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2003-36 ~, :~ . . . , . UTILITY IMP ACT FEE AGREEMENT REGARDING AN ALTERNATIVE UTILITY IMPACT FEE CALCULATION Thjs is a UTILITY IMP ACT FEE AGREEMENT regarding an ALTERNATNE UTILITY IMP ACT FEE CALCULATION between City of Clermont, Florida, hereinafter referred to as the "City", and Senninger Irrigation, hereinafter referred to as the "Owner". WITNESSETH WHEREAS, the Owner has submitted, as authorized under the City of Clermont Code, an alternative Utility Impact Fee calculation for the following proposed development or phase. thereof: Senninger Irrigation; WHEREAS, the legal description of the Senninger Irrigation is set forth at Appendix "A" attached hereto; WHEREAS, as allowed by City Code, the Owner submitted the alternative Utility Impact Fee calculation to the City for the proposed development or phase thereof; . WHEREAS, the Owner calculated the alternative Utility Impact Fee as provided for by the City Code; WHEREAS, the City has conditionally accepted the Owner's alternative Utility Impact Fee calculation and determined based upon its results that, subject to the conditions of this Agreement, the appropriate Utility Impact Fee for Senninger Irrigation will be calculated on the basis of8.82'ERU; as defmed in the City's Impact Fee Ordinance and; WHEREAS, as allowed by City Code, the parties are entering into this Agreement. NOW, THEREFORE, in consideration of the promises and covenants contained herein, it is hereby agreed as follows: 1. Conditional Acceptance of Utility Impact Fee Calculation. Subject to paragraphs 2 and 3 of this Agreement, the City accepts the alternative Utility Impact Fee calculation submitted by the Owner, and the City and the Owner agree that the alternative utility impact fee for Senninger Irrigation shall be based on 8.82 ERUs. 2. Monitoring. (a) During the three (3) year period from the effective date of this Agreement, the City shall conduct "monitoring". For purposes ofthis paragraph, the term "monitoring" means reviewing actual water Consumption. 1 ~..; . . . '. (b) If monitoring by the City confirms an increase beyond that shown in the alternative impact fee calculation conditionally accepted by the City under paragraph 1 above, within thirty (30) days of written demand by the City the Owner or its successor or assigns shall pay the City by certified cashier's check the difference between the alternative impact fee paid pursuant to paragraph 1 of this Agreement and the impact fee shown to be owing based upon the monitoring, plus interest at the rate set annually by the Comptroller of the State of Florida for judgments and decrees pursuant to Section 55.03, Florida Statutes, with the interest rate in effect on the date of completion of the monitoring to prevail. (c) If monitoring by the City confirms a decrease, the Owner shall not be entitled to any refund. 3. Expansion or change in use of Development. In the event Senninger Irrigation expands or there is a change in use after the effective date of this Agreement, the Owner or its successor or assign shall be subject to payment of an additional impact fee. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the Owner's successors and assigns, and shall run with the subject lands. 5. Notices. Any notices or correspondence related to this Agreement shall be directed in writing to the following addressees: To the City: To the Owner: Send original to: ~end original to: Wayne Saunders, City Manager City of Clermont 685 West Montrose Street Clermont, Fla. 34711 Senninger Irrigation 6. Governing Law. This Agreement shall be governed by and construed in accordance with the City of Clermont Impact Fee Ordinance, all other applicable laws, ordinances and regulations, and the laws of the State of Florida. 7. Recording. Upon its effective date, this Agreement shall be recorded at the Owner's expense in the Official Records of Lake County, Florida. 8. Effective Date. This Agreement shall become effective upon the date of execution by the City or upon the date of execution by the Owner, whichever date is later. 2 \.- . . . " .. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates inscribed below. B. STATE OF FLORlijA COUNTY OF &"~~ CITY OF CLERMONT DATE: Senninger Irrigation BY:£'& -/kJA)1tf SKI? ¿ji/IC TITLE: PA.-t£.S"lð&VT DATE: JI- 7.4- 03 The fOJ~t was acknowledged b;%e me !ills æ 41 ~ ~ay Of~~ 2003, by ¿;;~dt/ , on behalf of . ~¿4?¿:t2::) ~ .. e/fI/llJ is personally known to me 9r àas }3Feà1teed ° . an and -tM& (did not) take an oath. S:\VMonaco\FORMS\altimpact.6-8-01.wpd &~~~ Ó!°TARY PUBLIC Print Name: 'dt/r1A1¡rr:¡ Æ L/lSSG~ My Commissioner Expires o. -. " " . ..--~--"'- ~ - -~ ; ,""""'" - . ,. ..',\~"v,. '" Q l1 '\ JUANITA R. LASSETER '.; ~ ~ '~ Notary Public - State of Florida :; i \::¡r'F'"\'~:; MyCommis&iJnEJriæs~20.roO,j '> ~ 0.' '~~":" CommiSSion fJ. 0004B190 :) . ., "~~r'(£:~...~."..;-:o. .( ~ -- _. 3 . . . . . . - 4 EXHIBIT A PARCELB: THAT PART OF LOTS 39, 40, 41 AND 42, OF LAKE HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE RECORD PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 57, OF SAID LAKE HIGHLANDS COMPANY, AND RUN N.00o10'49"E., ALONG THE WEST LINE OF LOTS 57, 56 AND 41, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,682.40 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING, CONTINUE N.00o10'49"E., ALONG THE WEST LINE OF LOTS 41 AND 40, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 969.87 FEET TO THE NORTHWEST CORNER OF SAID LOT 40; THENCE S.89°34'10"E., ALONG THE NORTH LINE OF SAID LOT 40, A DISTANCE OF 472.27 FEET; THENCE S.00025'50"W., 191.77 FEET; THENCE S.89°28'34"E., 455.72 FEET TO THE BEGINNING OF A CURVE CONCAVED SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE EASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°48'41", AN ARC LENGTH OF 54.86 FEET, TO THE END OF SAID CURVE; THENCE S.00020'07"W., 742,66 FEET; THENCE N.89°33'15"W., 959.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. TOGETHER WITH THE FOLLOWING ACCESS UTILITY AND DRAINAGE EASEMENTS APPURTENANT TO PARCEL B: ACCESSIUTILITY EASEMENT BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 50 WITH THE EAST LINE OF LOT 23, OF LAKE HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN S.00024'47"W" ALONG THE EAST LINE OF LOTS 23 AND 26, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,143.87 FEET TO THE BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF 331.00 FEET; THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°06'34", AN ARC LENGTH OF 520.57 FEET, TO THE END OF SAID CURVE; THENCE N.89°28'34"W., 526.34 FEET; THENCE N.00025'50"E., 191.77 FEET TO A POINT ON THE NORTH LINE OF LOT 40, OF THE AFOREMENTIONED LAKE. HIGHLANDS COMPANY; THENCE S.89°34'lO"E., ALONG THE NORTH LINE OF SAID LOT 40, A DISTANCE OF 50.00 FEET; THENCE S.00025'50"W., 128.32 FEET; THENCE S.89°34'1O"E., 483.52 FEET TO THE A-I . , I . . . . . BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF 265.80 FEET; THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°01'25", Al'-l ARC LENGTH OF 417.63 FEET, TO THE END OF SAID CURVE; THENCE N.00024'25"E., 1007.16 FEET; THENCE N.05°55'50"E., 138.92 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50; THENCE S.88°48'45"E., ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50, 52.28 FEET TO THE POINT OF BEGINNING. . 10 FOOT WIDE UTILITY EASEMENT COMMENCE AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50 WITH THE EAST LINE OF LOT 23, OF LAKE HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN N.88°48'45"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50, A DISTANCE OF 52.28 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING, RUN S.05°55'50"W" 138.92 FEET; THENCE S.00024'25"W., 1,007.16 FEET TO THE BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF 265.80 FEET; THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°01'25", AN ARC LENGTH OF 417.63 FEET, TO THE END OF SAID CURVE; THENCE N.89°34'1O"W., 43.40 FEET; THENCE N.00025'50"E., 10.00 FEET; THENCE S.89°34'10"E., 43.40 FEET TO THE BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING A RADIUS OF 255.80 FEET; THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°01 '25", AN ARC LENGTH OF 401.92 FEET, TO THE END OF SAID CURVE; THENCE N.00024'25"E., 1,007,65 FEET; THENCE N.05°55'50"E., 138.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50; THENCE S.88°48'45"E" ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, 10.03 FEET TO THE POINT OF BEGINNING. 15 FOOT WIDE UTILITY EASEMENT A 15 FOOT WIDE. UTILITY EASEMENT LYING OVER, UPON AND THROUGH THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50 WITH THE WEST LINE OF THE EAST 1/2 OF LOT 23, OF LAKE HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND RUN S.88°48'45"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 50, A DISTANCE OF 15.00 FEET; THENCE S.00023'57"W., PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT 23, AND PARALLEL WITH THE WEST LINE OF THE EAST Y2 OF LOT 26, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,301.74 FEET TO A POINT THAT IS 15 FEET SOUTH OF, WHEN MEASURED AT RIGHT ANGLES A-2 . . . .¡ . . . THERETO, THE NORTH LINE OF LOT 39, OF SAID LAKE HIGHLANDS COMPANY; THENCE N.89°34'1O"W., PARALLEL WITH THE NORTH LINE OF SAID LOT 39, A DISTANCE OF 244.30 FEET; THENCE S.00o25'50"W" 113.32 FEET; THENCE N.89°34'1O"W., 15.00 FEET; THENCE N.00o25'50"E., 128.32 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 39, OF LAKE HIGHLANDS COMPANY; THENCE S.89°34'lO"E., ALONG THE NORTH LINE OF SAID LOT 39, A DISTANCE OF 244.29 FEET TO A POINT AT THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 26, OF LAKE HIGHLANDS COMPANY; THENCE N.00o23'57"E., ALONG THE WEST LINE OF THE EAST 1/2 OF SAID LOT 26, AND ALONG THE WEST LINE OF THE EAST 1/2 OF LOT 23, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 1,286.74 FEET TO THE POINT OF BEGINNING. DRAINAGE EASEMENT" A" A DRAINAGE EASEMENT LYING OVER, UPON AND THROUGH THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 26, OF LAKE HIGHLANDS COMPANY, A SUBDIVISION IN SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING THE RECORD PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 52, IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 39, OF SAID LAKE HIGHLANDS COMPANY, AND RUN N.89°34'1O"W., ALONG THE NORTH LINE OF SAID LOT 39, A DISTANCE OF 244.29 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING, RUN S.00o25'50"W., 128.32 FEET; THENCE N.89°34'10"W., 230.93 FEET; THENCE N.00o25'50"E., 128.32 FEET TO A POINT ON THE NORTH LINE OF LOT 40, OF SAID LAKE HIGHLANDS COMPANY; THENCE S.89°34'1O"E., ALONG THE NORTH LINE OF LOT 40, AND ALONG THE NORTH LINE OF LOT 39, OF SAID LAKE HIGHLANDS COMPANY, A DISTANCE OF 230.93 FEET TO THE POINT OF BEGINNING. SOURCE: Legal descriptions provided by Farner and Associates. (Project # 03-0751) A-3