Contract 2021-095AINSTRUMENT#: 2023112819 OR BK 6210 PG 1264 PAGES: 10 9/14/2023 2:12:46 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
#2021-095-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Granville Properties, LLC, and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for an office/warehouse facility 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 to the property. 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 development; 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 upon Owner receiving a Certificate
of Occupancy from Lake County; 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. WATER/SEWER/RECLAIMED - 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 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 4 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 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1265 PAGE 2 of 10
1.5 The OWNER shall be responsible for the construction of all onsite lines and
appurtenances to serve the project, as well as costs associated with the connection to the
existing infrastructure off -site. 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 improvements. No Certificate of Occupancy shall be issued until
water and sewer improvements have been completed and accepted by the CITY.
1.6 The OWNER shall be responsible for all costs of onsite improvements 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.
1.7 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.
1.8 Irrigation shall be provided by private well for common areas.
1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
1.10 The City may require a looped system to provide reliability and redundancy to the property.
1.11 The development shall be in substantial compliance with the Dimension Plan shown in
Exhibit "C". Major changes as determined by the Clermont Site Review Committee may
require an amendment to this Agreement.
1.12 This Agreement shall be voided after five (5) years if building permits have not been issued
and building construction has not started.
1.13 The Agreement shall be for 4,700 gpd for water based on an annual average and 4,020
gpd for sewer based upn annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64).
(b) The project shall be developed in substantial accordance with the Site Plan as
submitted with the Utility Service Agreement request, dated July 14, 2021 by Germana
Engineering.
Page 2 — Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1266 PAGE 3 of 10
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". 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 of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Granville Properties LLC
11905 Egret Bluff
Clermont, FL 34711
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Page 3 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1267 PAGE 4 of 10
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.
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 City Council
action, and OWNER through
DATED this �D day of A ,
CITY OF CLERMONT
+�4 k
Tim Murry, Nlayor
, 2021.
TTEST:
i
. J-''?U
Tracy Ackroyd Hdwe, MMC, City Clerk
Appr/o d as tip; rm and Iegplity:
Darn . Mantzaris, City Attorney
Page 4 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1268 PAGE 5 of 10
OWNER: Granville Properties, LLC
Title: + Jett I
Signature
b l N1r"�J
Print Name
STATE OF ` (Plri aC,
COUNTY OF Lok_v -_
The foregoing,instrument was acknowledged before me on this ✓D day of Jf�Y`✓
2021, by 1DG t _ T) . T► �ot� Seen who(is�eronally knowo me
or who has produced as` uu_,itifiuc,Liu,l dlIU �uho did
not take an oath.
Notary Public COS`"S- .IC4� SEAL:
nra.ly auoGc stain CO vlwide
Type/print name Danck F. TQy lov- Dane F. Taylor
1 d My COMMWsim HH 05W5
' yip EXPVW 10R1=24
Page 5 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1269 PAGE 6 of 10
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Granville Properties, LLC
Description:
LEGAL DESCRIPTION: (PREPARED BY SURVEYOR)
That part of Tracts 24 and 25, LAKE HIGHLAND SUBDIVISION, Section 26, Township 22 South,
Range 26 East, as recorded in Plat Book 3, Page 24, Public Records of Lake County, Florida,
described as follows:
Commence at the Southwest corner of Tract 25, thence North 00 degrees, 56'04" West along
the West line of said Tract 25 and 24 a distance of 660.00 feet to the Point of Beginning.
Thence continue North 00 degrees 56'04" West, along said West line 220.0 feet;
Thence North 89 degrees 36'36" East 466.30 feet; thence South 00 degrees 53'49" East 220 feet;
thence South 89 degrees 36'37" West, 466.15 feet to the Point of Beginning.
Lake County Alternate Key Numbers:
3924628, 3924629, 3924630, 3924631, 3924632, 3924633
Page 6 - Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1270 PAGE 7 of 10
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 24th day of August 2021, between Granville Properties
LLC, 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:
Page 7 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1271
PAGE 8 of 10
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):
Granville Properties, LLC
poll
Signature —
Type or print name
By: _ _
Signature
Type or print name
STATE OF FiurtC:a
COUNTY OF Cq I. e
WITNESSES (Two required):
Witnesses
Signature
Type or print name
2.
Signature
Type or print name
The foregoing instrument was acknowledged before me on this day of
021, by �lD. _T_Ic1�t�rnn who is
L4vrd�on�allvkno�'�w'i to me or who has produced
as i36 T-M-ccation and who did not take an oath.
Notary Public a- �S, _ '� SEAL: 4241
w, d„
� Dens F. TWO(
Type/ print name i offU
dno_ T kw � c" i ="4 ossaes
Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, FS.,; Prepared by a Public Officer, Cih, Attome%,, Cih• of
Clermimt, Florida M712
Page 8 - Granville Properties, LLC -Utility Service Agreement
for Water 8 Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1272
PAGE 9 of 10
EXHIBIT "C"
DIMENSION PLAN
Granville Properties - Master Site Plan:
e a I j
' a
.:.®I"' { 1'i_ p� ° ... ��1�i ip�p�iMly __ 1 I i•i I �) ��, o� t
--LILLLLI ! Cm
_ _ r» +Tie —•;;non; M
at
Ylr•w.
- — - �t' M 1C71#N
-- 14YMIitOp
Page 9 - Granville Properties, LLC -Utility Service Agreement
for Water 8 Wastewater
INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1273 PAGE 10 of 10
EXHIBIT "D"
LOCATION MAP
Page 10 - Granville Properties, LLC -Utility Service Agreement
for Water 8 Wastewater
#2021-095-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Granville Properties, LLC, and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for an office/warehouse facility 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 to the property. 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 development; 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 upon Owner receiving a Certificate
of Occupancy from Lake County; 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. WATER/SEWER/RECLAIMED - 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 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.
1.4 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 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
1.5 The OWNER shall be responsible for the construction of all onsite lines and
appurtenances to serve the project, as well as costs associated with the connection to the
existing infrastructure off -site. 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 improvements. No Certificate of Occupancy shall be issued until
water and sewer improvements have been completed and accepted by the CITY.
1.6 The OWNER shall be responsible for all costs of onsite improvements 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.
1.7 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.
1.8 Irrigation shall be provided by private well for common areas.
1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
1.10 The City may require a looped system to provide reliability and redundancy to the property.
1.11 The development shall be in substantial compliance with the Dimension Plan shown in
Exhibit "C". Major changes as determined by the Clermont Site Review Committee may
require an amendment to this Agreement.
1.12 This Agreement shall be voided after five (5) years if building permits have not been issued
and building construction has not started.
1.13 The Agreement shall be for 4,700 gpd for water based on an annual average and 4,020
gpd for sewer based upn annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64).
(b) The project shall be developed in substantial accordance with the Site Plan as
submitted with the Utility Service Agreement request, dated July 14, 2021 by Germana
Engineering.
Page 2 — Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
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". 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
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Granville Properties LLC
11905 Egret Bluff
Clermont, FL 34711
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Page 3 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
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.
IN WITNESS WHEREOF, the parties hereto have made and
date listed below. CITY through its City Manager, authorized
action, and OWNER through
DATED this �� day of , 2021.
executed this Agreement on the
to execute same by City Council
CITY OF CLERMONT
TTEST:
Tim Murry, ayor Tracy Ackroyd H e, MMC, City Clerk
Appro a orm an ality:
--,
Dani . Mantzaris, City Attorney
Page 4 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
OWNER: Granville Properties, LLC
Title:
Signature
h �,qOY14 �J&V\-
Print Name
STATE OF Flout ac,
COUNTY OF LXXV_t _
PQ6,s ►a,4 1
The foregoin instrument was acknowledged before me on this
2021, by b_eV_t_ _ 1,�I .
or who has produced
not take an oath.
Notary Public SEAL:
Type/print name _DCUf1A TO� (of
3o day of S kmbLr
who ' er onally now o me
as who did
�4� �Notary Public State of Florida
Dana F. Taylor
+� MY Commission HH 055M5
'i�p� Expires 10/21/2024
Page 5 - Granville Properties, LLC -Utility Service Agreement
for Water & Wastewater
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Granville Properties, LLC
Description:
LEGAL DESCRIPTION: (PREPARED BY SURVEYOR)
That part of Tracts 24 and 25, LAKE HIGHLAND SUBDIVISION, Section 26, Township 22 South,
Range 26 East, as recorded in Plat Book 3, Page 24, Public Records of Lake County, Florida,
described as follows:
Commence at the Southwest corner of Tract 25, thence North 00 degrees, 56'04" West along
the West line of said Tract 25 and 24 a distance of 660.00 feet to the Point of Beginning.
Thence continue North 00 degrees 56'04" West, along said West line 220.0 feet;
Thence North 89 degrees 36'36" East 466.30 feet; thence South 00 degrees 53'49" East 220 feet;
thence South 89 degrees 36'37" West, 466.15 feet to the Point of Beginning.
Lake County Alternate Key Numbers:
3924628, 3924629, 3924630, 3924631, 3924632, 3924633
Page 6 — Granville Properties, 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 24th day of August 2021, between Granville Properties
LLC, 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:
Page 7 — Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
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):
Granville Properties, LLC
By:
— *4n
Signature
l
Type or print name
Signature
Type or print name
STATE OF Ft o ri e_-Ac-
COUNTY OF L c- v- c
WITNESSES (Two required):
Witnesses
1.
Signature
Type or print name
2.
Signature
Type or print name
The foregoing instrument was acknowledged before me on this 3U' day of
b.c.r M21, by 12c be i+. Tinon� �so�
er onally kn0 to me or who has produced
as 1 en ica on and who did not take an oath.
Notary Public SEAL:
Notary Public State of Florida
Dana F. Taylor
Type/print name C�Oy'\0. TC`y ��� Foe,
� Pveea 0/2120on 24 0556fi5
,
who is
Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attomey, City of
Clermont Florida 34712
Page 8 — Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
EXHIBIT "C"
DIMENSION PLAN
Granville Properties - Master Site Plan:
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PROPOSED
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----
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BITE QATA
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N. 2011.OID7
i,NA. ana
Page 9 — Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater
Ir
5
CS
EXHIBIT "D"
LOCATION MAP
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.f
Site
_ _ - _ _ _ _ /Ili.►`. .. �-..... _ _ _..
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APAcr�f aR I
iiwrrt
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f`- I e r ✓� IY�� y 1 -_ -�Irr �"��`-f'rr' ��-+•. ,r �� « •�/�.�.< 'If .v�r.
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Page 10 —Granville Properties, LLC —Utility Service Agreement
for Water & Wastewater