1994-33
8
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STATE OF FLORIDA
PUBLIC SERVICE COMMISSION
IN RE:
Application of LAKE HILLS
UTILITIES, INC. to Amend
Water Certificate Number
5l2-W to Expand Its Service
Area
DOCKET NO. :
91ll39-WU
STIPULATION
THIS STIPULATION is made and entered into among LAKE HILLS
UTILITIES,
INC., a Florida corporation, whose mailing address is
Post Office Box 9l5389, Longwood, Florida
3279l ("Lake Hills") and
the CITY OF CLERMONT,
whose mailing address is Post Office Box
1202l9, Clermont, Florida
347l2-02l9 (the "City").
WITNESSETH:
WHEREAS,
LAKE HILLS is in the business of providing water
utility service in Lake County, Florida; and
WHEREAS, LAKE HILLS submitted an application to the Florida
Public Service Commission to expand its service area pursuant to
that certain Application for Amendment of Certificate Number 5l2-W
(the "Application"); and
WHEREAS, by letter dated February 17, 1994, the City notified
the Florida Public Service Commission of
its objection to the
Application; and
WHEREAS,
the City and Lake Hills have reached an agreement
regarding the City's objection (the "Agreement").
146428\IRVINTL
.
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NOW
THEREFORE,
for
and
ln
consideration
of
the
mutual
covenants and agreements set forth herein,
the parties agree as
follows:
1.
It will take nine
(9 )
months for the City to perform
certain of its obligations under the Agreement reached by the City
and Utility.
During that nine (9) months period, which will begin
on September 28,
1994, and will terminate on June 28,
1995, Lake
Hills and City agree to a continuance of the Application filed by
Lake Hills for expansion of its water service area during such nine
(9) month period (the "Continuance").
2.
The City and Utility hereby agree that their conduct and
actions shall be governed by the Agreement entered into between the
City and Lake Hills dated September 28, 1994.
3.
If prior to the end of the Continuance the City has
installed a wastewater collection system as required by Paragraph
6 of the Agreement, then the Utility shall withdraw its Application
for expansion of its water service area.
If however, at the end of
the
Continuation
the
City
has
not
installed
the
wastewater
collection system, then Lake Hills shall be entitled to revive its
Application before the Public Service Commission to expand its
water service area as provided for in the Application, and the City
agrees not to object to such expansion.
146428\IRVINTL
2
LOWNDES.
DROSDICK
DOSTER
KANTOR &
REED, P.A.
Attorneys at Law
eL Droswck Miranda F. Fitzgerald Joseph A, Lanee Gary R. Soles John G, Morns
\-_J6-1982) Thomas E, Francu R. Kunhark Lee James M, Spoonhour Samuel M Nel,on
Julia L Frey John F Lowndes' Scott C. Thompson T, Todd Pittenger
James BalJeua Louu Frey,Jr Timothy J, Manor Juhan E, Whrtehunt Patrick K. RInka
Willwn A, Beckett Barry L Goff Daniel F, McIntosh Jon C. Vergler Mark D. Scimeca
William R. BU'd,Jr, Aaron J GorOVltz H, Gregory McNeill Terry C. Voung T, AustIn Sunmom
Matthew G Brenner Lmda C, Hankm' David E, Peterson Wendy L Spitler
Dale A Burket Jam.. F, Heekm, Jr N,cholas A Pope Casey M, Cavanaugh Chrutopher p, T"'ltore
CharI.. C. Carrmgton Robert F, H,""" Sbawn G, Rader Glmton R. Dar...., Jr. James S Toscano
W, Terry Co,tolo Loran A, Jobmon Morey Raiskm Ter..a B. Fmer DaVId G, Williford
Janet M Courtney Gary M IWeiu Jobn A. Reed, Jr. Darrell D, Garvey
WílIwn E. Doster Hal H Kantor Mlcbael Ryan James J. Hoctor
Willwn T, Dymond, Jr Jam.. G, Kanelmann Margaret H. Schreiber Peter L Lopez Of Coumel,
Ricbard J, Fildes Jooepb G, Kern Cleatou, J Simmons Bryan T, McCuUy Matthew E, BeaI
September 29,
1994
Mr. Leonard H. Baird, Jr.
Attorney at Law
P. O. Drawer 121066
Clermont, Florida 34712
Re:
Utility Agreements
Dear Len:
The enclosed Agreements have been executed by Robert A.
Mandell, as President of MAK Development, Inc. in the case of the
Utility Service Agreement with the City, and as President of Lake
Hills Utilities, Inc. in the case of the Wholesale Agreement with
the City. I understand that the enclosed Agreements have been
approved by the City of Clermont and that the City will now execute
them.
Please return two of each of the Agreements to me after they
have been executed by the City. If the City does not execute them
by October 7,1994, please return all of the enclosed Agreements to
me.
I am also enclosing a Stipulation for Continuance with respect
to matters regarding franchise area expansion before the PSC.
Thank you for your help.
JFL:djrn
Enclosures
c: Mr. Robert
Yo s ry truly, . -~
eh F, Lewn es f~L.- K ~
~ Jt~ '1 e--
~~ a-~ ,ùl~ .
215 NORTH EOLA DRIVE' pOST O:~:OX 2111J9 . OR1. FLORIDA 32802 (~JijJ
TELEPHONE 407-843-4600. FAX 407-423-4495 ~~
ME\lBER OF CO\I\1ERClAL LAW AFFILIATES WITH OFFICES I~ PRINCIPAL CITIES WORLDWIDE
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STATE OF FLORIDA
PUBLIC SERVICE COMMISSION
IN RE:
Application of LAKE HILLS
UTILITIES, INC. to Amend
Water Certificate Number
5l2-W to Expand Its Service
Area
DOCKET NO. :
91ll39-WU
STIPULATION
THIS STIPULATION is made and entered into among LAKE HILLS
UTILITIES,
INC., a Florida corporation, whose mailing address is
Post Office Box 9l5389, Longwood, Florida
3279l ("Lake Hills") and
the CITY OF CLERMONT,
whose mailing address is Post Office Box
l202l9, Clermont, Florida
347l2-02l9 (the "City").
WITNESSETH:
WHEREAS,
LAKE HILLS is in the business of providing water
utility service in Lake County, Florida; and
WHEREAS, LAKE HILLS submitted an application to the Florida
Public Service Commission to expand its service area pursuant to
that certain Application for Amendment of Certificate Number 512-W
(the "Application"); and
WHEREAS, by letter dated February l7, 1994, the City notified
the Florida Public Service Commission of
its objection to the
Application; and
WHEREAS,
the City and Lake Hills have reached an agreement
regarding the City's objection (the "Agreement").
146428\IRVINTL
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NOW
THEREFORE,
for
and
in
consideration
of
the
mutual
covenants and agreements set forth herein,
the parties agree as
follows:
1.
It will take nine
(9 )
months for the City to perform
certain of its obligations under the Agreement reached by the City
and Utility.
During that nine (9) months period, which will begin
on September 28, 1994, and will terminate on June 28, 1995, Lake
Hills and City agree to a continuance of the Application filed by
Lake Hills for expansion of its water service area during such nine
(9) month period (the "Continuance").
2.
The City and Utility hereby agree that their conduct and
actions shall be governed by the Agreement entered into between the
City and Lake Hills dated September 28, 1994.
3.
If prior to the end of the Continuance the City has
installed a wastewater collection system as required by Paragraph
6 of the Agreement, then the Utility shall withdraw its Application
for expansion of its water service area.
If however, at the end of
the
Continuation
the
City
has
not
installed
the
wastewater
collection system, then Lake Hills shall be entitled to revive its
Application before the Public Service Commission to expand its
water service area as provided for in the Application, and the City
agrees not to object to such expansion.
146428\IRVINTL
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IN WITNESS WHEREOF, the parties have executed thi
Stipulation
in manner and form sufficient to bind them.
Signed, sealed and delivered
in the presence of:
146428\IRVINTL
Date, /¥~,J,f, /'l.9'j
"LAKE HILLS"
CITY OF CLERMONT
/ I
By: L
Wayne aunders, City Manager
Date:
vvÝ. ~I Ie¡) r
"CITY"
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UTILITY SERVICE AGREEMENT
THIS AGREEMENT entered into this ~ r ~ day of /¥'
1994 by and between the CITY OF CLERMONT, FLORIDA, a municipal
subdivision of the State of Florida (hereinafter referred to as the
"City") ,
and
MAK
DEVELOPMENT,
INC. ,
a
Florida
corporation
(hereinafter referred to as the "Developer").
WITNESSETH:
WHEREAS, the City is in the business of providing water and
wastewater service to residential users in the City of Clermont and
its surrounding areas; and
WHEREAS, the Developer is the contract purchaser of two (2)
tracts of presently vacant property on Hancock Road in Lake County,
Florida, more particularly described in Exhibit "A" attached hereto
(the "Knapp Property"); and
WHEREAS, the Developer intends to develop the Knapp Property
in several stages into approximately three hundred and twenty-five
(325)
residential lots
(the "Lots"),
and two hundred fifty-five
thousand (255,000) square feet of commercial space; and
WHEREAS,
the Developer has requested that the City provide
water and wastewater service to the Lots to be developed on the
Knapp Property; and
WHEREAS, the City has agreed to provide such service under the
terms and conditions contained in this Agreement.
NOW THEREFORE,
in consideration of the premises hereof and
other good and valuable consideration, the receipt and sufficiency
of
which
is
hereby acknowledged,
the parties
hereto
agree as
follows:
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1.
The City shall have available in the right -of -way of
Hancock Road adjacent to the Knapp Property adequate facilities to
provide water and wastewater service to the Lots and commercial
parcels
to be developed on the Knapp Property wi thin nine
(9 )
months of the date of this Agreement.
The City shall provide water
and wastewater service to said Lots and commercial parcels through
these facilities and the on-site facilities to be constructed by
the Developer.
2.
The Developer shall design, construct and install an on-
site water distribution system, wastewater collection system and
their connection to the lines in Hancock Road for the Lots and
commercial parcels to be developed on the Knapp Property (the "On-
Site System").
The On-Site system shall be designed to the City's
standards and good engineering standards approved by the City.
As
the phases of the On-Site System are completed, the Developer shall
convey such phases of the system to the City,
at no cost to the
City, and the On-Site System shall belong to the City and shall be
maintained by the City.
3.
The Developer shall pay the City impact
fees
for the
water and wastewater service that the City will provide to each Lot
and commercial parcel to be developed on the Knapp Property.
The
wastewater impact fee shall be the same impact fee which the City
charges to other customers of the wastewater treatment plant which
will serve the Lots and commercial parcels.
The water impact fee
which the Developer shall pay to the City shall be the fee charged
by Lake Hills Utilities,
Inc.
to the City for water connections
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(the "Connection Fee"), together with the City's interim service
fee of THREE HUNDRED TWELVE DOLLARS ($3l2.00)
(the" Interim Service
Fee") .
The Lake Hills Utilities, Inc. Connection Fee, by approval
of the Florida Public Service Commission ("FPSC") , may be adjusted,
in
which
event,
the
Developer
agrees
to
pay
the
prevailing
Connection Fee so approved by the FPSC for those units purchased
after the effective date of the adjusted Connection Fee.
In the
event that the City ceases to obtain the water supply to serve the
Lots
and
the
commercial
parcels
to be
developed on
the
Knapp
Property from Lake Hills Utilities, Inc., and the City is no longer
required to pay the Lake Hills Utilities, Inc. Connection Fee, the
Developer shall not be required to pay the Lake Hills Utilities,
Inc. Connection Fee to the City.
The Developer will continue to be
required to pay the City's Interim Service Fee.
4.
Wi thin nine
(9 )
months of the effective date of this
Agreement,
or
at
the
time
the
City
has
water
and
wastewater
facilities
existing and available
to
serve
the
Knapp
Property
adjacent to the Knapp Property in Hancock Road, whichever is later,
the Developer shall pay to the City wastewater impact fees for the
first one hundred (100) Lots.
Thereafter, the Developer shall pay
for water and wastewater impact fees at the time of application for
a building permit, except that water impact fees will be paid to
the City at such time as the City shall pay water connection fees
to
Lake
Hills
Utilities,
Inc. ,
if
sooner
than
the
time
of
application, but, in any event, prior to connection of the Lot or
parcel to the On-Site System.
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5.
The Developer agrees that it will request the City to
annex the Knapp Property into the City within nine
(9) months of
the effective date of this Agreement, or when the City begins to
provide
the
Knapp
Property with water and wastewater
service,
whichever is later; provided the Knapp Property is contiguous to
other City property so that it is eligible for annexation.
6.
In
the
event
the
City
shall
fail
to
have
water
and
wastewater
facilities
in
Hancock
Road
adjacent
to
the
Knapp
Property which have the capacity to provide water and wastewater
service to the Lots to be developed on the Knapp Property, on or
before nine
(9) months from the date hereof,
the Developer shall
have the right at any time thereafter until said facilities are so
available to terminate this Agreement.
If the Developer terminates
this
Agreement
because
of
the
City's
failure
to
provide
such
service,
it shall have the right to obtain water and wastewater
service to the Lots from a private utility company or companies
regulated by the FPSC.
7.
The Developer agrees that all of the residents of the
houses to be constructed on the Lots on the Knapp Property shall be
water and wastewater customers of the City.
The City shall serve
said
customers
for
such water
and wastewater
rates
which
are
uniform with respect to those rates charged to other customers who
are similarly situated.
8.
This Agreement shall be binding upon and shall inure to
the benefit of the City, the Developer and their respective assigns
and corporate successors by merger, consolidation or conveyance.
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All notices provided for herein shall be in writing or by
telegram, and shall be mailed by registered or certified mail or
9.
delivered to the addresses shown below,
which addresses may be
changed by either party giving proper written notice to the other
as provided herein.
Developer:
MAK Development, Inc.
P. O. Box 3873
Longwood, Florida 32791
City:
City of Clermont, Florida
P. O. Box l202l9
Clermont, Florida 34712-02l9
10.
This Agreement shall be governed by the law of the State
of Florida, and it shall be and become effective immediately upon
execution by both parties hereto.
IN WITNESS WHEREOF, the City and the Developer have executed,
or
have
caused
this
Agreement
to
be
executed,
in
several
counterparts,
each of which counterpart shall be considered an
original copy of this Agreement.
Signed, Sealed and Delivered
in the presence of:
~ 1 L J¡;1, -.~~
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CITY OF CLERMONT, FLORIDA
By,m ÔP~
(SEAL)
~&ø;~
~ð(~
By:
Rob
(SEAL)
138274\MADDOXDJ
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EXHIBIT "A"
to Utility Service Agreement by and between
the City of Clermont, Florida and
MAK Development, Inc.
Tracts 19 and 20 of the map of property of Lake Highlands
Company of Florida, recorded in plat Book 2, Page 28, of
the Public Records of Lake County, Florida. Subject to
rights-of-way for State Highway No. 50 and Hancock Road.
Approximately 19.83 acres:t. (Commercial)
AND
Tracts 29 through 34, inclusive, of the map of property
of Lake Highlands Company of Florida, recorded in Plat
Book 2, Page 28, of the Public Records of Lake County,
Florida. Subject to right-of-way of Hancock Road.
Approximately 59.52 acres:t. (Residential)
AND
The West l/2 of the Northwest l/4 of the Southwest 1/4 of
-the Northwest 1/4 of Section 27, Township 22 South, Range
26 East, Lake County, Florida. Less rights-of-way for
State Highway No. 50 and Hancock Road. Approximately
4.21 acres:t. (Commercial)
AND
The Northwest 1/4 of the Southwest 1/4; and the South 1/2
of the Southwest 1/4 of the Northwest l/4, all in Section
27, Township 22 South, Range 26 East, Lake County,
Florida. Less right-of-way for Hancock Road. Approxi-
mately 59.07 acres:t. (Residential)
131935\MADDOXDJ