Contract 2020-043AINSTRUMENT#: 2021050145 OR BK 5685 PG 1647 PAGES: 10 4/13/2021 12:00:10 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
#2020-43-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and East Clermont Village, LLC and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a Multi -family Residential Project (East Clermont
Village) with up to 296 units, which is located 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 unincorporated area of Lake County and the OWNER is
requesting water and sewer service from the CITY; and
Whereas, the OWNER currently has a water and sewer utility agreement in place with the City
for 288 units (Oak Properties, LLC) that was executed with CITY on September 24, 2019 ; and
Whereas, the OWNER has received final PUD approval (Ordinance 2019-63) from Lake County
for 296 units and wishes to modify the Oak Properties, LLC agreement; and
Whereas, as a condition of CITY providing said water and sewer service to the property,
OWNER is to extend water and sewer 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; and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water
and/or sewer lines and appurtenances in order to provide additional capacity to other properties;
and
Whereas, as a condition of the provision of water and sewer service to the Property by the
CITY, 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.
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.
Page 1 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1648 PAGE 2 of 10
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development.
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1.6 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 and
sewer are 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. No Certificate of Occupancy
shall be issued until water and sewer extensions have been completed and accepted by
the CITY.
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 along State Road 50 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.
1.9 The utilities in the property shall be privately owned and maintained, but shall be
constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
1.11 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.
1.12 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.
1.13 The OWNER and CITY shall agree on the cost difference, which will be the responsibility
of the CITY, prior to commencement of construction.
1.14 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water and sewer lines and appurtenances, both on site and off site,
required to serve the Property, with reimbursement for the difference in costs as
determined in Section 1.12 and 1.13 from the CITY in the form of Impact Fee Credits.
1.15 The Impact Fee Credits shall be established subject to Sections 1.12 and 1.13 and 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.
1.16 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
Page 2 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1649 PAGE 3 of 10
"A" but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.18 The City may require a looped system to provide reliability and redundancy to the
property.
1.19 The point of sewer connection shall be coordinated with the existing utilities on the south
side of State Road 50. The applicant will own and maintain the off -site force main from
the private lift station to the existing gravity sewer system located on the south side of
State Road 50.
1.20 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns, as approved by the City's Site Review
Committee. No chain link shall be used in public view areas.
1.21 Parking of any vehicles outside the paved parking areas, or in any landscape buffers
shall not be permitted.
1.22 The OWNER must coordinate with Lake County and the Metropolitan Planning
Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Concurrency Management System (TCMS).
1.23 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.24 The Agreement shall be for commercial utility flow/demand for a Multi -family Residential
Project (East Clermont Village) with up to 296 units, with water at 45,584 gallons per day
(gpd) and sewer at 45,584 gpd, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed in accordance with the East Clermont Village Planned
Unit Development RZ-19-23-2 (Lake County Ordinance 2019-63), as amended.
(b) Except as may be specifically set forth and expressly stated in the East Clermont Village
Planned Unit Development RZ-19-23-2 (Lake County Ordinance 2019-63),the project
shall be developed according to City standards, unless otherwise stipulated in this
Agreement or subsequent amendments to this Agreement.
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
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
Page 3 - East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1650 PAGE 4 of 10
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, FI 34712-0219
Section 6. AMENDMENTS
OWNER
East Clermont Village, LLC
C/O First Team Commercial, LLC
1089 W. Morse Blvd, Ste D
Winter Park, FL 32789
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 4 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1651 PAGE 5 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
CITY OF CLERMONT
Tracy Ackroyd Howe, MMC, City Clerk
Approv as to fo lega '
Daniel F. Mantzaris, i orney
Page 5 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1652 PAGE 6 of 10
OWNER: East Clermont Village. LLC
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STATE OF
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Page 6 - East Clemont Village LLC, Utility Service Agreement for Water & Wastewater
0
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1653 PAGE 7 of 10
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner: East Clermont Village, LLC
TRACTS 51A, AND A PORTION OF TRACTS 61 AND 62 LAKE HIGHLANDS COMPANY SUBDIVISION OF
SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN THE PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26
EAST; THENCE, SOUTH 89;47'05' EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 26, A DISTANCE OF 33.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF COUNTY
ROAD 455 (VARIABLE WIDTH RIGHT OF WAY); THENCE NORTH 00'43'08' EAST, ALONG SAID EAST RIGHT
OF WAY LINE, A DISTANCE OF 195.32 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTHERLY
ALONG SAID EAST, A DISTANCE OF 39.55 FEET; (2) NORTH 89'16'52' WEST, A DISTANCE OF 13.00 FEET;
(3) NORTH 00'43'08' EAST, A DISTANCE OF 533.34 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE THE FOLLOWING TWO COURSES AND DISTANCES: (1) NORTH 50'47'04' EAST, A DISTANCE OF 9.58
FEET TO A POINT OF CURVATURE TO THE RIGHT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF
1,402.70 FEET, A CENTRAL ANGLE OF 56'27'54'. AND A CHORD LENGTH OF 1, 327.10 FEET, WHICH
BEARS NORTH 79'01'01' EAST; (2) EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1,382.36
FEET, TO A POINT ON THE EAST LINE OF TRACT 51A; THENCE, DEPARTING SAID RIGHT OF WAY LINE,
RUN SOUTH 00'36'47 WEST, ALONG SAID EAST LINE AND THE EAST LINE OF TRACT 62, A DISTANCE OF
836.93 FEET, THENCE DEPARTING SAID EAST LINE, NORTH 89'46'45' WEST, A DISTANCE OF 1,295.45
FEET TO THE POINT OF BEGINNING.
Site contains 24.654 +/- acres.
Page 7 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1654 PAGE 8 of 10
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 day of , 2020, between East Clermont
Village, LLC, 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 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 8 - East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1655
EAST CLERMONT VILLAGE LLC Witnesses
By:
/
Signature
Type or print name
By: /1 /A
Signature
Type or print name
STATE OF OXZ
COUNTY OF XAAoVs(s,,,
PAGE 9 of 10
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Type or print name
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The foregoing instru�ment�w as acknowledg before me on thi da �t �"? ,
2020, by .,.re" . who is ersonally me
or who has produced as identification an who did
not take an oath.
Notary L:
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Pursuant to section 695.29(3)(t): this inaMmumt exempt from Chapter 695, FX,; Prepared by a Public Officer, City Attorney, City of Clermont,
Florida 34712
Page 9 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1656 PAGE 10 of 10
EXHIBIT "C"
LOCATION MAP
EAST CLERMONT VILLAGE LLC
Aerial view:
Page 10 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT#: 2021050145 OR BK 5685 PG 1647 PAGES: 10 4/13/2021 12:00:10 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
#2020-43-A
UTILITY SERVICE AGREEMENT
FOR WATER & WASTEWATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and East Clermont Village, LLC and any successors
or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a Multi -family Residential Project (East Clermont
Village) with up to 296 units, which is located 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 unincorporated area of Lake County and the OWNER is
requesting water and sewer service from the CITY; and
Whereas, the OWNER currently has a water and sewer utility agreement in place with the City
for 288 units (Oak Properties, LLC) that was executed with CITY on September 24, 2019 ; and
Whereas, the OWNER has received final PUD approval (Ordinance 2019-63) from Lake County
for 296 units and wishes to modify the Oak Properties, LLC agreement; and
Whereas, as a condition of CITY providing said water and sewer service to the property,
OWNER is to extend water and sewer 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; and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water
and/or sewer lines and appurtenances in order to provide additional capacity to other properties;
and
Whereas, as a condition of the provision of water and sewer service to the Property by the
CITY, 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.
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.
Page 1 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1648 PAGE 2 of 10
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development.
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1.6 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 and
sewer are 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. No Certificate of Occupancy
shall be issued until water and sewer extensions have been completed and accepted by
the CITY.
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 along State Road 50 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.
1.9 The utilities in the property shall be privately owned and maintained, but shall be
constructed to City standards.
1.10 Irrigation shall be provided by private well until such time that reuse water is available.
1.11 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.
1.12 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.
1.13 The OWNER and CITY shall agree on the cost difference, which will be the responsibility
of the CITY, prior to commencement of construction.
1.14 The OWNER shall be responsible for all costs including design, permitting, materials and
construction of the water and sewer lines and appurtenances, both on site and off site,
required to serve the Property, with reimbursement for the difference in costs as
determined in Section 1.12 and 1.13 from the CITY in the form of Impact Fee Credits.
1.15 The Impact Fee Credits shall be established subject to Sections 1.12 and 1.13 and 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.
1.16 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
Page 2 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1649 PAGE 3 of 10
"A" but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1.18 The City may require a looped system to provide reliability and redundancy to the
property.
1.19 The point of sewer connection shall be coordinated with the existing utilities on the south
side of State Road 50. The applicant will own and maintain the off -site force main from
the private lift station to the existing gravity sewer system located on the south side of
State Road 50.
1.20 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns, as approved by the City's Site Review
Committee. No chain link shall be used in public view areas.
1.21 Parking of any vehicles outside the paved parking areas, or in any landscape buffers
shall not be permitted.
1.22 The OWNER must coordinate with Lake County and the Metropolitan Planning
Organization (MPO) for compliance with Transportation Concurrency, and the
Transportation Concurrency Management System (TCMS).
1.23 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.24 The Agreement shall be for commercial utility flow/demand for a Multi -family Residential
Project (East Clermont Village) with up to 296 units, with water at 45,584 gallons per day
(gpd) and sewer at 45,584 gpd, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed in accordance with the East Clermont Village Planned
Unit Development RZ-19-23-2 (Lake County Ordinance 2019-63), as amended.
(b) Except as may be specifically set forth and expressly stated in the East Clermont Village
Planned Unit Development RZ-19-23-2 (Lake County Ordinance 2019-63),the project
shall be developed according to City standards, unless otherwise stipulated in this
Agreement or subsequent amendments to this Agreement.
(c) The project shall be developed according to the City of Clermont Sign Code, Section
102.
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
Page 3 - East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1650 PAGE 4 of 10
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, FI 34712-0219
Section 6. AMENDMENTS
OWNER
East Clermont Village, LLC
C/O First Team Commercial, LLC
1089 W. Morse Blvd, Ste D
Winter Park, FL 32789
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Page 4 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1651 PAGE 5 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
CITY OF CLERMONT
Tracy Ackroyd Howe, MMC, City Clerk
Approv as to fo lega '
Daniel F. Mantzaris, i orney
Page 5 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1652 PAGE 6 of 10
OWNER: East Clermont Village. LLC
Signabire •.
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Print Name
Title: P���'^v
STATE OF
COUNTY OF
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The foregoing instrument was acknowle�gec
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2020, by 7*dL.•((���X� , who i ersonally known
me or who has produced as i e ca on and Who
did not take an oath.
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Page 6 - East Clemont Village LLC, Utility Service Agreement for Water & Wastewater
0
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1653 PAGE 7 of 10
EXHIBIT "A"
PROPERTY DESCRIPTION
Owner: East Clermont Village, LLC
TRACTS 51A, AND A PORTION OF TRACTS 61 AND 62 LAKE HIGHLANDS COMPANY SUBDIVISION OF
SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN THE PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26
EAST; THENCE, SOUTH 89;47'05' EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 26, A DISTANCE OF 33.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF COUNTY
ROAD 455 (VARIABLE WIDTH RIGHT OF WAY); THENCE NORTH 00'43'08' EAST, ALONG SAID EAST RIGHT
OF WAY LINE, A DISTANCE OF 195.32 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTHERLY
ALONG SAID EAST, A DISTANCE OF 39.55 FEET; (2) NORTH 89'16'52' WEST, A DISTANCE OF 13.00 FEET;
(3) NORTH 00'43'08' EAST, A DISTANCE OF 533.34 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE THE FOLLOWING TWO COURSES AND DISTANCES: (1) NORTH 50'47'04' EAST, A DISTANCE OF 9.58
FEET TO A POINT OF CURVATURE TO THE RIGHT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF
1,402.70 FEET, A CENTRAL ANGLE OF 56'27'54'. AND A CHORD LENGTH OF 1, 327.10 FEET, WHICH
BEARS NORTH 79'01'01' EAST; (2) EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1,382.36
FEET, TO A POINT ON THE EAST LINE OF TRACT 51A; THENCE, DEPARTING SAID RIGHT OF WAY LINE,
RUN SOUTH 00'36'47 WEST, ALONG SAID EAST LINE AND THE EAST LINE OF TRACT 62, A DISTANCE OF
836.93 FEET, THENCE DEPARTING SAID EAST LINE, NORTH 89'46'45' WEST, A DISTANCE OF 1,295.45
FEET TO THE POINT OF BEGINNING.
Site contains 24.654 +/- acres.
Page 7 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1654 PAGE 8 of 10
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 day of , 2020, between East Clermont
Village, LLC, 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 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 8 - East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1655
EAST CLERMONT VILLAGE LLC Witnesses
By:
/
Signature
Type or print name
By: /1 /A
Signature
Type or print name
STATE OF OXZ
COUNTY OF XAAoVs(s,,,
PAGE 9 of 10
• store
Jr
Type or print name
Type or print name
,AD 'ej/
The foregoing instru�ment�w as acknowledg before me on thi da �t �"? ,
2020, by .,.re" . who is ersonally me
or who has produced as identification an who did
not take an oath.
Notary L:
Type/print name 6tS�e�e �` • .��
+ . SUSIWKAYMA
a * COMMW0009321W
_ �xpkt!1kg�ate,�9
iai0ldilwB�RgoYnlmloM
Pursuant to section 695.29(3)(t): this inaMmumt exempt from Chapter 695, FX,; Prepared by a Public Officer, City Attorney, City of Clermont,
Florida 34712
Page 9 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater
INSTRUMENT# 2021050145 OR BOOK 5685/PAGE 1656 PAGE 10 of 10
EXHIBIT "C"
LOCATION MAP
EAST CLERMONT VILLAGE LLC
Aerial view:
Page 10 — East Clermont Village LLC, Utility Service Agreement for Water & Wastewater