny I 1 cr . • , J.:-.4., tt..-,-;4x .1....li: . .'4, e ,„,,, iiil ii,„,1.,,„ ._ ,, ,,,, ,, ,, _ . ,. , ss___ , ., ., , ,,,. i 0.111 (6 Zi5 4�,, •�,� 3 Y11 CO 4'‘::::'-T3.."5"-.S.- u x y A^. . . 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