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Contract 2022-144AINSTRUMENT#: 2022142769 OR BK 6046 PG 1418 PAGES: 13 10/31/2022 12:29:40 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $112.00 2022.144A 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 Pulte Home Company, LLC, a Michigan limited liability company, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 952 lot single-family residential subdivision and 198,634 square feet of commercial development described on Exhibit 'A', attached hereto and by this reference made a part hereof (the "Property"); 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, 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, 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. 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. 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 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1419 PAGE 2 of 13 1.5 The OWNER shall be responsible for the construction of all onsite lines and appurtenances to serve the project. With the exception of building permits for model homes, 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, 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 All Irrigation shall be provided by private well or other alternative sources acceptable to the City. 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 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 If the CITY elects to oversize the lines, then 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. 1.16 This Agreement shall be voided after five (5) years if a building permit has not been issued and building construction has not started. 1.17 The Agreement shall be for a 952 lot single-family subdivision and 198,634 square feet of commercial development at 315,395 gpd for water and 183,980 gpd for sewer based on an annual average. Page 2 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1420 PAGE 3 of 13 1.18 The Developer or its assigns, including without limitation a community development district or homeowners association, shall permit, finance, construct, own, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY or as otherwise approved by the City. 1.19 Lift station access shall meet all city criteria. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to the Wellness Way Design Guidelines. (b) The project shall be developed in substantial accordance with the Master Site Plan, last dated September 1, 2022 and prepared by VHB, as shown in Exhibit "C", subject to final engineering plans for each phase of the project. 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. Until such time as annexation occurs, 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 City acknowledges that each parcel of the Property is currently the beneficiary of agricultural exemption from ad valorem taxes. The City recognizes that the development of the Property will occur over time and in phases. Accordingly, the City has no objection to the use, or continued use, of all or any portion of the Property for agricultural uses under the agricultural lands classification and its classification as agricultural lands by the Lake County Property Appraiser under the provisions of Section 193.461, Florida Statutes, for the period after its annexation into the City and until such time as such phase of the Property is subdivided in connection with the development of such phase of the Property. Notwithstanding any comprehensive plan amendment, rezoning or other development order applicable to the Property, nothing in this Agreement or the Code is intended to impair or negate the existing or any proposed agricultural classification for ad valorem tax purposes applicable to the Property or any portion thereof as long as and to the extent that the owners of the Property or portion thereof maintain a bona fide agriculture operation on the Property or any portion thereof. The City agrees that, unless it is requested to do so by the owner of the applicable portion of the Property or its successor in interest or as required by City to enforce any applicable law or regulation not inconsistent with this Section 3, the City will take no actions nor commit any omissions with regard to the Property, which act or omission would prohibit the Property's, or the applicable portion thereof, continued agricultural use or which would otherwise be a material cause for the loss of its agricultural exemption. Page 3 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1421 PAGE 4 of 13 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: :di City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Section 6. AMENDMENTS OWNER Pulte Home Company, LLC Aaron Struckmeyer, Director — Land Development 4901 Vineland Road, Suite 500 Orlando, FL 32811 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 4 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1422 PAGE 5 of 13 Section 7. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. 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 day of , 2022. CITY OF CLERMONT Tim Murry, Ma r ATTEST: Tracy Ackroyd H e, MC, City Clerk Appro das to,fo _ard-legality` D' rney ^I r - Page 5 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1423 PAGE 6 of 13 OWNER: Pulte Home Company, LLC Title: I ir%Zllfi�t �irN� as S afure Print Oame STATE OF FLO DA COUNTY OF n The foregoing instrument was acknowled ed before me, by me s f hys'cal presence or [ ] line nota ' tion, on this �'S- day of 2022, by '"" as of Pulte Home_Cimitel.-Lability company, on behalf of the company, who is personally known to m � o' —` who has produced as`iiterttifi'catiorran o did not ce an oa . Nota(Public LA Nc&, SEAL: JEWFMM.coTcH Nogry public Type/pl'int name , Jennifer M. Cotch FkwWa Commil HH233051 IExpkes 3d2W�6 Page 6 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1424 PAGE 7 of 13 EXHIBIT "A" PROPERTY DESCRIPTION Description: PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. AND THE NORTH 112 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. Page 7 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1425 PAGE 8 of 13 AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH Page 8 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1426 PAGE 9 of 13 ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 114 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS Lake County Alternate Key Numbers: 1029198, 2689919, 1122848, 1070970, 1029201, 1594545 Page 9 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1427 PAGE 10 of 13 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 111h day of October 2022, between Pulte Home Company, LLC, 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 Grantor's 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" Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantors hand and seal the day and year first above written. Page 10 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1428 PAGE 11 of 13 PROPERTY OWNER(S): Pulte Home Company, LLC By: Signature &Lzo ! t7 c �c/k 2 L e6L— Type or print name a Signature Type or print name STATE OF FLORIDA COUNTY OF 0 IA / T e foregoing instrumen was 2022, by company, on produced take an oath. Notar3 Type/ WITNESSES (Two required): Witnesses r{ature SAi _ Type or print name 2.,��>_ Signature fir+. r Type or print nan 44 wledged before me on this day of C as ALJ�\ of Pulte Home Company, LLC, a Michigan limited liability of said company, who is personally know o me, or who has as identification and who did not SEAL: h JENMFER M. COTCH Notary Public State of Norlde Comm* NH233051 v EVIrm 3/26=6 Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont Florida 34712 Page 11 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1429 PAGE 12 of 13 EXHIBIT "C" DIMENSION PLAN Chicone - Master Site Plan: ! � :.-++•-....:.. .rod.,.'».a 0Irp169 a T it pmv 6A �` ✓ r— - —__ ,• 49b ACRE W LNF56 WAY ROW OONATIDN - - — - RIrod4 1 ..rods 'mwvhb CS;cone S PUD u...�.ns Master Plan T— 6 Page 12 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater INSTRUMENT# 2022142769 OR BOOK 6046/PAGE 1430 PAGE 13 of 13 EXHIBIT "D" LOCATION MAP Page 13 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater 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 Pulte Home Company, LLC, a Michigan limited liability company, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 952 lot single-family residential subdivision and 198,634 square feet of commercial development described on Exhibit `A', attached hereto and by this reference made a part hereof (the "Property"); 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, 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, 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. 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. 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 — Pulte Home Company, LLC — Chicone 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. With the exception of building permits for model homes, 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, 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 All Irrigation shall be provided by private well or other alternative sources acceptable to the City. 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 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 If the CITY elects to oversize the lines, then 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. 1.16 This Agreement shall be voided after five (5) years if a building permit has not been issued and building construction has not started. 1.17 The Agreement shall be for a 952 lot single-family subdivision and 198,634 square feet of commercial development at 315,395 gpd for water and 183,980 gpd for sewer based on an annual average. Page 2 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater 1.18 The Developer or its assigns, including without limitation a community development district or homeowners association, shall permit, finance, construct, own, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY or as otherwise approved by the City. 1.19 Lift station access shall meet all city criteria. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to the Wellness Way Design Guidelines. (b) The project shall be developed in substantial accordance with the Master Site Plan, last dated September 1, 2022 and prepared by VHB, as shown in Exhibit "C", subject to final engineering plans for each phase of the project. 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. Until such time as annexation occurs, 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 City acknowledges that each parcel of the Property is currently the beneficiary of agricultural exemption from ad valorem taxes. The City recognizes that the development of the Property will occur over time and in phases. Accordingly, the City has no objection to the use, or continued use, of all or any portion of the Property for agricultural uses under the agricultural lands classification and its classification as agricultural lands by the Lake County Property Appraiser under the provisions of Section 193.461, Florida Statutes, for the period after its annexation into the City and until such time as such phase of the Property is subdivided in connection with the development of such phase of the Property. Notwithstanding any comprehensive plan amendment, rezoning or other development order applicable to the Property, nothing in this Agreement or the Code is intended to impair or negate the existing or any proposed agricultural classification for ad valorem tax purposes applicable to the Property or any portion thereof as long as and to the extent that the owners of the Property or portion thereof maintain a bona fide agriculture operation on the Property or any portion thereof. The City agrees that, unless it is requested to do so by the owner of the applicable portion of the Property or its successor in interest or as required by City to enforce any applicable law or regulation not inconsistent with this Section 3, the City will take no actions nor commit any omissions with regard to the Property, which act or omission would prohibit the Property's, or the applicable portion thereof, continued agricultural use or which would otherwise be a material cause for the loss of its agricultural exemption. Page 3 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater 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 Pulte Home Company, LLC Aaron Struckmeyer, Director — Land Development 4901 Vineland Road, Suite 500 Orlando, FL 32811 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 4 — Pulte Home Company, LLC — Chicone 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. 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 ) t day of , 2022. CITY OF CLERMONT Tim Murry, Maybr ATTEST: Tracy Ackroyd Hoike, WC, City Clerk Page 5 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater OWNER: Pulte Home Company, LLC Title: DoWak)lit-- ittio Skirrature Print ame STATE OF FLOfRjDA COUNTY OF 1� The foregoing instrument was acknowled ed before me, by me s f phys'caI presence or [ ] line notari tion, on this day day of 2022, by as - e�►`` of Pulte Home C limit liability company, on behalf of the company, who is personally known to m or who has produced as i o did no, ce an o Notary Public Type/p\KQt name) --' Jennifer M. c©tch SEAL: JENNIFER M. COTCH Notary Public State of Florida Comm# HH233051 Expires 3/26/2026 Page 6 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater W11:u:111MV PROPERTY DESCRIPTION Description: PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. AND THE NORTH 112 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 112 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. Page 7 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater AND THE SOUTH 112 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH Page 8 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS Lake County Alternate Key Numbers: 1029198, 2689919, 1122848, 1070970, 1029201, 1594545 Page 9 — Pulte Home Company, LLC — Chicone 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 11th day of October 2022, between Pulte Home Company, LLC, 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 Grantor's 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" 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 10 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater PROPERTY OWNER(S): Pulte Home Company, LLC By: Signature Type or print name Signature Type or print name STATE OF FLORIDA COUNTY OF Q WITNESSES (Two required): Witnesses 1. A y�Ai o & XTr ewes' Type or print name 2.�- Signature I�.., Type or print na QT e foregoing instrumen was acknowledged before me on this � day of 2022, by as of Pulte Home Company, LLC, a Michigan limited liability company, on produced take an oath. Notary Type/ priri of said company, who is personally known to me or who has as identification and who did not SEAL: Cotch JENNIFER M. COTCH W09-% Notary PublicState of Florida Commil HH233051 CE I latpires 3/26/2026 Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont, Florida 34712 Page 11 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater Chicone - Master Site Plan: Darcel 2 Residental = u EXHIBIT "C" DIMENSION PLAN Parcel 1 I — — Resid-bal . .................. varcel3 — Parcel Patters ram- -- I Residential � Residential `tea i 7— Parcel 6A Commercvl—.—.—.—._`_ —. ._._.—.—.—.... _ 49.3 ACRE WELLNESS WAY ROW DONATION ==--- JJ L 9..J'lnaar. Master Plan C-6 �r Page 12 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater EXHIBIT "D" LOCATION MAP Page 13 — Pulte Home Company, LLC — Chicone Utility Service Agreement for Water & Wastewater