2007-31Victory Majewski
Plaza Collina
Byblos Clermont
Tom Hart
~ n G WATER & WASTEWATER SERVICE AGREEMENT
r o o This document constitutes an agreement between the CITY of Clermont, hereby referred to as
~ ~ CITY, a municipality of the State of Florida, and Victor H. Majewski, and its successors or
N assigns, hereby referred to as OWNER.
Cm~
WITNESSETH
Whereas, OWNER is proposing to develop an assisted living facility with associated uses
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 eve~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 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.
2.2 Building height shall not exceed 55 feet.
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-~eetion 3. ANNEXATION
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 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. A11 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 {and.
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
A11 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
Victor H. Majewski
C/O Akerman Senterfitt
131 West Main St.
Tavares, FI 32778
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 C''itXX Manager, authorized to execute same by City Council
action, and OWNER through V i C,-~o c fYl a~~ 2 w ~ K i
DATED this ~ day of ~r° ~,eG(_!~ ~ ~.t , 2002.
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CITY OF CLERMONT
,.~
arold S. Turville Jr., Mayor
OWNER
l 1~c,L,~~ ~ ~q ,u, ~ri~
Victor H. Majewski
STATE OF FLORIDA
COUNTY OFD'
ATTEST:
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~" Tracy'f`ACckr yd, City Cler~.% G/ „
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take acknowledgments, personally appeared ~//CSR ~fi~i~/ ~/f~t7,c~~s/ as f
who provided identification in the form of F~ ~/L. ti ~c c-~e-~
narcnnalhi l.nn.a~n trt h? t~^ ^°"'~nn rlPCrri and who executed the foregoing, and that he
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acknowledged before me that he executed the same.
Witness my hand and official seal this ~ ~ day of ~ , 200
Gc.~ ~ ~L~G~IX~
Notary u ~
My Commission DD35254A
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EXHIBIT "A"
Leal Description
LAKE HIGHLANDS 28-22-26 TRACT 39 -less Hooks Street and less Paloma Road.
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EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
City Manager
b85 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 27 day of February, 2007, between Victor H. Majewski,
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 j100 ($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
zeal 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:
Lake Highlands 28-22-26 Tract 39 -less Hooks Street and less Paloma Road
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.
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PROPERTY OWNER(S):
Signature
Type or print name
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2. 1. ~. Y~~~-01i--
Signature Signature
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Type or print name Type or print name
STATE OF ~LOdL/~~
The foregoing instrument
~~.~_, 20~ by
acknowled
who has produced
as identification and who did not take an oath.
COUNTY OF 1~1~~~I ~ ' ~ ~"~ ~=
before
this -~
day of
~d
;~"' ",~ i vees
SEAL,: +~ My Commission DD3525a9
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Notary Public '' ~ `~ . ~~~'cr~f T e/ rint name J~~ ~ ~~~ ~~'L~-:.~'
YP P
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepazed by a Public Officer, City Attorney, City of
Clermont, Florida 34712
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