2005-20Drew's Landing
hammock pointe
drew's Estates
hammock reserve
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~~ ~~~ Y >,~ `~~~`~ WASTEWATER SERVICE AGREEMENT
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This document constitutes an agreement between the CITY of Clermont, hereby referred to as
• CITY, a municipality of the State of Florida, and Michael D. Dinkel,and its successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is proposing to develop a 198 residential subdivision named Drew Estates /
Drew's Landing, 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 unincorporated area of Lake County and the OWNER
is requesting sewer service from the CITY; and
Whereas, as a condition of CITY providing said sewer service to the Property, OWNER is to
extend 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 sewer service to the Property by the CITY, 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 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 SEWER -Each and all of the foregoing premises are
incorporated into and constitute a part of this Agreement.
1.1 Subject to the terms and conditions stated herein, CITY shall provide 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 to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations. 'illiitiillill~Illtillliiliia,itl(1,1!li;iiltifti~i lfi!!
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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 sewer is
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 until 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 limited 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 estimate for materials for the minimum
size lines and appurtenances and a cost estimate for 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.
• 1.11 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the sewer lines and appurtenances, both on site and off 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 fee, 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 all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
Section 2. DEVELOPMENT STANDARDS
2.1 The project shall be developed according to Lake County's Land Development
Regulations as per preliminary plat approval dated 5/4/04 unless otherwise stipulated in
this Agreement or subsequent amendments to this Agreement.
• 2.2 Owner will provide a 15 foot landscape easement on all double road frontage lots.
Page 2
. .
Section 3. 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 con}unction 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 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 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
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 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 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, FI 34712-0219
Section 6. AMENDMENTS
OWNER
Michael D. Dinkel
7208 Sand Lake Rd., Suite 300
Orlando, FI 32819
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 7. TERMINATION BY CITY
in the event that the Clermont City
available for, the construction an
Wastewater Collection System, the
consequence or risk of any kind.
Section 8. EFFECTIVE DATE
Council does not finally approve, and/or funding is not
d installation of the proposed South Lake Connector
CITY may unilaterally terminate this Agreement without
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
Page 3
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action, and OWNER through l~' C Y )~.l <` 1~~
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DATED this ~ ~ day of -.~~Qr~uGf , 200. ~.,,;
~~
,.
CITY OF CLERMONT "•. ~'•
ATTEST: . _ ~., .
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Harold S. Turville Jr., Mayor
OWNER
STATE OF FLORIDA
COUNTY OF LAKE
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~.9_s?_.~r~.~ ~~8t-iiClitt'•ty
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Tracy Ackroyd, City Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
• and take acknowledgments, personally appeared as 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 that he
acknowledged before me that he executed the same.
Witness my hand and official seal this~_ day , 200
Notary Public
~r .lane vVanen
.~ hAy Commiaolon o01~93~e
'~- „d~ expkes August ~o, 2ooe
Page 4
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Notice of Encumbrance
• to Annex to City of Clermont
City of Clermont
City Manager
685 W. Montrose Street
Clermont, FL 34712
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THIS INSTRUMENT, Made this 11 day of January, 2005, between Michael D. Dinkel 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:
Legal Description (DREW ESTATES / DREW'S LANDING)
Tracts 13, 20, 21, 22, 27, 28 and 29 in Section 6, Township 23 South, Range 26 East, in Monte Vista Park Farms,
according to the plat thereof recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida.
The North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 23 South, Range 26 East, Lake
County, Florida.
AND
The North 3/4 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 6, Township 23 South, Range 26
• East, Lake County, Florida. Less and Except the following: That part of the Northeast 1/4 of the Northwest 1/4 of
Section 6, Township 23 South, Range 26 East, Lake County, Florida, bounded and described as follows: From the
Northeast corner of the Northwest 1 /4 of the said Section 6, run West along the North line of said Section 6 a
• distance of 783.6 feet to a point on the Southerly line of the right of way of Lake Shore Drive, thence run South 71
degrees 03 West along the Southerly line of said right of way a distance of 534.35 feet for a Point of Beginning. (The
said Point of Beginning being the intersection of the Southerly line of the right of way of Lake Shore Drive with the
Easterly line of the right of way of Lake Louisa Road.) From said Point of Beginning, run South 0 degrees 11 minutes
West along the East line of the right of way of Lake Louisa Road 282.61 feet; thence run North 71 degrees 03
minutes East 242.72 feet; thence run North 18 degrees 57 minutes West to the waters of Lake Minnehaha; thence
run in a Westerly direction along the waters of the said Lake to a point North 0 degrees 11 minutes East of the Point
of Beginning; thence run South 0 degrees 11 minutes West to the Point of Beginning. Less the right of way of Lake
Shore Drive.
Also Less and Except: That part of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 6, Township 23
South, Range 26 East, Lake County, Florida, bounded and described as follows: From the Northeast corner of the
Northwest 1/4 of said Section 6, run West along the North line of the Northeast 1/4 of the Northwest 1/4 of said
Section 6 a distance of 783.6 feet to a point on the Southerly line of the right of way of a County Highway; thence run
South 71 degrees 03 minutes West along the Southerly line of the said right of way 234.35 feet for a Point of
Beginning; From said Point of Beginning, run South 18 degrees 57 minutes East 267 feet; thence run South 71
degrees 03 minutes West 150 feet; thence run North 18 degrees 57 minutes West to a point on the North line of the
Northeast 1/4 of the Northwest 1/4 of the said Section 6; thence run East along the North line of the said Northeast
1/4 of the Northwest 1!4 to a point that is North 18 degrees 57 minutes West of the Point of Beinning; thence run
South 18 degrees 57 minutes East to the Point of Beginniong. Less the right of way of County Highway.
Also Less and Except:
That part of the Northeast 1/4 of the Northwest 1/4 of Section 6, Township 23 South, Range 26 East, Lake County,
Florida, bounded and described as follows: From the Northeast corner of the Northwest 1/4 of said Section 6, run
West along the North line of said Section 6 a distance of 783.6 feet to a point on the Southern line of the Right of Way
of Lake Shore Drive, thence run South 71 °03'West along the Southern Right of Way line a distance of 534.35 feet to
the intersection of the East Right of Way line of Lake Louisa Road, thence SouthO°11'West along the said Easterly
Right of Way 282.61 feet; thence run North71 °03'East 392.72 feet to the Point of Beginning; continue
North71 °03'East to a point that will intersect a line which is an extension of the West of the Southern Lot line of Lot 32
in Lake Ridge Club, according th the Plat thereof, as recorded in Plat Book 28, Page 39, Public Records of Lake
County, Flordia; thence run East along that said Westerly extension to the West lot line of said Lot 32; thence North
. along the Western boundary of Lake Ridge Club to the North Lot line of said Section 6; thence West to a point that
intersects the North line of Section 6 and the Southerly line of Lake Shore Drive; thence South71 °03'West along said
Southerly Right of way to a point that is North18°57'West of the said Point of Beginning; thence South18°57'East 267
feet to the Point of Beginning.
SAID LANDS ALSO BEING DESCRIBED AS FOLLOWS:
THE NORTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4 AND THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 114 LYING SOUTH OF THE FOLLOWING
DESCR{BED LINE; COMMENCE AT THE NORTHEAST CORNER OF THE WEST 1/2
OF THE NORTHEAST 114 OF THE NORTHWEST 1/4; THENCE RUN S00°23'57"W
ALONG THE EAST LINE THEREOF A DISTANCE OF 242.06 FEET FOR A POINT OF
BEGINNING; THENCE RUN S71°14'28"W A DISTANCE OF 661.70 FEET TO THE
END OF SAID LINE ALL BEING IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26
EAST, LYING EAST OF LAKE LOUISA ROAD, LAKE COUNTY, FLORIDA.
•
~I
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.
9
PROPERTY ~JdVNER(S): ~~yi~%; j~TNESSF~ (Two required): ~ n
1.
•
2.
Sigfhature
m.n ~~1 ~~~nK _/
Type or print name
Signature
Type or print name
STATE OF '
1.
Type or ~~Int ame
1.
S' nature
Type or print name
COUNTY OF
The foregoing instrument was acknowledged before me on this ~_o2day of
20~ by ,who is
rsona known to me or who has produced
as identification and who did not take an oath.
Pursuant to Section 5.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of
Clermont, Florida 34712
err Jane Wemen
SEAL: +'~F~ My Commission DD133315
y ~ Expin3s August 19, 2008
Notary Pu is Type/print name
•