Contract 2021-022A#2021-022-A
AGREEMENT
BETWEEN THE CITY OF CLERMONT AND LENNAR HOMES, LLC.
FOR RELOCATION OF WATER MAIN
THIS AGREEMENT, is made by and between THE CITY OF CLERMONT 685
West Montrose Street, Clermont, FL 34711, hereinafter referred to as "City" and LENNAR
HOMES, LLC, a Florida limited liability company whose address is 6675 Westwood Blvd,
51b Floor, Orlando FL 32821, hereinafter referred to as "Lennar," and their assigns.
WHEREAS, Lennar constructed a single-family residence located at 2123 Winsley
Street, Clermont, FL 34711. hereinafter referred to as the "Property";
WHEREAS, in 2002, Lennar sold the Property to the Davis Family Trust;
WHEREAS, eighteen years after the sale of the Property by Lennar, it was discovered
that a water main line part of City's water utility system, was constructed under the
improvements on the Property;
WHEREAS, as part of development of the Property a public utility easement was
granted to the City in the area as set forth in Exhibit "A" attached hereto and incorporated
herein and hereinafter referred to as the "Easement Area";
WHEREAS, it is necessary in the best interests of City's water utility system and the
owners of the Property, that the water main be relocated and the Easement Area be released
and abandonned; and
WHEREAS, to ensure that the water main is relocated with minimal disturbance to the
City water utility system, City is willing to perform the relocation of the water main and
Lennar is willing to pay the City the Reimbursement Amount (as hereafter defined) for
relocation of the water main.
NOW, THEREFORE, the parties hereto do hereby agree, in consideration of the above, and
the promises and undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set
forth below.
2. City agrees to retain the services of RCM Utilities or other qualified contractor
to compete the relocation of the water main and related improvements (hereinafter the
"Relocation Work" in accordance with the plans dated September 10, 2020 by P.E. BESH
HALFF and incorporated herein by reference and in accordance with the RCM Scope of
Services attached hereto and incorporated herein as Exhibit "B"
3. Lennar agrees to pay City NINETY SEVEN THOUSAND EIGHT
HUNDRED TWENTY FIVE and NO/100 DOLLARS ($97,825.00) (the "Reimbursement
Amount") for the completion of the Relocation Work.
4. Lennar shall pay City the Reimbursement Amount in installments as follows:
a) Fifty (50) percent of the Reimbursement Amount or $48,912.50 within
ten (15) days of the effective date of this Agreement.
b) Twenty-five percent of the Reimbursement Amount or $24,456.25
within ten (10) days of City providing written notice to Lennar that the Relocation
Work is 75% complete.
c) The balance of the Reimbursement Amount or $24,456.25, within ten
(10) days of City providing written notice to Lennar that the Relocation Work is
substantially complete.
d) In addition to the foregoing and as a guarantee for the Reimbursement
Amount hereunder, Lennar shall within ten (10) days of the effective date of this
agreement, provide to City a Performance Bond, backed by a surety or letter of credit
in the amount of 50% of the Reimbursement Amount. The Performance Bond and
surety guarantee or letter of credit shall be in a format acceptable to City.
e) In lieu of the bond provision herein, Lennar may elect to pay to the
City, the full sum of the Reimbursement Amount to be held in Escrow by City and
applied in strict accordance with the payment installment provisions set forth in this
Paragraph 4.
5. This agreement shall be binding upon the parties, their successors and assigns.
6. City or its contractor shall obtain permits and approvals required to complete
the Relocation Work, including all access rights and easements that may be reasonably
required. Upon completion of the Relocation Work, City shall restore the Property and any
and all improvements thereon, including the home, to the condition it was in prior to the
commencement of the Relocation Work.
7. Upon completion of the Relocation Work and payment to City of the
Reimbursement Amount, the City shall record in the public records of Lake County, Florida, a
release of all public rights, including but not limited to, rights of access and maintenance of
access and utility improvements to the Easement Area.
8. In the event it is necessary for City to maintain any action to enforce the
payment obligations of Lennw hereunder, the prevailing party in such action shall be entitled
to recover its reasonable attorney's fees and cost whether incurred at trial or appeal.
9. Any action to enforce this agreement shall be brought in a competent court of
jurisdiction in Lake County, Florida
10. This agreement shall take effect as of the date that it is last signed by the
signatories below.
IN WITNESS WHEREOF, the patties have executed this agreement as of the dates set
forth below.
A ST:
,f.
NbrT; y �Ccl o?d owe, City Clerk
CITY OF CLERMONT
Susan Dauderis, Interim City Manager
Date:�,1Ti f� 1 QD a -
ATTEST (by Duly Authorized Officer): LENNAR HOMES, LLC,
A Florida ' 'ted Liability Company
Brock aiolas�, Vice President
Date: A0 1D
EXHIBIT "A"
EASEMENT AREA (WITH RELEASE AREA NOTED)
LOT BIB FOUND NO u 518;
RIDGIE PK4M 1 � �y L, (P) Sir
FB 40, PG 73 FOUND 494 '� •
t AREA UNDER HOME TO BE cm400)
RELEASED FROM EASEMENT
UPON COMPLETION. ."'.►
(PARAGRAPH') OMAG
NAIL WAM
aM+F
DERGROUND.,A
WATER UNE
r .r Vp
TO t FOUND MAO
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4
AS TI
IL 44, --
w T LOT 12 WtlfiFHALL. AT fi14
IONGS IDDGE PHASE 3 FOUIM MAO
r ' P8 44, PG 73 NAIL
JE '� *0 ALT, :37W52 ;
BOB13Y & GERAL.DINE
DAYIS, TRUSTEES
FOUND SIN' IRC {I.8 OR8 2M. PG 395
SURWYORS NOTE:
A. THE UNDEROROUNO WATERLINE SNOWN HEREON WAS DELINEA
THE CITY OF CLERWNT. THE WATERLINE AS DEPICTED ON THIS SUR4
Y i REGULT OF LOCATIM OF ABOVEGROUND FLAGGING Evfl3ENa
WATERLINE.FIE
B. ONLY IMPRWEMENTS LYING GENERALLY AROUND THE NORTH 1
EXISTING RESIDENCE WERE LOCATED BY THIS SURVEY.
• 1 I 1 nT / A vn4n
wo II: I VW
SCOPE OF SERVICES
RCM Utilities to supply all materials, equipment and labor to relocate a 12" water main
on Winsley St. as follows.
- Demolish and remove the existing driveway.
- Excavate and install 125' +/- of 12" ductile iron pipe at 36" cover with blue tracer wire
and bury tape.
- Pressure Test / Super Chlorinate / Bacteriological Sample the new water main per
AWWA standards.
- Terminate the new water main at both specified points of connection.
- Grout fill and abandon the 12" water main under the existing home, MJ cap on both
ends.
- Backfill, compact and restore the site. With new driveway and sidewalk, irrigation
repairs and new sod. PVC fencing to be taken down and put back up after installation.
**NOTES**
- All shutdowns / notices by COC.
- RCM Utilities warrants all supplied materials and workmanship to be free of defects
for a period of one year after installation.
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