2017-26 CITY OF CLERMONT INSTRUMENT 12017024115
PO BOX 120890. OR BK 4911 PG 36-41 (6 PGS)
CLERMONT FL 34711 DATE:3/6/2017 2:02:29 PM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
RECORDING FEES$52.50
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 ARWA Investments, LLC - Rajab K.
0 Abukhadrah and any successors or assigns, hereby referred to as OWNER.
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WITNESSETH
Whereas, OWNER is requesting service to a medical commercial/office 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 incorporated area of the City of Minneola and the
OWNER is requesting sewer service from the CITY; and
Whereas, as a condition of CITY providing said 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 subdivision; 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 until sewer connection is available and
required by the City of Minneola.
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
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 —ARWA Investments, LLC
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.
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 existing utilities shall 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.
1.9 The utilities in the commercial properties shall be privately owned and maintained, but
shall be constructed to City of Clermont standards.
1.10 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.
1.11 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 an 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.
1.12 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.
1.13 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.14 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.15 The Agreement shall be for commercial utility flow/demand for sewer is 1,400 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
Any other items not addressed must be developed to City of Minneola standards unless
otherwise stipulated in this Agreement or subsequent amendments to this Agreement.
Section 3. SEVERABILITY
Page 2—ARWA Investments, LLC
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 ARWA Investments, LLC
City Manager do Rajab K. Abukhadrah
P.O. Box 120219 255 Citrus Tower Blvd., Suite 202
Clermont, Fl 34712-0219 Clermont, FL. 34711
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.
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 14th day of February, 2017.
CITY OF CLERMONT
ATTEST:
•
)6r-t/..f.;6" -
Gail L. Ash, Mayor Tracy Ackroyd Howe,Clay Clerk
474T�teofew
OWNER: ARWA Investments, LLC - Rajab K. Abukhadrah
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Page 3—ARWA Investments, LLC
Title:
Signature
Print NaIne
STATE OF 'I orld a.
COUNTY OF (..:04<c 2-,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally
_appeared Rap.(o A-toutLkc4lr-h
as�(�e�I�-Q�� of ArtA)�l _1—��VQ'c-1-i- d , who provided identification
in the form of or who is personally known to be the person described in
and who executed the foregoing, and that he acknowledged before me that he executed the
same.
Witness my hand and official seal this day of , 200-I-�
otary Pubic
.. .t:Hr nye.,
TRACY MCGRAW DURRANCE
Notary Public-State of Florida
: •= My Comm.Expires Apr 21, 2017
* I,1'�I''I a e
Commission#FF 001045
,,, Bonded Through National Notary Assn.
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Page 4—ARWA Investments, LLC
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EXHIBIT "A"
PROPERTY DESCRIPTION
Owners:
ARWA Investments, LLC - Rajab K. Abukhadrah
Description:
MINNEOLA, CHELSEA PARC SUB TRACT B, Plat Book 37, Page 34, ORB 3533 PG
737.
Containing 0.86 acres more or less.
Lake County Alternate Key Numbers:
3747518
Page 5—ARWA Investments, LLC
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