2016-62 City.of eteutwtit
685 W.Montwee St
efouno ,„t S63g7�) INSTRUMENT#2016092970
OR BK 4831 PG 639-648 (10 PGS)
tik.fr UTILITY SERVICE AGREEMENT DATE:9/7/2016 12:57:59 PM
FOR WATER WASTEWATER NEILE COUNKELLY,TY CLERK OF THE CIRCUIT COUR-
LAK
RECORDING FEES$86.50
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Extreme Grove Investments, LLC, and any
successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a 66.44 acre single family residential subdivision
with 122 lots 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 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. The connection points will be those closest to the Property.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
Page 1 — Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
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.
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 construct or be responsible for all access to the site which may
include turn lanes from Hartwood Marsh Road into the development.
1.9 The existing utilities 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.
1.10 Irrigation shall be provided by private well for all non-residential area and common
areas. Residential lots may only use reclaimed water for irrigation.
1.11 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.
1.12 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.
1.13 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction.
1.14 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 1.12 and 1.13 from the CITY in the form of Impact Fee Credits.
1.15 The Impact Fee Credits shall be established subject to Sections 1.12 and 1.13 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.
Page 2— Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
1.16 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
"A" and as depicted in Exhibit "D" Location Map, but may be assignable to any heirs,
assigns or successors in interest or title to part or all of said Property.
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.18 The City may require a looped system to provide reliability and redundancy to the
property.
1.19 The point of water and sewer connection shall be coordinated with the existing utilities.
The City will not accept ownership of utilities within the existing Hartwood Marsh Road
right-of-way unless the utilities will not require relocation with the future Hartwood Marsh
Road modifications. Utilities will not be permitted under private access roads.
1.20 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns, as approved by the City's Site Review
Committee. No chain link shall be used in public view areas.
1.21 The OWNER must coordinate with Lake County and the Metropolitan Planning
Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Concurrency Management System (TCMS).
1.22 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.23 The Agreement shall be for a residential utility flow/demand for water at 58,560 gpd and
sewer is 26,531 gpd, based on an annual average. Re-Use (Gray Water) Water is
51,550 gpd and can only be used for residential. Exceeding these amounts may require
a new Utility Services Agreement. (gpd = gallons per day). Allowed overage of up to
10% allowed.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64). 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.
(b) The overall density of the residential development shall be determined by the City of
Clermont. Any assumptions by this Agreement based on the number of residential lots,
development standards, and acres - are to be approved by the City of Clermont through
the City approval process.
Section 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
Page 3— Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
(c) The overall density of the residential development shall be determined by the City.of
Clermont. Any assumptions by this Agreement based on the number of residential lots,
development standards, and acres-are to be approved by the City of Clermont through
the City approval process.
Section 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" and as depicted in Exhibit "D"
Location Map. 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. 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.
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 OWNER
City of Clermont Extreme Grove Investments, LLC
City Manager Alexander M. Howell
P.O. Box 120219 P.O. Box 1930
Clermont, FL 34712-0219 Minneola, FL 34755
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. This Agreement shall be valid for no longer than five (5) years.
Page 4—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
OWNER: Alexander M. Howell for Extreme Grove Investments, LLC
'IP
4#/r / .
,. � 0 / Title: 4,•1 aor
ignature
bfr . . L__
Print Name
STATE OF .it-70)r/da
COUNTY OF ',}le a-
The foregoin strument-w/as ackno I g before me on this ' day of ,
2016, by r k't,c c eY G�/� , who is pers7-1174 ona known to
me or_who has prod— i ,✓.& �,,�e6t,5P- as identification and
who did not take an oath.
Notary Publi ".!..L___..101111.,.../'z- _ i L:
,��� . t:".°:; DENISE R AnNOAX
Type/print nameen �"r� ' 4/7 t * c_ * MYCOMMISSION#FF9282.52
�- — ; :rhi , v EXPIRES:December20,2019
4toF F oe Bonded TAru Budget Notary Bendeee
Page 5-Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below. CITY through it ity Manager authorized t ex cute same by City Council
action, and OWNER through R[/a r C 2 i�i h / .
DATED this 26th day of July, 2016. `J
CITY OF CLERMONT
ATTES .
, . ,0? /
�/ i /1 \7_____
Gail L. Ash, Mayor Tracy Ac royd H•we, City CIO(
a,s5, :1:'!,:r::..c,A,;,'..i.",,
1.
Approved as to fort and Legality: rr �En 1 " `� �� ;..
Daniel F. Mantzaris, City Attorney �' z `
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Page 6—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
•
EXHIBIT"A"
PROPERTY DESCRIPTION
Owner:
Extreme Grove Investments, LLC
Description:
The North 1/2 of the Northeast 1/4 of Section 1, Township 23 South, Range 26 East, Lake County, Florida.
Less and except that part thereof lying within the plat of Prominent Pointe. recorded in Plat Book 41, Pages
74 and 75, Public Records of Lake County, Florida.,
Together with and subject to that certain easement for ingress and egress described in Easement recorded in
Deed Book 339, Page 142, Public Records of Lake County, Florida.
Less and except that portion of the land conveyed by Warranty Deed recorded In Official Records Book 2401,
Page 2125, of the Public Records of Lake County, Florida. being more particularly described as follows:
That part of the Northeast 1/4 of Section 1, Township 23 South, Range 26 East. in Lake County. Florida,
bounded and described as follows:
Commence at the Northwest corner of the Northeast 1/4 of said Section 1, Township 23 South, Range 26
East, and run S. 89 degrees 46'07" E.. along the North line of the Northeast 1/4, a distance of 25.00 feet
to the Point of Beginning of this description; from said Point of Beginning, continue S. 89 degrees 46'07" E.,
along the North line of the Northeast 1/4, a distance of 346.91 feet; thence 5.00 degrees 27'22" W., 627..84
feet; thence N. 89 degrees 46'07" W., 346.91 feet to o point that is 25 feet Eost of, when measured of
right angles thereto, the West line of the Northeast 1/4 of said Section 1; thence N. 00 degrees 27'22" E..
parallel with the West line of the Northeast 1/4. a distance of 627.84 feet to the Point of Beginning.
Containing therein 66.44 acres, more or less.
Lake County Alternate Key Numbers:
3502027
Page 7—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
•
•
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 26th day of July, 2016, between Extreme Grove
Investments, LLC (Alexander M. Howell), 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,
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:
Exhibit "A" - Property Description
Exhibit "C" - Location Map
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 8—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
PROPERTY OWNER(S): WITNESSES (Two required):
Extreme Grove Investments, LLC
Witnesse
By:jeZ
1. ' Ai
me,
4
Signature Signature
Alexander M. Howell ' f nn
Type or print name T, •e or print name
2. /
Sign ture ,,^^ � kAikUaylU �
Type or print name
STATE OF -�"/ /9t
COUNTY OF ,&,4//e
e foregoing instrument c novel ged b/efj're e on th y�
w day of
2016, by � ei" ./& GG T , who is
rsonally known tome or who hasproduced �!.`�2 eceic !
as identification and who did not take an oath.
1 � /
Notary Publ / _, _' � -i- AL' .0%.,�,:,"
•a
g My DcEorssirt NO
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Type/print name ` /2 /� .. y/j�� ',,L. PEThDeceallobeft.mat
Pursuant to Section 695.29(3)(1): this instrument exempt from Chapter 695,F.S.,;Prepared by a Public Officer,City Attorney,City
of Clermont,Florida 34712
Page 9—Extreme Grove Investments LLC, Utility Service Agreement for Water&Wastewater
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