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2015-109 ofClamant INSTRUMENT#2016003880 685 W 4(antwee St OR BK 4727 PG 2107-2118 (12 PGS) efrnwnt,3P 34711 DATE 1/12/2016 1 07 59 PM NEIL KELLY, CLERK OF THE CIRCUIT COURT / LAKE COUNTY RECORDING FEES$103 50 ftiZZI 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 Steven George Gray, 15630 Johns Lake Rd , Owner, 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 4 8 acres at 15630 Johns Lake Road 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 Pagel —Gray, Utility Service Agreement for Water 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 from the water meter to serve the project 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 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 if required 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 , 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 1 14 The-OWNER shall install and maintain the appropriate backflow device as indicated in the manual of cross-connection control \ , Section 2. DEVELOPMENT STANDARDS 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 Page 2—Gray, Utility Service Agreement for Water • 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 OWNER City of Clermont Steven George Gray City Manager 8450 Oak Park Rd 685 W Montrose St Orlando, FL 32819 Clermont, Fl 34711 Site 15630 Johns Lake Rd Clermont, FL 34711 Section 6. AMENDMENTS 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 Page 3—Gray, Utility Service Agreement for Water • 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 8th day of December, 2015 CITY OF CLERMONT ATTEST Gad L Ash, MayoTracy Ackr yd, City Clerk OWNER: Steven George Gray STele4 GeotiP 6". Signature Print Name STATE OF n1044 et., COUNTY OFh I HEREBY CERTIFY that on this day, before me, an officer duly aut}� Qrazed to administer oaths and take acknowledgments, personally appeared S r% Cr CSA`{ as of , who provided idenlrification in the form of Ft. .DM&L.iCLv+SC or who 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 tit day of .i cerri ner , 201S Z 404y NA, Kaylene A.McKoy State of Florida "A if My Commission Expires 12/10/2017 eOR 14-° Commission No.FF 75463 Page 4—Gray, Utility Service Agreement for Water EXHIBIT "A" PROPERTY DESCRIPTION Owner: Steven George Gray 8450 Oak Park Rd Orlando, FL 32819 Site. 15630 Johns Lake Rd. Clermont, FL 34711 Description: POSTAL COLONY 34-22-26 E 1/2 OF TRACT 51 PB 9 PG 65ORB 4159 PG 523 ORB 4176 PG 1106 Containing 4 8 acres more or less. Lake County Alternate Key Numbers: 1110971 I Page 5—Gray, Utility Service Agreement for Water Steven George Gray 15630 Johns Lake Road _ "-- - — 1 4 a 4r.?l O e •1 ) i w 4 1 L' , 11 0 1 ' - � 'I ? . — Ai 7 ' _ • — — _ _______ is_p_k_Atszisstill 1" 1 L 1 S E' t • 1•11411W" :: '1.. F : 1% ?�w1•use �.,,'; 1 •, . - HIPIII g'li!,' .,.,,,,.:"...*2' / --;".f-,., . % • • .• , sf mss• '.;, � . - �+ �. may, t i. -I ' ^i i.0- 1 i ) � ;. Page 6—Gray, Utility Service Agreement for Water Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 8'h day of December, 2015, between Steven George Gray 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. 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 7—Gray, Utility Service Agreement for Water PROPERTY OWNER(S): WITNESSES (Two required): Steven George Gray Witnesses By:.4;;; * ••Jddray l. 09 Signature Signature S7eivc11 Ge,r'e GCA 0x41. /1 8t , Type or print name Type or print name 2. _ i. Ft — Stgnature Ani+a Persauca Type or print name STATE OF F.(ori dA, COUNTY OF 4q/1pte-, The foregoing in trument was acknowledged before me on this I - day of c_beCWhber, 20 (57 by STZ 4 e c Qra Gut/ , who is personally known to me or who has produced Fbda r, � .D(L GGO- 181 - 48 ...4((_O as identification and who did not take ornit , Kaylene A.McKoy State of Florida ,, Commission Expires 12/10/2017 1SOF RSO' Commission No.FF5 Notary Publi Type/print name 1 1AI C,CN6. ti CKO Pursuant to Section 695 29(3)(0 th ment exempt from Chapter 695,F S,,Prepared by a Public Officer,City Attorney, City of Clermont,Florida 34712 \\alyhall\shares\Economic Development\JHITT\JPA-Utility Agreements&Reviews\Gray-15630 Johns Lake Rd\Gray 15630 Johns l ake Rd-USA for Water doc Page 8—Gray, Utility Service Agreement for Water Exhibit "A" CITY OF CLERMONT • UTILITY SERVICE AGREEMENT APPLICATION For Utilities Outside of Municipal Boundaries& C"° Determination of Capacity APPLICANT: Steven George Gray Date: 13/30)t CONTACT PERSON: Owner Address: City: State: Zip: Phone: Fax: E-Mail: OWNER:Steven George Gray Address:8450 Oak Park Rd. City: Orlando State: Florida Zip: 32819 Phone: Fax E-Mail: sgraynOcfl.rr.coon PARTY RESPONSIBLE FOR AGREEMENT: Steven George Gray Address of the subject property: 15630 Johns Lake Rd. General Location of the Property: 0.7 miles east of Hancock Rd. (Include Location Map) Area of the property 4.8 acres Zoning: A,Agriculture County Future Land Use Rural Attach development orders, ordinances end staff reports by Lake County and the Florida Dept of Economic Opportunity(DEO). Estimated Water Consumption Is 500 Gallons per day. (excluding irrigation) Estimated Sewer Consumption Is N/A Gallons per day. Detailed description of project: (or attach) Estimated Re-Use(Gray Water)Water Consumption is N/A Gallons per day. Page 9-Gray, Utility Service Agreement for Water 3 1 1 = required for submittal include one(1)copy of the following Items: !rA Signed original application and materials required for processing. • Letter of capacity and utility line location from the City of Clermont Environmental Services Dept. Phone: (352)241-0178 Proposed Site Plan cd applicable) ,T Lake County Property Appraiser-record card 4 Location map My applications currently on file with Lake County MIN My Lake County staff reports DEO or ECFRPC correspondence Any Information needed for determination of the utility services requested St .dtn tlt+y 6r157, X Applicant Name(print) Applicant Name(� .114%.--)e 57tjto, titer a 647 X .1 Owner Name(print) Owner Name(,4 at Prior to submitting an application,a meeting with the City of Clermont is required. To schedule a meeting with the City of Clermont please contact 11. James Hitt Economic Development Director: Phone: (352)241-7305 Email: ihittatclermontfl.orq A review by the Sim Review Committee l�be required.which would require 6 sets of site plans for review by staff. Upon the receipt of all necessary information and review by staff the request will be scheduled for the next available City Council regular meeting. City of Clermont Economic Development Department 685 W.Montrose St. Clermont, FL 34711 (352)241-7305 I Page 10-Gray, Utility Service Agreement for Water I Steven George Gray 15630 Johns Lake Road ,- __ �_ ;: '!Kh L+4KC RQ I l I l I eno i I I l / I d / 1 l I l I p I I a 1 , I I r • 1 1 I[ .I ' la X131_ ' 46,....,- �• l I I ' dor Mai I , • • 'nmain.•e• 4' •,r I• l — _, --'1- ' -.1 lin - • Ill!, IIIli c ' II• ff •11%111U.4": Page 11 —Gray, Utility Service Agreement for Water 1ii 37 i I a f Q l oat ,, , Wt " 4e ' AilEITFil 1 iiii © ■ ■❑ D■ H C1,%., 0E11 L1 g Q g a F . i8-1 3 i g s rt 3 i'• , $$+ F. CI � i X @iii 1t. v 0o 0 = 0 � ' IL Ago 51?A Page 12—Gray, Utility Service Agreement for Water