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Contract 2024-056AINSTRUMENT#: 2024116067 OR BK 6408 PG 928 PAGES: 17 10/2/2024 1:56:08 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $146.00 UTILITY SERVICE AGREEMENT FOR WATER & WASTEWATER This Agreement is entered into this 47day of AtAgu4 , 2024 by and between the City of Clermont, a Florida Municipal Corporation, hereindfter referred to as "CITY", and , Burton B. Hartle, Benson K. Hartle, Allan H. Hartle, and Miriam F. Condron, their successors, transferees and assigns, hereinafter collectively referred to as "OWNER". WITNESSETH Whereas, OWNER owns that certain property identified as ALT Key 1724899, consisting of approximately 17.89+/- 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 1. 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 and cost 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 multi -family residential utility flow/demand of up to 34,000 gpd for water and 34,000 gpd for sewer. 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; provided if City system connection points are located closer to the PROPERTY at the time OWN ER submits for plans and pen -nits and available for connection in accordance with the City's technical codes and specification, then OWNER shall have the option to Page 1 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177%200490\13627231A INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 929 PAGE 2 of 17 connect into such alternative connection points. 1.3 The route of any off site lines shall be according to engineering plans produced by OWNER and approved by the CITY. Subject to Section 1.2 above, the route is generally depicted in Exhibit `13' attached hereto and incorporated herein. 1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development. The project's lift station and sanitary forcemain shall be privately owned and maintained. 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. l .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, at the sole option of CITY, in the form of water and/or sewer impact fee credits or cash reimbursement. 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, if any, 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 In the event that available Impact Fee Credits for the cost of materials for any oversizing as contemplated herein exceed the amount of water and sewer impact fees calculated and assessed to the OWNER for the PROPERTY, the dollar amount of the excess impact fee credits may be transferred outside of the PROPERTY and assigned to any transferee, heir, assign or successor in interest for any development or project upon which water or sewer impact fees are assessed by CITY. Any transfer of impact fee credits shall be subject to and evidenced by the execution of an assignment of the credits by OWNER in a form acceptable to CITY. As an administrative fee for processing the contemplated transfer, the CITY shall receive for each assignment processed the greater of $500 or seven (7) per cent of the credit amount transferred, Page 2 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement OX94177\20b490U 3627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 930 PAGE 3 of 17 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, acceptable to 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 The OWNER shall install a master backflow and master meter at the property line, water line servicing the property, starting at the master backflow and including the master backflow, and it shall be privately owned and maintained. 1.11 This Agreement shall be voided after five (5) years ifbuilding permits have not been issued and building construction has not started. Section 2. DEVELOPMENT STANDARDS 2.1 Except as provided below in Section 2.2 and Section 3, 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 PUD Ordinance (File No. PZ2023-231, Application Request No. 5436) approved by the Lake County Board of County Commissioners and shall be a market rate multi -family project. OWNER further agrees, on behalf of itself, its heirs, transferees and assigns that it will not in the future apply for or seek consideration for any use of the PROPERTY that is eligible for consideration under Florida's Live Local Act, F.S. Section 166.04151 as may be amended, City Ordinance No. 2024-012, as may be amended or any other legislative act designed to promote affordable housing. This covenant shall specifically survive annexation of the PROPERTY into the City. Page 3 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177%200490113627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 931 PAGE 4 of 17 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 consideration of CITY's agreement to delay annexation, OWNER agrees that it will not apply for any building permit or permits until such time that the City Council of CITY has granted or denied OWNER's application for annexation of the PROPERTY. 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 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 occurring prior to annexation of the PROPERTY 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: Page 4 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0994 t 7T•200490U 3627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 932 PAGE 5 of 17 CITY City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 OWNER Burton B. Hartle, et. al. PO Box 1565 Sorrento, FL 32776-1565 With a copy to: Section 7. AMENDMENTS Tara Tedrow, Esq. Lowndes 215 N. Eola Dr. Orlando, FL 32801 Tara.Tedrow@lowndes-law.com 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 .A-1 day of __. ._ , 2024. CITY OF CLERMONT Tim Murry, )N �lyor ATTEST:' Tracy Ackroyd Howe, MMC, City Clerk A) roved as to form and legality: aniel F— . Mantza�;-E ity� A�erriey Page 5 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 3627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 933 PAGE 6 of 17 Signed, sealed and delivered in the presence of. Witness: Print Name: IkDo i Y\ —S�A I N W \ Address: '1pD C�S�YY.GE-� t`L OWNER: BurtonB. Hartle 4? Witness: Its: Print Name: 0n Address: S nt , FL 94711 STATE OF -01-(2>/9" COUNTY OF The foregoing instrument was ackno led >ed before me b y meo ns of hysic#1 pr sence or online notarization, this of a2Q�, byas of , a -- co oration, 'on �b�ehalf of tV corpofation. He (She) is personally known to me or has produced jrlarl- t/ I rq 7 'SC.4cvo tas identification. (NOTARY SEAL) - �- Notary Public Signat 0�a a•��pRypU"•�7F1-"rye, (Name typed, printe(i* stamped) A(' CO Page 6 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490U 3627231v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 934 PAGE 7 of 17 Signed, sealed and delivered in the presence of: Witness:nT_. Print Name: �; r4 r-� Address: -IDo._ op-,j ':_� r1 Witness Print Name: (,,�A._ _ �..__ ..� Address: n C.\er re" -et- -c_ 3 y -2 /1 STATE OF i�tVQ f D �` COUNTY OF _Lys -Kra OWNER: Bensoon1K. Hartle Name:l&;�;©(% J1 Its: - The foregoing instrument was ac - owled red before e b means of physi al pres nce or online notarization, this /�ay of t f, 2�y K/�'�LT, as of corporation, on behalf of the corporation. He (She) is personally known to me or has produced identification. (NOTARY SEAL) r woz-Bl-9 Saw& 3 N0lSSIWWW M A, Mot � � �f 1�'otary�Public Signaturte� - (Name typed, printed cbr .tamped) Page 7 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177120(W9(1113627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 935 PAGE 8 of 17 Signed, sealed and delivered in the presencey�: Witness: _ Print Name: ���1 Address: ')tW R1 mxyr4 St OWNER: Allan /H,.�Hgartle 1(a� �t Name:Q.. Witness: iL._ Its: . Print Name:__ 'xamr—es_ K • __ e�R9 k Address? °D Nrr,,.0--a c t STATE OF f1� COUNTY OF ( a16Z The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 1� day of ? _1t ' 2(l�_y a%,k/7 as of , a corporation, on behalf of the corporation. He (She) is personally known to me or has produced Q s identification. (NOTARY SEAL) `O4'pYP%, ROBIN L SULLIVAN .j;,Notary Public -State of Florida! ^'®Commission # HH 128234 ?FMy Commission Expires a,m May 10, 2025 7. Notary Public Signature Il (Name typed, printed or stamped) Page 8 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 08941771200490113627231v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 936 PAGE 9 of 17 Signed, sealed and delivered in the presence of: Witness: -/I r /,11_ Print Name: M 0 n Address: _ Print Name: Address:`)Bo STATE OFI/ ( �} COUNTY OF OWNER: Miriam F. Condron Name:_}'�; c ; wvy\_ F, Grl\JfDr Its: The foregoing instrument was acknowledged cfore me by means of physical resence or online notarization, this _ day of . ffz '_, 2(�' , by (Y1; r iGilY, t- ` , L ln, as _ of corporation, on behalf of the corporation. He (She) is personally known to me or has produced Lial4lib as identification. (NOTARY SEAL) t,'RY Pf�ii ROBIN L SULLIVAN Florida g Notary Public -Slate of Commission p HH 128234 My Commission Expires May 10, 2025 Notary Public Signa ure (Name typed, printed or stamped) Page 9 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement f18N4177L)00490? 13627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 937 PAGE 10 of 17 EXHIBIT "A" PROPERTY DESCRIPTION Tracts 5 and 6 of Section 26, Township 22 South, Range 26 East, less that portion of Tract 6 north of the Seaboard Railway as represented on the map of said section made by the Lake Highlands Company of Florida, according to the plat thereof, as recorded in Plat Book 3, at Page 52, of the public records of Lake County, Florida. Page 10 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\13627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 938 PAGE 11 of 17 Ir 'jr •.f rt(; o�sr - t t� •- t ttw ISM * - L Il ♦. I `t� t tO{3 ( ^ .. tv 6R 30 t q d; iR 00 �RDO N !R!�„ _.- r ,,, �' _ ► �► . $; '� w r ' T' �Rit1` •� 0'y it �� �,` Page 11 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 362723 1 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 939 PAGE 12 of 17 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 011day of 1-C��, 202 t�- ,, between Burton B. Hartle, Benson K. Hartle, Allan H. Hartle, and Miriam F. C dron, 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 Agreement for Water and Wastewater between GRANTOR and Grantee dated A tpty7'�,�s 51. 202�. 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 12 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 08941771,200490\136272310 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 940 PAGE 13 of 17 Signed, sealed and delivered in the presence of: n Witness: R Print Name: Address: ' GRANTOR: Benson K. Hartle ��{{ By: 1-. VY' W i tnr .="°°--''`" Its: Prifii Name: E_;�C._. Address:iw /ere- -OA ryxA-'-"Z� 3y t 1-1 STATE OF f'"'LDA- r "' COUNTY OF G The foregoing instrument was acknowledged before -me by means of physical presence or online notarization, this day ---- , �� of _ a M ration,' �beh�alf of the corporation. He (She) is personally known to me or has produced lyc.Clxf f5�-I48y1, s identification. (NOTARY SEAL) Nota2 Public Signatute (Name typed, printed stamped) (� Page 13 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 08941771200490113627231A INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 941 PAGE 14 of 17 Signed, sealed and delivered GRANTOR: in the presen .csf Allan H. Hartle Witnes.4_ .,:_� By: Print Name: Address: 7b 11wu% a S� �1cr� o '-+.3v7�tName: t.•C.j(1,1� lT f l'tr2 WitnessIts:l._. Print Name:. 619 _ j< .a1L= Address: "ion __ lil•+.�--�S7�__�___ STATE OF� COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this jq dayof5&Qj& 20Z�by j!AaII /� as _... of _ a corporation, on behalf of the corporation. He (She) is personally known to me or has produced j`►Lkt2�_ as identification. (NOTARY SEAL) Notary Public Signature ROBIN L SULLIVAN Notary Public -State of Florida (Name typed, printed or stamped) m:- Commission # HH 128234 My Commission Expires May 10, 2025 Page 14 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490U 3627231v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 942 PAGE 15 of 17 Signed, sealed and delivered in the presence of: Witness: Print Name: Address: 7 (1l 0r1r j FL 31 Witness: Print Name:__,, <j-2,,( `lt Address: ')bn Ar+N" `=' CAe.,, ,,-, Or-"b Jac,., -7 V 7 /! STATE OF -it-1 COUNTY O! GRANTOR: Miriam F. Condron�� By:l Name: hk r 1,., F & uAftm Its: The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of k; �j,* 0r V by t `r- /,gitn �� /�rJ�fi�/� �s - --- --- _ of _N� _ a corporation, on behalf of the corporation. He (She) is personally known to me or has produced fi L,'C_2 . as identification. (NOTARY SEAL) ROBIN L SULLIVAN _`� Notary Public -State of Florida Commission # HH 128234 My Commission Expires May 10, 2025 Notary Public Signature (Name typed, printed or stamped) Page 15 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177N2004W 13627231 v4 INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 943 PAGE 16 of 17 Signed, sealed and delivered OWNER: in the presence of: Burton B. Hartle Witness: 1� _ By: Print Name: b ' A' ' FV�e1 Address: )oC� LIU S�. (_rm- Name: 3Y7It _ Witness: Its: Print Name: %YI p Address: la"j it orid s- -, Gler nt FL 3H 71, STATE OF lee-1 AR- COUNTY OF The foregoing instrument was acknowledged before me by mea s of physical presence or online notarization, this day oi`;> � _,2204by ,.aJ corporatio on behalf of the corporation. He (She) is personally known tome or has produced Ftm.L&-:� iPA'S L1 cwv. zas identification. (NOTARY SEAL) lly�*MMISSI EXPIRES 6 28-� ►' a 06tary Public Signature, (Name typed, primed or stamped) Page jr Clermont Hartle CR456 Water and Wastewater Sewer Utility Service Agreement 089417T2200490\1 3627231 A INSTRUMENT# 2024116067 OR BOOK 6408/PAGE 944 PAGE 17 of 17 EXHIBIT "A" PROPERTY DESCRIPTION Tracts 5 and 6 of Section 26, Township 22 South, Range 26 East, less that portion of Tract 6 north of the Seaboard Railway as represented on the map of said section made by the Lake Highlands Company of Florida, according to the plat thereof, as recorded in Plat Book 3, at Page 52, of the public records of Lake County, Florida. l" 1 Page W— Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1362723lv4 UTILITY SERVICE AGREEMENT FOR WATER & WASTEWATER This Agreement is entered into this 47day of Al,, CItt4 2024 by and between the City of Clermont, a Florida Municipal Corporation, herein`diter referred to as "CITY", and , Burton B. Hartle, Benson K. Hartle, Allan H. Hartle, and Miriam F. Condron, their successors, transferees and assigns, hereinafter collectively referred to as "OWNER". WITNESSETH Whereas, OWNER owns that certain property identified as ALT Key 1724899, consisting of approximately 17.89+/- 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 and cost 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 multi -family residential utility flow/demand of up to 34,000 gpd for water and 34,000 gpd for sewer. 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; provided if City system connection points are located closer to the PROPERTY at the time OWNER submits for plans and permits and available for connection in accordance with the City's technical codes and specification, then OWNER shall have the option to Page 1 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\13627231v4 connect into such alternative connection points. 1.3 The route of any offsite lines shall be according to engineering plans produced by OWNER and approved by the CITY. Subject to Section 1.2 above, 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. The project's lift station and sanitary forcemain shall be privately owned and maintained. 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, at the sole option of CITY, in the form of water and/or sewer impact fee credits or cash reimbursement. 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, if any, 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 In the event that available Impact Fee Credits for the cost of materials for any oversizing as contemplated herein exceed the amount of water and sewer impact fees calculated and assessed to the OWNER for the PROPERTY, the dollar amount of the excess impact fee credits may be transferred outside of the PROPERTY and assigned to any transferee, heir, assign or successor in interest for any development or project upon which water or sewer impact fees are assessed by CITY. Any transfer of impact fee credits shall be subject to and evidenced by the execution of an assignment of the credits by OWNER in a form acceptable to CITY. As an administrative fee for processing the contemplated transfer, the CITY shall receive for each assignment processed the greater of $500 or seven (7) per cent of the credit amount transferred, Page 2 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 3627231 v4 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, acceptable to 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 The OWNER shall install a master backflow and master meter at the property line, water line servicing the property, starting at the master backflow and including the master backflow, and it shall be privately owned and maintained. 1.11 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 in Section 2.2 and Section 3, 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 PUD Ordinance (File No. PZ2023-231, Application Request No. 5436) approved by the Lake County Board of County Commissioners and shall be a market rate multi -family project. OWNER further agrees, on behalf of itself, its heirs, transferees and assigns that it will not in the future apply for or seek consideration for any use of the PROPERTY that is eligible for consideration under Florida's Live Local Act, F.S. Section 166.04151 as may be amended, City Ordinance No. 2024-012, as may be amended or any other legislative act designed to promote affordable housing. This covenant shall specifically survive annexation of the PROPERTY into the City. Page 3 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 362723 1 v4 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 consideration of CITY's agreement to delay annexation, OWNER agrees that it will not apply for any building permit or permits until such time that the City Council of CITY has granted or denied OWNER's application for annexation of the PROPERTY. 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 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 occurring prior to annexation of the PROPERTY 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: Page 4 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 362723 1 v4 CITY City of Clermont City Manager P.O. Box 120219 OWNER With a copy to: Section 7. AMENDMENTS Clermont, FL 34712-0219 Burton B. Hartle, et. al. PO Box 1565 Sorrento, FL 32776-1565 Tara Tedrow, Esq. Lowndes 215 N. Eola Dr. Orlando, FL 32801 Tara.Tedrow@lowndes-law.com 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 C9-1 day of 94 , 2 CITY OF CLERMONT Tim Murry, yor Tracy Ackroyd Howe, MMC, City Clerk Page 5 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 362723 1 v4 Signed, sealed and delivered in the presence of - Witness: Print Name:,n SL.,,I I r\ Address: '10DOISvtvvIG�-Ojt(11'h�(-L, OWNER: Burton B. Hartle By: , Name:Il ���i1 Witness: its: Print Name:.Q_� Address: -70() A(Mpind St errn 1t, F. 3y-7 11 STATE OFIOIZl�/g' COUNTY OF Tile foregoing instrument was acknowled ed before me b me ns of hysicol pr sence or online notarization, this (lay of `= 1 *204, by�� � j�j��f� , as --, of a car oration, on behalf of the corpofation. He (She) is personally known to me or has produced ' /a)—D'P I xp'q 'S GVv.cias identification. (NOTARY SEAL) _ Q_ Notary Public Sigriat �,•a .•�O�pRYp�� F%•''� (Name typed, printe4 stamped) MYcoiii ISSION ? i EXPIRES 6-28.2026 = FLORA Page 6 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177v200490\ 136272310 Signed, sealed and delivered in the presence ,,.ojf- _ Witness: [Q �^c-L. Print Name: Ed,,, I1: ✓ah Address: -lob �L 3,4'1' ( Witnes ' PrintName:r� Address: 7a n Alry a�.rf 5� maker V--t- 3 .y 7 /I STATE OF COUNTY OF OWNER: Benson K. Hartle By:�/91� Name: tJex /k,- iov 7 Its: The foregoing instrument was ac ed 7ed before e b means of physl al pres rice or online notarization, this / 8 y of ow , 20 , y )549V) as - of , a corporation, on behalf of the corporation. He (She) is personally known tome or has produced y2 t dy9- j j sL c,4,7j g identification. (NOTARY SEAL) i 9ZOZ-OZ-9 SMAIdX3 N01$SIWW03 M Votary Public Sign atur, ,✓ Name typed, printed r tamped) ( yp Page 7 - Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177y200490\13027231v4 Signed, sealed and delivered in the presence Witness: _ Print Name: Address: tal m St _ Witness: Print Name: rZoSSfK? K �l,eR9 k Address:? en STATE OF I- J)A COUNTY OF 4_ . .jZ_F OWNER: Allan H. Hartle By: aa.,vi #' Name:Qf(an // ga4_ Its: The foregoing instrument was acknow ed ed before me by means of physical presence or online notarization, this day of, , 2Wby. 4V,,47 /� , as of , a corporation, on behalf of the corporation. He (She) is personally known to me or has produced "/I S Ws identification. (NOTARY SEAL) ��ppY PUS ROBIN L SULLIVAN Notary Public -State of Florida Commission # HH 128234 My Commission Expires May 10, 2025 Notary Public Signature M (Name typed, printed or stamped) Page 8 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490113027231v4 Signed, sealed and delivered in the presence of - Witness' Print Name:m an Address: 00 Al m n d. S �_ Ltd f, Ft- ? 11 Witness: Print Name: C Sca._ U D 0 S Address:t-),00 iA Im STATE OF TWA I DP COUNTY OF' (_jam. OWNER: Miriam F. Condron� By: �' \1nnn I ` Name: A,, i ( z e", Its: LAli,.,`._ F L ng-ro, The foregoing; instrument was acknowled ed fore me by means of physical presence or online notarization, this day of , 20� by ff) i iQi1'1 r r n n as of ,a corporation, on behalf of the corporation. He (She) is personally known to me or has produced /, V_eA5 Liatp ' as identification. (NOTARY SEAL) _ A Notary Public Signat re ROBIN L SULLIVAN ``SPRY PVe ii ;=o Notary Public -State of Florida ®o` Commission # HH 128234 ;r P, M Commission Expires May 10, 2025 k46n L. SjIvl4m (Name typed, printed or stamped) Page 9 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177120049W,13027231v4 EXHIBIT "A" PROPERTY DESCRIPTION Tracts 5 and 6 of Section 26, Township 22 South, Range 26 East, less that portion of Tract 6 north of the Seaboard Railway as represented on the map of said section made by the Lake Highlands Company of Florida, according to the plat thereof, as recorded in Plat Book 3, at Page 52, of the public records of Lake County, Florida. Page 10 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 3627231 v4 b^ I £ZLZ9£ I\06b00Z\LL I M80 ;u9w99j6y aavuas Aj!mn i9mas jawmaiseM pue jaieM gg*j:D alieH IUOWJ910 — 6 L 96ed i� � = .,uakw.N.w:....,waa....... , 8.;,�.. su`�.➢..e*.»a.....'A.: _ 4. x oc as �. u a�s osy oc �c "NV- +6 vA. � rN[ u i ¢"gyp Cl Bfr ILIBIHX-v curs C4i 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 day of tC 202between Burton B. Hartle, Benson K. Hartle, Allan H. Hartle, and Miriam F. ClAdron, 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 datedguqu.51 ' 202�. 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 12 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490113627231v4 Signed, sealed and delivered in the presence of - Witness: Print Name: d u Address: 74 aimnr► e der Wi P Name:,�\�1 Address: -uo 4�4 / m�—A C(e- r-� 3�J? STATE OF COUNTY OF GRANTOR: Benson&.;Ww K. Hartle By: Name�-ZqUs' b,(, Its: /C 9/'�dr/ The foregoing instrument was ackno vledged before e b means of ph sical resence or online notarization, this ��Sa`3ay o _ 2a�y =�6,Aj �4--as of , a c oration,.'Do " b 4 �alf Of a corporation. He (She) is personally known tome or has produced WV(B9 68r7'' identification. (NOTARY SEAL) Notary Public Signat4e \J (Name typed, printed 1� stamped) Page 13 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\13627231v4 Signed, sealed and delivered GRANTOR: in the presenc f: Allan H.jH_�a_�rttllje WitnesBy: � (f ' B C�dX.a'Yt l T 4zoe& � „v. Y� Print Name: 1 •. Address: ?b , �1*r.u�oi S-b Clern�,ot-34'���Name: Witness• Its: Print Name: To ZE&-r Address: 7 o 0 N — CUV_ -0q.T 3 gyp? 11 STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this _ day of5&1, 20',7by Q�� �� , as of a a .--- corporation, on behalf of the corporation. He (She) is personally known to me or has produced (�. C S =n as identification. (NOTARY SEAL) Notary Public Signature " ROBIN L SULLIVAN ti�`� Z•S�/� ��n Notary Public -State of Florida (Name typed, printed or stamped) Commission # HH 128234 '9WWo� My Commission Expires May 10, 2025 Page 14 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\ 13627231 v4 Signed, sealed and delivered in the presence of: Witness: Print Name: r) 6LM 0 Yl Address: n ClFPS 3y-7l1l Witness: Print Name: L� _ c_ WXA1 el Address: 9bn I f S* STATE OF Vtor, &i COUNTY OF ( (�L }�-2— GRANTOR: Miriam F. Condron K, 4v'\4 Name: C i ,.o--F la t, A(- -y\ Its: The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of � ' O by -Mi'r �Cf M )1:5- of a corporation, on behalf of the corporation. He (She) is personally known to me or has produced rt. dri, V M!5 L "c'�� �� as identification. (NOTARY SEAL) tPaYP�s ROBIN L SULLIVAN =o Notary Public -State of Florida o Commission # HH 128234 o, My Commission Expires "`tin"',May 10, 2025 Notary Public Signature (Name typed, printed or stamped) Page 15 — Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\ 1362723 1 v4 Signed, sealed and delivered in the presence of, Witness: a_ Print Name: 6i ►-� , ''FVxx i Address: �OQ Qinn �%2 r�/v►� Witness: OWNER: Burton B. Hartle Name:1��%d/� Its: Print Name: MdCLIA R D o n Address: JD0Aj rnorid St l.rr M Oni'i FL 9q 711 STATE OF1e APr- COUNTY OF The foregoing instrument was acknowledged before me b mea s of physical p esen a or online notarization, this _�-day of -Se- &7 0H� y -6) . / � of / , a corporation on behalf of the corporation. He (She) is personally known to me or has produced 1� I/O'S b c*v,cV,as identification. (NOTARY SEAL) El F pZAR1'P&, F MY COMMISSIOW EXPIRES 6 28,2026 /]� y /- otary Public Sign (Name typed, print or stamped) V Page4)r Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177V200490\13627231v4 EXHIBIT "A" PROPERTY DESCRIPTION Tracts 5 and 6 of Section 26, Township 22 South, Range 26 East, less that portion of Tract 6 north of the Seaboard Railway as represented on the map of said section made by the Lake Highlands Company of Florida, according to the plat thereof, as recorded in Plat Book 3, at Page 52, of the public records of Lake County, Florida. 1 Page ye- Clermont Hartle CR455 Water and Wastewater Sewer Utility Service Agreement 0894177\200490\1 362723 1 v4