2003-21
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Hal H. Kantor, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
FOR RECORDING DEPARTMENT USE ONLY
SOMERSET IRRIGATION WATER AGREEMENT
THIS SOMERSET IRRIGATION WATER AGREEMENT (the "Agreement") is
made and entered into this day of ,2003 by and between the CITY OF
CLERMONT, FLORIDA, a Florida municipal corporation (the "City"), whose address is One
Westgate Plaza, Clermont, Florida 34711, and SOMERSET HOMEOWNER'S
ASSOCIATION, INC., a Florida not-for-profit corporation (the "Association"), whose address
is 4902 Eisenhower Blvd" Suite 289, Tampa, Florida 33634 and LENNAR HOMES, INC"
("Lennar") a Florida corporation, whose address is 151 Wymore Road, Suite 4000, Altamonte
Springs, Florida 32714,
RECITALS:
A. Somerset is a portion of the King's Ridge Development of Regional Impact as
more particularly described in the King's Ridge Development Order and amendments thereto
(the "Project"),
B, In consideration of the undertaking herein by the Association, the City agrees to
provide irrigation water service to the Somerset community,
C. Lennar is made a party to this Agreement for the purpose of certain limited
undertakings as more particularly set forth herein,
NOW THEREFORE, for and in consideration of the above premises, the mutual
covenants and agreements set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1, Recitals, The above recitals are true and correct and are hereby incorporated as
material provisions of this Agreement by this reference.
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2, Provision of lITigation Water, The City hereby agrees to provide to the Somerset
community water suitable for irrigation purposes, Such water may be potable, non-potable or
reuse water as the City from time to time, in its sole discretion, deems fit. Lennar shall, at its
cost and expense, connect the irrigation distribution lines of the Somerset community to such
water lines as deemed appropriate by the City. Lennar shall undertake such design and
permitting as shall be necessary to accomplish the foregoing.
3, Fees and Charges, The City shall provide such irrigation water to the residential
lots, the common areas and roadways within the Somerset community, in accordance with such
fees, charges and practices as are consistent with City policy applicable to other lands within the
jurisdiction of the City. The meters for such service shall be installed by Lennar at its own
expense, lITigation water shall not be supplied by the City until meters are installed, Lennar
shall pay all outstanding charges for water usage charges relating to Somerset prior to City
providing irrigation water directly to homes.
4. Distribution Svstem. The Association shall convey to the City the irrigation water
distribution system that is presently constructed within the public right of way and within
easements heretofore granted to the City, Such distribution is generally depicted on that certain
set of drawings prepared by Farner Barley and Associates, mc" Project No. 941216,061,
Somerset Estates at Kings Ridge, Pages 15 and 16, Such conveyance shall be free and clear of
all liens and encumbrances. The form of conveyance shall be by virtue of a quit claim deed and
bill of sale without warranty. Lennar will provide and install approved water meters and meter
boxes and other appurtenances per City specifications, and the City shall not charge Lennar or
the Association for such costs, Prior to acceptance, City shall inspect the system for compliance
with appropriate codes and conditions. Lennar shall make necessary repairs or improvements,
.
5, Severability. If any provision of this Agreement, the deletion of which would not
adversely affect the receipt of any material benefits by any party hereunder or substantially
increase the burden of any party hereunder, shall be held to be invalid or unenforceable to any
extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever
the validity or enforceability of the remainder of this Agreement.
6, Notices: Proper Form, Any notice required or allowed to be delivered hereunder
shall in writing and be deemed to be delivered upon receipt before 5:00 p.m. on a business day
by hand delivery, overnight courier or V,S, Mail, postage prepaid, certified mail, return receipt
requested and addressed to a party at the address set forth opposite the party's name below, or at
such other address as the party shall have specified by written notice to the other party delivered
in accordance herewith:
If to City:
City of Clermont
One Westgate Plaza
Clermont, FL 34711
Attn: City Manager
Phone: (352) 394-4018
Fax: (352) 394-1452
.
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7/9/2003
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With copies to:
City Attorney
City of Clermont
One Westgate Plaza
Clermont, FL 34711
Phone: (352) 394-4018
Fax: (352) 394-1452
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If to the Association:
Somerset Homeowner's Association, Inc.
1900 Kings Ridge Blvd,
Clermont, FL 34711
Attn: Bing Hacker, President
Phone: (352) 242-1192
Fax: (352) 242-0769
If to Lennar:
Lennar Homes, Inc.
151 Wymore Road, Suite 4000
Altamonte Springs, FL 32714
Attn: Bruce Lawson
Phone: (407) 682-9291
Fax: (407) 682-1977
With copies to:
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 No, Eola Drive
Orlando, FL 32801
Attn: Hal H. Kantor, Esq.
Phone: (407) 843-4600
Fax: (407) 843-4444
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7. Time of the Essence, Time is hereby declared of the essence in the performance
of the duties and obligations of the respective parties to this Agreement.
8. Applicable Law, This Agreement and the provisions contained herein shall be
construed, controlled and interpreted according to the laws of the State of Florida, and venue for
any action to enforce the provisions of this Agreement shall be in the Circuit Court in and for
Lake County, Florida,
9, Effective Date, This Agreement shall become effective upon the date of
execution ofthe last of the parties hereto (the "Effective Date"),
10. Interpretation, This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by
counsel for one of the parties, it being recognized that all parties have contributed substantially
and materially to the preparation hereof. Captions and section headings in this Agreement are
provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the
interpretation, construction or meaning of this Agreement.
.
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11. Attornev's Fees. Each party to this Agreement agrees to bear its own attorney's
fees and costs in connection with all actions to be undertaken in compliance with, and
enforcement of, this Agreement.
12. Amendments, No amendments, modification or other change in this Agreement
shall be binding upon the parties unless in writing and executed by all the parties hereto.
13, Entire Agreement. This Agreement embodies and constitutes the entire
understanding of the parties with respect to the subject matter of the Somerset community
addressed herein,
14, Counterparts. This Agreement may be executed in any number of counterparts,
all of which taken together shall constitute one and the same instrument and any party or
signatory hereto may execute this Agreement by signing any such counterpart,
15. Authority to Contract. The execution of this Agreement has been duly authorized
by the appropriate body or official of all parties hereto, each party has complied with all the
requirements of law and each party has full power and authority to enter into this Agreement.
16. Successors and Assigns, The rights created by this Agreement shall inure to the
benefit of, and the obligations created hereby shall be binding upon, the parties hereto and their
respective heirs, legal representatives, successors and assigns.
17, Recording: Binding Effect. This Agreement shall be recorded in the Public
Records of Lake County, Florida, and shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, successors and assigns and shall run with title to the
Project and shall be binding upon any person, finn, corporation or other entity acquiring any
interest in or any portion of the Project.
IN WITNESS WHEREOF, the Association and the City have executed this Agreement in
manner and fonn sufficient to bind them on the date set forth below,
CITY OF CLERMONT, a Florida municipal
corporation
By:
B~~
~ , Mayor
Date: rn f. rot H lY
. I
, Clerk
Approved as to fonn: For reliance by The City
of Clerm¡1;~
~ /!~ ~
City Attorney
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N~~
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-Name: (Á(!e::::e: r'I ¡'.R.. r.5 J-
SOMERSET HOMEOWNER'S
ASSOCIATION, INC" a Florida not-for-profit
corporation
By: ~~
~i:~: £"., - ~
Date:
~La5
LENNAR HOMES, INC., a Florida
corporation
By:
Name:
Title:
~ .-,,~.3
E ,ß¡..üU'š l~ðg.>J
,¿VWI...D~
Date:
STATE OF FLORIDA
COUNTY OF.~ LAK..€
The foregoing instrument was acknowledged before me this ~ day ß~ ,
2003, by t!AJ -¡;; A. V , II e. , as Mayor of the CITY OF CLE~S
personally known 'to me or has provided as' entification.
(NOTARY SEAL)
616300v7
7/9/2003
~I\€ ill A J) J} @/V
(Name typed, printed or stamped)
Notary Public, State of - .
comml~ss ' Qañe Wamt.\
My Co . Ry&iM~ ÐÐt~18 :
ExpII88 August 18, 2008 . .
...
WJ Jane Wanen
! . My Commission 00138316
~ Dr ~ ExpIreS AuguSt 18, 2006
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STATE OF FLORIDA
COUNTY OF ,ORANGE
The foregoing in
2003, by
HOMEOWNER'S ASSOC
kno~r has provided
acknowledged be~fime Ibis d day of ~ ~ '
,as ~6Ja. of SOME ET
ION, INC., a Florida not-for-profit corporation, who is personally
as ide 'fication,
(NOTARY SEAL)
STATE OF FLORIDA
COUNTY OF ,ORANGE
The foregoing instmment was acknowledged before me Ibis 1 Lr~L.-daY of .:r ~
2003, by E:.. B ru..¡:¿. ~~.serr\ ,as '\} ~èe. t>~L~f LENNAR HO ES,
INC" a Florida corporation, who is personally known to me or has provided
as identification,
~~ þ~(¡~
Notary Public Signature
\2.kcrN'1.s- of> e..rn ì c.A.Y'\ 0
(Name typed, printed or stampe~)
Notary Public, State of RO"')l.Cla..
Commission No,: D;:) () ("Qìì6
(NOTARY SEAL)
~ Rhonda Pemicano .
!t..~ My commission 00069775
,~j Expires November 04, 2005
My Commission Expires: l\ -JI(-c5
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EXHIBIT "A"
(Depiction of King's Ridge, Legends and Somerset Communities)
0099998\010901\616300\6
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",.,i;,::i,:f' Master Development Plan
B
Residential
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F
Residential
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G
Retail/Service
4.5 Acres
50,000 Sq. Ft.
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"'"""'-_Ow.
Development Plan
Parcel Use Acres Units
A,B,F Residential 1238.8* 4,090
C Recreation 5.0
E,G Retail/Service 30.0 170,000 sf
D Office 19.8 150,000 sf
A,F Common Open Space* 54 Holes
(Golf/Stonnwater Management)
Lake 2.0
Total 1295.6
.Common Open Space ........,. included in HI<I:ol acreages
~rlRIDGE.
0 NOtrth ~I GLATTONG
J'C.'ON
.ERCHER
ANGUN
LOPEZ
R'NEHAR'
AT CLERMONT
March 2003
Scale in Feet
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