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WATER SERVICE AGREEMENT #--Ai<`E '_:~?i'raT't+ c
i;:E+~ OF'C~I hdi~r FEE,, ~ 1.1111
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Scott B. Biddle, property located north of Johns
Lake Road and 1460 feet west of Hancock Road, Owner, and any successors or assigns,
hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a new single family residential home which is to be
located on 2.24 acres located north of Johns Lake Road and 1460 feet west of Hancock Road
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 incorporated area of Lake County and the OWNER is
requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water service to the Property, OWNER is to
extend water 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 site; and
Whereas, the CITY may, at the sole option of the CITY, elect to oversize the water lines and
appurtenances in order to provide additional capacity to other properties; and
Whereas, as a condition of the provision of water service to the Property by the CITY, OV~INER
agrees that this Agreement shall constitute an unconditional application to annex the Property
into the City of Clermont, if the 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 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-S1TE WATER -Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement.
1.1 CITY shall provide water 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.
Page 1 -Biddle, Water Utility Agreement
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 is
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.
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 existing utilities shall 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.
1.9 The project shall provide access easements to the City of Clermont to access the water
meter for the site. The City of Clermont will charge water fees based on the water meter
readings.
1.10 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.
1.11 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 an 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.
1.12 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the water lines and appurtenances, both on site and off site,
required to serve the Property.
1.13 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees. All fees are non-refundable.
Section 2. DEVELOPMENT STANDARDS
Any other water service development items to the site that have not been addressed must be
completed in accordance with City of Clermont standards unless otherwise stipulated in this
Agreement or subsequent amendments to this Agreement.
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, at 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
Page 2 -Biddle, Water Utility Agreement
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A" and sha11 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.
The OWNER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns
that once the property is annexed into the City, in the event that the septic tank or septic field
fails, the OWNER shall connect to City's sewer system when a sewer connection is available as
determined by City.
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
Scott B. Biddle
14717 Johns Lake Road
Clermont, FL 34711
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 AND TERM
This agreement shall take effect as of the latest date either party executes this agreement and
shall expire on the fifth anniversary thereof unless extended by a subsequent agreement of the
parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below. CITY through its City Manager, authorized to execute same by City Council
action.
DATED this 14~' day of July, 2009.
Page 3 -Biddle, Water Utility Agreement
CITY OF CLERMONT
i
. Turvl le Jr., Mayor
OWNER:
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Scott B. Biddle
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STATE OF ~0 ri c~ a
COUNTY OF ~ a
I HEREBY CERTIFY that on this day, before me, an offic r duly aut~Jized to administer
oaths and take acknowledgments, personally appeared =~+~- I~:c~c~ 1-Q, ,
as Ow~~-r' of ~/b ,who provided identification
in the form of fit... 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 day of
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Page 4 -Biddle, Water Utility Agreement
EXHlB1T "A"
PROPERTY DESCRIPTION
Owner:
Scott B. Biddle
14717 Johns Lake Road
Clermont, FL 34711
Description:
POSTAL COLONY 33-22-26 W 1(2 OF E 1/2 OF TRACT 46, PB 9 PG 65~
ORB 3731 PG 1552
Containing 2.24 acres more or less.
Lake County Alternate Key Numbers:
3854489
Page 5 -Biddle, Water Utility Agreement
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 14th day of July, 2009, between Scott B. Biddle property
owner 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
maybe, 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 tc perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or
assigns (as the case maybe) then required bylaw 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. 1'he subject property is
described as:
Exhibit "A"
GRANTER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns that
once the property is annexed into the City, in the event that the septic tank or septic field fails,
the GRANTER shall connect to City's sewer system when a sewer connection is available as
determined by City.
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.
Page 6 -Biddle, Water Utility Agreement
PROPERTY OWNER(S):
Scott B. Biddle
By:
Si re
Type or print name
WITNESSES (Two required):
Witnesses
Sig ature
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Type or print name
2.
ignature
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STATE OF ~brtdtg
COUNTY OF ~ ~.~
The foregoing inst ment wasra~cknowledged before me on this ~~'"day of ~~ ~y
2001, by ~~~C~-1--~- I~ ~ c~ d ~ -e. ,who is personally known to
me or who has produced ~ ~,~„~„~~...~...s...,~~;;A; •,~;;; """""~
as identification and who did not take an oath.
SEAL:
Notary Public ~ C/~ ~
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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
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Page 7 -Biddle, Water Utility Agreement