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~ ~ ,, - rih3 'WATER & WASTEWATER SERVICE AGREEMENT ® i ~~ ~- ~ `~ `~~~?~ ~
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
. CITY, a municipality of the State of Florida, and Ladd Development, Inc. and its successors or
assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is proposing to develop property (the "Property") located on Johns Lake
Road and as 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 to meet the minimum requirements of CITI' 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.
. 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.
Page 1
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 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. 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 should be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
Section 2. DEVELOPMENT STANDARDS -The project shall be developed consistent with the
proposed Joint Planning Area (JPA) Land Development Regulations as outlined in the JPA
document provided to the Developer and dated May 8, 2003 unless otherwise stipulated within
this Agreement or in subsequent amendments to this Agreement. Any development standard
not specifically addressed in this agreement as meeting City or JPA standards shall meet Lake
County standards.
2.1 Lot size and configuration
The subdivision shall be constructed in accordance with the preliminary plat as approved
by Lake County on April 22, 2003.
2.2 Street and Sidewalk Construction Standards
Curb: Standard F-type curb and gutter on all public streets
• Right-of-way: 50 feet in width
*Utility easement: 15 feet
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*Note: An additional 5 feet of utility easement shall be provided over and above what is
normally required by City code along front property lines.
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2.3 Landscaping - A 20 ft. wide landscape buffer shall be provided. 15 ft. of which will be
provided in the drainage easement across the lots along Johns Lake Rd. The plantings
shall be in accordance with the JPA standards.
2.4 Utility Construction, Concurrency Management, Clearing and Grading, Stormwater
Management and Drainage, Signage, and Landscaping shall meet the JPA standards.
Any development standard not specifically addressed in this agreement as meeting City
or JPA standards shall meet Lake County standards.
2.5 Vehicle access shall meet Lake County standards.
Section 3. ANNEXATION
3.1 Owner agrees that CITY may annex the Property into the City of Clermont when the
property becomes contiguous if CITY chooses to do so. All land transfers will contain a
deed restriction or covenant noting the existence of this requirement to annex, such
restriction to be recorded as a covenant to run with the land.
3.2 This agreement shall be recorded in the Public Records of Lake County,
Florida at cost to OWNER, and this agreement, upon recording, shall constitute an
irrevocable application by the undersigned owner to annex the property described on
Exhibit 'A', attached hereto, into the City of Clermont, which right to annex the City may
exercise at any time in the future.
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
Dale J. Ladd, President
Ladd Development, Inc.
1135 East Avenue
Clermont, FL 34711
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 3
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 Mayor and OWNER through Dale J. Ladd as President of
Ladd Development, Inc.
DATED this~~ day ofrn (~} t.~ , 2003.
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
OWNER
• Dale J. dd, President
STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared Dale J. add, President of Ladd
Develo~-w ided identification in the form of (~ or
who i personally known to the person described in and who a ecuted the foregoing, and
that he ac now ge a ore me that he executed the same. 2~
Witness my hand and official seal this l I day of ~ I ;20'03"
Cheryl E May ~ '
~ Nota ublic
My Commission DD1060Q'2
a Expires July 28, 2008
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3523945971 HIGHLAND _ Pmt b1ib2
°~h~ quality of this ima~G
is equivalent to the quality
of the origins document.
exhibit "A"
A parcel of land more fully described as follows:
Begin at the Northeast Corner of Tract 44, POSTAL COLONY, according to the plat thereof as
recalled In Prat Book 9, Page 65, lying in Section 33, Township Z2 Sauth, Range 26 East, Lake
County, Fbrida, tttenoa run S 00'13'04" E along the East Iine~Tract 44 fvr a distance of
595.59 feet to the North d9~ of way Gne of John's Lake Road; run along said North right
of way qne the follov~ng course and distances: thence run S °50'S1' W for a distance of 662,40
feet; thence run S 00'02'42" E for a distance of 18.00 feet; thence run S 89°50'51" W for a
distance of 330.21 feet to the West Ise of the East 1/2 of Tract 43 said POSTAL. COLONY;
tl~ence run N 00'12'46' W along said West line of ltle East 1/2 of Tract 43 for a distance of
613.33 feet to the Northwest cornet of said East 1 /2 0# Trail 43; thence run N 89''19'56' E elan
the North Gne of said Tract 43 and Tract 44 far a distance of 1392.61 feet to the Point of Beginning.
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