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Contract 2018-33A - 1st Amendment to Utility Service Agreement (ARWA Investments LLC)AFTER RECORDING, PLEASE RETURN TO: City of Clermont P.O. Box 120890 Clermont, FL 34711 FIRST AMENDMENT TO UTILITY SERVICE AGREEMENT FOR WASTEWATER This Amendment is to that certain Agreement recorded in the Public Records of Lake County on March 6, 2017, hereinafter "the Agreement" between the City of Clermont, hereinafter referred to as CITY, a Florida Municipal Corporation and ARWA Investments, LLC, hereinafter referred to as OWNER. WITNESSETH Whereas, OWNER and CITY entered into the Agreement related to the provision of wastewater services and the development of real property (the "Property") as described in Exhibit `A', attached hereto and by this reference made a part hereof, and Whereas, OWNER has requested that the CITY provide potable water services to the Property; and Whereas, CITY has determined that it has capacity to provide the requested service; and Whereas, OWNER and CITY desire to enter into this Amendment to the Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained in the Agreement and this Amendment, the parties do hereby agree as follows: I. This first amendment to the Agreement expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. II. Section 1 of the Agreement is hereby amended to provide that the CITY shall provide potable water service to the Property and is therefore amended to read 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 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 1 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. 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 shall stay in service throughout construction. If 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 properties shall be privately owned and maintained, but shall be constructed to City of Clermont standards. 1.10 CITY shall be responsible for the difference in cost of materials to oversize lines, if the CITY chooses to oversize based on plans and cost estimates provided by OWNER to CITY, and approved in advance by the CITY. 1.11 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. 1.12 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. 1.13 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.14 This Agreement shall be voided after five ( 5) years if building permits have not been issued and building construction has not started. 1.15 The Agreement shall be for commercial utility flow/demand for 1,400 gpd potable water and 1, 400 gpd sewer, based on an annual average. Exceeding these amounts may, at CITY's sole option, require a new Utility Services Agreement (gpd = gallons per day). Provided, however, there shall be a permitted overage of up to 10%. III. In the event of a failure to comply with the terms and conditions of this Amendment and the Agreement, OWNERS expressly agrees and acknowledges that CITY may avail itself of any remedy available to it at law or in contract, including, but not limited to, the suspension or K termination of water and sewer service to the project as authorized herein. IV. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. V. This Amendment shall take effect as of the date it is last signed by the parties below. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum on the date listed below. CITY through its City Manager, authorized to execute same by City Council, and OWNERS. CITY OF LERMONT ail Ash, Mayor Date: OWNER: A -1WA Investments, LLC Rajab K. A STATE OF FI COUNTY OF ATTEST: Tracy Ackroyd e, City CIef� Z I HEREBY/ ERTIFY that on this day, before me, an officer duly authorized to administer oaths and take�/ acknowledgments, personally appeared Rajab K. Abukhadrah, as authorized representative of ARWA Investments, LLC, who provided identification in the form of or who is personall known to be the person described in and who executed the foregoing, and that he a—c-E iowledged before me that he executed the same. �^ e Witness my hand and official seal this day of ,- ✓� , 2018. Notary Public e :P RAMESH RAAVMgp "� *MyC%"MN#GGWW act 0(PftS; Apra s. 2M 3