Contract 2019-31A WATER, WASTEWATER & REUSE SERVICE AGREEMENT
This document constitutes an agreement between the City of Clermont, herein referred to as
CITY, a Florida Municipal Corporation, Clonts Groves, Inc., a Florida Corporation and its
successors or assigns, herein referred to as OWNER and Olympus Sports and Entertainment
Group, LLC, and its successors and assigns, herein referred to as DEVELOPER.
WITNESSETH
Whereas, OWNER owns approximately 247.37 +/- acres of 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, sewer and reuse/irrigation water service ("Service") from the CITY; and
Whereas, OWNER has agreed to sell the Property for future development to DEVELOPER; and
Whereas, upon completion of the sales transaction, the DEVELOPER, is proposing to develop a
mixed-use project consisting of 247.37 +/- acres; and
Whereas, as a condition of CITY providing said Service to the Property, DEVELOPER shall
extend Service 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 to meet the flow demands for the improvements to be constructed on the Property;
and
Whereas, it is anticipated that the lines and appurtenances referred to above, may also be
available for other property owners or developers that will use any capacity from the
improvements (the`Benefitted Property Owners"); and
Whereas, to the extent that the above-referenced lines and appurtenances create additional
transmission service capacity the CITY agrees to participate and facilitate an agreement with the
DEVELOPER or a community development district incorporating the Property (hereinafter
referred to as the "CDD") and the Benefitted Property Owners, for purposes of reimbursement
from and/or proportionate share payments from the Benefitted Property Owners to the
DEVELOPER for construction of the improvements; and
Whereas, as a condition of the provision of Services 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, DEVELOPER and CITY are entering into this Agreement to set forth the
terms and conditions under which water and sewer service shall be provided, 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/REUSE — Each and all of the foregoing premises are
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incorporated into and constitute a part of this Agreement.
1.1 CITY shall provide Services for the Property.
1.2 OWNER, DEVELOPER OR CDD shall connect to the existing City system at connection
point or points as mutually agreed to by the parties.
1.3 The route of any off site lines shall be according to engineering plans produced by
DEVELOPER and approved by the CITY.
1.4 The DEVELOPER or the CDD 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. To the extent that any such
facilities, lines and appurtenances constructed by DEVELOPER or the CDD shall provide
an opportunity to CITY for CITY to connect additional water, sewer and/or reuse
customers to CITY's existing system, the parties agree to negotiate a future agreement
that would enable the DEVELOPER or CDD to recover a portion of the expenses from
future customers connecting to the facilities, lines and appurtenances constructed by
DEVELOPER of the CDD. The agreement shall be referred to as a Proportionate Share
Contribution Agreement, with each Benefitted Parties' contribution being determined
based on its expected use of the water and sewer service, and may contain such other
terms related to the proposed development as the parties may agree are reasonable and
necessary for the development of the project consistent with and as generally described in
Section 2 below.
1.5 CITY recognizes that based on the initial plans for the development of the Property it is
anticipated that DEVELOPER will construct,or caused to be constructed, certain water
and sewer improvements that will result in the creation of additional transmission
capacity for CITY's water and sewer system to serve the Benefitted Property Owners.
Contemporaneously with the approval by the CITY of plans in such sufficient detail as
the CITY can determine the extent of the additional transmission capacity created
hereunder, CITY and DEVELOPER agree that they will enter into a reimbursement
agreement utilizing the transmission portion of future water and sewer impact fee credits
equal to TWENTY-EIGHT PERCENT (28%) of the total water and sewer impact fee as
determined at the time of building permit application in accordance with the CITY's then
current Impact Fee Ordinance.
1.6 The DEVELOPER or CDD shall be responsible for the construction of all required on
site and off site lines and appurtenances to serve the project and as set forth in the
approved plans for the project. No building permits shall be issued until Services are
provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to
guarantee completion of improvements. No Certificate of Occupancy shall be issued until
Service extensions have been completed and accepted by the CITY.
1.7 The DEVELOPER or CDD shall be responsible for all costs of on site and off site
improvements, including but not limited to design, material, easement or property
acquisition, permitting and installation or construction of sufficient size lines, lift stations
and other appurtenances necessary to allow the CITY to serve the Property.
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1.8 As part of the anticipated agreements related to reimbursement through impact fee credits
by CITY or proportionate share contribution from the Benefitted Properties the
DEVELOPER or the CDD shall provide in advance to the CITY a cost estimate for the
improvements. The cost estimate or estimates shall be a contractors bid amount as
certified by DEVELOPER's or the CDD's project engineer and reviewed and approved
by CITY, hereinafter the "Cost of Improvements". The Cost of Improvements may
include design fees, survey engineering fees, easement acquisition costs (not including
attorney fees) and estimated construction costs. In any of the referenced agreements
wherein the CITY shall be participating through impact fee credits the CITY's
contribution shall be limited to and not exceed, the applicable percentage of the total
agreed upon Cost of Improvements, not including the cost of improvements required to
serve the Project as determined by the CITY Land Development Code.
1.9 The Impact Fee Credits contemplated herein to be implemented by a future agreement,
shall be established subject hereto and at the time of issuance of each building permit by
applying the then current dollar amount of the impact fee, which shall be deducted from
the Impact Fee Credit balance until all credit is used. In no event shall DEVELOPER or
the CDD be entitled to Impact Fee Credits related to treatment capacity for the CITY's
water and sewer system.
1.10 Upon prior notice to CITY, Impact Fee Credits may be transferred to any development
within the Wellness Way area and within the CITY's water and sewer servie area.
Section 2. DEVELOPMENT STANDARDS
The project shall be developed according to the CITY Land Development Regulations unless
otherwise stipulated in this Agreement and within the City of Clermont water and sewer utility
service area or as may be amended in accordance with the CITY Code. This agreement is based
upon the anticipation that the site will be developed with 530 dwelling units, 120,393 square feet
of office space, 161,163 square feet of retail space, 345,283 square feet of medical office space,
and 537 hotel rooms
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 Property and shall constitute an irrevocable application by the OWNER to
annex the property described in Exhibit 'A', which right to annex the City may exercise at any
time. The Notice of Encumbrance shall be executed by all owners of the real property described
in Exhibit "A" and shall be accompanied, at DEVELOPER'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 Property. Prior to the completion of the Annexation any
transfers of ownership of the Property 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.
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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 Clonts Groves, Inc.
City Manager W. Rex Clonts,Jr.,President
P.O. Box 120219 1001 Geneva Drive
Clermont, Fl 34712-0219 Oviedo, FL 32765
Copy to: Copy to:
Daniel F Mantzaris, Esq. Cecelia Bonifay, Esq.
City Attorney Attorney for Clonts Grove, Inc.
City of Clermont, Florida Akerman, LLP
332 N. Magnolia Avenue 470 S. Orange Ave
Orlando, FL 32801 Orlando, FL 32801
Facsimile No.: (407)992-3541 Facsimile No.:
DEVELOPER
Olympus Sports&Entertainment Group, Inc.
Attention: Michael J. Carroll, Sr.,Manager
1520 Blue Grass Boulevard
Deland, FL 32724
Facsimile No.:
Copy to:
Shuns&Bowen LLP
Attention: Daniel T. O'Keefe, Esq.
300 S. Orange Avenue, Suite 1600
Orlando, FL 32801
Facsimile No.: (407) 835-6956
Section 7. CHOICE OF LAW AND VENUE.
Florida law shall govern the interpretation and enforcement of this Agreement. In any action or
proceeding required to enforce or interpret the terms of this Agreement, venue shall be in Lake
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County, Florida.
Section 8. CONSTRUCTION OF THE AGREEMENT.
This Agreement is the result of negotiations among the Parties, such that the Parties have
contributed substantially and materially to the preparation of this Agreement. Accordingly, this
Agreement shall not be construed more strictly against one Party than against another Party.
Section 9. CAPTIONS.
The headings or captions for the Paragraphs and Subparagraphs contained in this Agreement are
used for convenience and reference only, and do not, in themselves, have any legal significance.
Section 10. COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original, but all of which, taken together, shall constitute one and the same document.
Section 11. NO WAIVER OF REGULATORY AUTHORITY. The OWNER and
DEVELOPER acknowledge that nothing in this Agreement constitutes or is intended to operate
as a waiver of the CITY's regulatory authority or the application of any applicable laws, rules or
regulations. Furthermore, nothing in this Agreement operates to vest development of the
Property, except, as specifically provided herein.
Section 12. PUBLIC RECORDS. The DEVELOPER shall allow public access to all
documents, papers, letters or other materials subject to the provisions of Section 119.0701,
Florida Statutes, and which have been made or received by the Developer in conjunction with
this Agreement.
Section 13. DISCLAIMER OF THIRD PARTY BENEFICIARIES. No right or cause of
action shall accrue upon or by reason of this Agreement, to or for the benefit of any third party
not a formal party hereto, except any successors in interest of the Developer or the City.
Section 14. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Section 15. ASSIGNMENT. The terms and conditions contained herein may be assigned by the
OWNER and/or DEVELOPER to a community development district created in accordance with
applicable Law by the City of Clermont.
{Remainder of Page Intentionally Left Blank)
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Section 16. EFFECTIVE DATE
The effective date of this agreement shall be the date that the last party to executes it as set forth
below.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below.
I till"
DATED this 1 day of N , 2019.
CITY OF CLERMONT
ATTEST.
or•-/ 1.�
Gail L Ash, Mayor Tracy Ackroyd Howe, City Clerk
Date: ('nCLLt �}. 201
OWNER
•
W. Rex Clonts, , P esident
Date: /,` ';W
STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared W. Rex Clonts, Jr., as
President of Clonts Groves, Inc., 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 t ii:,_ , 2019.
y
MYP
DANIEL F.MANWIS N MITIFFEl�
* *MY COMMISSION M FF 982157
'40 o4* EXPIRES:July 2,2020
bE n Bonded Thu Budget Nobly Santee
{Signatures Continued on Next Page}
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DEVELOPER
/1.,e;10101
•-c ae J. Ca••, Manager
Date: Sirl/.
STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take acknowledgments, personally appeared Michael J. Carroll, Sr., as President of
Olympus Sports & Entertainment Group, Inc. 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.
It
Witness my hand and official seal this I 1 day of 6 , 2019_.
•
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#16 a kV COMMISSION./FF
4#, / EXPIRES:.kMy 2.2020
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Exhibit"A"to
Water, Wastewater&Reuse Agreement
Legal Description:
ALL OF TRACTS 47, 50, 51, 52, 53, 59, 60, 61, 62, AND 63, A PORTION OF TRACTS 33,
34, 35, 41, 45, 46, 48, 49, 54, 55, 58 AND 64, A PORTION OF THAT CERTAIN UN-
IMPROVED 30.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 41, 44-
46, 48 AND THOSE CERTAIN UN-IMPROVED 30.00 FOOT PLATTED RIGHT OF WAYS
LYING SOUTH OF TRACT 47 AND WEST OF TRACTS 52 AND 61, THAT CERTAIN UN-
IMPROVED 15.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 59 - 63
AND A PORTION OF THAT CERTAIN UN-IMPROVED 15.00 FOOT PLATTED RIGHT OF
WAY LYING SOUTH OF TRACT 58 AND EAST OF U.S. HIGHWAY 27, ALSO A
PORTION OF SAID RIGHT OF WAY LYING SOUTH OF TRACT 64 AND WEST OF
SCHOFIELD ROAD; SAID TRACTS AND UN-IMPROVED RIGHTS OF WAY LYING
WITHIN THE PLAT OF MONTE VISTA PARK FARMS, AS RECORDED IN PLAT BOOK
2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING EAST OF US
HIGHWAY 27, SOUTH AND WEST OF SCHOFIELD ROAD IN SECTION 21 TOWNSHIP
23 SOUTH, RANGE 26 EAST.
TOGETHER WITH:
A PORTION OF THE NORTH 1/2 OF SECTION 28, TOWNSHIP 23 SOUTH, RANGE 26
EAST, LAKE COUNTY, FLORIDA, LYING EAST OF US HIGHWAY 27 AND WEST OF
SCHOFIELD ROAD.
SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 28; THENCE S89°14'48"W ALONG THE NORTH LINE OF THE NORTHEAST
1/4 OF SAID SECTION 28, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST
RIGHT OF WAY LINE OF SCHOFIELD ROAD AND THE POINT OF BEGINNING;
THENCE S00°01'04"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF
931.06 FEET; THENCE N89°42'25"W, A DISTANCE OF 1573.58 FEET TO A POINT ON A
NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 690.00
FEET, A CENTRAL ANGLE OF 37°01'49", A CHORD BEARING OF N71°09'08"W AND A
CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 445.95 FEET TO A POINT OF TANGENCY ; THENCE
N52°38'14"W, A DISTANCE OF 141.27 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL
ANGLE OF 37°11'05", A CHORD BEARING OF N71°13'47"W AND A CHORD DISTANCE
OF 133.91 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 136.29 FEET TO A POINT OF TANGENCY; THENCE N89°49'20"W, A
DISTANCE OF 402.76 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 122°26'41",
A CHORD BEARING OF N89°57'14"W AND A CHORD DISTANCE OF 157.77 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 192.34 FEET
TO A POINT OF NON TANGENCY; THENCE N90°00'00"W, A DISTANCE OF 401.32
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY,
HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 36°34'07", A CHORD
BEARING OF S71°42'56"W AND A CHORD DISTANCE OF 131.77 FEET; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 134.03 FEET TO A
POINT OF TANGENCY; THENCE S53°25'53"W, A DISTANCE OF 138.26 FEET TO A
POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 700.81 FEET, A CENTRAL ANGLE OF 36°26'20", A CHORD BEARING OF
S71°56'47"W AND A CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 445.70 FEET TO A POINT OF TANGENCY;
THENCE N89°50'03"W, A DISTANCE OF 309.89 FEET TO A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF US HIGHWAY 27 ALSO KNOWN AS STATE ROAD 25
(VARIABLE RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP FP NO. 238422 1 DATED NOVEMBER 8, 2005); THENCE RUN
ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TEN (10) COURSE
AND DISTANCES; N01°26'21"E, A DISTANCE OF 243.71 FEET; THENCE S88°33'39"E, A
DISTANCE OF 172.00 FEET; THENCE N01°26'21"E, A DISTANCE OF 130.09 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A
RADIUS OF 5426.57 FEET, A CENTRAL ANGLE OF 03°25'59", A CHORD BEARING OF
NO3°09'20"E AND A CHORD DISTANCE OF 325.11 FEET; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 325.16 FEET TO THE END OF
SAID CURVE; THENCE N89°59'56"W, A DISTANCE OF 172.60 FEET TO A POINT ON A
NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5598.79 FEET,
A CENTRAL ANGLE OF 10°19'04", A CHORD BEARING OF N09°52'52"E AND A CHORD
DISTANCE OF 1006.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 1008.24 FEET TO THE END OF SAID CURVE; THENCE
S74°57'37"E, A DISTANCE OF 10.00 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 5588.79 FEET, A CENTRAL ANGLE OF
05°31'44", A CHORD BEARING OF N17°48'16"E AND A CHORD DISTANCE OF 539.10
FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
539.31 FEET TO THE END OF SAID CURVE; THENCE S69°25'52"E, A DISTANCE OF
9.78 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 5579.01 FEET, A CENTRAL ANGLE OF 02°25'19", A CHORD
BEARING OF N21°46'48"E AND A CHORD DISTANCE OF 235.82 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 235.84 FEET TO
THE END OF SAID CURVE; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY
LINE RUN S67°38'24"E, A DISTANCE OF 469.15 FEET; THENCE S89°50'54"E, A
DISTANCE OF 664.70 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 120°00'00",
A CHORD BEARING OF S89°52'26"E AND A CHORD DISTANCE OF 155.88 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 188.50 FEET
TO THE END OF SAID CURVE; THENCE S89°54'20"E, A DISTANCE OF 724.09 FEET;
THENCE NOO°06'56"E, A DISTANCE OF 771.53 FEET; THENCE S89°53'03"E, A
DISTANCE OF 297.15 FEET; THENCE N44°56'39"E, A DISTANCE OF 56.40 FEET;
THENCE N00°13'39"W, A DISTANCE OF 433.99 FEET TO THE SOUTH RIGHT OF WAY
LINE SCHOFIELD ROAD; THENCE RUN EASTERLY AND SOUTHERLY ALONG SAID
RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: THENCE N89°30'42"E, A
DISTANCE OF 1304.07 FEET; THENCE S50°10'00"E, A DISTANCE OF 102.97 FEET;
THENCE S00°23'52"W, A DISTANCE OF 2510.57 FEET TO THE POINT OF BEGINNING.
CONTAINING: 10,612,604 SQUARE FEET OR 243.63 ACRES MORE OR LESS.