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2017-122 INSTRUMENT#2017133662 OR BK 5040 PG 2143-2152 (10 PGS) eit i of etetmont DATE: 12/14/2017 3:47:04 PM n4 645 w.-tco„ttiawc St NEIL KELLY, CLERK OF THE CIRCUIT COURT eftvnunt,5k34711 LAKE COUNTY ce..1— _,____ UTILITY SERVICE AGREEMENT RECORDING FEES 586.50 FOR WATER & WASTEWATER r�RA This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Andoc, LLC. and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for an office establishment a Veterinarian Clinic, with up to 8,500 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 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. 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 -Andoc, 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 Irrigation shall be provided by a private well. 1.9 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. 1.10 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 1.12 and 1.13 from the CITY in the form of Impact Fee Credits. 1.13 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. 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. 1.16 The City may require a looped system to provide reliability and redundancy to the property. 1.17 Parking of any vehicles outside the paved parking areas, or in any landscape buffers shall not be permitted. Page 2—Andoc, Utility Service Agreement for Water & Wastewater 1.18 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). 1.19 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. 1.20 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.21 The Agreement shall be for commercial utility flow/demand for water at 1,725 gpd and sewer is 1,725 gpd, based on an annual average. Section 2. DEVELOPMENT STANDARDS 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. 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". 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: Page 3—Andoc, Utility Service Agreement for Water& Wastewater CITY OWNER City of Clermont Andoc LLC. City Manager 731 East Highway 50 P.O. Box 120219 Clermont, FL 32808 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, C)ty Manager auth rized t �exx cute same by City Council action, and OWNER through / -tjy dr' L� // -, �� . 71� DATED this /'y day of Wi/e // , 2017. CITY OF CLERMONT ATTEST: Gail L. Ash, Mayo Tracy Ackroyd, City Clerk . • OWNER: Andoc LLC. Title: f r S t d C r1 Signature (�), I l �,�-. 6eJe- Print Name Page 4 —Andoc, Utility Service Agreement for Water &Wastewater STATE OF Ft O/1/Di COUNTY OF LfJKC' The foregoing instrument was acknowledged before me on this 2/ day of /S701/ , 2017, by L✓l LL/ii-,v1 G!✓I LE✓L , who is (personally know)to me or who has produced AVA as identification and who did not take an oath. 4oNotary Public R17A A. CO •�= Notar OMFR A �� /� �,���� ? �. , y Public-State of F)orida Type/print name ( / ' ��' ; Commission +~GG 020718 f:::::::::: ,,f'�,,r My Comm Exprres Aug 11,20 �"" ""� Bonded rhr 20 ougn Ndronai Notary Assn. Page 5-Andoc, Utility Service Agreement for Water&Wastewater EXHIBIT "A" PROPERTY DESCRIPTION Owners: Andoc, LLC. Description: PINE VALLEY INDUSTRIAL PARK LOTS 8, 9 PB 29 PG 70 ORB 5001 PG 1231 Lake County Alternate Key Numbers: 3304667 Page 6—Andoc, 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 27th day of November 2017, between Andoc 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 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: Page 7—Andoc, Utility Service Agreement for Water&Wastewater 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. PROPERTY OWNER(S): WITNESSES (Two required): Andoc LLC. Witnesses By: 1. /�✓�f i! Signature Signature • Will 4 CieJe — Type or print name Type or print name By: 2. Q Signature Sig re CiDIAILZ 3e r vit.-WA- cm/1%43y Type or print name Type or print name STATE OF rL O2 l h/9 COUNTY OF l -gE Thei®regoing instrument was acknowledged before me on this 2 / day of V• , 2017, by Wit-L t ftfri 6E/L. , who is ( rsona1ly s known to moor who has produced Kl/h identification and w o did not take an oath. Ruaa Notary Public44- iv,,....i. Notary Public -1st,rrt w, ;; .v Commission p , as �j� 'vF �� o: My GG 020, t8 l i 79 19 ' aQv c `;;%%;,°Q`'�� edmm.Expires Aug 11.2020 Type/print name Bonded through National Notary Assn 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 8—Andoc, Utility Service Agreement for Water&Wastewater EXHIBIT "C" DIMENSION PLAN Andoc LLC Site Plan: 11'1. :.111:, 61 A MI I_?- TALE L Z_ . . �L.. • • ': i I a.. . ... - .1 Ne t a 6 �( 112 1 L-I 1E411 co it aa; I j 1 •fin. •,n.., -! 1 fT...""7 - s E r . t l I .1 J . '1 !I . : I I i§:,,, I I 111111 , I.Ttl•Il+;; ..•:.r -I e't III , `t" 1-is::: 1 J _ _•__.. i I CONCEPT 1 PRELIMINARY NOT FOR caIsmucnorl OR AGENCY PfRMAT1WG 10-17-17 � Page 9—Andoc, Utility Service Agreement for Water&Wastewater I EXHIBIT "D" LOCATION MAP Andoc LLC. Aerial view: ,. 1 - latfrir iidko_ , , kiwi ' ' %,,t451:.. .v , 1 • . \ : "-i 11.--•:'LA:Adsielt.L.F1' .. 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