Resolution No. 2019-05R C�R• CITY OF CLERMONT
d RESOLUTION NO. 2019-05R
ChaceA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
AGREEMENT BETWEEN LENNAR HOMES, LLC AND THE CITY OF
CLERMONT AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida, that:
SECTION 1.
The City Council does hereby approve the acceptance of the Agreement for Construction of
Water Main, Reuse Main and Force Main between Lennar Homes, LLC and the City of
Clermont regarding Heritage Hills — Parcel H/Phase 7, subject to the conditions contained in the
agreement as incorporated and attached hereto.
SECTION 2.
This Resolution shall take effect immediately upon its adoption.
1
d`.
CITY OF CLERMONT
CLR •NT RESOLUTION NO. 2019-05R
ChwcedChrppn
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8th day of January, 2019.
CITY OF CLERMONT
Gai'. Ash, Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
11WP'0i
Dan e`�"•antzaris ity Attorney
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Kathleen Stangle
Broad and Cassel
390 North Orange Avenue,Suite 1400
Orlando,Florida 32801
AGREEMENT
FOR
CONSTRUCTION OF WATER MAIN, REUSE MAIN AND FORCE MAIN
(Heritage Hills— Parcel H/Phase 7)
This Agreement entered into and made as of the� day of 1 fUG,',, 20143 (the "Effective
Date"), by and between the CITY OF CLERMONT, FLORIDA (hereinafter referred to as the
"CITY"), and LENNAR HOMES, LLC, a Florida limited liability company (hereinafter referred
to as "LENNAR").
WITNESSETH
WHEREAS, LENNAR is the owner and developer of the portion of the Heritage Hills
subdivision known as Parcel H/Phase 7, lying within the municipal boundaries of the City of
Clermont, as generally depicted in Exhibit "A," attached hereto and incorporated herein by
reference (the"Property"); and
WHEREAS, in connection with its approval of LENNAR'S development of the
Property, the CITY is requiring LENNAR to construct certain utility improvements, including
certain additional utility improvements necessary for the City's Master Utility Plan, all as set
forth on Exhibit "B," attached hereto and incorporated herein by reference (the
"Improvements"); and
WHEREAS, the construction of the Improvements will benefit both the CITY and
LENNAR, and the CITY is willing to allow LENNAR to construct the Improvements, provided
LENNAR agrees to pay the expenses related to the construction as they are incurred; and
WHEREAS, the CITY agrees to reimburse LENNAR for the costs to construct
Improvements, in accordance with the terms and conditions as further set forth herein.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the CITY and LENNAR agree as follows:
SECTION 1. RECITALS.
The above recitals are true and correct and form a material part of this Agreement.
4836-2876-6766.449418,0008
SECTION 2. CONSTRUCTION OF IMPROVEMENTS.
The CITY hereby agrees to permit LENNAR to construct the Improvements on the
following basis:
A. Plans and Specifications. Booth, Ern, Straughan & Hiott, Inc. ("BESH") has
prepared, on behalf of LENNAR, Plans and Specifications for the Property which are more
specifically described on Exhibit"B" (the"Plans"). The Plans are expressly incorporated herein
and made a part hereof by reference. LENNAR has constructed, or cause to be constructed, the
Improvements set forth in the Plans in accordance with all terms and conditions of the Plans,
including but not limited to, the construction timetable, testing, and insurance requirements.
LENNAR, at its sole expense, has obtained all required regulatory and governmental approvals
and permits which are necessary in order to construct the Improvements in accordance with the
Plans.
B. Construction Contract. LENNAR is responsible to negotiate, select and enter
into a contract with a qualified contractor for the construction of the Improvements based on the
Plans. Prior to commencement of construction of the Improvements, the CITY will cause its
engineers to certify the Plans to LENNAR.
C. Reimbursement. LENNAR has constructed said Improvements described above,
and the CITY agrees to reimburse LENNAR,based upon LENNAR's actual cost. The estimated
amount of the Improvements is more particularly set forth in Exhibit "B" (the "Improvement
Costs"). The CITY hereby acknowledges and agrees that the Improvement Costs have been
determined based on the Plans, but excludes unknown costs that may be necessary to complete
construction of the Improvements, and that LENNAR shall be reimbursed based upon the total
amount of all actual Improvement Costs which are incurred by LENNAR. Upon receipt of
invoices from its contractor, LENNAR shall submit to the CITY a copy of the invoice for
review. LENNAR shall be entitled to non-cash reimbursements for the costs of the
Improvements as set forth in Exhibit "C," attached hereto and incorporated herein by reference,
subject to the following.
D. Non-Cash Reimbursements. With respect to non-cash reimbursements,
LENNAR's right to such reimbursement in the form of impact fee credits or otherwise, shall vest
upon LENNAR's completing the Improvements to which the non-cash reimbursement applies in
accordance with the Plans and providing evidence to the CITY that all costs associated with such
Improvements have been paid in full. The CITY hereby agrees that (a) LENNAR may use the
sewer, water and reuse impact fee credits granted by this Agreement in any other project within
the CITY's service area, and (b) that the sewer, water and reuse impact fee credits granted by
this Agreement may be assigned or transferred, in whole or in part,by LENNAR to third parties.
In consideration of the obligations undertaken by LENNAR in this Agreement, all sewer, water
and reuse impact fee credits earned herein shall be applied toward the CITY's sewer, water and
reuse fees, according to the rates charges in its current impact fee schedule in effect as of the
Effective Date of this Agreement.
4836-2876.6766.449418'0008
SECTION 3. CURATIVE PERIODS. No default as to any provision of this
Agreement on the part of either the CITY or LENNAR shall be claimed or charged by either
party against the other until notice thereof has been given to the defaulting party in writing, and
such default remains uncured for a period of thirty(30) days after such notice. Each party hereto
shall have the right to seek specific performance in circuit court for any uncured defaults as to
any provision of this Agreement. In addition thereto, the CITY shall, in the event of LENNAR's
uncured default hereunder, the CITY may act to complete the construction of the Improvements,
including contracting directly with LENNAR's contractor, performing the work itself or
contracting with a third party. In such event, LENNAR shall not be relieved of any liability it
may have with regard to its default hereunder.
SECTION 4. HOLD HARMLESS AGREEMENT. LENNAR hereby agrees to
and shall hold the CITY, its elected and appointed boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for damages for personal injury,
including death, as well as claims for property damage which may arise solely in connection with
the construction activities of LENNAR, or its respective contractors, agents or employees in
installing the Improvements. LENNAR shall have no obligation to indemnify the CITY with
respect to design defects or any failure of the Improvements to operate properly, provided the
Improvements are constructed in accordance with the Plans. Nothing herein shall be interpreted,
construed as or deemed a waiver of any sovereign immunity that the CITY may enjoy.
SECTION 5. DURATION OF AGREEMENT. The duration of this Agreement
shall commence upon the Effective Date and shall end on such date as LENNAR receives
reimbursement for all the costs is has incurred in connection with the construction of the
Improvements.
SECTION 6. COOPERATION IN TH EVENT OF LEGAL CHALLENGES. In
the event of any legal action instituted by a third party or other governmental entity or official
challenging the validity of any provisions of this Agreement, the parties hereby agree to
cooperate in defending such action.
SECTION 7. NOTICES. Where notice is herein required to be given, it shall be by
certified mail return receipt requested, addressee only, hand delivery, or by courier. Said notice
shall be sent to the following as applicable:
LENNAR:
Lennar Homes,LLC
6750 Forum Drive, Suite 310
Orlando, Florida 32810
Attention: Brock Nicholas
Telephone: (407)586-4007
4876-2876-6766.449418/0008
CITY:
City of Clermont, Florida
685 W. Montrose Street—3`d Floor
Clermont,Florida 34711
Attn: Dennis Westrict
Phone: 352-241-0178
Should any party identified above change, it shall be said party's obligation to notify the
remaining parties of the change in a fashion as required for notices herein.
SECTION 8. TIME IS OF THE ESSENCE. Time is hereby declared of the
essence as to the lawful performance of all duties and obligations set forth in this Agreement.
SECTION 9. AGREEMENT TO BE BINDING. This Agreement shall be binding
upon the CITY and LENNAR and their successors and assigns in title in interest.
SECTION 10. ENTIRE AGREEMENT/CONTINUING EFFECT/EFFECT
UPON OTHER AGREEMENTS.
A. This Agreement constitutes the entire agreement between the parties as to the
matters set forth herein and supersedes all previous understandings, discussions and agreements
to the contrary as to all matters set forth herein whether oral,expressed or implied.
B. No variations, modifications, amendments or changes shall be binding upon the
parties unless set forth in a written agreement executed by all parties or equal dignity herewith.
SECTION 11. NON WAIVER. No consent or waiver, expressed or implied by either
party, to or of any breach or default of the other party, with regard to the performance by said
other party of its obligations under this Agreement, shall be deemed or construed to constitute
consent or wavier, to or of, any other breach or default in the performance of that party, or the
same or of any other objection of performance incumbent upon that party. Failure on the part of
any party to complain of any act or failure to act on the part of the other party in default,
irrespective of how long the failure continues, shall not constitute a waiver by the party of its
rights and any remedies that exist under this Agreement, at law,or in equity.
SECTION 12. GOVERNING LAW: VENUE. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida. The venue for purposes of
litigation shall be the Fifth Judicial Circuit in Lake County,Florida.
SECTION 13. CITY's OBLIGATIONS. This Agreement shall not be deemed to
pledge the credit of the CITY nor to make the CITY a co-venturer or partner of LENNAR.
SECTION 14. CONSTRUCTION. This Agreement shall not be construed against
any party on the basis of it being the drafter of the Agreement. The parties agree that the parties
herein played an equal part in reciprocity in drafting this Agreement.
4836.28765766.449418/0008
A. Capitalized terms contained herein shall have not more force nor effect than
uncapitalized terms.
B. Captions and section headings in this Agreement are provided for convenience
only and shall not be deemed to explain, modify, amplify or aid in the interpretation construction
or meaning of this Agreement.
C. There are no third-party beneficiaries to this Agreement. This Agreement is
entered into exclusively for the benefit of the parties herein.
SECTION 15. FURTHER ASSURANCES. Each party hereto agrees to sign any
other and further instruments and documents, consistent herewith as may be necessary and
proper in order to give complete effect to the benefits deriving from the terms and conditions of
this Agreement.
SECTION 16. SEVERABILITY. If any party of this Agreement is found in valid or
unenforceable in any court, such invalidity or unenforceability shall not affect the other parts of
that Agreement, if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can be affected. To that end, this Agreement is
declared severable.
[The Remainder of This Page Is Intentionally Left Blank.]
4836-2676-6766.4494180001
IN WITNESS WHEREOF, LENNAR and the CITY have executed this Agreement as
of the date and year first written above.
Signed, Sealed and Delivered
In the Presence of:
LENNAR HOMES, LLC.
a Florida limited liability company
By:
Signature of Witness
Printed Name: Printed Name:
Title:
Signature of Witness
Printed Name: Date:
Approved as to form and
Legality for use and reliance by
the City of Clermont, Florida CITY OF CLERMONT, FLORIDA
ail Ash, Mayor
ATTE`T:
By: P
Tracy Ackroyd Howe, City Clerk
•
•
4836.2876.6766.4494180008
IN WITNESS WHEREOF, LENNAR and the CITY have executed this Agreement as
of the date and year first written above.
Signed, Sealed and Delivered
In the Presence of:
LENNAR HOMES, LLC.
a Florida limited liability company
By:
ignature of Witness
Printed Name: (), (u,�z r� Printed Name: goo QON,N
Title: v ,r.Led At rid-
Signa
jvCt46vAL
of Witnes
Printed Name: � J(lY Date: /-2,r4 f
Approved as to form and
Legality for use and reliance by
the City of Clermont,Florida CITY OF CLERMONT, FLORIDA
By: dr—#
ail Ash,Mayor
ATTE T:
By.
1‘11/* /
J
Tracy Ackroyd Howe, City Clerk
4836-7876.6766.449418%0008
EXHIBIT A
HERITAGE HILLS
PARCEL H/PHASE 7
DESCRIP110N
THAT PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2464, PAGES 599 THROUGH 601 PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA AND LYING IN SECTION 2, TOWNSHIP 23 SOUTH, RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 4" X 4' CONCRETE MONUMENT STAMPED P.R.M. LB 7514 AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF SAID SECTION 2 AS SHOWN ON THE PLAT OF HERITAGE HILLS PHASE 6A AS RECORDED IN PLAT BOOK 66, PAGES 21 THROUGH 24, OF
1HE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA; THENCE RUN ON A BEARING RELATED TO FLORIDA STATE PLANE COORDINATE SYSTEM, EAST
ZONE, S8937'381 ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4, FOR 942.99 FEET TO THE POINT OF BEGINNING,
THENCE CONTINUE S8937'38'E ALONG SAID NORTH LINE FOR 31.41 FEET; THENCE DEPARTING SAID NORTH UNE. 53615'27'E FOR 34.19 FEET TO
THE NORTH UNE OF PROPOSED JOHNS LAKE CONSERVATION EASEMENT; THENCE ALONG SAID NORTH UNE OF JOHNS LAKE CONSERVATION
EASEMENT THE FOLLOWING TWENTY-FIVE (25) COURSES N8717'25'E FOR 101.71 FEET; THENCE S7139'501 FOR OF 60.52 FEET; THENCE
S67'58'49'E FOR 28.66 FEET; THENCE S7341'35'E FOR 58.39 FEET; THENCE 581'4710"E FOR 82.45 FEET: THENCE N88'06'281 FOR 83.30 FEET;
THENCE 57114'13"E FOR 143.84 FEET; THENCE 58510'50"E FOR 77.70 FEET; THENCE N8610'14`E FOR 45.46 FEET; THENCE N7332'36'E FOR
122.64 FEET; THENCE S65'37'381 FOR 60.92 FEET; 'THENCE S16O3'44'E FOR 105.63 FEET; THENCE S64'39'301 FOR 30.97 FEET; THENCE
S81116'40'E FOR 142.22 FEET; THENCE N8011'48'E FOR 65.28 FEET; THENCE S71'40'04"E FOR 174.53 FEET; THENCE NOS-25'24'E FOR 65.37
FEET; THENCE S6733'50'E FOR 30.13 FEET; THENCE N641)4'11'E FOR 86.29 FEET; THENCE N7914'171 FOR 43.51 FEET; THENCE 176'47'597
FOR 26.61 FEET; THENCE N70'25'061 FOR 37.40 FEET; THENCE S70'03'09'E FOR 44.75 FEET; THENCE N631813'E FOR 77.54 FEET TO THE
EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 2; THENCE SO0'23'46'W ALONG SAID EAST LINE FOR 1,077.93 FEET TO THE NORTHERLY RIGHT
OF WAY LINE FOR HARTNOOD MARSH ROAD (AN 80.00 FOOT WIDE RIGHT OF WAY) AS RECORDED IN OFFICIAL RECORDS BOOK 1299. PAGES 1951
AND 1952, OF THE PUBUC RECORDS OF LAKE COUNTY, FLORIDA; THENCE N8932'50"W ALONG SAID NORTHERLY RIGHT OF WAY UNE FOR 667.17
FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN 170.000 FOOT WIDE FLORIDA POWER CORPORATION EASEMENT(NO DOCUMENTATION
AVAILABLE); THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, N4922'10'W ALONG SAID NORTHEASTERLY EASEMENT LINE FOR 746.55
FEET TO A POINT ON A NON TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1635.41 FEET; THENCE DEPARTING SAID
NORTHEASTERLY LINE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, FROM A RADIAL LINE WHICH BEARS N7534'41'E, THROUGH A CENTRAL
ANGLE OF 07'53'30' FOR A DISTANCE OF 225.25 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'50'52' FOR A
DISTANCE OF 10.21 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4056.38
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'46'02' FOR A DISTANCE OF 337.50 FEET TO
A POINT OF NON TANGENT; THENCE N3615'2TW FOR 365.31 FEET 10 THE POINT OF BEGINNING.
CONTAINING 30.85 ACRES MORE OR LESS.
4836-2876-6766.449418+0008
EXHIBIT B
DESCRIPTION OF THE PLANS AND SPECIFICATIONS FOR THE
IMPROVEMENTS TO BE INSTALLED
Plan Set Name: Construction Drawings for Innovation at Hidden Lake
(Heritage Hills Phase 7)
Engineering Firm: Booth, Em, Straughan &Hiott, Inc.
Dated: August 2016
4836-28766766 449478,0008
EXHIBIT C
OVERSIZING MATERIALS IMPROVEMENT COST FOR IMPACT FEE CREDITS
INNOVATION @ HIDDEN LAKE A.K.A.HERITAGE HILLS PH-7
BLUE OX ENTERPRISES,LLC
r- __,-_
OVERSIZED MATERIALS INSTALLED
!DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
WATER MATERIALS INSTALLED
17 DIP 190 LF. $22.55 $4,284.50 -11
17 PVC 2,472 LF. $13.33 $32,951.78 c
12'G.V. 10 EA $1,490.00 $14,900.00
12'45 34 EA. $132.00 $4,488.00
12"22 8 EA. $118.00 $928.00
12'11 8 EA. $110.00 $ 0.00
17 TEE 3 _ EA. $222.00 $888.00
12'PLUG 2 EA. $75.00 $150.00
IT MEGA 110 EA. $89.00 $7,590.00
12'REST 50 EA $106.00 $5,300.00
17 REST DIP 21 EA. $170.00 $3,570.00
12X8 RED 2 EA. $78.00 $152.00
L
WATER MATERIALS INSTALLED SUBTOTAL, $75,640.28 y
REUSE MATERIALS INSTALLED
,18'DIP B00 LE. $38.09 $22,854.00
17 DIP 279 L.F. $22.55 $8,291.45
12'PVC 1,900 LF. $13.33 $26,528.70
18"G.V. 3 EA. $4.099.00 $12,297.00
2'G.V. 6 EA. _ $1,600.00 $9,000.00
6'CROSS 1 EA. $860.00 $850.00 J
18X12 RED 1 EA. $250.00 $260.00
16X8 RED 1 EA _ $180.00 $190.00
12X8 RED 1 EA $76.00 $78.00
18'11 1 EA. $190.00 ` $190.00
12'TEE 1 EA. $222.00 $222.00
12'45 9
12'22 8 $132.00 $1,188.00
EA. $118.00 $928.00
1711 8 EA $110.00 $880.00
18'PLUG 1 EA. $186.00 $186.00
12'PLUG 3 EA. $71.00 $213.00
18'MEGA 9 FA. $284.00 $2,378.00
17 MEGA 54 EA $106.00 $6,724.001
16'REST 4 EA. $284.00 $1,056.00
12'REST 20 EA $106.00 $2,120.00
REUSE MATERIALS INSTALLEDSUBTOTAL $93,218.15
OVERSIZED WATERS REUSE MATERIAL WSTALLLeD SUBTOTAL 1168,658.41
Page Iof2
4836.2876-6766 449418,0008
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DESIGN REQUIRED MATERIALS
,�:-��� Dlr I s iU111AfER �...�-,.�, �.:,—.
8�DIP 190 L.F. $14.22
-$2,701.80
8"PVC 2,472 L.F. $6.20 -$15.326.40
8'G.V. 10 EA. $807.00 48,070.00
8"45 l 34 EA. $61.00 -$2,074.00
8'22 8 EA. $80.00 -$480.00
8'11 6 EA. $60.00 5360.00
8"TEE _ 3 EA. $111.00 4333.00 II
8"PLUG 2 EA $89.00 -$13&00
"MEGA 110 EA. $39.00 -$4,290.00
"REST 50 EA. $56.00 $2,800.00
8"REST DIP 21 EA. $117.00 -$2,457.00
DESIGN REQUIRED WATER_MATERIALS SUBTOTAL .$39,030.20
DESIGN REQUIRED REUSE MATERIALS —
"DIP 879 L.F. $14.22 -$12,499.38
"PVC 1,990 LF. _ $8.20 -$12,338.00
8'G.V. 9 _ EA. $817.00 -$7,363.00
r,8'45 9 EA. $81.00 -$549.00
11822 8 EA. $60.00 -$480.00
8"11 8 Ek $54.00 -$488.00
f" 4 EA. $69.00 X278.00
"MEGA 66 EA, $39.00 42,574.00
'REST 24 EA $56.00 -$1,344.00
18"TEE 1 EA. $111.00 $111.00
DESIGN REQUIRED REUSE MATERIALS SUBTOTAL -$38,010.38
DESIGN REQUIRED WATER&REUSE MATERIALS SUBTOTAL e77,040.58
OVERSIZED MATERIAL INSTALLED SUBTOTAL $168,858.41 J
DESIGN REQUIRED MATERIALS SUBTOTAL $77,040,58
TOTAL OVERSIZED MATERIAL COST $91,817.83
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4836-2876-6766 449418.'0008