HomeMy WebLinkAboutContract 2025-066AINSTRUMENT#: 2025094937 OR BK 6572 PG 1973 PAGES: 10 6/1/2025 1:38:27 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT 6 COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
202E-066q
UTILITY SERVICE AGREEMENT
FOR WATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Proactive Custom Auto Land Trust, and any
successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for an officelwarehouse facility described an Exhibit'A',
attached hereto and by this reference made a part hereof; and
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER Is
requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water to the property. Lines and appurtenances
must be sized and constructed in accordance with the minimum requirements of CITY Land
Development Regulations and to meet the flow demands for the development; 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 CITY chooses to do so upon Owner receiving a Certificate of
Occupancy from Lake County; and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terns 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. WATERISEWER- 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 OWNER shall construct the facilities, lines and appurtenances necessary tQ'Serve the
development and provide such documentation necessary for the CITY to ascertain that
the lines shall meet the minimum line size requirements as specified by the CITY Land
Development Regulations.
1.4 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
Page 1 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1974 PAGE 2 of 10
1.5 The OWNER shall be responsible for the construction of all onsite lines and
appurtenances to serve the project, as well as costs associated with the connection to the
existing infrastructure off -site. 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 improvements. No Certificate of Occupancy shall be issued until water
improvements have been completed and accepted by the CITY.
1.6 The OWNER shell be responsible for all costs of onsite improvements and offsile
improvements, Including but not limited to design, material, permitting and installation of
sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to
serve the Property.
1.7 The existing utilities must stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit
the project and construct the modifications at the OWNER's expense.
1.8 Irrigation shall be provided by private well for common areas.
1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
1.10 The City may require a looped system to provide reliability and redundancy to the property.
1.11 The development shall be in substantial compliance with the Existing Conditions and
Aerial shown in Exhibit'C". Major changes as determined by the Clermont Site Review
Committee may require an amendment to this Agreement.
1.12 This Agreement shall be voided after five (5) years if building permits have not been issued
and building construction has not started.
1.13 The Agreement shall be for 180 gpd for water based on an annual average along with fire
protection connection.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64).
(b) The project Is currently an existing auto repair facility operating in Lake County. Within
the property, an existing building, approximately 22,000 square feet, is in need of
retrofitting for an updated fire suppression system. Central water is necessary for the
new suppression system. Any expansions to the current building size over 3% will
result in the owner seeking voluntary annexation into the City of Clermont.
Page 2 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1975 PAGE 3 of 10
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into.the City of Clermont if CITY, in its sole
discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance to Annex Property in a form substantially in compliance with the form set forth in
Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit W. The Notice of Encumbrance shall be
executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at
OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued
by a licensed title company or attorney identifying all owners in interest of the real property. Al
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.
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 OWNER
City of Clermont Proactive Custom Auto Land Trust
City Manager 1309 Coffeen Ave. Suite 2166
P.O. Box 120219 Sheridan, WY 82801
Clermont FL 34712.0219
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment Is in writing and signed
by all parties.
Page 3 - 13550 Granville Proactive Auto -Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1976 PAGE 4 of 10
Section 7. 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 � 2025.
CITY OF CLERMONT
ATTEST:
Tim Murry, Ma or Tracy Ackmyd lqcWe, MMC, City Clerk
Approved as to form and legs ity:
hdstia W. Wau , City Attorney
Page 4 - 13550 Granville Proactive Auto -Utility Service Agreement
\ for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1977 PAGE 5 of 10
OWNER: Proactive Custom Auto Land Trust
Signature
tau►• '� � IL
Print %rhii�
STATE OF OYi An
COUNTY OF I, r,2
Title: V
The fore _g ng instrum was acknowledged before me on this _day of
2025� by `h~n/V�e�g,�k�r rn (� , who is personally kno to me
or who has produced `71 - as identification and who did
not take an oath.
NotaryPubli SEAL .+A " ', •: ANOxFnQM
JZ
WOOatllealONXHHOON1
'.2h�....i EJ{%PEa:JWye,am
Type/pdnt name A�
Page 5 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1978 PAGE 6 of 10
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Proactive Custom Auto Land Trust
Description:
LEGAL DESCRIPTION
That part of Tracts 25 and 26, according to the LAKE HIGHLANDS COMPANY'S PLAT OF
SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, as recorded in Plat Book 3, Page 24,
and also in Plat Book 3, Page 52, Public Records of Lake County, Florida, described as follows:
Commence at the Southwest corner of said Tract 25; thence North 89 degrees 14 minutes 45
seconds East along the South fine of said Tract 25, a distance of 498.71 feel; thence North 00
degrees 53 minutes 59 seconds West, 116.82 feet; thence North 89 degrees 36 minutes 38
seconds East. 33.00 feet; thence North 00 degrees 53 minutes 49 seconds West, 188.51 feet to
the POINT OF BEGINNING; thence continue North 00 degrees 53 minutes 49 seconds West,
220.00 feet; thence North 89 degrees 36 minutes 37 seconds East, 466.07 feet to the East line
of the West 1/2 of aforesaid Tract 26; thence South 00 degrees 51 minutes 34 seconds East along
said East line, 220.00 feet; thence South 89 degrees 36 minutes 37 seconds West, 465.92 feet
to the POINT OF BEGINNING.
aWa: 13550 Grenville Avenue, Clermont, FL 34711
Lake County Alternate Key Numbers:
2758040
Page 6- 13550 Granville Proactive Auto -Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1979 PAGE 7 of 10
EXHIBIT "B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
695 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 29th day of July 2025, between Proactive Custom Auto
Land Trust, 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 m contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limifs 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 limita of the City of Clermont at such time that the annexation of
said real property is in accordance with applicable law,
GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantor 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 desmbed
real property to be incorporated into the city limits of the City of Clermont and where
Page 7 -13550 Granville Proactive Auto-U011ty Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1980 PAGE 8 of 10
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.
PROPERTY OWNER(S):
Proactive Custom Auto Land Trust
By:
Signature
�wt0 ✓ta R eq L)
Type or print name
Signature
Type or print name
WITNESSES (Two required):
Witnesses
1.
ature
41coI-e PUFsn(ewsL
Type or print name
2. r �n t a AlIae,f)
sigwture
Type or print name
Th fg ore oin instrument was acknowledged before me on this 5 day of
2025, by who is
person y known to me or who has produced
as identification and who did not take an oath.
Notary Publi SEAL:
II //'' ��_ ureomwssiosrwtetessf
Type/print nameAnQUf1(L 4.''• sMcm¢a:.wrye.zmr
Page 8- 13550 Granville Proactive Auto-Utlllty Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1951 PAGE 9 of 10
Pwsu ttos,U=695.Vpff): Ulkinstrumentempthom Chapter695,FS.;,PrTmw byaPublic Of&k GtyAttorney,Gtyof
Clermont, Flanda NM2
EXHIBIT "C"
EXISTING CONDITIONS AND AERIAL
Proactive Custom Auto Land Trust
13550 Granville Ave.
Page 9-1355D Granville Proactive Auto —Utility Service Agreement
for Water
INSTRUMENT# 2025094937 OR BOOK 6572/PAGE 1982 PAGE 10 of 10
EXHIBIT I'D.,
LOCATION MAP - -
UTILITY SERVICE AGREEMENT
FOR WATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Proactive Custom Auto Land Trust, and any
successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for an office/warehouse facility described on Exhibit'A',
attached hereto and by this reference made a part hereof; and
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is
requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water to the property. Lines and appurtenances
must be sized and constructed in accordance with the minimum requirements of CITY Land
Development Regulations and to meet the flow demands for the development; 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 CITY chooses to do so upon Owner receiving a Certificate of
Occupancy from Lake County; 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. WATERISEWER- 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 OWNER shall construct the facilities, lines and appurtenances necessary tQserve the
development and provide such documentation necessary for the CITY to ascertain that
the lines shall meet the minimum line size requirements as specked by the CITY Land
Development Regulations.
1.4 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
Page 1 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
1.5 The OWNER shall be responsible for the construction of all onsite lines and
appurtenances to serve the project, as well as costs associated with the connection to the
existing infrastructure off -site. 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 improvements. No Certificate of Occupancy shall be issued until water
improvements have been completed and accepted by the CITY.
1.6 The OWNER shall be responsible for all costs of onsite improvements 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.
1.7 The existing utilities must stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit
the project and construct the modifications at the OWNER's expense.
1.8 Irrigation shall be provided by private well for common areas.
1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
1.10 The City may require a looped system to provide reliability and redundancy to the property.
1.11 The development shall be in substantial compliance with the Existing Conditions and
Aerial shown in Exhibit "C". Major changes as determined by the Clermont Site Review
Committee may require an amendment to this Agreement.
1.12 This Agreement shall be voided after five (5) years if building permits have not been issued
and building construction has not started.
1.13 The Agreement shall be for 180 gpd for water based on an annual average along with fire
protection connection.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64).
(b) The project is currently an existing auto repair facility operating in Lake County. Within
the property, an existing building, approximately 22,000 square feet, is in need of
retrofitting for an updated fire suppression system. Central water is necessary for the
new suppression system. Any expansions to the current building size over 3% will
result in the owner seeking voluntary annexation into the City of Clermont.
Page 2 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole
discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance to Annex Property in a form substantially in compliance with the form set forth in
Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall be
executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at
OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued
by a licensed title company or attorney identifying all owners in interest of the real property. 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.
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
Proactive Custom Auto Land Trust
1309 Coffeen Ave. Suite 2166
Sheridan, WY 82801
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
Page 3 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
Section 7. 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`1 2025.
CITY OF CLERMONT
ATTEST:
Tracy Ackroyd RoWe, MMC, City Clerk
Approved as to form and legality:
1
hristia W. Wau 1, City Attorney
Page 4 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
OWNER: Proactive Custom Auto Land Trust
Title: U6,11PAJAP, Icv
Signature
Print Narbe
STATE OF f10 V
COUNTY OF lr'1 \r 2 —+r-
The forego'ing instrumeR(was acknowledged before me on this day of
2025, by lhnv✓1nM. 1�2p�' n �n (� , who is personally knot`Jn to me
or who has produced 1�1 _ as identification and who did
not take an oath.
Notary Publicp SEAL :.
;p::: ANDREACLARK
MY COMMISSION M NH 418591
EXPIRES. A",2027
Type/print name ireI«Ade
Page 5 - 13550 Granville Proactive Auto -Utility Service Agreement
for Water
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Proactive Custom Auto Land Trust
Description:
LEGAL DESCRIPTION
That part of Tracts 25 and 26, according to the LAKE HIGHLANDS COMPANY'S PLAT OF
SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, as recorded in Plat Book 3, Page 24,
and also in Plat Book 3, Page 52, Public Records of Lake County, Florida, described as follows:
Commence at the Southwest comer of said Tract 25; thence North 89 degrees 14 minutes 45
seconds East along the South line of said Tract 25, a distance of 498.71 feet; thence North 00
degrees 53 minutes 59 seconds West, 116.82 feet; thence North 89 degrees 36 minutes 38
seconds East, 33.00 feet; thence North 00 degrees 53 minutes 49 seconds West, 188.51 feet to
the POINT OF BEGINNING; thence continue North 00 degrees 53 minutes 49 seconds West,
220.00 feet; thence North 89 degrees 36 minutes 37 seconds East, 466.07 feet to the East line
of the West 112 of aforesaid Tract 26; thence South 00 degrees 51 minutes 34 seconds East along
said East line, 220.00 feet; thence South 89 degrees 36 minutes 37 seconds West, 465.92 feet
to the POINT OF BEGINNING.
a/k/a: 13550 Granville Avenue, Clermont, FL 34711
Lake County Alternate Key Numbers:
2758040
Page 6 -13550 Granville Proactive Auto —utility Service Agreement
for Water
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 29th day of July 2025, between Proactive Custom Auto
Land Trust, 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,
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
Page 7 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
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.
PROPERTY OWNER(S):
Proactive Custom Auto Land Trust
c By:
Signature
Qwry ✓." 1>&0 peRrJ
Type or print name
Signature
Type or print name
(1"
STATE OF
COUNTY OF
WITNESSES (Two required):
Witnesses
1.
IltCd(2 wtSf1(,°u1S14�
Type or print name
2. ,- ��kkAtae-�
`� signature
i�G:1e1�1�\kmu n
Type or print name
Th fg ore oin instrument was acknowledged before me on this day of
�� 2.' by ff who is
perso ly known to me or who has produced
as identification and who did not take an oath.
Notary Pohl i SEAL: A' "'*•, ANDRsnclARN
�,1-y� Al � MY COMMISSION M NI7118557
/ ,llUre //'' � `%� :.' EXPIRES: JulY6. 4W21
Type/ print name � Ua&
Page 8 - 13550 Granville Proactive Auto -Utility Service Agreement
for Water
Pwsuent to Section &5.Np)(ft: this in tr nt exempt from Chapter 6 , FS.,; Prepared by a Public Officer, City Attorney, City of
Clermont Florida 34M
EXHIBIT "C"
EXISTING CONDITIONS AND AERIAL
Proactive Custom Auto Land Trust
13550 Granville Ave.
Page 9 -13550 Granville Proactive Auto -Utility Service Agreement
for Water
EXHIBIT "D"
LOCATION MAP
Page 10 —13550 Granville Proactive Auto —Utility Service Agreement
for Water