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~'.~. fox 120219 WATER & WASTEWATER SERVICE AGREEMENT
~?er7ront, FL 34712-0219
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Baffles Holding, LLP and its successors or
• assigns, hereby referred to as OWNER.
WITNESSETH
•
Whereas, OWNER is proposing to develop a self storage unit, commercial retail and
professional office project., 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 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
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 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 to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations. __ _ .,..,,,,,,,,,,,,,,,,,,,,,,,,
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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 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 until 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 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 water and 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.
Section 2. DEVELOPMENT STANDARDS
2.1 The project shall be developed according to the CITY Land Development Regulations
unless otherwise stipulated in this Agreement or subsequent amendments to this
Agreement.
2.2 Additional Right of Way will be dedicated for improvements to Hartwood Marsh Road.
2.3 OWNER shall construct a sidewalk adjacent to Hartwood Marsh Rd in
accordance with adopted City Code. The required sidewalk shall be provided
• within one (1) year after the completion of the Hartwood Marsh Rd widening
project or 6 months upon notification by City. Said sidewalk shall be constructed
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at a length and location as approved by the City Site Review Committee. Owner
will also post a bond or letter of credit for the sidewalk.
• 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 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 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 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
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
Bailes Holding LLP
Attn: Charles E. Bailes
6424 Pine Castle Blvd, Suite A
Orlando, FI 32809
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
date listed below. CITY through its City Manager,
action, and OWNER through
made and executed this Agreement on the
authorized to execute same by City Council
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' ~I
DATED this day of ~G~L , 200'.
•
CITY OF CLERMONT
~ , /' ~~
Harold S. Turville Jr., Mayor
OWNER
Baffles Holding LLP
STATE OF FLORIDA
COUNTY OF LAKE
~, -
~r,~,:.
Tracy ckroyd, City Jerk
. I HEREBY CERTIFY that on this day, before ~e1 an officer d~~}}ly authorized to dmj'~is er oaths
an,S~ take cknowledgments, personally appeared (%ht~s ~ ~~~ls,~ as tn°~1. ~r~8/ of
,~,~~5 ~i~/~~ ,who provided identification in the form of or who is
gersonall known to be the person described in and who executed the foregoing, and that he
ac cnowledged a ogre me that he executed the same.
Witness my hand and official seal this ~~ day of / ~ /~~ , 200 G.
Nota Public
•,;~r :"'~•. BETTY S. SIEBOID
'~' ~:= MY COMMISSION k DD 510129
~~A~,s EXThIRES~. n pubic ur2d0e1rwnters
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