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WATER & WASTEWATER SERVICE AGREEMENT
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Senninger Irrigation, Inc. and its successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is píOposing to develop Senninger Irrigation Manufacturing Facility, 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 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, OWNER agrees that this Agreement shall constitute an unconditional application to
annex th,e 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:
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 and
along routes approved by CITY, per plans and specs prepared by Walling Engineering
dated OCn~13 t,t ~ " 'k;o:J.
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1.3
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 and other specifications
required by the CITY.
1.4
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. Senninger shall be entitled to be reimbursed by the CITY (the
"Over sized cost") that represents the difference in the cost to engineer, design, permit
and construct the water lines and/or appurtenances needed by Senninger for its
Property, and/or apputerenances required by the CITY. The Oversize cost of the water
lines and or appurtenances shall be repaid to Senninger as a credit against water
impact fees, pursuant to paragraph 1.12
1.5
The OWNER 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. .
1.6
The OWNER 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.
1.7
The OWNER 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 OWNER shall provide the CITY with
proposed engineering and permitting cost differences for CITY review and approval.
1.8
The OWNER and CITY shall agree on the cost difference prior to commencement of
construction.
1.9
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 per approved plans and specifications, with reimbursement for the difference in
costs as determined in Section 1.11 from the CITY in the form of Impact Fee Credits.
1.10
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.
1.11
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.
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1.12
Ownership of Utility Lines - Certain water 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 OWNER to the CITY by Bill of Sales upon
completion of installation, inspection and acceptance by the CITY. A minimum 15' wide
easement shall be granted by OWNER to the CITY for all Utility lines to be owned and
maintained by CITY.
Section 2. 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.
Section 3. ANNEXATION
3.1
Owner agrees that CITY may annex the Property into the City of Clermont if 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 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, 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
OWN ER
City of Clermont
City Manager
P.O. Box 120219
Clermont, FI 34712-0219
Adam Skolnik, President
Senninger Irrigation, Inc.
6416 Old Winter Garden Road
Orlando, FL 32835
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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below. CITY through its Mayor and OWNER through Adam Skolnik as President of
Senninger Irrigation, Inc..
DATED this ¡.if day of ~A \
CITY OF CLERMONT
,2003.
~
aro S. Turville, Jr., Mayor
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OWNER
Adam Skolnik, President
ST ATE 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 Adam Skolnik as President of Senninger Irrigation,
Inc., M8 }3rev4èeà ià6fttification in tfte Í8ffi1 of ..g¡:.. 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 ót48aay of ,..4Ið1~~ ,2003.
~ 7e X~
Notary Publi
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EXHIBIT A
PARCEL B:
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.000IO'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.00oI0'49"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,Oo020'07"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:
ACCESS/UTILITY 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 WESTERL Y,
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'IO"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°34'10"E., 483.52 FEET TO THE
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BEGINNING OF A CURVE CONCA VED NORTHWESTERLY AND HAVING Ai'RADIUS OF
265.80 FEET; THENCE EASTERLY AND NORTHERLY, 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.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-8.05°55'50"W., 138.92 FEET; THENCE S.00024'25"W., 1,007.16
FEET TO THE BEGINNING'OF A CURVE CONCAVED 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°34'10"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
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THERETO, THE NORTH LINE OF LOT 39, OF SAID L.Þ.KE lllGHLANDS COMPANY;
THENCE N.89°34'10"W., PARALLEL WITH THE NORTH LINE OF SAID LOT 39, A
DISTANCE OF 244,30 FEET; THENCE S.00025'50"W., 113.32 FEET; THENCE N,89°34'1O"W"
15.00 FEET; THENCE N.00025'50"E., 128.32 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT 39, OF LAKE HIGHLANDS COMPANY; THENCE S.89°34'10"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.00023'57"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°34'10"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.00025'50"W., 128,32 FEET; THENCE
N.89°34'10"W., 230.93 FEET; THENCE N.00025'50"E., 128.32 FEET TO A POINT ON THE
NORTH LINE OF LOT 40, OF SAID LAKE HIGHLANDS COMPANY; THENCE
S.89°34'10"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)
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