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2008-14Johns Lake Landing Johns Lake LLC Cra-Mar Groves This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and M/I Homes of Orlando, LLC and David E. Warren and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to a mixed use Planned Unit Development with single family residential, multi-family residential and commercial 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 fines 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 Page 1 - M/I Homes & Warren, Johns Lake Landing that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 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 OWNER shall dedicate the right-of-way for Hartle Road as associated with the development. 1.9 The OWNER shall construct Hartle Road, including turn lanes into the development, along the western property boundary as associated with the development. 1.10 The OWNER shall be responsible to extend the City's 24-inch force main, 24-inch reclaimed water main, and 24-inch water main along the Hartle Road corridor associated with the development. 1.11 The existing utilities along Highway 50 must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.12 The utilities in the commercial properties shall be privately owned and maintained, but shall be constructed to City standards. 1.13 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. 1.14 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. 1.15 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 1.16 The OWNER shall be responsible for all costs including design, permitting, materials Page 2 - M/I Homes & Warren, Johns Lake Landing 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 water and sewer Impact Fee Credits. 1.17 The water and sewer 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. 1.18 Water and sewer 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. 1.19 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.20 The OWNER its assigns, transferees or heirs, agree to: Prior to the annexation as contemplated in Section 3 below and upon issuance of a residential building permit by Lake County, pay to the City ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) per residential permit issued by Lake County. Further, the obligation to pay the funds described above shall remain an obligation of OWNER until such time that the annexation occurs and regardless of whether OWNER transfers, sells or assigns its interest in the subject property or any portion thereof. Section 2. DEVELOPMENT STANDARDS The project shall be developed according to the Planned Unit Development (PUD) as approved by Lake County (Ordinance No. 2005-95) on 11/2/05 and effective 11/20/05, and the Preliminary Subdivision Plat as approved by Lake County on 5/3/07. Items not addressed in the PUD or Preliminary Subdivision Plat must be addressed in accordance with the JPA Land Development Regulations. Any other items not addressed must be developed to City standards unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 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 sha11 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. Page 3 - M/I Homes & Warren, Johns Lake Landing 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 OWNER M/I Homes of Orlando, LLC 237 S. Westmonte Drive, Suite 111 Altamonte Springs, FL 32714 and David E. Warren P.O. Box 593448 Orlando, FL. 32859-3448 Section 6. AMENDMENTS 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 City Manager, authorized to execute same by Gity Council action, and OWNER through DATED thi~~ day of`~1 _. , 2007. CITY OF CLERMONT . Turville Jr., Mayor ATTEST: i` ~,~ .-.~ Tracy Ackroyd, City Clerk ~''}:>,.,~:. Page 4 - M!I Homes & Warren, Johns Lake Landing OWNER: M/I Homes of Orlando, LLC Title: P~~A~ ~Q~a ~~~~ STATE OF ~ ~,/~ COUNTY OF ~E',~.~1~(1 I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths a take acknowledgments personal) appeared , as of ~~ ~rI>es ~ ,who provided identification in the form of cr 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 of -~~ , 200. N°r^"Y~~O Sandra M. Ceballos Commission # DD615175 ~ Expires December 28, 2016 3TA1lOtM.C11107~ OaM1wOTru,~~n ~mw.n«,~K LOG3CS•7VI9 otary Public and OWNER: David E. Warren ,C~ r~ Signature Print Name Page 5 - M/I Homes & Warren, Johns Lake Landing •• r STATE OF ~~~'~„l~. COUNTY OF pew-„~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~~~-~~' £ c%---.-, as of ,who provided identification in the form of ~ i, ~ ~ 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 Z `I day of ~ ~~~"'` ~ , 200 ~,. . =/~~- •~~ - 6 Notary Public .. ~'r"Na, SCOTT CUNNINt311AM ~ a s Nolary PubIC - Stale of Fb11da Conrnleeion txyNeeltllp 29, ~ ~~Q~of 1~, ~r' CAnM111eelOn S DD 18t3S81 Bonded By National Notary Awn. L;\JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Johns Lake Landing Agreement -attorney 11-16-07.doc Page 6 - M/I Homes & W arren, Johns Lake Landing EXHIBIT "A" PROPERTY DESCRIPTION Owners: M/I Homes of Orlando, LLC & David E. Warren Description: A parcel of land lying in Sections 25, 26, 35 and 36, Township 22 South, Range 26 East, Lake County, Florida, more particularly described as follows: Beginning at the Northwest corner of the Northeast'/4 of the Northeast'/4 of the Southwest'/4 of Section 26, Tawnship 22 South, Range 26 East being on the East right of way line of Hartle Road; thence South 89°38'04" East, along the North line of the Southwest'/< of said Section 26, a distance of 664.91 feet to the Center of said Section; thence South 89°18'31" East, along the North line of the Southeast '/4 of said Section 26, a distance of 1324.33 feet; thence North 00°20'50" East a distance of 353.39 feet; thence South 89°18'31" East a distance of 300.00 feet; thence North 00°20'50" East a distance of 243.11 feet; thence South 89°18'31" East a distance of 975.77 feet; thence North 00°57'25" East a distance of 631.99 feet to a point on the South right of way line of State Road No. 50; thence run the following seven (7) courses and distances along said South right of way line; South 89°13'52" East a distance of 226.90 feet; thence North 00°46'08" East a distance of 25.00 feet; thence South 89°13'52" East a distance of 350.00 feet; thence South 00°46'08" West a distance of 10.00 feet; thence South 89°13'52" East a distance of 400.00 feet; thence North 00°46'08" East a distance of 10.00 feet; thence South 89°13'51" East a distance of 407.87 feet to a point on the East line of the Southwest'/4 of the Northwest '/4 of said Section 25; thence departing said South right of way line, run South 01°04'26" West, along said East line a distance of 1253.90 feet to the Southeast corner of the Southwest'/ of the Northwest'/4 of said Section 25; thence South 00°55'38" West a distance of 2644.88 feet to the Southeast corner of the Southwest'/4 of the Southwest'/4 of said Section 25; thence South 00°55'04" West, along the East line of the Northwest'/4 of the Northwest'/4 of said Section 36 a distance of 280.00 feet; thence departing said East line run North 73°45'30" West a distance of 97.26 feet; thence North 67°14'16" West a distance of 245.69 feet; thence South 89°22'07" West a distance of 53.27 feet; thence South 78°24'38" West a distance of 49.32 feet; thence South 70°51'47" West a distance of 71.73 feet; thence South 73°42'13" West a distance of 83.71 feet; thence North 80°31'34" West a distance of 50.08 feet; thence South 76°55'48" West a distance of 73.87 feet; thence South 48°29'38" West a distance of 101.76 feet; thence South 01°27'41" East a distance of 80.48 feet; thence South 24°01'24" West a distance of 76.19 feet; thence South 80°18'23" West a distance of 55.95 feet; thence North 88°54'13" West a distance of 163.94 feet; thence North 85°16'03" West a distance of 60.92 feet; thence South 83°02'01" West a distance of 254,46 feet to a point on the West line of the Northwest '/4 of the Northwest'/4 of said Section 36; thence South 01°08'21" West a distance of 114.72 feet; thence departing said West line run North 89°28'57" West a distance of 661.68 feet; thence North 01°08'21" East a distance of 100.01 feet; thence North 89°28'57" West a distance of 171.65 feet; thence North 01°08'21" East a distance of 140.01 feet; thence North 89°28'57" West a distance of 270.02 feet; thence South 01°08'21" West a distance of 140.01 feet; thence North 89°28'57" West a distance of 220.01 feet to a point on the West line of the Northeast '/4 of the Northeast '/4 of said Section 35; thence North 01 °08'21 " East a distance of 500.03 feet to the Northwest corner of the Northeast '/4 of the Northeast '/4 of said Section 35; thence North 00°50'46" East, along the West line of the Southeast'/ of the Southeast'/4 of said Section 26 a distance of 1327.83 feet to a point on the South line of the North'/2 of the Southeast'/ of said Section 26; thence North 89°15'00" West, along said South line a distance of 838.70 feet; thence departing said South line run North 43°36'46" West a distance of 484.66 feet; thence North 89°18'39" West a distance of 809.00 feet to a point on the West line of the East'/2 of the Northeast '/4 of the Southwest '/4 of said Section 26; thence North 00°39'42" East, along said West line a distance of 975.90 feet to the Point of Beginning. Containing 294.745 acres more or less. Lake Countv Alternate Key Numbers: 2690313 1750989 2516984 1029139 1648131 1037425 1648149 1037417 2942266 1707269 1593115 1592330 2664754 L:\JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Exhibit A Description.doc EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 27th day of November, 2007, between M/I Homes of Orlando, LLC and David E. Warren property owners in 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, and GRANTOR, assigns, transferees or heirs, further agree to: Prior to the annexation, the GRANTOR shall, upon issuance of a residential building permit by Lake County, pay to the City ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) per residential permit issued by Lake County. Further, the obligation to pay the funds described above shall remain an obligation of OWNER until such time that the annexation occurs and regardless of whether OWNER transfers, sells or assigns its interest in the subject property or any portion thereof. GRANTOR, further agrees, on his/ hers/ theirs j its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/ or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal 1- of Notice of Encumbrance to Annex 5 of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: Exhibit "A" Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. PROPERTY OWNER(S): WITNESSES (Two required): M/I Homes of rlando, LLC Witnesses 1 B 1. ' / ~~L' " Y• Si attire ignature T, e rint na Type o print name By: Signature 2 c Signature ~~,~~ ~ Type or print name Type or print name David E. rren By: Signature ~~ l~ ~ ~ ~ ~-2-i~rr~ ~ Type or print name Witnes s ., ,;~ 1. ~~' ignature r c~ n `` ~Q~ I Gl_ l Type or rint name 2. _.~----G--"~_-------- Signnature n J Type or print nam 2 - of Notice of Encumbrance to Annex STATE OF ~lo IZtbl~ COUNTY OF ~'L.UIU7fL~fc. ti The foregoing instr ment was acknowledged before me on this ~_ day of 20C>~, by wn to me or who has produced as identification and who did not take an oath. who is SEAL: Notary Public Type/ print name ~ LQ L~~$S Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont, Florida 34712 NOTAR~PUBLIC Sandra M. Geballos Commission # D0615175 Expires December 28, 2010 STATE OF FLORIDA Banded Trey Fein ImwdAto. 4rw lDa9ib.1d19 3 - of Notice of Encumbrance to Annex STATE OF ~C(,~R ~~~-- COUNTY OF 1~.-~,c _ HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared "~],~ ~ ~D ~ !Z~!~lrr~ K , as of ,who provided identification in the form of ('L (~~ 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 .Z '~ day of ~~~w~ ~ , 200 ~ J. /` Notary ublic ,~NUH1 ~WyVpI~,I~wrw~~/7/~~`1~~,1y~ ~~ ~~~1 ~u A S +~+oYR ~~i~ ~~ L:1JPA -Utility Agreements & Reviews\MI Homes -Johns Lake Landing\Johns Lake Landing Agreement -attorney 11-16-07.doc Page 6 - M/I Homes & Warren, Johns Lake Landing f + + ~ _ { + ~ + ~ y {k; _ a. > Et~IL JA F t: . 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Johns Lake Landing 38 311.~'~.~3A as997 t~tfs~~381$869 ~ 3815481 294.75 acres +/- 10374