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Contract 2020-072A#2020-72-A 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 WBF Florida Properties V. LLC and any successors -or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a commercial establishment Automobile Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc. with up to 110,000 sq. ft., 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 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 - Kia, Utility Service Agreement for Water & Wastewater 1.4 The OWNER 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. 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, Page 2 — Kia, Utility Service Agreement for Water & Wastewater which shall be deducted from the Impact Fee Credit balance until credit is used. 1.17 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. 1.18 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.19 The City may require a looped system to provide reliability and redundancy to the property. 1.20 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 of the off -site force main from the private lift station to the existing manhole located on the east side of Magnolia Pointe BLVD. 1.21 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. 1.22 Parking of any vehicles outside the paved parking areas, or in any landscape buffers shall not be permitted. 1.23 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). 1.24 The development shall be in substantial compliance with the Dimension Plan shown in Exhibit "C". Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.25 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.26 The Agreement shall be for commercial utility flow/demand for water at 4,480 gpd and sewer is 4,480 gpd, based on an annual average. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to the JPA Land Development Regulations (Lake County Ordinance No. 2005-64). Items not addressed in the JPA Land Development Regulations must be developed to City standards per the review comments from received from the City on June 20, 2019 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 May 6, 2019 by Florida Engineering Group. Page 3 — Kia, Utility Service Agreement for Water & Wastewater (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 cerftficate 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: CITY City of Clermont City Manager P.O. Box 120219 Clermont, FI 34712-0219 Section B. AMENDMENTS OWNER WBF Florida Properties V., LLC c/o Fuccillo Automotive Group, Inc. 10524 U.S. Rt. 11, P.O. Box 69 Adams, NY 13605 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 4 — Kia, 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 9th day of July, 2019. CITY OF CLERMONT a Gail L. Ash, Mayor ATTEST: Tracy Ackroyd Ho , MMC, City Clerk Appro s t f m and Iega i Daniel F. Mantzaris, City Attorney Page 5 — Kia, Utility Service Agreement for Water & Wastewater OWNI . WBF Florida Properties V., LLC ~� Title: Manager 5fgnature -- William B. Fuccillo, Jr. Print Name STATE OF FLORID COUNTY OF P/Nrt L4 5 The foregoing instrument was acknowledged before me on this lql�- day of october, 2020, SIB, by WILLIAM B. FUCCZLLO, JR. _ , who is personally known to me or who has produced ._ _ - - — as identification and who did not take an oath. N:ratary Public SEAL: eWig BERNICE R CI,ARK Notary Public -State of Florida Type/pnnt name Crl1V /�E (_'�C A ,. Commission #� GG 980041 My Commission Expires rd.N' April20, 2024 Page 6 - Kia, Utility Service Agreement for Water & Wastewater EXHIBIT "A" PROPERTY DESCRIPTION Owner: WBF Florida Properties V., LLC Descri-�tion: OR BK4989 PG 1375 PAGE 3 THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD SO, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF GOVERNMENT LOT 1 WITH THE SOUTH LINE OF STATE ROAD NO. 50 (AS PART OF RIGHT OF WAY SECTION 11070-2505) THENCE RUN S89°45'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 590.69 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89045'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 101.89 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF JOHNS LAKE PLAZA AS RECORDED IN PLAT BOOK 55, PAGES 51- 52 OF THE PUBLIC RECORDS OF SAID LAKE COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID JOHNS LAKE PLAZA THE FOLLOWING 3 COURSES: S00°55'33"W, A DISTANCE OF 519.10 FEET; THENCE N89°31'05"W, A DISTANCE OF 33.75 FEET TO A POINT OF INTERSECTION WITH EAST LINE OF SAID WEST 660 FEET OF GOVERNMENT LOT 1; THENCE S01°03'39"W ALONG SAID EAST LINE, A DISTANCE OF 89.00 FEET TO THE SOUTHWEST CORNER OF SAID JOHNS LAKE PLAZA; THENCE CONTINUING 501°03'39"W ALONG SAID EAST LINE, A DISTANCE OF 555.86 FEET; THENCE N89°36'02"W, A DISTANCE OF 310.67 FEET; THENCE N00"27'11"E, A DISTANCE OF 825.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF "PARCEL 1" AS DESCRIBED IN OFFICIAL RECORDS 2002, PAGE 2363 OF SAID PUBLIC RECORDS; THENCE ALONG THE SOUTH AND EASTERLY LINE OF SAID "PARCEL 1" THE FOLLOWING 3 COURSES: S89°2737"E, A DISTANCE OF 221.07 FEET; THENCE N07"48'24"E, A DISTANCE OF 233.81 FEET THENCE N02623'13"E, A DISTANCE OF 116.70 FEET TO A POINT OF INTERSECTION WITH SAID SOUTH LINE OF STATE ROAD NO. 50 AND THE POINT OF BEGINNING. PARCEL 1: THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S88°45'41"E., ALONG SAID SOUTH RIGHT OF WAY LINE 312.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, S89°45'41"E., 278.32 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S02°21'18"W., 116.05 FEET, THENCE S07940'26"W., 223.86 FEET; THENCE N89°35'28"W., 246.07 FEET, THENCE N00°24'32"E., 337.19 FEET TO THE POINT OF BEGINNING. SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE WEST 30 FEET THEREOF. Page 7 — Kia, Utility Service Agreement for Water & Wastewater PARCEL 2 THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S89"45'41"E., ALONG SAID SOUTH RIGHT OF WAY LINE 312.37 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S00°24'32"W. 621.53 FEET; THENCE N89°45'41"W., 318.79 FEETTO THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 1; THENCE N01001'00"W., 621.58 FEET TO THE POINT OF BEGINNING. Lake Coun' Alternate Key, Numbers: 1592356, 3309324, 3798103 Page 8 — Kia, Utility Service Agreement for Water & Wastewater EXWBIT "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 July 2019, between WBF Florida Properties V. 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. Page 9 — Kia, Utility Service Agreement for Water & Wastewater PROPERTY OWNER(S): WBF Florida Properties V. LLC Signature Type or print name By: Signature Type or print name STATE OF FLORIDA COUNTY OF f 'r N E r c.R 5 WITNESSES (Two required): Witnesses F i � 1 � e Type or print name 2. �'Zl 1 "XIJIL -- - Signature -Xf,�eve Type or print name The foregoing instrument was acknowledged before me on this � `� day of October, 202Q ZW, by WILLIAM B. FUCCILLO, JR. who is personally known to me or who has produced as i en ' 'cation and who did not take an oath. """� BERNICE R CLARK Notary Public . _ (� SEAL: �k" Notary Public -State of Fior, ci9;� •� If Commission # GG 98004' f Type/print name My Commission Expires rjrzn,'J� ,� - :ra�r� April 20. 2024 Pursuant to Section 695.2 )(P: this instrument exempt from Chapter 695, F.&,; Prepared by a Public Officer City Attorney, City of Clermont, Florida 34712 Rage 10 — Kia, Utility Service Agreement for Water & Wastewater EXHIBIT INCIP DIMENSION PLAN WBF Florida Properties V. LLC (Fuccillo Kia of Clermont) - Master Site Plan: § § 0. 7 /}"¥��}�j � - rp Page 11 — Kia, Utility Service Agreement for Water & Wastewater EXHIBIT "D„ LOCATION MAP WBF Florida Properties V. LLC (Fuccillo Kla of Clermont) Aerial view: Page 12 - Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT#: 2020125476 OR BK 5578 PG 1572 PAGES: 12 11/6/2020 4:41:27 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $103.50 #2020-72-A 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 WBF Florida Properties V. LLC and any -- successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a commercial establishment Automobile Dealership for uses to include sales, display, service, repair, paint, body work, storage, etc. with up to 110,000 sq. ft., 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 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: k2glon 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 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 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1573 PAGE 2 of 12 1.4 The OWNER 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. 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' 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, Page 2 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1574 PAGE 3 of 12 which shall be deducted from the Impact Fee Credit balance until credit is used. 1.17 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. 1.18 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.19 The City may require a looped system to provide reliability and redundancy to the property. 1.20 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 of the off -site force main from the private lift station to the existing manhole located on the east side of Magnolia Pointe BLVD. 1.21 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. 1.22 Parking of any vehicles outside the paved parking areas, or in any landscape buffers shall not be permitted. 1.23 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). 1.24 The development shall be in substantial compliance with the Dimension Plan shown in Exhibit "C". Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.25 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.26 The Agreement shall be for commercial utility flow/demand for water at 4,480 gpd and sewer is 4,480 gpd, based on an annual average. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to the JPA Land Development Regulations (Lake County Ordinance No. 2005-64). Items not addressed in the JPA Land Development Regulations must be developed to City standards per the review comments from received from the City on June 20, 2019 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 May 6, 2019 by Florida Engineering Group. Page 3 — Kia, Utility Servicee Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1575 PAGE 4 of 12 (c) The project shall be developed according to the City of Clermont Sign Code, Section 102. action 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. ledion 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 S. NOTICES All notioes, 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: i City of Clermont City Manager P.O. Box 120219 Clermont, FI 34712-0219 ion B. AMENDMENTS OWNER WBF Florida Properties V., LLC Go Fuccillo Automotive Group, Inc. 10524 U.S. Rt. 11, P.O. Box 69 Adams, NY 13605 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 4— Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1576 PAGE 5 of 12 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 9th day of July, 2019. CITY OF CLERMONT j r,I�/ ten ./ ATTEST: Tracy Ackroyd Ho , MMC, City Clerk Appro t f m and legs t Daniel F. Mantzaris, City Attorney Page 5 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1577 PAGE 6 of 12 OWNER; WBF Florida Properties V., LLC i� Title: Manager Signaflxle William B. Fuccillo, Jr. Print Name STATE OF FLORIDA COUNTY OF P11VL r} 5 The foregoing instrument was acknowledged before me on this / fit- day of october�, 2020, RW, by WILLI.AM B. FUCCILLo, JR. A who is personally known to me or who has produced _ .— as identWication and who did not take an oath. Notary Public-,l ����� ` &,j SEAL: 44 ,,,, BERNICE R CLARK j� ' Noteq Public -State of Florida Type/print name '✓C_XV / E C:C A E .' Commission 4 GG 980041 _5 My Commission Expires April 20, 2024 Page 6 - Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1578 PAGE 7 of 12 EXHIBIT "A" PROPERTY DESCRIPTION Owner: WBF Florida Properties V., LLC Description: OR BK4989 PG 1375 PAGE 3 THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE POINT OF INTERSECTION OFTHE WEST LINE OF GOVERNMENT LOT 1 WITH THE SOUTH LINE OF STATE ROAD NO. 50 (AS PART OF RIGHT OF WAY SECTION 11070-2505) THENCE RUN S89645'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 590.69 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89'45'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 101.89 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF JOHNS LAKE PLAZA AS RECORDED IN PLAT BOOK 55, PAGES 51- 52 OF THE PUBLIC RECORDS OF SAID LAKE COUNTY, THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID JOHNS LAKE PLAZA THE FOLLOWING 3 COURSES: S00955'33"W, A DISTANCE OF 519.10 FEET; THENCE N89'31'05"W, A DISTANCE OF 33.75 FEET TO A POINT OF INTERSECTION WITH EAST LINE OF SAID WEST 660 FEET OF GOVERNMENT LOT 1; THENCE S01'0339"W ALONG SAID EAST LINE, A DISTANCE OF 89.00 FEETTO THE SOUTHWEST CORNER OF SAID JOHNS LAKE PLAZA; THENCE CONTINUING S01'03'39"W ALONG SAID EAST LINE, A DISTANCE OF 555.86 FEET; THENCE N89'36'02"W, A DISTANCE OF 310.67 FEET; THENCE N00'27'11"E, A DISTANCE OF 825.S3 FEETTO A POINT OF INTERSECTION WITH THE SOUTH LINE OF "PARCEL 1" AS DESCRIBED IN OFFICIAL RECORDS 2002, PAGE 2363 OF SAID PUBLIC RECORDS; THENCE ALONG THE SOUTH AND EASTERLY LINE OF SAID "PARCEL 1" THE FOLLOWING 3 COURSES: S89'27'37"E, A DISTANCE OF 221.07 FEET; THENCE N07'48'24"E, A DISTANCE OF 233.82 FEET THENCE N02023'13"E, A DISTANCE OF 116.70 FEET TO A POINT OF INTERSECTION WITH SAID SOUTH LINE OF STATE ROAD NO. 50 AND THE POINT OF BEGINNING. THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE SOUTH RIGHT OF WAY UNE OF STATE ROAD SO, THENCE S88°45'41"E., ALONG SAID SOUTH RIGHT OF WAY LINE 312.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, S89'45'41"E., 278.32 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S02'21'18"W., 116.05 FEET, THENCE S07940'26"W., 223.86 FEET, THENCE N89035128"W., 246.07 FEET, THENCE NOO'24'32"E., 337.19 FEET TO THE POINT OF BEGINNING. SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE WEST 30 FEET THEREOF. Page 7 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1579 PAGE 8 of 12 PARCEL2 THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S89'45'41"E., ALONG SAID SOUTH RIGHT OF WAY LINE 312.37 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S00°24'32"W. 621.53 FEET; THENCE N89'45'41"W., 318.79 FEET TO THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 1; THENCE N01001'00"W., 621.58 FEET TO THE POINT OF BEGINNING. Lake County Afternate Key Numbers: 1592356, 3309324, 3798103 Page 8 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1580 PAGE 9 of 12 EXhIIBIT'B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 9th day of July 2019, between WBF Florida Properties V. LLC, property owners in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*: VVITNESSETH, 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 'W 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 9 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1581 PAGE 10 of 12 PROPERTY OWNER(S): WBF Florida Properties V. LLC By: - Signature Maim -B Type or print name By: Signature Type or print name STATE OF FLORIDA COUNTY OF f "NEu.AS WITNESSES (Two required): Witnesses / r� f 1 jl } � signature Type or print name 2., 6b 1A , , Signature xf=,av�—: Type or print name The foregoing instrument was acknowledged before me on this ` day of October, 2020, ZW, by WILLIAM B. FUCCILLO, JR. _ .. who is personally known to me or who has produced as identification and who dial not take an oath. SEAL: �,.��,,,,,.,, BERNICE R CIARK Notary Public Notary Public -State of Fion(ij� }�: commission 0 GG 98004 f My Commission Expires; Type/print name Ectkl ! E Q - _ '« April 20, 20?4 Pursuant tD Section 695,V)(f): this instrument exempt from ChapDer 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont, Florida 34712 Page 10 — Kia, Utility Service Agreement for Water 8 Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1582 PAGE 11 of 12 EXHIBIT "C" DIMENSION PLAN WBF Florida Properties V. LLC (Fuccillo Kia of Clermont) - Master Site Plan: ' R-3 1 mMl tow E �•e AYipY�R f�..3s I17 — i � w i r.i.. gI�vw��e r� •� •-^4 � " t i 7 -Jiff y■ {�f�l•'�1My�F G I j f 6' .I.R�• �t3: 5I ! N ';'.q e•Y�I�i� � O �y p w!--•i �" lY-� � 1 M Y _ "N rO� YY zCCCi FC-oi.'S• {,-g �' .,•. lilt- Re- .e + Y �� • ra sl. >I�f iivt.s:�' ;s, • 9 as I"I ♦r� x1 +�.,. t �q Ott R•:� R : :: A t ro as i � •• ii i� lc � � � � ' " . ; ' • ' � .. a ;A g� � Page 11 — Kia, Utility Service Agreement for Water & Wastewater INSTRUMENT# 2020125476 OR BOOK 5578/PAGE 1583 PAGE 12 of 12 EXHIBIT "D" LOCATION MAP WBF Florida Properties V. LLC (Fuccillo Kia of Clermont) Aerial view: Page 12 — Kia, Utility Service Agreement for Water & Wastewater