Contract 2022-122AINSTRUMENT#: 2022124311 OR BK 6024 PG 955 PAGES: 7 9/14/2022 4:42:55 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $61.00
2022.122
UTILITY SERVICE AGREEMENT - WATER
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Pablo Castillo & Francisca Castillo, 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 located
on 2.0+/- acres at 14655 Johns Lake Road, (Alt Key — 3909233) 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, 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 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 — 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 specked by the CITY Land
Development Regulations.
1 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311 OR BOOK 6024/PAGE 956 PAGE 2 of 7
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' 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
2.1 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.
2.2 The use shall be limited to a single-family residential structure with typical water use.
2.3 Existing well shall only be used for irrigation purposes and must not connect to the home
or City Water supply. The owner shall maintain a RPZ backflow device on the potable
water system.
2 — Pablo & Francisca Castillo —AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311
OR BOOK 6024/PAGE 957 PAGE 3 of 7
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, 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, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Pablo Castillo & Francisca Castillo
14655 Johns Lake Road
Clermont, FL 34711
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.
3 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311 OR BOOK 6024/PAGE 958 PAGE 4 of 7
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 it by City Councij
action.4 s,:s
DATED this 13"' day of September 2022. +u 6 s r
CITY OF CLERMONT-
ATTEST ` �✓ '� r
Tim Murry, M or
OWNER:
Pablo Castillo
Signatuo
Print Name
Francis)ca Castillo 11
Signature Print Name
STATE OF 'CI Q
COUNTY OF
, MMC, City Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared ►k1ob C%-A llo and FionCtStaCn-Albas
Ow(WY of -V(owho provided identification in
the form of F L 1M or wh6 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 � T2`M C'�( 2099
Notary Public I"'�a SEAL:
/ LL NME MARE WIBNEWM
Type/print name nk 1�tro 15nt•ewfib Notary Public
- State of Florida
e Commit HH269475
Expires 6/12/2026
4 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311 OR BOOK 6024/PAGE 959 PAGE 5 of 7
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Pablo Castillo & Francisca Castillo
14655 Johns Lake Road
Clermont, FL 34711
Description:
The East 140.00 feet of the West 1 /2 of Tract 46 in Section 33, Township 22 South, Range
26 East, of Postal Colony Company, according to the Plat thereof as recorded in Plat
Book 9, Page 65, of the Public Records of Lake County, Florida, LESS the South 33 feet
thereof for road right-of-way.
Containing 2.03 acres more or less.
Lake County Altemate Key Numbers:
3909233
5 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311 OR BOOK 6024/PAGE 960 PAGE 6 of 7
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 13th day of September, 2022, between Pablo Castillo &
Francisca Castillo, 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.
6 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
INSTRUMENT# 2022124311 OR BOOK 6024/PAGE 961 PAGE 7 of 7
PROPERTY OWNER(S):
Pablo Castillo
By:
Signature
Caps x ,'
Type or print name
Francisca Castillo
By: L;
Signature
fro, V7Csc,-
Type or print name
STATE OF Flood0..
COUNTY OF L Q
WITNESSES (Two required):
Type or print name
2.
nature
Type or print name
The foregoing instrument was acknowledged before me on this day of 5ekrA ,
20X, by&Wr, rQcAltn and Fiane-t e)Co Cq4AL-j , who is personally own to me
or who has produced L _ as identification and who did
not take an oath.
pANA& A1100LaT~q
Notary Public W SEAL: f
*"I NN2&%75
Type/print name ��� C() l5/'II�Lt)SILI plreal;/it/2mg
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
7 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
UTILITY SERVICE AGREEMENT - WATER
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Pablo Castillo & Francisca Castillo, 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 located
on 2.0+/- acres at 14655 Johns Lake Road, (Alt Key — 3909233) 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, 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 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 — 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.
1 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
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
2.1 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.
2.2 The use shall be limited to a single-family residential structure with typical water use.
2.3 Existing well shall only be used for irrigation purposes and must not connect to the home
or City Water supply. The owner shall maintain a RPZ backflow device on the potable
water system.
2 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
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, 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, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Pablo Castillo & Francisca Castillo
14655 Johns Lake Road
Clermont, FL 34711
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.
3 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
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 it by City Council
action.'14 ;
DATED this 13"' day of September 2022. r.�
CITY OF CLERMONT«t' ?;
ATTEST-
., * t.1 �E
Tim Murry, M or
OWNER:
Pablo Castillo
Signatu
Francisca Castillo
Signature
STATE OF 1
COUNTY OIF�qnk-KR—
Tracy Ackroyd FioWe, MMC, City Clerk
i;�LL27 Casfi(l-b
Print Name
Print Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared hablo Ca-► llo and f(GL'An5taCQ'- 16aS
oLo(VY of Tpe,(-km , who provided identification in
the form of F l_ L or wh6 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 F3P-0e`Mb-et , 20_aa
Notary Public SEAL:
Type/print name
NICOLE MARE WENIEV810
�(i�Ul� %y(�rl��%t)S�i Notary Public
State of Florida
Comm# HH269475
e Wres 6/12/2026
4 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Pablo Castillo & Francisca Castillo
14655 Johns Lake Road
Clermont, FL 34711
Description:
The East 140.00 feet of the West 1/2 of Tract 46 in Section 33, Township 22 South, Range
26 East, of Postal Colony Company, according to the Plat thereof as recorded in Plat
Book 9, Page 65, of the Public Records of Lake County, Florida, LESS the South 33 feet
thereof for road right-of-way.
Containing 2.03 acres more or less.
Lake County Alternate Key Numbers:
3909233
OL,
K-#KE RD
�r
5 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
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 13" day of September, 2022, between Pablo Castillo &
Francisca Castillo, 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.
6 — Pablo & Francisca Castillo — AK 3909233, Utility Service Agreement for Water Services
-i,
@s�
v.
PROPERTY OWNER(S):
Pablo Castillo
By:
Signature
C -d
Type or print name
Francisca Castillo
By: Zt��
Signature
Type or print name
STATE OF I D lri U cL
COUNTY OF C,
WITNESSES (Two required):
��o A At, C GZrG�
Type or print name
2. �—
ature
Type or print name
The foregoing instrument was acknowledged before me on this day of hn ,
20 , by1010 CQAtjn eA ffctne15Ca► Q-a t+ k\y , who is personally 6own to me
or who has produced —t_ L as identification and who did
not take an oath.
n / �SYAIlY
Notary Public • I SEAL: �y
IIIM Of Florida
ftWM
Type/print name A e-n `p t 5Y11'r-w5b HH
2694750) f2n.16
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
7 - Pablo & Francisca Castillo - AK 3909233, Utility Service Agreement for Water Services