1983-08
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83-08
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
April
, 1983,
by and between the CITY OF CLERMONT, a municipal corporation, Lake County, State of
Florida, hereinafter referred to as CITY, and SPRINGSTEAD AND ASSOCIATES, INC.,
hereinafter referred to as ENGINEER, of Leesburg, Lake County, Florida.
WITNESSETH:
WHEREAS the CITY desires to obtain a "201 Facility Plan" as hereinafter described,
and
WHEREAS, the CITY desires to engage the ENGINEER to perform the Professional
Services pertinent to such "201 Facility Plan", in accordance with this Agreement; and
WHEREAS, the ENGINEER desires to provide such Professional Services, in accordance
with this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual benefits which
will accrue to the parties hereto and carrying out the terms of this Agreement, it is
mutually understood and agreed as follows:
SECTION 1: GENERAL SCOPE OF THIS AGREEMENT
It shall be the responsibility of the ENGINEER to prepare a "201 Facility Plan"
for the CITY OF CLERMONT, Lake County, Florida, and its contiguous planning area as
approved by the State of Florida, Department of Environmental Regulation (FDER). Said
report shall be in compliance with applicable rules and regulations of all regulatory
agencies, including, but not limited to, the U. S. Environmental Protection Agency,
State of Florida, Department of Environmental Regulation (FDER), and the State of
Florida, in existence as of April 15, 1983.
SECTION 2: PROJECT AREA
The project area to be studied under this Agreement shall consist of the present
incorporated City Limits of the ~Y OF CLERMONT and approximately two hundred (200)
acres of adjacent lands.
SECTION 3: PERIOD OF SERVICE
A. The ENGINEER will begin work promptly after receipt of a fully executed
copy of this Agreement; such receipt shall constitute written Notice to Proceed.
B. The CITY desires the completion of this work on or before June 30, 1983,
to maintain its status on a FDER priority list. The ENGINEER recognizes that time
is of the essence for this agreement, and the ENGINEER shall perform his work in an
expeditious, diligent, and efficient manner, in an effort to assure the completion
of the work by this time; however, the parties agree that the ENGINEER has no control
over certain aspects of the facilities plan approval process, involving data to be
LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O, DRAWER 1066, CLERMONT. FLORIDA 32711
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provided by others or review and approval requirements of governmental agencies, and
the ENGINEER has no responsibility or liability for any delays caused by same.
C. The ENGINEER shall not be bound under this Agreement if a fully executed
copy hereof is not received by the ENGINEER on or before April 5, 1983.
SECTION 4: GENERAL CONSIDERATIONS
A. All original sketches, tracings, drawings, computations, details, design
calculations, and other documents and plans that result from the ENGINEER'S services
under this Agreement are and remain the property of the ENGINEER as instruments of
service. Wher~ such documents are required to be filed with governmental agencies, the
ENGINEER will furnish copies to the CITY upon request.
B. CITY may, at its expense, obtain a set of reproducible copies of any
maps and/or drawings prepared for it by. the ENGINEER in consideration of which the
CITY agrees that no additions, deletions, changes or revisions shall be made to
same without the express written consent of the ENGINEER.
C. The ENGINEER shall at all times carryon all operations hereunder, workman's
compensation insurance, public liability and property damage insurance, and automotive
public liability and property damage insurance in amounts sufficient to fully cover
all damages.
D. It is understood and agreed that the ENGINEER'S services under this Agreement
do not include participation, whatsoever, in any litigation. Should such services be
required, a supplemental agreement may be negotiated between the CITY and the
ENGINEER describing the services desired and providing a basis for compensation to
the ENGINEER.
E. Upon the ENGINEER'S written request, the CITY will furnish or cause to be
furnished such reports, studies, instruments, documents, and other information as the
ENGINEER and CITY mutually deem necessary, and the ENGINEER may rely upon same in
performing the services required under this Agreement.
SECTION 5: COMPENSATION
The CITY agrees to compensate the ENGINEER for the Professional Services
called for under this Agreement, in the total sum of EIGHTY-TWO THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($82,500.00).
SECTION 6: INVOICING PROCEDURE
The ENGINEER shall submit invoices to the CITY for charges for work accomplished
during each calendar month. The amount of each monthly invoice shall be determined
on the "percentage of completion method", whereby the ENGINEER will estimate the
percentage of the total work "called for under this Agreement" accomplished during the
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LEONARD H, BAIRD, JR.. ATTORNEY AT LAW, p,o, DRAWER 1066. CLERMONT, FLORIDA 32711
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invoicing period. Such monthly invoices shall be submitted by the ENGINEER as soon
as possible after the end of the month in which the work was accomplished and shall be
due and payable upon receipt.
SECTION 7: TERMINATION
This Agreement may be terminated by either party by seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms
hereof by the other party through no fault of the terminating party. If this Agreement
is terminated, the ENGINEER shall be paid for all work performed up until the date of
termination.
SECTION 8: SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described in this Agreement, or the services of the
ENGINEER called for under this Agreement, is/are suspended, cancelled or abandoned
by the CITY, the ENGINEER shall be given five (5) days prior written notice of such
action and shall be compensated for the professional services provided up to the date
of suspension, cancellation or abandonment.
IN WITNESS WHEREOF, the parties heret9 have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above
written.
City of Clermont
Springstead and Associates, Inc.
P. O. Box 219
P. O. Box 448
Leesburg, Florida 32748
(SEAL)
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LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, FLORIDA 32711
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CITV DF CLERMDNT
P.O. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4081
CONDITIONAL USE PERMIT
FOR: Andrew Morris
STATE OF FLORIDA
COUNTY OF LAKE
Before me personally appeared ~~~ "tv{ ~
to me well known and known to betne person des~ribed in
and who executed the foregoing instrUment, and acknowledged
to and before me that h~executed said instrument
for the purpose therein expressed.
WITNESS my hand and official seal, this
of . ~r:1 , 1983.
I<{
day
~~~
No~ry Public
My Commission Expires:
..::T'-<IJ :2.~ Iq8~
Received in the.office of the. City Manager on 4- ILj-I1B-.
QfIJ~) rn Yj,[)mrt"0
Duty City Clerk
.
e
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Conditional Use Permit
Andrew Morris
final site plan approval.
4.
This property may be used only as a duplex residence.or single
family residence.
The final Certificate of Occupancy cannot be issued until
all of the above conditions have been met.
5.
6.
This permit shall expire if construction has not begun within
one year of the date of this Conditional Use Permit.
7.
If any of the above conditions is violated, the applicant
understands and agrees that the City may revoke this Condi-
tional Use Permit by Resolution.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 12th DAY OF April , 1983.
I, the undersigned, do hereby
the Conditional Use Permit.
agree to each and every condition of
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