Contract 2024-054AINSTRUMENT#: 2024107821 OR BK 6397 PG 2086 PAGES: 7 9/12/2024 1:57:59 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $61.00
UTILITY SERVICE AGREEMENT - WATER
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and MATTHEW CHOUINARD, and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a single family residential home which is located on
5.0+/- acres at 15601 Laguna Road, (Alt Key - 1061369) on real property (the "Property")
described on Exhibit `A', attached hereto and by this reference made a part hereof; and
Whereas, the Property is located in the incorporated area of Lake County and the OWNER is
requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water service to the Property, OWNER is to
extend water lines to serve the Property and lines and appurtenances must be sized and
constructed in accordance with the minimum requirements of CITY Land Development
Regulations and to meet the flow demands for the site; and
Whereas, the CITY may, at the sole option of the CITY, elect to oversize the water lines and
appurtenances in order to provide additional capacity to other properties; and
Whereas, as a condition of the provision of water service to the Property by the CITY, OWNER
agrees that this Agreement shall constitute an unconditional application to annex the Property
into the City of Clermont, if the CITY chooses to do so; and ,
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water service shall be extended and sized.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows:
Section 1.OFF-SITE WATER - Each and all of the foregoing premises are incorporated into and
constitute a part of this Agreement.
1.1 CITY shall provide water service for the Property.
1.2 OWNER shall connect to the existing City system at connection point or points approved
by CITY.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the
development and provide such documentation necessary for the CITY to ascertain that
the lines shall meet the minimum line size requirements as specified by the CITY Land
Development Regulations.
1 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821 OR BOOK 6397/PAGE 2087 PAGE 2 of 7
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1.6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No building permits shall be issued until water is
provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to
guarantee completion of off -site improvements.
1.7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property.
1.8 The existing utilities shall stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit
the project and construct the modifications at the OWNER's expense.
1.9 The project shall provide access easements to the City of Clermont to access the water
meter for the site. The City of Clermont will charge water fees based on the water meter
readings.
1.10 The CITY shall be responsible for the difference in cost of materials to oversize the line if
the CITY chooses to oversize based on plans and cost estimates provided by OWNER to
CITY, and approved in advance by the CITY.
1.11 The OWNER shall provide to the CITY a cost estimate for materials for the minimum size
lines and appurtenances and a cost estimate for materials for an approved oversize. Cost
estimate shall be contractors bid as certified by OWNER'S project engineer. The CITY
shall review and either approve or reject the costs.
1.12 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water lines and appurtenances, both on site and off site, required to
serve the Property.
1.13 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees. All fees are non-refundable.
Section 2. DEVELOPMENT STANDARDS
2.1 Any other water service development items to the site that have not been addressed must
be completed in accordance with City of Clermont standards unless otherwise stipulated
in this Agreement or subsequent amendments to this Agreement.
2.2 The use shall be limited to a single family residential structure up to 480 gallons per day.
2 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821
OR BOOK 6397/PAGE 2088 PAGE 3 of 7
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, at its sole
discretion, chooses to do so. in conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance To Annex Property in a form substantially in compliance with the form set forth in
Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A" and shall be accompanied, at
OWNER's expense, by a current certificate of title or opinion letter acceptable to CITY and issued
by a licensed title company or attorney identifying all owners in interest of the real property. All
land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this
encumbrance to annex, such restriction to be recorded as a covenant to run with the land.
The OWNER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns that
once the property is annexed into the City, in the event that the septic tank or septic field fails, the
OWNER shall connect to City's sewer system when a sewer connection is available as
determined by City.
Section 4. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Section 5. NOTICES
All notices, demands, or other writings required to be given or made or sent in this Agreement, or
which may be given or made or sent, by either party to the other, shall be deemed to have been
fully given or made or sent when in writing and addressed as follows:
CITY
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Matthew Chouinard
15601 Laguna Road
Clermont, FL 34711
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Section 7. EFFECTIVE DATE AND TERM
This agreement shall take effect as of the latest date either party executes this agreement and
shall expire on the fifth anniversary thereof unless extended by a subsequent agreement of the
parties.
3 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821 OR BOOK 6397/PAGE 2089 PAGE 4 of 7
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below. CITY through its City Manager, authorized to execute same by City Council
ar_tinn_ A'sr
DATED this 23rd day of April 2024.
CITY OF CLERMONT
Tim Murry, Mayo
OWNER:
Matthew Chouinard
Kgnature
STATE OF _,&�1,j14
K�Gt
COUNTY OF
�'E_�`,' -►tip?
ATTESTS
4-1
Tracy Ackroyd Howe, MMC, City Clerk
Zl,i11%✓ 1 lit c fir: t d
Print Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared 1444 ew r.houi nQed , as
,l of I `7 O i Qt,tna who provided identification in
the form of D l _ or 4kho is personally known to be the person described in and
who executed the foregoing, and that he acknowledged before me that he executed the same.
Witness my hand and official seal this _� day of 20Pf.
Notary Publi SEAL: ;ter
ANDREA CLARK
nn " MYCOMA MION M HH 418591
Type/print namelindne4- G4r&k '? .., ' EVIRES:J*6,mrr
4 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821 OR BOOK 6397/PAGE 2090 PAGE 5 of 7
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Matthew Chouinard
15601 Laguna Road
Clermont, FL 34711
Description:
E 1/2 OF SW 1/4 OF NW 1/4 OF NE 1/4 ORB 5074 PG 1977
Containing 5.0 acres more or less.
Lake County Alternate Key Number:
1061369
l
5 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821 OR BOOK 6397/PAGE 2091 PAGE 6 of 7
EXHIBIT 'B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 23'd day of April, 2024, between Matthew Chouinard, property
owner in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT,
FLORIDA, A Municipal Corporation, Grantee*:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has
petitioned the Grantee for it to permit voluntary annexation of Grantor's property below
described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and
valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby
acknowledged, DOES HEREBY ENCUMBER the below — described real property situate, lying
and being in Lake County, Florida with the absolute requirement that the subject real property
may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the
City of Clermont at such time that the annexation of said real property is in accordance with
applicable law,
GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors' heirs and
assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or
assigns (as the case may be) then required by law to enable the described real property to be
incorporated into the city limits of the City of Clermont and where such ministerial functions
consist of a simple written request or the renewal of the petition of which notice is given above,
then this instrument shall be considered such request and/or renewal. The subject property is
described as:
Exhibit "A"
GRANTER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns that
once the property is annexed into the City, in the event that the septic tank or septic field fails,
the GRANTER shall connect to City's sewer system when a sewer connection is available as
determined by City.
6 — 15601 Laguna Road - MATfHEW CHOUINARD, Utility Service Agreement for Water Services
INSTRUMENT# 2024107821 OR BOOK 6397/PAGE 2092 PAGE 7 of 7
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above written.
PROPERTY OWNER(S): WITNESSES (Two required):
Matthew Chouinard
By
Signature
Type or print name
STATE OF
COUNTY OF _Ljckt-
Witnesses
�G
Signature
vIVilanl C4-r0u1111AR1b
Type or print name
2.
Signature
Type or print name
The foregoing instrument was acknowledged before me on this 9 day of ,
2014, by rri , who is personally 6own to me
or who has produced _ _ �" _ as identification and who did
not take an oath.
Notary Public\A" uAk SEAL: �?`' '; MND K
=•� .•= MY COCOMMISSIONSION SI0N I NH 418591
EXPIRES: July 6, 2027
Type/print name nda 12f
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney,
City of Clermont, Florida 34712
7 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
UTILITY SERVICE AGREEMENT - WATER
This document constitutes an agreement between the City of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and MATTHEW CHOUINARD, and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a single family residential home which is located on
5.0+/- acres at 15601 Laguna Road, (Alt Key — 1061369) on real property (the "Property")
described on Exhibit `A', attached hereto and by this reference made a part hereof; and
Whereas, the Property is located in the incorporated area of Lake County and the OWNER is
requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water service to the Property, OWNER is to
extend water lines to serve the Property and lines and appurtenances must be sized and
constructed in accordance with the minimum requirements of CITY Land Development
Regulations and to meet the flow demands for the site; and
Whereas, the CITY may, at the sole option of the CITY, elect to oversize the water lines and
appurtenances in order to provide additional capacity to other properties; and
Whereas, as a condition of the provision of water service to the Property by the CITY, OWNER
agrees that this Agreement shall constitute an unconditional application to annex the Property
into the City of Clermont, if the CITY chooses to do so; and ,
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water service shall be extended and sized.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows:
Section 1.OFF-SITE WATER — Each and all of the foregoing premises are incorporated into and
constitute a part of this Agreement.
1.1 CITY shall provide water service for the Property.
1.2 OWNER shall connect to the existing City system at connection point or points approved
by CITY.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY.
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the
development and provide such documentation necessary for the CITY to ascertain that
the lines shall meet the minimum line size requirements as specified by the CITY Land
Development Regulations.
1 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1.6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No building permits shall be issued until water is
provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to
guarantee completion of off -site improvements.
1.7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property.
1.8 The existing utilities shall stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit
the project and construct the modifications at the OWNER's expense.
1.9 The project shall provide access easements to the City of Clermont to access the water
meter for the site. The City of Clermont will charge water fees based on the water meter
readings.
1.10 The CITY shall be responsible for the difference in cost of materials to oversize the line if
the CITY chooses to oversize based on plans and cost estimates provided by OWNER to
CITY, and approved in advance by the CITY.
1.11 The OWNER shall provide to the CITY a cost estimate for materials for the minimum size
lines and appurtenances and a cost estimate for materials for an approved oversize. Cost
estimate shall be contractors bid as certified by OWNER'S project engineer. The CITY
shall review and either approve or reject the costs.
1.12 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water lines and appurtenances, both on site and off site, required to
serve the Property.
1.13 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees. All fees are non-refundable.
Section 2. DEVELOPMENT STANDARDS
2.1 Any other water service development items to the site that have not been addressed must
be completed in accordance with City of Clermont standards unless otherwise stipulated
in this Agreement or subsequent amendments to this Agreement.
2.2 The use shall be limited to a single family residential structure up to 480 gallons per day.
2 - 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, at its sole
discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance To Annex Property in a form substantially in compliance with the form set forth in
Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A" and shall be accompanied, at
OWNER's expense, by a current certificate of title or opinion letter acceptable to CITY and issued
by a licensed title company or attorney identifying all owners in interest of the real property. All
land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this
encumbrance to annex, such restriction to be recorded as a covenant to run with the land.
The OWNER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns that
once the property is annexed into the City, in the event that the septic tank or septic field fails, the
OWNER shall connect to City's sewer system when a sewer connection is available as
determined by City.
Section 4. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Section 5. NOTICES
All notices, demands, or other writings required to be given or made or sent in this Agreement, or
which may be given or made or sent, by either party to the other, shall be deemed to have been
fully given or made or sent when in writing and addressed as follows:
CITY
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
Section 6. AMENDMENTS
OWNER
Matthew Chouinard
15601 Laguna Road
Clermont, FL 34711
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Section 7. EFFECTIVE DATE AND TERM
This agreement shall take effect as of the latest date either party executes this agreement and
shall expire on the fifth anniversary thereof unless extended by a subsequent agreement of the
parties.
3 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below. CITY through its City Manager, authorized to execute same by City Council
action.
DATED this 23rd dayof April 2024.
P 0
CITY OF CLERMONT
Tim Murry, Mayo
OWNER:
Matthew Chouinard
egnature
STATE OF '� a
COUNTY OF
ATTEST/
Tracy Ackroyd Howe, MMC, City Clerk
gd A.c�
Print Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer
oaths and take acknowledgments, personally appeared Ma4eW rhoui r1 Grrj , as
Owner of UQ ""-- , who provided identification in
the form of b 1 _ orqkho is personally known to be the person described in and
who executed the foregoing, and that he acknowledged before me that he executed the same.
Witness my hand and official seal this I
Notary Publi
aAa�--'
Type/print name i'era cla,
day ofJ"kal�-
SEAL:
, 20ii.
ANDREA CLARK
MY COMMISSION 0 HH 418591
EXPIRES: July 6, 2027
4 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Matthew Chouinard
15601 Laguna Road
Clermont, FL 34711
Description:
E 1 /2 OF SW 1 /4 OF NW 1 /4 OF NE 1 /4 ORB 5074 PG 1977
Containing 5.0 acres more or less.
Lake County Alternate Kev Number:
1061369
5 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
EXHIBIT 'B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 23rd day of April, 2024, between Matthew Chouinard, property
owner in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT,
FLORIDA, A Municipal Corporation, Grantee*:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has
petitioned the Grantee for it to permit voluntary annexation of Grantor's property below
described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and
valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby
acknowledged, DOES HEREBY ENCUMBER the below — described real property situate, lying
and being in Lake County, Florida with the absolute requirement that the subject real property
may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the
City of Clermont at such time that the annexation of said real property is in accordance with
applicable law,
GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors' heirs and
assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or
assigns (as the case may be) then required by law to enable the described real property to be
incorporated into the city limits of the City of Clermont and where such ministerial functions
consist of a simple written request or the renewal of the petition of which notice is given above,
then this instrument shall be considered such request and/or renewal. The subject property is
described as:
Exhibit "A"
GRANTER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns that
once the property is annexed into the City, in the event that the septic tank or septic field fails,
the GRANTER shall connect to City's sewer system when a sewer connection is available as
determined by City.
6 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above written.
PROPERTY OWNER(S):
Matthew Chouinard
By: /11Z �
Signature
A4161d (3�&,'Ild
Type or print name
STATE OF
COUNTY OF
WITNESSES (Two required):
Witnesses
1.
Signature
VII/l✓lnl CA40vi1/AK6
Type or print name
2. �- MIQa
Signature
/!! dlla- wl."54 GU l
Type or print name
The foregoing instrument was acknowledged before me on this day of
201, by Ma4ht I.J Cliate; nard , who is personally 6own to me
or who has produced 'D L as identification and who did
not take an oath.
Notary Public ,a (A�,SEAL: :•
g " ANDREA CLARK
MY COMMISSION # HH 418591
EXPIRES: July 6, 2027
Type/print nameA VP , �C,•�
Pursuant to Section 695.29(3)(f): this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney,
City of Clermont, Florida 34712
7 — 15601 Laguna Road - MATTHEW CHOUINARD, Utility Service Agreement for Water Services