2005-08Halle Properties
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WATER 8~ WASTEWATER SERVICE AGREEMENT
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THIS AGREEMENT ("Agreement") is entered into as of the 22 day of March, 2005, between
THE CITY OF CLERMONT, a Florida municipal corporation, (the "City"), and DISCOUNT TIRE
COMPANY, and its successors and assigns (the "Owner").
WITNESSETH
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Whereas, the Owner is proposing to develop a tire sales and service 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 situated as an outparcel to an overall larger development owned by
Sundev Properties and located in the unincorporated area of Lake County; and
Whereas, the Property is located in the Joint Planning Area established by Lake County and
the City; and .
Whereas, the Owner is requesting water and sewer service from the City; and
Whereas, Sundev, as part of its overall site plan and infrastructure, has made water and sewer
connections available to the Property; and
Whereas, the Owner needs to install lateral connections to the water and sewer stubs located
at the Property in order to connect to the City's water and sewer supply; and
Whereas, as a condition of the provision of water and sewer service to the Property by the City,
the Owner agrees that this Agreement shall constitute an unconditional application to annex the
Property into the City of Clermont, if the City chooses to do so.
NOW THEREFORE, in consideration of the mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct, are hereby incorporated
herein by reference, and form a material part of this Agreement. All exhibits to this Agreement
are hereby deemed a part hereof.
Section 2. Water and Sewer Service.
2.1 The City shall provide water and sewer service for the Property.
2.2 The Owner shall connect to the existing City system at tMe~•connection points (or
stubs) already existing at the Property.
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2.3 No Certificate of Occupancy shall be issued until the Owner completes the lateral
connections to the City's water and sewer system.
Section 3. Development Standards.
3.1 The project shall be developed according to the City's Land Development
Regulations unless otherwise stipulated in this Agreement or subsequent amendments
to this Agreement.
3.2 The Owner will ensure that the City's waterline has a minimum cover of three (3)
feet and a maximum of six (6) feet deep from the final surface of the ground.
3.3 The Owner will not be eligible to obtain a certificate of occupancy (CO) until the
infrastructure has been completed and accepted by the City of Clermont for the overall
Sundev development.
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Section 4. Annexation. The Owner agrees that the City may annex the Property into the
City of Clermont if the City, in its sole discretion, chooses to do so. In conjunction herewith, the
Owner shall provide to the 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 County
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 described in Exhibit "A" and shall be accompanied, at the Owner's expense, by a
current certificate of title or opinion letter acceptable to the City and issued by a licensed title
company or attorney identifying all owners in interest of the real property. All land transfers by
the 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 5. 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 6. 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
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
OWNER
Discount Tire Company
Attn: Chad Gorman
20225 N. Scottsdale Rd
Scottsdale, AZ 85255
Page 2
With copy to:
• Dan Mantzaris
City Attorney
Post Office Box 87
Orlando, FL 32802-0087
With copy to:
Jimmy D. Crawford, Esquire
Gray Robinson
Post Office Box 120848
Clermont, FL 24712-0848
Section 7. Amendments. Any amendment to this Agreement is not effective unless the
amendment is in writing and signed by all the parties.
Section 8. 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 OF CLERMONT
ATTEST:
• rold . Turville Jr., Mayor
~ 9
/!
Tracy AckroydTracy `C'ity Clerk
OWNER
Page 3
Name: ~~ J f~ V~J A-t~~~.1~~
Its: ~~
STATE OF F~ ~.I~I~+
• COUNTY OF m1~-1~~
I HEREBY CERTIFY that on this day, before me, an offsc~r~du~ly authorized to administer
oaths and tie acknowledgments, ~grson~ll ~ red 1.~1D1Q 1 ~~~Irll~Iti1(~I(~}1T as
Self (X y 1(C i'f~e~~~q}-of ' ., ,who
provided identification in the form of - - or who is personally known to be
the person described in and who executed the foregoing, and tha a acknowledged before me
that he executed the same.
Witness my hand and official seal this __L:.L day of , 2005.
_ __ ~- -~ - ~. TT __
f~F -I~I}~LSE L~..~
KATHY F?ET~R~
; NOTARYPUBLIC-ARI20NA
MARICOPA COUNTY
Fvty Camm. Expires July 26, 2l)C7 ~ Otary PUbIIC
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Page 4
EXHIBIT "A"
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A parcel of land being a portion of Tract 12, HARTLE'S REPEAT,
according to the plat thereof as recorded in Plat Book 12, Page
45, Public Records of Lake County, Florida, lying North of State
Road 50, Less the right of way for County Road 455. Said parcel
being more particularly described as follows:
COMMENCE at the Northeast corner of the Northwest ~ of Section
26, Township 22 South, Range 26 East, Lake County, Florida and
run South 00°43'09" West, along the East line of said Northwest
~, for a distance of 657.36 feet to a point of intersection with
the Easterly extension of the North line of said Tract 12; thence
run North 89°05'29" West, along the Easterly extension of and the
North line of said Tract 12, for a distance of 50.00 feet to a
point on the West right of way line of County Road 455, according
to Official Records Book 1978, Page 908, Public Records of Lake
County, Florida; thence run South 00°43'09" West, along the West
right of way line of said County Road 455, for a distance of
457.17 feet to a point on the North right of way line of State
Road 50, according to the Florida Department of Transportation
Right of Way Map Section number 11070-2505; thence run North
88°53'40" West, along said North right of way line, for a
distance of 175.42 feet; thence run South 00°43'09" West, along
said North right of way line, for distance of 38.00 feet; thence
• run North 88°53'40" West, along said North right of way line, for
a distance of 87.78 feet to the POINT OF BEGINNING; thence
continue North 88°53'40" West, along said North right of way
line, for a distance of 185.00 feet; thence run North 01°06'20"
East for a distance of 282.34 feet; thence run South 89°05'29"
East for a distance of 185.00 feet; thence run South O1°06'20"
West for a distance of 282.97 feet to the POINT OF BEGINNING.
Contains 1.200 acres, more or less.
Page 5
EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
City Manager
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 22 day of March, 2005, between Discount Tire
Company, of the County of Lake, State of Florida Grantor, 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 00/100 ($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:
SunDev Property -Parcel 5
A parcel of land being a portion of Tract 12, HARTLE' S REPEAT, according to the plat thereof
as recorded in Plat Book 12, Page 45, Public Records of Lake County, Florida, lying North of
State Road 50, Less the right of way for County Road 455. Said parcel being more particularly
described as follows:
' ~ ~ COMMENCE at the Northeast corner of the Northwest'/4 of Section 26, Township 22 South,
• Range 26 East, Lake County, Florida and run South 00°43'09" West, along the East line of said
Northwest'/4, for a distance of 657.36 feet to a point of intersection with the Easterly extension
of the North line of said Tract 12; thence run North 89°05'29" West, along the Easterly
extension of and the North line of said Tract 12, for a distance of 50.00 feet to a point on the
West right of way line of County Road 455, according to Official Records Book 1978, Page 908,
Public Records of Lake County, Florida; thence run South 00°43'09" West, along the West right
of way line of said County Road 455, for a distance of 457.17 feet to a point on the North right
of way line of State Road 50, according to the Florida Department of Transportation Right of
Way Map Section number 11070-2505; thence run North 88°53'40" West, along said North right
of way line, for a distance of 175.42 feet; thence run South 00°43'09" West, along said North
right of way line, for distance of 38.00 feet; thence run North 88°53'40" West, along said North
right of way line, for a distance of 87.78 feet to the POINT OF BEGINNING; thence continue
North 88°53'40" West, along said North right of way line, for a distance of 185.00 feet; thence
run Nor`~h O1°06'20" East for a distance of 282.34 feet; thence run South 89°05'29" East for a
distance of 185.00 feet; thence run South O1°06'20" West for a distance of 282.97 feet to the
POINT OF BEGINNING.
Contains 1.200 acres, more or less.
Grantor 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.
• PROPERTY OWNE
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Type or print name
2.
Signature
Type or print name
STATE OF A
WITNI
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T\yp\e~ or print n1~ame
S' ature
Type or print nyaym~ e
COUNTY OF 1 I I~ ~A
e foregoing instrument wa acknowled ed before me on this ~ J`/
~ L 20.5, by ~ I nor i~h~
personally known to me or who has produced ~ °~
as identification and who did not take an oath. - - -
day of
who is
tfAfihlY~ PETERS
_ NOTARYPUBtiC-ARIZQNA
^ MARICOPA COUNTY
~y Comm. Expires Juiy 2fi, 207
6FFI~IAI~E L
KATHY PETERS
NOTARY PUF]LIC-ARIZONA
MARICOPA COUNTY
•' My Comm. Expires July 26, 2007
SEAL: ~-
Notary Public Type/print name ~.~
Pursuant to Section 695.29(3)(f): this ent exempt from Chapter 695, F.S.,; Prepazed by a Public Officer, City Attorney, City of
Clermont, Florida 34712
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CERTIFIED COPY OF RESOLUTIONS
OF
HALLE PROPERTIES, L.L.C.
An Arizona Limited Liability Company
The undersigned hereby certifies that he is agent for the managing member of Halle
Properties, L.L.C., an Arizona Limited Liability Company, hereinafter referred to as the
"Company", and that the following is a full, true and correct copy of resolutions duly adopted by
the Members of said Company and that this resolution is in full force and effect and has not been
amended, suspended or repealed.
RESOLVED, that Daniel S. Wainwright is agent of Halle Properties, L.L.C.,~and in
such capacity, is authorized to sign any and all documentation necessary for obtaining
utilities and other transactions relating to the construction of the building to be used as a
Discount Tire Co. store in the State of Florida.
IN WITNESS WHEREOF, I have hereunto set my hand on the day and year stated herein.
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HALLE PROPERTIES, L.L.C.
An Arizona limited liability company
By: Wilanna, Inc., an Arizona corporation,
Managing Member
~~~
y: James Silhasek
Its: Agent
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
Before me, the undersigned Notary Public, on this 28`h day of February, 2003, personally
appeared James Silhasek, who acknowledged to be agent of Wilanna, Inc., an Arizona corporation,
the managing member of Halle Properties, L.L.C., and that he, being authorized so to do, executed
the foregoing instrument for the purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
OFFICIAL SEAL
,~ STEPHANIE HELFMAN
NOTARY PUBLIC-ARIZOPIA ~,
MARICOPA COUN iY
"~ ~ My Comm. Fires Feb. 19, 20Co
My Commission Expires: ~-- ~ ~ O ~
Notary Pub
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