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Contract 2022-153AINSTRUMENT#: 2022152738 OR BK 6057 PG 1346 PAGES: 15 11/28/2022 4:05:17 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $129.00 UTILITY SERVICE AGREEMENT FOR WATER & WASTEWATER This Agreement is entered into this?Sday of , 2022 by and between the City of Clermont, a Florida Municipal Corporation, hereinafter referred to as "CITY", and McKINNON GROVES, LLLP, whose address is PO Box 979, Oakland, Florida 34760; DAYNE A. AND LISA A. JONES, whose address is 18010 Lookout Hill Road, Winter Garden, Florida 34787, and THE PRESERVE AT AVALON, LLC, whose address is 3333 South Orange Avenue, #200, Orlando, Florida 32806, their successors, transferees and assigns, hereinafter collectively referred to as "OWNER". WITNESSETH Whereas, OWNER owns that certain property consisting of approximately 357+/- acres as more particularly described in Exhibit `A', attached hereto and incorporated herein, hereinafter referred to as the "PROPERTY"; and Whereas, the PROPERTY is located in unincorporated Lake County and OWNER is requesting water and sewer utility service from the CITY; and Whereas, as a condition of CITY providing said water and sewer service to the PROPERTY OWNER will extend water and sewer lines as needed to serve the PROPERTY in accordance with the minimum requirements of CITY Land Development Regulations, its water and sewer specifications and as required to meet the flow demands for the subdivision; and Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water and/or sewer lines and appurtenances in order to provide additional capacity to other properties; and Whereas, as a condition of the provision of water and sewer service to the PROPERTY by the CITY, subject to the terms and conditions contained herein, OWNER agrees that this Agreement shall constitute an unconditional application to annex the PROPERTY into the City of Clermont, if CITY chooses to do so; and Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which water and sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. OFF -SITE WATER/SEWER — Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide water and sewer service for the PROPERTY for residential utility flow/demand of 148,279 gpd for water, 126,711 gpd for sewer and, when available, 396,381 gpd of reclaimed water for irrigation. Page 1 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1347 PAGE 2 of 15 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY as more particularly depicted in Exhibit `B' attached hereto and incorporated herein. 1.3 The route of any offsite lines shall be according to engineering plans produced by OWNER and approved by the CITY. The route is generally depicted in Exhibit `B' attached hereto and incorporated herein. 1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development. 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. 1.5.1 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. Reimbursement to OWNER for the cost hereunder shall be solely in the form of water and/or sewer impact fee credits. 1.5.2 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 within thirty (30) days from the date the OWNER provides to the CITY. 1.5.3 Prior to the commencement of construction, OWNER and CITY shall agree on the cost difference, which will be eligible for reimbursement as set forth herein. 1.5.4 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. CITY shall reimburse OWNER for the difference in costs as determined above solely in the form of water and/or sewer impact fee credits. 1.5.5 The Impact Fee Credits shall be established subject to this Section 1.5 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. 1.5.6 Impact Fee Credits may be transferred outside of the PROPERTY but may be assigned to any transferee, heir, assign or successor in interest or title to part or all of said PROPERTY. 1.6 The OWNER shall be responsible for the construction of all on site and off site lines and appurtenances to serve the project or any oversizing as referred to above. No building permits shall be applied for by OWNER or its agents or assigns or issued until the later of: i) water and sewer are provided to the site or until a bond or letter of credit, acceptable to Page 2 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1348 PAGE 3 of 15 CITY, is in place to guarantee completion of off -site improvements or ii) the PROPERTY has been annexed into the City of Clermont. No Certificate of Occupancy shall be issued until water and sewer extensions have been completed and accepted by the CITY. 1.7 OWNER acknowledges that as of the effective date of this Agreement and for an undetermined period of time thereafter, CITY will not have sufficient or available reclaimed water to be used for irrigation on the PROPERTY. As a result, OWNER agrees that until such time as sufficient quantities of reclaimed water, as determined by CITY, are available to irrigate the PROPERTY, OWNER, at its expense, shall: 1.7.1 construct, operate and maintain a private well to be used to irrigate the PROPERTY; 1.7.2 construct, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY. 1.8 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.9 The City may require a looped system to provide reliability and redundancy to the PROPERTY. 1.10 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. Section 2. DEVELOPMENT STANDARDS 2.1 Except as provided below, the PROPERTY shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 2.2 The PROPERTY shall be developed in substantial accordance with the McKinnon Groves PUD Ordinance 2021-36, RZ-20-36-2, approved by the Lake County Board of County Commissioners recorded January 10, 2022 in Official Records Book 5874, Page 774, of the Public Records of Lake County, Florida, the Settlement Agreement dated February 16, 2022 between Fox Meadow Homeowners Association, Inc. and Brian Blair, and OWNER, and the utility service plan as submitted to the City. Section 3. ANNEXATIONBUILDING PERMITS The OWNER agrees that the CITY may annex the PROPERTY into the City of Clermont, if the CITY, in its sole discretion, chooses to do so. Notwithstanding the foregoing, unless otherwise agreed to by the parties, the CITY agrees that it shall not annex the PROPERTY or any portion thereof, until the earlier of the time that (i) the construction plans and final plat have been approved by Lake County or (ii) two (2) years after the effective date of this AGREEMENT. In conjunction herewith, the OWNER shall provide to the CITY a Notice of Encumbrance to Annex the PROPERTY in a form substantially in compliance with the form set forth in Exhibit "C", attached Page 3 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1349 PAGE 4 of 15 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 PROPERTY described therein. The Notice of Encumbrance shall be executed by all owners of the PROPERTY and shall be accompanied, at the OWNER'S expense, by a current certificate of title or opinion letter acceptable to the CITY and issued by a licensed title company or attorney identifying all owners in interest of the ENTIRE PROPERTY. All land transfers by the 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. Notwithstanding anything above to the contrary, the OWNER expressly agrees that it shall not apply for a building permit for any structure to be constructed on the PROPERTY until such time as the PROPERTY has been annexed into the City of Clermont. Notwithstanding the foregoing, in the event the CITY fails to annex the PROPERTY, within six (6) months of the expiration of the annexation restriction above the CITY shall continue to provide utility services to the PROPERTY and the OWNER shall be able to apply and receive building permits from Lake County. Owner agrees, however, that in the event CITY fails to annex the PROPERTY, the Notice of Encumbrance to Annex shall remain in full force and effect and CITY may annex the property at any time thereafter. Section 4. DEFAULT In the event of default by OWNER of any of the terms and conditions of this Agreement, the OWNER expressly agrees and consents that the CITY shall have the right to not provide water and sewer service to the PROPERTY, or if applicable, terminate water and sewer service to the PROPERTY. Section 5. 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 6. 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 Page 4 - McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1350 PAGE 5 of 15 OWNER McKinnon Groves LLLP 15400 Oakland Avenue Winter Garden, Florida 34787 Lisa and Dayne Jones 18010 Lookout Hill Road Winter Garden, Florida 34787 With copy to: Anita Geraci-Carver, Esquire Law Office of Anita Geraci-Carver, PA 1560 Bloxam Avenue Clermont, Florida 34711 Section 7. AMENDMENTS The Preserve at Avalon, LLC 7575 Dr. Phillips Boulevard Suite 245 Orlando, Florida 32819 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Section 8. 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 day of CQL+-C ae-1r CITY OF CLERMONT Tim Murry, ayor Nj proved as fo foou- 4cgality: `-11r w�C'ity ttorney Page 5 - McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1351 PAGE 6 of 15 OWNER: McKinnon Groves LLLP, a Florida limited liability partnership By: McKinnon Corporation, a Florida corporation, its Managing Partner rVV {' Title: President and Partner Signature Maurice M. Bovd Print Name STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of OP -physical presence or ❑ online notarization, thisVday of nDjje!pjW- , 2022 by Maurice M. Boyd, as President of McKinnon Corporation, a Florida corporation, the Managing Partner of McKinnon Gr ves LLLP, a Florida limited liability partnership, on behalf of said entities. He/she is repr onally known to me or has produced as identification. DONNA L. DIVINE NOTARY PUBLIC [Notary Sea STATE OF FLORIDA Nrtalry Public W CtxnffW GG287043 7Dot 2 o i we s e Expires 2/9/2023 Name typed, printed or -stamped My Commission Expires: 0 DAYNE A. ANDNr L,�IS�A_�A._J_ONES l V- V- Signature Dayne A. Jones Print Name J Signature Lisa A. Jones Page 6 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1352 PAGE 7 of 15 Print Name STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of 12/physical presence or ❑ online notarization, thi4 day of nt)()pb4ar , 2022 b Dayne A. Jones and Lisa A. Jones. They are [ ] personally known to me or have producedas identification. DONNA L. DIVINE t NOTARY PUBLIC [Notary Sep STATE OF FLORIDA ComrrW GG287043 Expires 2/9/2023 THE PRESERVE AT AVALON, LLC, a Florida limited liability company, -4� r,�&�ULM- �O� ~ ary Public Name typed, printed or stamped My Commission Expires: Title: Manager Signature Robert Holston Print Name STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrumas�aw ,d a before me by means ofysical presence or ❑ online notarization, thi day4if ' P ��_ 2'- , 2022 by Robert Holston, as Manager of The erve at Avalon, LLC, a Florida emit d liability company, on behalf of said entity. He/she is onally known to me or has produced as identification. [Notary S I J4; ""��,,,, Notary Public Sot of Florft �.1 SW My Co y T sio �`* My Comm�awon GG 9117e3 Ewm 1Z/ZZ/ZOZ7 Name typed, printed or y My Commission Expires Page 7 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1353 PAGE 8 of 15 EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1 Alternate Key No. 1028418 The Southeast One Quarter (SE 1/4) of Section 12, Township 23 South, Range 26 East, all lying and being in Lake County, Florida, LESS AND EXCEPT all that portion of that certain plat of Avalon Hills recorded in Plat Book 57, Pages 42, 43 and 44, Public Records of Lake County, Florida, and Less and Except road right-of-way. OR BK 4810, PG 1926 Parcel 2: Alternate Key No. 1593182 The North 1/2 of the Southeast 1/4 of Section 1, Township 23 South, Range 26 Ewt; Lake County, Florida. Less the North 25 feet for right of way by virtue of the Quit -Claim Deed recorded in Deed Book 345, Page 45, Public Records of Lake County, Florida. :.ii The South 1/2 of the Southeast 1/4 of Section 1, Township 23 South, Range 26 East, Lake County, Florida. OR BK 3397, PG 1895 Parcel 3: Alternate Key No. 1028396 THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RAME 26 BAST, LESS THE NORTH 30 >IHET THEREOF, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. OR BK 1639, PG 787 Parcel 4: Alternate Key No. 1028400 The South 1/2 of the Southeast'/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Public Records of Lake County, Florida, and The East 30 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Public Records of Lake County, Florida. OR BK 5010, PG 1069 Page 8 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1354 PAGE 9 of 15 Parcel 5: Alternate Key No. 1594022 The SW 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, AND: A 30 foot wide strip of land over the North 30 feet of the North 1/2 of the SE 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, lying in Lake County, Florida. LESS AND EXCEPT: A 30 foot wide strip of land over the East 30 feet of the SW 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida. OR BK 2609, PG 1259 Parcel 6: Alternate Key No. 1594006 A parcel of land being a portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Commence at the Northwest corner of the Northeast 1/4 of said Section 12; thence run South 00°3642" West along the west line of said Northeast 1/4 for a distance of 25.00 feet to the POINT OF BEGINNING; thence South 89°35'26" East along a line 25.00 feet South of and parallel to the North line of said northeast 1/4 of a distance of 632.12 feet; thence South 00°34'59" West for a distance of 1221.76 feet; thence South 89°31'05" East along a line 75.00 feet North of and parallel to the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 656.27 feet; thence South 00°33'15" West along the East line of said Northwest 1/4 of the Northeast 1/4 for a distance of 75.00 feet; thence North 59°31'05" West along the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 1319.07 feet; thence North 00*36' 42" East along the West line of said Northeast 1/4 for a distance of 1295.96 feet to the POINT OF BEGINNING. OR BK 2705, PG 1217 Parcel 7: Alternate Key No. 1593999 A parcel of land being a portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Page 9 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1355 PAGE 10 of 15 Begin at the Northwest comer of the Northeast 1/4 of said Section 12; thence run South 89° 3526" East along the North line of said Northeast 1/4 for a distance of 1317.76 feet; thence South W 33'l6" West along the East line of said Northwest 1/4 of the Northeast 1/4 for a distance of 1247.62 feet; thence North 890 31'05" West along a line 75.00 feat North of and parallel to the South line of said Northwest 114 of the Northeast 1/4 for a distance of 68627 feet; thence North 000 34'59" East, for a distance of 1221.76 feet; thence North 89° 35126" West along a line 25.00 feet South of and parallel to the North line of said Northeast 1/4 for a distance of 632.12 feet; thence North 07 3642" East along the West line of said Northeast 1/4 for a distance of 25.00 feet to the Point of Beginning. OR BK 3397, PG 1895 Page 10 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement LJ A M-ri A t/1 n a W L0 M .1 W C7 Q a t` LO 0 �o 8 al a O m M N M N N O N ZW E-r z lz H U) z H AIDS H ROAD SHT OF WAY) EXHIBIT fltl!'lllC TYY. G L SUMMUT MOlake Lucien Dr. Suite 350 Maidlr4 FL 32750 (. v n -mn McKi=n Gmves Development Lakam'r,fledh Preliminary P 1 at Utility Plan One SHW- F NUMBER 23 OF 48 INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1357 PAGE 12 of 15 EXHIBIT "C" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this (Q6 day of 2022, between McKINNON GROVES, LLLP, whose address is PO Box 979, Oakland, Florida 34760; DAYNE A. AND LISA A. JONES, whose address is 18010 Lookout Hill Road, Winter Garden, Florida 34787, and THE PRESERVE AT AVALON, LLC, whose address is 3333 South Orange Avenue, #200, Orlando, Florida 32806„ 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, and consistent with the Utility Services Agreement for Water and Wastewater between GRANTOR and Grantee dated f,6 2022. 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" 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 11 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1358 PAGE 13 of 15 PROPERTY OWNER(S): McKinnon Groves LLLP, a Florida limited liability partnership By: McKinnon Corporation, a Florida corporation, its Managing Partner Signature Maurice M. Bovd Type or print name Title: President/Partner STATE OF FLORIDA COUNTY OF ORANGE WITNESSES (Two required): Witnesses Type or print name 2. Signature _A4ot G'''raci - 4ryer Type or print name The foregoing instrument was acknowledged before me by means of V'physical presence or O online notarization, thiQ1day of11 Ue e', 2022 by Maurice M. Boyd, as President of McKinnon Corporation, a Florida corporation, the Managing Partner of McKinnon Groves LLLP, a Florida limited liability partnership, on behalf of said entities. He/she is [personally known to me or has produced _ as identification. DONNA L. DIVINE Not Se NOTARY PUBLIC � . ry Public [ c STATE OF FLORIDA if &- ComrnOt GG287D43 ame typed, printed or stam Expires 219/2023 My Commission Expires: JVJV3 Signature Dayne A. Jones Witnesses �Ignat�ure -I&?jy=aw_b • �.J i V i t1 C - Page 12 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1359 PAGE 14 of 15 Type or print name �? Signature Lisa A. Jones STATE OF FLORIDA COUNTY OF ORANGE Type or print name /� 2. �LA.VI L �— l Al AAVO Signature P nn roer Type or print name The foregoing instrument was acknowledged before me by means of �hysical presence or O online notarization, thisA day of r , 2022 by Davne A. Jones and Lisa A. Jones. They are [ ] personally known to me or have produced 9CO ; vem ,L• )e"c as identification. , t►�p A DONNA L DIVINE [Notary S ; NOTARY PUBLIC STATE OF FLORIDA Comm# GG287043 si a tieje Expires 219/2023 The Preserve at Avalon, LLC, a Florida limited liability company, By: .: Signature Robert Holston Type or print name Title: Manager STATE OF FLORIDA COUNTY OF ORANGE '-Notary Public 1 1 Wme typed, printed or stamped My Commission Expires: v13 Witnesses 1. �. i lature rf1T�U� Type or punt name ~Signature %VLw'o-s Type or print name The foregoing instrument acknow}cdged before me by means 0( hysical presence or 0 online notarization, thi ay of OW.,, -CV, 2022 by Robert Ho ston, as Manager of The Preserve at Avalon, LLC, a Florida limited liability company, on behalf of said entity. He/she is Page 13 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement INSTRUMENT# 2022152738 OR BOOK 6057/PAGE 1360 PAGE 15 of 15 Pentifi rsonally known to me or has produced as cation. [Notary Seal] Notary Pu tic le /C4 f- o^� NO1n P bk s'"° of Fbd" Name typed, printed or staii ped Wesley T sal . My , cc e41:e3 My Commission Expires: _Z._ �►r E*Ms 12/22/2023 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 Page 14 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement UTILITY SERVICE AGREEMENT FOR WATER & WASTEWATER This Agreement is entered into this25day of 2022 by and between the City of Clermont, a Florida Municipal Corporation, hereinafter referred to as "CITY", and McKINNON GROVES, LLLP, whose address is PO Box 979, Oakland, Florida 34760; DAYNE A. AND LISA A. JONES, whose address is 18010 Lookout Hill Road, Winter Garden, Florida 34787, and THE PRESERVE AT AVALON, LLC, whose address is 3333 South Orange Avenue, #200, Orlando, Florida 32806, their successors, transferees and assigns, hereinafter collectively referred to as "OWNER". WITNESSETH Whereas, OWNER owns that certain property consisting of approximately 357+/- acres as more particularly described in Exhibit `A', attached hereto and incorporated herein, hereinafter referred to as the "PROPERTY"; and Whereas, the PROPERTY is located in unincorporated Lake County and OWNER is requesting water and sewer utility service from the CITY; and Whereas, as a condition of CITY providing said water and sewer service to the PROPERTY OWNER will extend water and sewer lines as needed to serve the PROPERTY in accordance with the minimum requirements of CITY Land Development Regulations, its water and sewer specifications and as required to meet the flow demands for the subdivision; and Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water and/or sewer lines and appurtenances in order to provide additional capacity to other properties; and Whereas, as a condition of the provision of water and sewer service to the PROPERTY by the CITY, subject to the terms and conditions contained herein, OWNER agrees that this Agreement shall constitute an unconditional application to annex the PROPERTY into the City of Clermont, if CITY chooses to do so; and Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which water and sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. OFF -SITE WATER/SEWER — Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide water and sewer service for the PROPERTY for residential utility flow/demand of 148,279 gpd for water, 126,711 gpd for sewer and, when available, 396,381 gpd of reclaimed water for irrigation. Page 1 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY as more particularly depicted in Exhibit `B' attached hereto and incorporated herein. 1.3 The route of any off site lines shall be according to engineering plans produced by OWNER and approved by the CITY. The route is generally depicted in Exhibit `B' attached hereto and incorporated herein. 1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development. 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. 1.5.1 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. Reimbursement to OWNER for the cost hereunder shall be solely in the form of water and/or sewer impact fee credits. 1.5.2 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 within thirty (30) days from the date the OWNER provides to the CITY. 1.5.3 Prior to the commencement of construction, OWNER and CITY shall agree on the cost difference, which will be eligible for reimbursement as set forth herein. 1.5.4 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. CITY shall reimburse OWNER for the difference in costs as determined above solely in the form of water and/or sewer impact fee credits. 1.5.5 The Impact Fee Credits shall be established subject to this Section 1.5 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. 1.5.6 Impact Fee Credits may be transferred outside of the PROPERTY but may be assigned to any transferee, heir, assign or successor in interest or title to part or all of said PROPERTY. 1.6 The OWNER shall be responsible for the construction of all on site and off site lines and appurtenances to serve the project or any oversizing as referred to above. No building permits shall be applied for by OWNER or its agents or assigns or issued until the later of i) water and sewer are provided to the site or until a bond or letter of credit, acceptable to Page 2 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement CITY, is in place to guarantee completion of off -site improvements or ii) the PROPERTY has been annexed into the City of Clermont. No Certificate of Occupancy shall be issued until water and sewer extensions have been completed and accepted by the CITY. 1.7 OWNER acknowledges that as of the effective date of this Agreement and for an undetermined period of time thereafter, CITY will not have sufficient or available reclaimed water to be used for irrigation on the PROPERTY. As a result, OWNER agrees that until such time as sufficient quantities of reclaimed water, as determined by CITY, are available to irrigate the PROPERTY, OWNER, at its expense, shall: 1.7.1 construct, operate and maintain a private well to be used to irrigate the PROPERTY; 1.7.2 construct, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY. 1.8 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.9 The City may require a looped system to provide reliability and redundancy to the PROPERTY. 1.10 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. Section 2. DEVELOPMENT STANDARDS 2.1 Except as provided below, the PROPERTY shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. 2.2 The PROPERTY shall be developed in substantial accordance with the McKinnon Groves PUD Ordinance 2021-36, RZ-20-36-2, approved by the Lake County Board of County Commissioners recorded January 10, 2022 in Official Records Book 5874, Page 774, of the Public Records of Lake County, Florida, the Settlement Agreement dated February 16, 2022 between Fox Meadow Homeowners Association, Inc. and Brian Blair, and OWNER, and the utility service plan as submitted to the City. Section 3. ANNEXATION/BUILDING PERMITS The OWNER agrees that the CITY may annex the PROPERTY into the City of Clermont, if the CITY, in its sole discretion, chooses to do so. Notwithstanding the foregoing, unless otherwise agreed to by the parties, the CITY agrees that it shall not annex the PROPERTY or any portion thereof, until the earlier of the time that (i) the construction plans and final plat have been approved by Lake County or (ii) two (2) years after the effective date of this AGREEMENT. In conjunction herewith, the OWNER shall provide to the CITY a Notice of Encumbrance to Annex the PROPERTY in a form substantially in compliance with the form set forth in Exhibit "C", attached Page 3 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement 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 PROPERTY described therein. The Notice of Encumbrance shall be executed by all owners of the PROPERTY and shall be accompanied, at the OWNER'S expense, by a current certificate of title or opinion letter acceptable to the CITY and issued by a licensed title company or attorney identifying all owners in interest of the ENTIRE PROPERTY. All land transfers by the 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. Notwithstanding anything above to the contrary, the OWNER expressly agrees that it shall not apply for a building permit for any structure to be constructed on the PROPERTY until such time as the PROPERTY has been annexed into the City of Clermont. Notwithstanding the foregoing, in the event the CITY fails to annex the PROPERTY, within six (6) months of the expiration of the annexation restriction above the CITY shall continue to provide utility services to the PROPERTY and the OWNER shall be able to apply and receive building permits from Lake County. Owner agrees, however, that in the event CITY fails to annex the PROPERTY, the Notice of Encumbrance to Annex shall remain in full force and effect and CITY may annex the property at any time thereafter. Section 4, DEFAULT In the event of default by OWNER of any of the terms and conditions of this Agreement, the OWNER expressly agrees and consents that the CITY shall have the right to not provide water and sewer service to the PROPERTY, or if applicable, terminate water and sewer service to the PROPERTY. Section 5. 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 6. 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, F134712-0219 Page 4 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement OWNER McKinnon Groves LLLP 15400 Oakland Avenue Winter Garden, Florida 34787 Lisa and Dayne Jones 18010 Lookout Hill Road Winter Garden, Florida 34787 With copy to: Anita Geraci-Carver, Esquire Law Office of Anita Geraci-Carver, PA 1560 Bloxam Avenue Clermont, Florida 34711 Section 7. AMENDMENTS The Preserve at Avalon, LLC 7575 Dr. Phillips Boulevard Suite 245 Orlando, Florida 32819 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Section 8. 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 �_ day of&--+cbe-.r , 2022. M CITY OF CLERMONT ATTEST: Tim Murry, NlayorN Tracy AckroycT Howe, MMC, City Cle'3 --� Page 5 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement OWNER: McKinnon Groves LLLP, a Florida limited liability partnership By: McKinnon Corporation, a Florida corporation, its Managing Partner rvL Signature Maurice M. Boyd Print Name STATE OF FLORIDA COUNTY OF ORANGE Title: President and Partner The foregoing instrument was acknowledged before me by means of t N'physical presence or ❑ online notarization, thisAjday of /iDIye jW- , 2022 by Maurice M. Boyd, as President of McKinnon Corporation, a Florida corporation, the Managing Partner of McKinnon Gr ves LLLP, a Florida limited liability partnership, on behalf of said entities. He/she is McKinnon known to me or has produced as identification. DONNA L. DIVINE 1YA� NOTARY PUBLIC [Notary Sea !STATE OF FLORIDA 9 ? Comm# GG287043 VP Expires 2/9/2023 DAYNE A. AND LISA A. JONES 1/ V— Signature Dayne A. Jones Print Name Signature Lisa A. Jones 'Notary Public Da n a- �,. ,•vtwe Name typed, printed or stamped My Commission Expires: 42 p Page 6 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement Print Name STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this( day of j-fl ()p Qr , 2022 WMLICC5 A. Jones and Lisa A. Jones. They are [ ] personally known to me or have produced 1--%Leans! as identification. i�ARy4sso DONNA L DIVINE NOTARY PUBLIC [Notary Sea STATE OF FLORIDA W a Comm# GG287043 SINCE 19�0 Expires 2/9/2023 THE PRESERVE AT AVALON, LLC, a Florida limited liability company, teary Public S.1iGn na. it! %Qi'Il l'. Name typed, printed or stamped My Commission Expires: ' 020 i4:::Title: Manager Signature Robert Holston Print Name STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrumeas aw before me by means ofysical presence or ❑ online notarization, thi day,�C!da/iimli� ,2022 by Robert Holston, as Manager of The e at Avalon, LLC, a Floliability company, on behalf of said entity. He/she is sonally known to me or has produced as >t entification. [Notary S 1,��4 Notary Public sine a Florida Wesley T Bel y My Commission GG 941783 or w Expires 12/22/2023 Name typed, printed or �qf My Commission Expires: Page 7 - McKinnon Groves Water and Wastewater Sewer Utility Service Agreement EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1: Alternate Key No. 1028418 The Southeast One Quarter (SE 1/4) of Section 12, Township 23 South, Range 26 East, all lying and being in Lake County, Florida, LESS AND EXCEPT all that portion of that certain plat of Avalon Hills recorded in Plat Book 57, Pages 42, 43 and 44, Public Records of Lake County, Florida, and Less and Except road right-of-way. OR BK 4810, PG 1926 Parcel 2: Alternate Key No. 1593182 The North 1/2 of the Southeast 1/4 of Section 1, Township 23 South, Range 26 East; Lake County, Florida. Less the North 25 feet for right of way by virtue of the Quit -Claim Deed recorded in Deed Book 345, Page 45, Public Records of Lake County, Florida WN-i7 The South 1/2 of the Southeast 1/4 of Section 1, Township 23 South, Range 26 East, Lake County, Florida. OR BK 3397, PG 1895 Parcel 3: Alternate Key No. 1028396 THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LESS THE NORTH 30 FEET THEREOF, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. OR BK 1639, PG 787 Parcel 4: Alternate Key No, 1028400 The South '/z of the Southeast'/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Public Records of Lake County, Florida, and The East 30 feet of the South'/2 of the Southwest'/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Public Records of Lake County, Florida. OR BK 5010, PG 1069 Page 8 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement Parcel 5: Alternate Key No. 1594022 The SW 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, AND: A 30 foot wide strip of land over the North 30 feet of the North 1/2 of the SE 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, lying in Lake County, Florida. LESS AND EXCEPT: A 30 foot wide strip of land over the East 30 feet of the SW 1/4 of the NE 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida. OR BK 2609, PG 1259 Parcel 6: Alternate Key No. 1594006 A parcel of land being a portion of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Commence at the Northwest corner of the Northeast 1/4 of said Section 12; thence run South 00°36'42" West along the west line of said Northeast 1/4 for a distance of 25.00 feet to the POINT OF BEGINNING; thence South 89°35'26" East along a line 25.00 feet South of and parallel to the North line of said northeast 1/4 of a distance of 632.12 feet; thence South 00°34'59" West for a distance of 1221.76 feet; thence South 89°31'05" East along a line 75.00 feet North of and parallel to the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 656.27 feet; thence South 00°33'15" West along the East line of said Northwest 1/4 of the Northeast 1/4 for a distance of 75.00 feet; thence North 59°31'05" West along the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 1319.07 feet; thence North 00*36' 42" East along the West line of said Northeast 1/4 for a distance of 1295.96 feet to the POINT OF BEGINNING. OR BK 2705, PG 1217 Parcel 7: Alternate Key No. 1593999 A parcel of land being a portion of the Northwest 1/4 of the Northeast 114 of Section 12, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Page 9 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement Begin at the Northwest corner of the Northeast 1/4 of said Section 12; thence run South 89' 3526" East along the North line of said Northeast 1/4 for a distance of 1317.76 feet; thence South 00' 33'16" West along the East line of said Northwest 1/4 of the Northeast 1/4 for a distance of 1247.62 feet; thence North 89° 31'05" West along a line 75.00 feet North of and parallel to the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 686.27 feet; thence North 00' 3459" East, for a distance of 1221.76 feet; thence North 89' 35'26" West along a line 25.00 feet South of and parallel to the North line of said Northeast 1/4 for a distance of 632.12 feet; thence North 00° 36'42" East along the West line of said Northeast 1/4 for a distance of 25.00 feet to the Point of Beginning. OR BK 3397, PG 1895 Page 10 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement .1:.11,111, 'C.uf. cob.4ci ro msralG Ir .�c wallRNR1R Ii' tie RlCINN H A RTWO O 1 1 1 A K5 H ROAD G L SUMMITT (face: la1Ce Mary li' NC IWR1111p I --------------- (PUBLIC (, KIGMT OF WAlo ..�,..»a,o, r , \ f 11lN li' REOAIN NYN `` OaroW 4011G RlAIIGNlD NYTYDOp 1MRSN RORD ``� sw•1 `\ YM !' RDIflMNN ` NEZo —wR RWTIND KONC NUN REALIMC q 1 _aaa RDY3ING fuaND RlIIIDNlD ` \ NMTNDDD MIN1511 ROIa N MARSH Ra11D I ` \� FS•1 "os" Es-1 s Wt L — M 10 .. / Iz33 39 29 r � 38 22 21 SEE SHEET 25 OF 48 EXHIBIT 13 - * Lake Lucien Dr. uite 350 lidanll, FL 32750 (321) 273.5473 :Kinnon Groves Plat Utility Plan One `o Cad o � R—W— SHEET NUMBER 23 OF 48 EXHIBIT "C" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 442 day of &h[P.C, 2022, between McKINNON GROVES, LLLP, whose address is PO Box 979, Oakland, Florida 34760; DAYNE A. AND LISA A. JONES, whose address is 18010 Lookout Hill Road, Winter Garden, Florida 34787, and THE PRESERVE AT AVALON, LLC, whose address is 3333 South Orange Avenue, #200, Orlando, Florida 32806„ 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, and consistent with the Utility Services Agreement for Water and Wastewater between GRANTOR and Grantee dated 2022. 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" 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 11 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement PROPERTY OWNER(S): McKinnon Groves LLLP, a Florida limited liability partnership By: McKinnon Corporation, a Florida corporation, its Managing Partner By: 144 ZaQ4,�C Signature Maurice M. Boyd Type or print name Title: President/Partner STATE OF FLORIDA COUNTY OF ORANGE WITNESSES (Two required): Witnesses mo 1 1-ddlam' . /.. '�Dtlinn4-Z -2)10t,L= Type or print name Signature Ayill -a Ge-raci -Carver Type or print name The foregoing instrument was acknowledged before me by means of Vphysical presence or ❑ online notarization, this day of 11 p y e s', 2022 by Maurice M. Boyd, as President of McKinnon Corporation, a Florida corporation, the Managing Partner of McKinnon Groves LLLP, a Florida limited liability partnership, on behalf of said entities. He/she is [personally known to me or has produced DONNA L. DIVINE [Notary Se r n NOTARY PUBLIC o !-:STATE OF FLORIDA W Comm# GG287043 •S��CE Expires 2/9/2023 VA"'— vv-- Signature Dayne A. Jones as identification. ry .�Public / �� 1�hn /ILL- Name typed, printed or staZvi-10-6-25 My Commission Expires: Witnesses ignature 1 Es ! ' 0 1 chna.. b • 1.JiVi nC. Page 12 - McKinnon Groves Water and Wastewater Sewer Utility Service Agreement Type or print name Signature Lisa A. Jones STATE OF FLORIDA COUNTY OF ORANGE Type or print name 2. UUVJ Signature &1-6 cl - �a rver Type or print name The foregoing instrument was acknowledged before me by means of 0?'Physical presence or ❑ online notarization, this] day of /10venJer , 2022 by Dayne A. Jones and Lisa A. Jones. They are [ ] personally known to me or have produced E.L. r;yery 43c"c as identification. jay DONNA L. DIVINE [Notary S pc, NOTARY PUBLIC -STATE OF FLORIDA i Comm# GG287043 •s�NCE 19�e Expires 2/9/2023 The Preserve at Avalon, LLC, a Florida limited liability company, y: Signature Robert Holston Type or print name Title: Manager STATE OF FLORIDA COUNTY OF ORANGE ary Public e typed, printed or stamped My Commission Expires: el - Witnesses 1. i ature -ir�Uo CDA+nl* Type or print name 2. Signature Type or print name The foregoing instrumentPay—of acknow edged before me by means hysical presence or ❑ online notarization, thi� e�(/i�� S�-, 2022 by Robert Ho stohn as Manager of The Preserve at Avalon, LLC, a Florida limited liability company, on behalf of said entity. He/she is Page 13 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement rsonally known to me or has produced entification. [Notary Y Seal] Weelryey BaluoeofF�orida My Commission GG 941783 of 0 Expires 12/2212023 as Name typed, printed or sty My Commission Expires: 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 Page 14 — McKinnon Groves Water and Wastewater Sewer Utility Service Agreement