2004-24
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WATER"& WASTEWATER SERVICE AGREEMENT
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This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Levitt and Sons, LLC and its successors or
assigns, hereby referred to as DEVELOPER. .
WITNESSETH
Whereas, DEVELOPER is proposing to develop a single family residential subdivision named
Hartwood Reserve, which is located on real propørty (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
DEVELOPER 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,
DEVELOPER is to extend water and sewer lines to serve the Property and lines and
appurtenances must be sizeçj to meet the minimum requirements of CITY Land Development
Regulations and to meet the flow demands for the project; 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, DEVELOPER 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, DEVELOPER 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 WATERISEWER- 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
DEVEL0PER shall connect to the existing City system at connection point or points and
along routes approved by CITY and approved plan.
1.3
The DEVELOPER 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 and other
specifications required by the CITY.
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1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
The DEVELOPER shall extend the 16-inch water main along Hartwood Marsh Road to
the eastern property boundary of the project. The DEVELOPER shall participate in the
cost of upsizing the water main from the intersection of Hartwood Marsh Road and
Hancock Road to the DEVELOPER'S eastern property boundary. The cost sharing of
the upsizing shall be based on the results of the hydraulic water model for the project as
prepared by the Project Engineer and approved by the City Engineer. The hydraulic
model shall assume an existing pipe size based on the minimum pipe size required to
serve the two existing projects to the west and shall include the current demands on the
system for the projects already served. The existing pipe size used in the model shall
be determined by the City Engineer. The City shall pay for upsizing of the water main,
material costs only, of the difference between the pipe size required for the project,
including the projects to the east, and the 16-inch water main. The Oversize cost of the
water lines and or appurtenances shall be repaid to Levitt and Sons, LLC as a credit
against water impact fees.
The DEVELOPER shall be responsible for the construction of all on site and off site
lines and appurtenances to serve the project as reflected on the approved engineering
plans. No building permits shall be issued until water and sewer are provided to the site
or until a bond or letter of credit 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.
The DEVELOPER shall be responsible for all costs of on site and off site improvements
as reflected on the approved engineering plans, 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.
The DEVELOPER shall provide to the CITY a minimum of two contractor bids that shall
include the total cost for the minimum required size lines and appurtenances and a total
cost for the approved oversize design.
The DEVELOPER and CITY shall agree on the cost difference .prior to commencement
of construction.
The DEVELOPER 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 per approved plans and specifications, with reimbursement for the difference
in material costs as determined in. Section 1.11 from the CITY in the form of Impact Fee
Credits.
The Impact Fee Credits shall be established subject to Sections 1.4 and 1.9, 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.
Impact Fee Credits may not be transferred outside of the Property described on Exhibit
'A' but should be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1.12
Ownership of Utility Lines - Certain water and sewer mains to be constructed under this
agreement shall be owned and maintained by the City as indicated on the approved
plans. Ownership shall be transferred from the DEVELOPER to the CITY by Bill of
Sales upon completion of installation, inspection and acceptance by the CITY.
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Section 2. DEVELOPMENT STANDARDS
2.1
The project shall be developed according to the CITY Land Development Regulations
with the following exceptions: (1) grading shall not exceed 17 feet, either cut or fill, and
will be allowed as per exhibit "B" and (2) privately owned streets with gates shall be
allowed and shall be maintained by the Homeowner's Association. Construction plans
shall be reviewed by City staff unless otherwise stipulated in this Agreement or
subsequent amendments to this Agreement. The project shall be developed in
substantial accordance to the conceptual site plan prepared by Canin Associates dated
February 4.2004 and attached as Exhibit "C". The minimum lot size shall meet City R-1
Zoning District standards and the overall density shall not exceed 2.2 dwelling units per
acre.
2.2
Right-of-way shall be dedicated to Lake County so as to have 60 ft. of right-of way from
the center line of the current Hartwood Marsh Road right-of-way in order to achieve an
overall right-of-way width of 120 ft.
Section 3. ANNEXATION
3.1
DEVELOPER agrees that CITY may annex the Property into the City of Clermont if the'
CITY chooses to do so. All land transfers will contain a deed restriction or covenant
noting the existence of this requirement to annex, such restriction to be recorded as a
covenant to run with the land.
3.2
This agreement shall be recorded in the Public Records of Lake County. Florida at cost
to DEVELOPER. and this agreement, upon recording, shall constitute an irrevocable
application by the undersigned owner to annex the property described on Exhibit "A',
attached hereto, into the City of Clermont. which right to annex the City may
exercise at any time.in the future.
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
DEVELOPER
City of Clermont
City Manager
P.O. Box 120219
Clermont. F134712-0219
Robert Hutson
Levitt and Sons, LLC
4037 Avalon Park E. Blvd.
Orlando, FL 32828
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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.
. IN WITNESS WHEREOF. the parties hereto have made and executed this Agreement on the
date listed below. CITY through its Mayor and DEVELOPER through Robert Hutson of Levitt
and Sons, LLC and OWNER through Richard Gonzalez of Center Lake Properties, Ltd.
DATED this¿ D day o~
CITY OF CLERMONT
.2004.
~".A1~
rold S. Turville. Jr., Mayor
DEVELOPER
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STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take acknowledbrments, personally appeared Robert Hutson of Levi ons LLC., who provided
identification in the form of or who s e onall known t 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
/ ;;rr;ti.y of ~
L~ J?,\ ~
~ Notary Public
,2004.
1";,1\ Bulan M. Smith
,..~.:; My Commlaalon 00178247
0; Expqa Janull/}' 01,2007
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OWNER
STATE OF FLORIDA
COUNTY OF LAKE
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take acknowledgments, personally appeared Richard Gonzalez of Center Lake Properties, Ltd., 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 / ð day of ~
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(/J~L, -f/ ~
,/ !}Notary Public
,2004.
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