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2007-27United Rentals North America U Haul Co. of Florida l~et~:rn to: Ci+.~~ ~f Clermont /~ City Clem t'.:~. l~a~: 128219 Clertr;ont, 1~L 34712-0219 I lulls llal ulll tall lttll um uln Illll tilt will lal Inl +1Fht 2ii+i7i~r~;~fJu';` E'.4: ~+34t~ F'~s 1u~t•`~ - 1E,71P +.TP9s} UATEw iJ7i~11r`'~+:t+)7 ii~%+~+r:,:~4~ AI'I _lAhtES {. WATh:.l'I~Sr t:LERK. Uf° t":OURT LAKE +=[1UhtT'f ~~EC:~~~c~~h~r3 FEES r,1.n~+ 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 United Rentals (North America), lnc. and its successors or assigns, hereby referred to as OWNER. WITNESSETH whereas, OWNER is requesting service to an existing equipment rental business 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 unincorpora#ed 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 and constructed in accordance with the minimum requirements of CITY Land Development Regulations and to meet the flow demands for the subdivision; 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 C[TY, OWNER agrees that this Agreement shall constitute an unconditional application to annex the 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 approved by CITY. 1.3 The route of any off site lines shall be according to engineering plans produced by OWNER and approved by the CITY. 1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development and provide such documentation necessary for the CITY fo ascertain that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. Page 1 1.5 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. 1.6 The OWNER shall be responsible for the construction of all on site and off site lines and appurtenances to serve the project. No building permits shall be issued until water and sewer are provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to guarantee completion of off-site improvements. No Certificate of Occupancy shall be issued untN water and sewer extensions have been completed and accepted by the CITY. 1.7 The OWNER shall be responsible for all costs of on site and off site improvements, including but not Ilmited to design, material, permitting and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to serve the Property. 1.8 The CITY shall be responsible for the difference in cost of materials to oversize the line if the CITY chooses to oversize based on plans and cost estimates provided by OWNER to CITY, and approved in advance by the CITY. 1.9 The OWNER shall provide to the CITY a cost estlmate for materials for the minimum size lines and appurtenances and a cost estimate #or materials for the approved oversize. Cost estimate shall be contractors bid as certified by OWNER'S project engineer. The CITY shall review and either approve or reject the costs. 1.10 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 1.91 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 of# site, required to serve the Property, with reimbursement for the difference in costs as determined in Section 1.9 from the CITY in the form of Impact Fee Credits. 1.12 The Impact Fee Credits shall be established subject to Sections 1.9 and 1.11, and at the time of issuance of each building permit by applying the then current impact #ee, which shall be deducted from the Impact Fee Credit balance until credit is used. 1.13 Impact Fee Credits may not be transferred outside of the Property described on Exhibit `A` but may be assignable to any heirs, assigns or successors in interest or title to part or all of said Property. 1.14 The OWNER shall be responsible for aU applicable fees including but not limited to impact fees, connection fees and permitting fees. Section 2. DEVELOPMENT STANDARDS The project shall be developed according to the JPA Land Development Regulations. Items not addressed in the JPA Land Development Regulations must be developed to City standards unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Page 2 The quality of this image is equivalent to the quality of the original docunnent. Se i n .ANNEXATION 3.1 OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of Encumbrance To Annex Property in a form substantially in compliance with the form set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake Councy whereupon it is agreed it shall serve as an enforceable encumbrance on the real property described In Exhibit "A". The Notice of Encumbrance shall be executed by all owners of the real property describe din Exhibit "A" and shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued by a licensed title company or attorney identifying all owners in interest of the real property. All land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a covenant to run with the land. Section 4. SEVERABILITY fn 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 parry to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: CITY City of Clermon# City Manager P.O. Box 120219 Clermont, FI 34712-0219 OWNER United Rentals (North America), Inc. Five Greenwich Of#ice Park Greenwich, Connecticut 06831 Attn: Legal Department -Real Estate Section .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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through its City Manager, authorized to execute same by City Council action, and OWNER through its Senior Vice President. DATED this ~ day of ~(~~~ , 2007. Page 3 The quality of this image is equivalent to the quality of the original document. CITY OF CLERMQNT ~, . ~_,~~ Harold S. Turville Jr., Mayor OWNER: United Rental (North America), Inc. A Delaware Corporation Print Name STATE OF CALIFORNIA COUNTY OF ORANGE 4 ~,-, ATTEST: J, ~, /2~~ . , racy Ac~iroyd, City (Clerk Title: Senior Vice President I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Steven E. Nadelman, as Senior Vice President of United Rentals (North AmericaL Inc ,who provided identification in the form of N A or 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 1,~ day of , 2007. DYANN ARMBRUSTER Commission # 1608425 _-- _m ~ Notary Public -California ~ Notary Public ~ . Orange County My Comm. Expires Sep 22, 2009 Page 4 The quality of this image is equivalent to the quality of the original document. EXHIBIT "A" PROPERTY DESCRIPTI01~ Parcel I D: 09-22-26-110002300040 A dress: 13650 Granville Ave. Clermont FL. 34711 Acreage: 3.5 Alternate Key #: 1453321 Legal Description: LAKE HIGHLANDS 26-22-26 FROM INTERSECTION OF W LINE OF TRACT 24 & S LINE OF HWY 50, RUN N 89DEG 36M1N 35SEC E 532.57 FT TO POB, CONTINUE N 89DEG 36MIN 35SEC E 466.57 FT TO E LINE OF W 112 OF TRACT 23, S OODEG 51 MIN 34SEC E ALONG SD E L[NE 326 FT, S 89DEG 36MIN 36SEC W 466.36 FT, N OODIrG 53M[N 49SEC WTOPOBPB3PG52 ORB 3162 PG 923 The quality of this image is equivalent to the quality of the original document. EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 9 day of May, 200b, between United Rentals (North America), Inc, of the County of Lake, State of Florida Granter*, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee': WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and QO/100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below -described real property situate, lying and being in Lake County, Florida with the absolute requirement that the subject real property may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the City of Clermont at such time that the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be} then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: EXHIBIT ~~A" Gxantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. The quality of this image is equivalent to the quality of the original document. PROPERTY OWNER(S): WITNESSES (Two required}: United Rentalort~ America), Inc. Signature ven E. N Signature . Vice P n I. ('P-~ ~~P. f: I'"Lt?~ VI Type or print name Type or print name ~. sy: i. 1.~" - G ~-~- Signatuxe S e ~~ e Type or print name Type or print name STATE OF CALIFORNIA COUNTY OF ORANGE The foregoing instrument was acknowledged before me on this ~ day of June, 2x07, by Steven E. Nadelman, as Senior Vice President of United Rentals (North America), Inc., a Del ware corporation, who is personally known to me or who has produced ~~~ as identification and who did not take an oath. Notaxy Pursuant to Section 695 CLennont, Florida 34712 Type/print name /~IYI ~7rl~S~°I" this instrument exemptfrom Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of ~DYANN~~TER Commission # 1608425 ~ .,,® Notary Public - Caiitornia z ~ Orange County MY Comm. Expires Sep 22, 2009 The quality of this image is equivalent to the quality of the original docur~tent.