2016-73 • • eitik of Claymont
685 W.Montxooe St
RETURN e not n sa»>
CLER 'ONT • UTILITY SERVICE AGREEMENT
Choice of champions for WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
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CITY, a municipality of the State of Florida, and Lushantha & Kristin Gunasekera, 12802
Magnolia Pointe Blvd., Owner, and any successors or assigns, hereby referred to as OWNER. o
WITNESSETH
Whereas, OWNER is requesting service to a single family residential home which is located on
a
1.98 acres at 12802 Magnolia Pointe Blvd on real property (the "Property") described on Exhibit o„L-
A', attached hereto and by this reference made a part hereof; and , G;80
G a
N N M E
Whereas, the Property is located in the incorporated area of Lake County and the OWNER is I N
requesting water and wastewater service from the CITY; and
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Whereas, as a condition of CITY providing said water and wastewater service to the Property, 1
OWNER is to extend water and wastewater lines to serve the Property and lines and 1,7%33 -� x cc
appurtenances must be sized and constructed in accordance with the minimum requirements of I o o z 5
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 and
wastewater 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, OWNER
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 and wastewater 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 AND WASTEWATER - Each and all of the foregoing premises
are incorporated into and constitute a part of this Agreement.
1.1 CITY shall provide water and wastewater 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 Utility Service Agreement for Water&Wastewater—Gunasekera
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 from the water meter to serve the project.
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.
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 if required to the City of Clermont to access
the water meter for the site. The City of Clermont will charge water and wastewater 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 and wastewater 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.
1.14 The OWNER shall install and maintain the appropriate backflow device as indicated in
the manual of cross-connection control.
1.15 The OWNER is required to line the manhole that the force main is connected to, with a
City approved liner, and the force main shall be privately owned and maintained.
1.16 The Agreement shall be for residential utility flow/demand for:
Water: 500 gpd, based on an annual average.
Wastewater/Sewer: 250 gpd, based on an annual average
Exceeding these amounts may require a new Utility Services Agreement. (gpd =
gallons per day). Allowed overage of up to 10% allowed.
Page 2—Utility Service Agreement for Water&Wastewater—Gunasekera
Section 2. DEVELOPMENT STANDARDS
Any other water and wastewater 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
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 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.
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, the OWNER shall maintain connection to City's
wastewater sewer system.
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 Lushantha & Kristin Gunasekera
City Manager 12802 Magnolia Pointe Blvd
685 W. Montrose St. Clermont, FL 34711
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.
Page 3—Utility Service Agreement for Water&Wastewater—Gunasekera
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 14th day of June, 2016.
CITY OF CLERMONT
ATTEST:
• i
/� , /!
ail L.Ash, ayor cy Ackroyd, City Clerk
Page 4—Utility Service Agreement for Water&Wastewater—Gunasekera
OWNER:
Lushantha Gunasekera
40�
LuarLk641915tke
Sire Print Name
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument_ / was acknowledged before me on this c day of ,, ,
20/4,, by �Lts/7Gt k%►"�C Etta I'a- , wh• •e rso a y
nown to me or who has produced
as identification and who did not
take an oath.
Notary Public
Type/print name SEAL:
AND
OWNER:
Kristin Gunasekera
/4-1 /7.0 (1S-c/
Signature Print Name
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was -cknowledged before me on this o9 day of 11/ ,
mow
20 , to r- ' — A' . , - 421,a- , who is • : o
nown to me • ho has produced
as identification and who did not
take an oath.
Notary Public /
•0:="".4DEMSE RAYL NOAIt
Type/print name SEAL: �_ -
* ,. * MY COMMISSION 4 FF529252
°1p EXPIRES:December 20,2019
"44 IAN
Page 5—Utility Service Agreement for Water&Wastewater—Gunasekera
EXHIBIT"A"
PROPERTY DESCRIPTION
Owner:
Lushantha & Kristin Gunasekera
12802 Magnolia Pointe Blvd
Clermont, FL 34711
Description:
BEG 858 FT S OF NW COR OF GOV LOT 1 RUN S TO LAKE, BEG AGAIN AT POB,
RUN E 162.3 FT, S TO LAKE, W'LY ALONG LAKE TO INTERSECT FIRST LINE. ORB
4005 PG 1934
Containing 4.8 acres more or less.
Lake County Alternate Key Numbers:
1101638
Page 6—Utility Service Agreement for Water&Wastewater—Gunasekera
Lushantha & Kristin Gunasekera
12802 Magnolia Pointe Blvd
Clermont, FL 34711
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Page 7-Utility Service Agreement for Water&Wastewater-Gunasekera
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 June, 2016,between Lushantha& Kristin
Gunasekera, 12802 Magnolia Pointe Blvd., 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
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"
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 8—Utility Service Agreement for Water&Wastewater—Gunasekera
PROPERTY OWNER(S): WITNESSES (Two required):
Lushantha&Kristin Gunasekera Witnesses
By: di'.__ 1. ("4414/1114-
.ignature Signature
lak6414,, 6uvlosV-64,T\ ___Erwutyvik
Type or print name Type or print name
IABY: � s1 �% i 2. . ' •`� a
Signature Signature
A-ris kit rruat�se �� Mo4 lne. Ltewe(l n
Type or print name Type or print name
STATE OF Ferj _
COUNTY OF
The foregoing instrument was a knowledged before me on thisday of�!__ ,
20 b icifcy ' .. , ,row , who is .-rsonally own to
me or w e, .s produced as i e en i cation
and who did not take an oath.
Notary Public ��� i 0 gar°�
e.•••; . DENISE RAYL NOAK
Type/print name A
MY COMMISSION#FF 929252
�n�' �. ,q,C SEAL: * t._
. EXPIRES:December 20,2019
440,of Bonded Thru Budget Notary Santa
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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Pointe Blvd.-USA for Water&Wastewater.doc
Page 9—Utility Service Agreement for Water&Wastewater—Gunasekera