Contract 2019-88 UTILITY SERVICE AGREEMENT
FOR WATER&WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Oak Properties, LLC and any successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a Multi-family Residential Project (Clermont 111
RES)with up to 288 units, 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;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.
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
Page 1—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
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 existing utilities along State Road 50 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.
1.9 The utilities in the property shall be privately owned and maintained, but shall be
constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
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.
1.16 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.
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
Impact fees, connection fees and permitting fees.
Page 2—Oak Properties LLC,Clermont 111 RES Utility Service Agreement for Water&Wastewater
1.18 The City may require a looped system to provide reliability and redundancy to the
property.
1.19 The point of sewer connection shall be coordinated with the existing utilities on the south
side of State Road 50. The applicant will own and maintain the off-site force main from
the private lift station to the existing gravity sewer system located on the south side of
State Road 50.
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 Parking of any vehicles outside the paved parking areas, or in any landscape buffers
shall not be permitted.
1.22 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).
1.23 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.24 The Agreement shall be for commercial utility flow/demand for a Multi-family Residential
Project (Clermont 111 RES) with up to 288 units, with water at 44,352 gallons per day
(gpd) and sewer at 44,352 gpd, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed in accordance with the East Clermont Village Planned
Unit Development RZ-18-05-2 (Lake County Ordinance 2018-51), as amended.
(b) Except as may be specifically set forth and expressly stated in the East Clermont Village
Planned Unit Development RZ-18-05-2 (Lake County Ordinance 2018-51),the project
shall be developed according to City standards, unless otherwise stipulated in this
Agreement or subsequent amendments to this Agreement.
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
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
Page 3—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
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 Oak Properties, LLC
City Manager 7 Penn Plaza, Suite 618
P.O. Box 120219 New York, New York 10001
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.
Page 4—Oak Properties LLC,Clermont 111 RES Utility Service Agreement for Water&Wastewater
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 City Manager, authorized to execute same by City Council
action, and OWNER through
DATED this;214 day of ,Vnk)e-r , 2019.
CITY OF CLERMONT
ATTEST:
Ale
"Gai L. Ash, Mayor racy Ackroy. r owe, MMC, City Clerk
Approv as tofe 0. cf egalit
•
•
Daniel F. Mantzaris, City Attorney
Page 5—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
OWNER: Oak Properties, LLC , a New York limited liability company
By: Tht haritable Lead Annuity Trust A
1IJ/i51111
Louis Fell, its sole member
Title: Jeffrey J. Feil, as Truarp;p and not
Signature ` individually
Jeffrey J. Feil, as Trustee
Print Name
STATE OF i Lo o e-
COUNTY OF
The foregoinotinstrument was acknowledged before me on this 1,�day of October ,
2019, byJe :fret' J. Fell, as Trustee** , who is personally known to
me or who has produced 0. De'tU 'S LACe.( St- as identification and who
did not take an oath.
** of The Cha stable ead Annuity Trust A U/W Louis Feil, as sole member of Oak
Properties LLC, a em Y. ed liability company
Notary Public 4, 1YI/L4 lhIAIi . 'EAL:
Type/print name DONNURO
NOTARY LPUBLIC-STATE OFRIF T NEW YORK
No.01V06030688
Qualified In Queens County
My Cion Expires September 20,2021
Page 6--Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
EXHIBIT"A"
PROPERTY DESCRIPTION
Owner: Oak Properties, LLC-Clermont 111 RES
A PORTION OF TRACTS 3,4,AND 14 OF LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26,
TOWNSHIP 22 SOUTH, RANGE 26 EAST,AS RECORDED IN PLAT BOOK 3, PAGE 52,AND A PORTION OF
TRACTS 61 AND 62 OF LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23,TOWNSHIP 22 SOUTH,
RANGE 26 EAST,AS RECORDED IN PLAT BOOK 4,PAGE 11,ALL OF THE PUBLIC RECORDS OF LAKE
COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A NAIL& DISK(LB 721)MARKING THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
SAID SECTION 26;THENCE SOUTH 89°46'45" EAST,ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF
SECTION 26,A DISTANCE OF 33.00 FEET TO A 1/2"REBAR&CAP(LB 7996) MARKING THE INTERSECTION
WITH THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD NO.455(RIGHT-OF-WAY WIDTH VARIES)AND
BEING THE POINT OF BEGINNING;THENCE,LEAVING SAID NORTH LINE,NORTH 00°36'35" EAST,ALONG
SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 195.41 FEET TO A 1/2"REBAR&CAP(LB 7996);THENCE,
LEAVING SAID EAST RIGHT-OF-WAY LINE,SOUTH 89°46'45" EAST,A DISTANCE OF 1296.29 FEET TO THE
EAST LINE OF SAID TRACT 62 OF LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23;THENCE
SOUTH 00°56'24"WEST,ALONG SAID EAST LINE AND THE SOUTHERLY PROJECTION THEREOF,A
DISTANCE OF 195,42 FEET TO A 5/8"REBAR&CAP(LB 6723)ON THE NORTH LINE OF SAID NORTHEAST
1/4 OF SECTION 26;THENCE CONTINUE SOUTH 00°56'24"WEST,ALONG THE EAST LINE OF SAID TRACT 3
AND TRACT 14 OF LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26,A DISTANCE OF 960.55
FEET TO A 5/8" IRON ROD(NO IDENTIFICATION)ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD
NO.50(RIGHT-OF-WAY WIDTH VARIES);THENCE,ALONG SAID NORTH RIGHT-OF-WAY LINE THE
FOLLOWING (5)CALLS:(1) NORTH 88°38'08"WEST,A DISTANCE OF 100.41 FEET TO A 5/8" REBAR&CAP
(LB 4641);(2)SOUTH 00°52'56"WEST,A DISTANCE OF 208.02 FEET TO A 5/8"REBAR&CAP(LB 4641);
(3) NORTH 89°06'41"WEST,A DISTANCE OF 443.99 FEET TO A 1/2" REBAR&CAP(LB 7996);(4)NORTH
00°58'48" EAST,A DISTANCE OF 38.00 FEET TO A 5/8"REBAR&CAP(LB 4641);(5)NORTH 89°02'31"
WEST,A DISTANCE OF 41.98 FEET TO A 5/8" REBAR&CAP(LB 2108);THENCE, LEAVING SAID NORTH
RIGHT-OF-WAY LINE,NORTH 00°27'02" EAST,A DISTANCE OF 879.26 FEET TO A 5/8"REBAR&CAP(LB
2108);THENCE NORTH 89°48'27"WEST,A DISTANCE OF 700.05 FEET TO A NAIL&DISK(LB 7833)ON
THE EAST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO.455;THENCE NORTH 00°36'35"EAST,ALONG
SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 243.87 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE 30 FOOT WIDE UNNAMED ROAD LYING 15 FEET NORTH OF TRACTS 3 AND 4 OF
LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26,TOWNSHIP 22 SOUTH, RANGE 26 EAST,AS
RECORDED IN PLAT BOOK 3, PAGE 52 AND LYING 15 FEET SOUTH OF TRACTS 61 AND 62 OF LAKE
HIGHLANDS SUBDIVISION OF SECTION 23,TOWNSHIP 22 SOUTH,RANGE 26 EAST,AS RECORDED IN PLAT
BOOK 4,PAGE 11,ALL OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA.
TOTAL PARCEL,INCLUDING THE 30 FOOT WIDE UNNAMED ROAD,CONTAINS 1,089128.35 SQUARE FEET
(25.00 ACRES)MORE OR LESS.
TOTAL PARCEL, LESS AND EXCEPT THE 30 FOOT WIDE UNNAMED ROAD,CONTAINS 1,050,273.56
SQUARE FEET(24.11 ACRES) MORE OR LESS.
Page 7-Oak Properties LLC, Clermont 111 RES 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 day of , 2019, between Oak Properties,
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:
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):
Page 8—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
Oak Properties,LLC , a New York Witnesses
limited 1ia. •lity company
By: .he Ch. able Lead Annuity Trust A 11/ o ' s Fell,
By. `r►is so 'ember 1 i- _ _
t
t •natureFr ignature
Jeffrey. \ , as Trustee and not individually i/l-)0 7i - Et!.€jIt
Type or prin name Type or print name
By: 2. eC(.l✓ r/(:L v1-'
Signature Signature
j'ef`er-eM j "TeA 1 kii-77;.(4•4),AZ-Pil-z),-)
Type or print namej Type or print na e
STATE OF k...t IV.—
COUNTY
.__COUNTY OF ,W tW1 L f:
The foregoing instrument was acknowledged before me on this 10 day of October ,
2019, by Jeffrey J, Fejt, a4 Trustee** , who is personally known to me
or who has produced(, "i v-t(L i L. CiAf), ? as identification and who did
not take an oath. i
**of The Cha.p table L•ad,Annu ty Trust A U/W Louis Fell, as sole member of Oak
Properties/ LLC, a ew Yo• 1• f ed 'ability company
Notary Pubii. , /. .. L , . lff/rm a L:
Type/print n. e ••NNA MA- •, ATURO
''' " ELIC-STATE OF NEW YORK
No.01V06030686
Qualified inQuQueGe�ns County
Pursuant to Section 695.29(3)(0- this instrument xemptiTilk COMMiSsion iriR021,;Prepared by a Public Officer,City Attorney,City ofCtertnont,
Florida 34712
Page 9—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
EXHIBIT "Cr"
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Page 10—Oak Properties LLC, Clermont 111 RES Utility Service Agreement for Water&Wastewater
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Oak Properties, LLC and any successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for an Automobile Dealership (CarMax) for uses to
include sales, display, service, repair, paint, body work, storage, etc. with up to 55,000 sq. ft.
(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 upon Owner receiving a
Certificate of Occupancy from Lake County; 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.
Page 1 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development.
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 existing utilities along State Road 50 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.
1.9 The utilities in the commercial property shall be privately owned and maintained, but
shall be constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
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 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
1.16 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.
1.17 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 sewer connection shall be coordinated with the existing utilities on the south
side of State Road 50. The applicant will own and maintain the off -site force main from
the private lift station to the existing gravity sewer system located on the south side of
State Road 50.
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 Parking of any vehicles outside the paved parking areas, or in any landscape buffers
shall not be permitted.
1.22 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).
1.23 The development shall be in substantial compliance with the Dimension Plans shown in
Exhibit "C". Major changes as determined by the Clermont Site Review Committee may
require an amendment to this Agreement.
1.24 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.25 The Agreement shall be for commercial utility flow/demand for a CarMax automotive
dealership - water at 4,800 gpd and sewer is 4,350 gpd, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to City standards, unless otherwise
stipulated in this Agreement or subsequent amendments to this Agreement.
(b) The project shall be developed in substantial accordance with the Master Site Plan
as submitted with the Utility Service Agreement request, dated June 2019 by DRMP.
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
Page 3 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
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:
Cq1
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
Section 6. AMENDMENTS
OWNER
Oak Properties, LLC
7 Penn Plaza, Suite 618
New York, New York 10001
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 4 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
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 City Manager, authorized to execute same by City Council
action, and OWNER through
DATED this day of Lk U 6-�
CITY OF CLERMONT
Gail L. Ash, Mayor
, 2019.
ATTEST:
J-(DZ- - - -
Tracy Ackroyd Howe, MMC, City Clerk
Page 5 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
OWNER:
Signature
Oak Properties, C
Print Name
Title:
STATE OF
COUNTY O
The foregoina instrument s ac nowledged before me on this day of
2019, by who Is personally known to
me or who 6 prod'uc a - as identification and
who did not take an oath.
Notary Public AL:
Type/print name
1'l1R&
NOTARY PUI3LIC-STATE & NEW VVM
No. 01 V00030686
Qualified In Queens County
UK Goo MWi= F.xplres SOPleniber 2 .201
Page 6 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner: Oak Properties, LLC — CarMax Dealership
#'rusts SIA, 63A, 61 stud 62, of LAXZ1 1UGMANDS CUMANY SUBDIVISION OF
SUC,no N 23, TOW144N o 22 SOUTH, RANGE 26 RAST, according to the flat theroot, as
recorded tea Ptat Book 4, Page 11, of the Pul& Racarals of L%k4 County, Florldat LIDS
rlgiat o)' way oat #lao R'cst for Slate hood Number 455; together with Tracts 314113 and 14 of
1lfJG .AATD,� COMPA»'Y SU13D SrON OF SItC1'ION 26t TOWNSHM 22
SOLI' , �a ;B Z6 )IAST, aeatardiaag to the 1'!at thereof, au recorded in fiat Book 31 nt
x'q$fl ;; , al'tlto Puhlia` Xtaawtrds ufi atke Ceanty, irloriain; X,I,Sr g right of way aan tho West for
9iate Read ASS and iC,i S rlgitt of way au the South for'8ta►t+e Road 609 In and for JAM
County, l3'lorida.
LESS AND 1+,,XCUT TIIR FOLW WXNG AS CONTAWD IN TBAT CERTAIN
WARRANTY DrzD RtC0lltDZD DECEi ORR 26, 2002, IN O iCIAL UCOUS
1 OOX 2231, PAID 3257, PtMLI4 RWORDS OV LAKE C+D'IJAITY, FLORWAt
A. portion of tracts 3, 41,13 and 14 df LAKE MG i- ANDS COMPANY WUDIVMON OF
OCTION 26, TOWNMMO 22 SOiJ=t RANGN 26 EAST, weardhag to tlae blot thereof, as
rocoTdod in Putt nook 3, )Pnga 62) of the Public Rteords dfLako Comity, Plaridk being
described as follo^srss
Centtnence et the North Quarter corner of said Section 26 as a point ofrArenc% said paint
being aasarltod by A railroad splice In the centeritno of povement of Owafy Rest No. 4551
thence run South 00 dgro+w 40 minutes 30 socoadaaWOO, along tbs Went lino of the
Northeast Quarter ofsaldSection 26o244.02 footLikence run South 89 dogrees 34 atdaaula
59 saeoatdst ast, parallel with the North line of old Nertheaaat Quarter, 33:13Q loot to the
:POD` OF =0iNMKG; ihent*;e"dwm South 09 degnm 34. minutes 59 sawn do East,
pt iggel with old North Ilaa% 700.01 fast; thence rim South 40 dopl aw 40 lnitsutas 30
sotoads West, poraltel with the aldresaid West line of the Northeast Quarter, $19.12 feet to
,Ile MoMb rigi,t ofway'llue of State Itead Mo. So as shown ou right of way Map Section
IJ-070-2505; titeia run North 88 degrees 54 oduum 49 seconds West, along aid North
right of way line, 728.02 foot to the Brat gas or a 30 feel right lif w.ay as shown 01 tho Plat
of WM MOMAi NDS 001vll>A1NY SUMMSION; thenaas rate North 00 dcga m 40
ine ulos 39 sacands Bast, ideas said Eaaat fright lint 261.64 DO to the East Ana of Cawuty
3toad'No, 45S as currcully mona mented, said line being a ourve eaacAve to the Nortbwost;
.thonto run Northeasterly eloaig said curvy having at cout'rol angle of 13 degem 48 aubmtes
73 scconds,-a radius af. 62%00 fact, s n acre l+angth of 150.33 Boat, 4 chord beaftil of North 07
do@roos 94 mluntes 41, seconds East and a chord distance of 149.16 feet; thence roan North 00
dogroes 40 minutes 30 seconds Eastt aontinni g sloaag said Rest lht% 460A0 foot to the
ip*INT OP SZOINNING.
AND L SS AND EXCEPT Till& FOLLOWING AS CONTAINED IN THAT CZRTAIN
That portion of the lbllowing dueribed Poed lying WIdda 50 (oat gut of the North -South
N.D"ectiou line of !Section 24 Tmemmblip 22 South, Range 26 Rat, Lake Comity, Fiorla ia,
Tract 13 of LAKIr IIIG11L SNDS CM(PANY SUBDIVISION OF 80MON 74%
TOWNSW 22 SOUM, RANGIR 26 FASTs secordiung to this Plat theraol', as it mded In
Plat hook 3, Yugo 52, of the Public Xecords of Lake County, Florldtt, LESS AND EXCEPT
right of way lhr 0 $0.
Page 7 — Oak Properties LLC, CarMax 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 day of 2019, between Oak
Properties, LLC, property owners in the County of Lak , 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"
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 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
PROPERTY OWNER(S):
Oak erties,
By: _
Signa
Type or print r1dme
wa
Signature
Type or print name
STATE A'%W
COUNTY•
WITNESSES (Two required):
Witnesses
2.
Signature
Type or print n me
Signature
Type or print name
T foreggoi�g instrument s knowle ed or'e me
2019, by
pers ally known to me or s p dy ed Cz� !.L&Al
as identification and who did not take an oath
Notary Public / (,G 1742,UL*AL:
p DONNA MARIE VOCAMRO
Type/ print name sieraRv o, ,p I ,r•_QTeTE OF NEW YCAK
No. 01 VO6030688
Qualified in Queens county
*9 COnWrAslon Expires Soptwow 2D, X1
on this day of
who is
&e all a
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 9 - Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
EXHIBIT "C"
DIMENSION PLAN
Oak Properties, LLC - CarMax Dealership
Page 10 — Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater
EXHIBIT "D"
LOCATION MAP
Oak Properties, LLC - CarMax Dealership
Aerial view:
Page 11 - Oak Properties LLC, CarMax Utility Service Agreement for Water & Wastewater