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2002-24 . . . . I()! ~I Dr . WATER & WASTEWATER SERVICE AGREEMENT This document constitutes an agref:ment between the CITY of Clermont hereby referred to as CITY, a municipality of the State of Florida, and Manlow Properties, LLC, a Florida limited liability company and its successors or assigns, hereby referred to as OWNER. WITNESSETH WHEREAS, OWNER is proposing to develop an office and industrial project on forty-four (44) acres of industrially zoned property on Hancock Road in Lake County, Florida (the "Property"), which is 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 serviĊ“ from the CITY; and WHEREAS, as a condition of CITY providing said water and sewer service to the Property, 0 WNER is to extend water and sewer lines to serve the Property .and lines and appurtenances must be sized to meet 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: 001996/78402/594981 /- . . . Section 1. 1.7 001996/78402/594981 . . 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 conm:ct 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 approv,;:d by the CITY. 1.4 The OWNER shall (:onstruct 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. 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 appurtenan<:es 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 is in place to guarantee c:;ompletion 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 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. 2 . . . 1.9 1.10 1.11 1.12 1.13 Section 2. . . 1.8 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. 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. The CITY shall review and either approve or reject the costs. The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 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 1.9 from the CITY in the form of Impact Fee Credits. The Impact Fee Credits shall be established subj ect to Sections 1.9 and 1.11, 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. DEVELOPMENT STANDARDS The project shall be developed according to the CITY Land Development Regulations unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 001996/784021594981 3 . . . . . Section 3. Section 4. . . ANNEXATION 3.1 Owner agrees that CITY may annex the Property into the City of Clermont if CITY chooses to do so. Such annexation shall not change the zoning classification as it now exists in Lake County, and the property shall be zoned in the City in a classification which is substantially similar to such existing classification. 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 OWNER, 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 on the condition described in Section 3.1 above, which right to annex the City may exercise at any time in the future. 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 Agæement. 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: 001996/78402/594981 4 . . . . . CITY OWNER City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Manlow Properties, LLC P.O. Box 2809 Orlando, FL 32802 Attn: John F. Lowndes 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 t~h its City Manager, authorized to execute same by City Council action, and OWNER through Ro ber-t- A. oJ ~ hdt ~t J . DATED this <g ~ day of 0 (.,+obt--r-- ,2002. CITY OF CLERMONT ATTEST: ~- I-brof&L-S.ïú r~¡ II t. J:Tr. , M~OR- OWNER MANLOW PROPERTIES, LLC. By: 001996/78402/594981 5 . . " , . . . , . . . . 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 Robert A. Mandell as Managing Member of Manlow Properties, LLC, 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/she acknowledged before me that he/she executed the foregoing Water & Wastewater Service Agreement. Witness my hand and official seal this -'.:2. * day of 't\.~ 2002. ~1.~ ,,~¡,....~ Andrea S. Hunter Notary Public j.:" :~ MY COMMISSION # CC970264 EXPIRES :~:. :! October 17, 2004 ~4;iir::t:< IONDED 1I!RU TROY FAIN INSURANCE. INe. 001996/78402/59498 I 6 . . . . . . . . . . . . EXHIBIT" A" Le2al Description The South 1575 feet of the North ~~ of the West 1660 feet of Section 34, Township 22 South, Range 26 East, Lake County, Florida LESS the North 726 feet of the East 900 feet thereof, and LESS the road Right-of-Way over the West 25 feet thereof. 001996/78402/594981 7 . . . CITY ~DF' CLERMONT Office of the City Manager December 9, 2002 Mr. John F. Lowndes Lowndes, Drosdick, Doster, Kantor & Reed, P.A. P.O. Box 2809 Orlando, FL 32802-2809 . Re: Water & Wastewate:r Service Agreement - Manlow Properties Dear Mr. Lowndes, Enclosed please find one fully executed agreement as referenced above. Please call if I may be of further assistance and have a wonderful ,liday season. Teresa Stu "dard Deputy City Clerk cc: Bob Mandell :encl. . ~ .. P.O.!30X.120a"l_9._._~LEI;9M.QNT..F:;h-Q'lIDA~17.l2-021:9 """" .-- ~- -,~.-~-;,}-,,~:-- .-...'.~~~*.- : - -: ~"~." ,-,.>,,::::.'? .,~.':~:"'~~:::-.-.._::i~~~g.~:~.;~.'~:~:3:;~~~~~'?,~-j:':;;~:;~~t'~'<~;:~~¡'?~~~):1~~:~~b:/;~Æ:~;~;~;1~~~~!~~~~~t{~!~:ii:~~~¡;!.: . . LOWNDES DROSDICK DOS TER . KANTOR & REED, P .A. 215 NORTH EOLA DRIVE ORLANDO, FLORIDA 32801 450 SOUTH ORANGE A VENUE, SUITE 800 ORLANDO, FLORIDA 32801 POST OFFICE BOX 2809, ORLANDO, FLORIDA 32802-2809 TEL.: 407-843-4600/ FAX: 407-843-4444 www.lowndes-Iaw.com Attorneys at Law .IOI.IN F. LOWNDES NOI"th Eola Drive Office Direct Dial: (407) 418-6401 E-mail: john.lowndes@lowndes-law.eom November 12,2002 Mr. Wayne Sanders City Manager City of Clermont Post Office Box 120219 CleITnont, Florida 34712-0219 Re: Manlow Properties Projiect on Hancock Road Dear Wayne: . Bob Mandell has asked that I forward the enclosed Water and Wastewater Service Agreement between Manlow Properties, LLC and the City of Clermont. I am enclosing three duplicate originals of this Agreement which have been executed by Bob Mandell, who is the Managing Member of Manlow Properties, LLc. If you find these Agreements to be in order, please have them executed and return a fully executed duplicate original to me. If you have any questions or comments about this, please contact either Bob Mandell or me. Thank you for your attention to this matter. JFL/csl Enclosures c: Mr. Robert A. Mandell 00 I 036\85700\600885\1 .&1 ~q/()Z-- . A founding member ofCommen:ial Law Affiliates, a worldwide network of independent law firms.