Contract 2021-020A#2021-020-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 Pulte Home Company, LLC, a Michigan limited
liability company, and any successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service for a 75 lot single-family residential subdivision
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, as a condition of CITY providing said water, sewer and reclaimed service 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 subdivision; 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 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 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. WATER/SEWER/RECLAIMED — Each and all of the foregoing premises are
incorporated into and constitute a part of this Agreement.
1.1 CITY shall provide water, sewer and reclaimed 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 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 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.
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1.5 The OWNER shall be responsible for the construction of all onsite 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 improvements. No Certificate of Occupancy shall be
issued until water and sewer improvements have been completed and accepted by the
CITY.
1.6 The OWNER shall be responsible for all costs of onsite 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 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 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.
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1.17 The development shall be in substantial compliance with the Dimension Plan shown in
Exhibit "C", except as may be revised, as necessary, for adjustments with the Lake County
Water Authority. Major changes as determined by the Clermont Site Review Committee
may require an amendment to this Agreement.
1.18 This Agreement shall be voided after five (5) years if building permits have not been issued
and building construction has not started.
1.19 The Agreement shall be for a 75 lot single-family subdivision at 26,250 gpd for water,
16,500 gpd for sewer and 20,909 gpd for re -use, based on an annual average.
Section 2. DEVELOPMENT STANDARDS
(a) The project shall be developed according to the JPA Land Development Regulations
(Lake County Ordinance No. 2005-64). Items not addressed in the JPA Land
Development Regulations must be developed to City standards unless otherwise
stipulated in this Agreement or subsequent amendments to this Agreement.
(b) The project shall be developed in substantial accordance with the Master Site Plan as
submitted with the Utility Service Agreement request, dated January 22, 2021 by
Madden Engineering.
(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
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A", except as may be revised, as
necessary, for adjustments with the Lake County Water Authority. 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.
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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
Pulte Home Company, LLC
Aaron Struckmeyer, Director — Land Development
4901 Vineland Road, Suite 500
Orlando, FL 32811
Any amendment to this agreement is not effective unless the amendment is in writing and signed
by all parties.
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Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the agreement required
hereunder.
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 M
DATED this 1 day of OR& , 2021.
CITY OF CLERMONT
ATTEST:
Tim Murry, May Tracy Ackroyd Howe, MMC, City Clerk
ality:
ris, City Attorney
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OWNER: Pulte Home Company, LLC
Title: - -VW v l✓GUc"i. ff-1 Y—r
Signature
AA-"N JW r,H ey
Print Name
STATE OF FLORIDA
COUNTY OF(OrAW
The foregoina instrumenLWas acknowledged before me on this day of
2021, by % , as P I(
of Pulte Home Company, LLC, a Michigan limited liability company, on behalf of
the company, who is personally known to me or who has produced
as I e cation and who did not take an oath.
Notary Public SEAL: {OXro6•., TRACEYf.EDESMA
Type/print name /�
. `
Notary Public •State of Florida
Commission k GG 962734
My Comm, Expires Feb
26, 2024
Bonded through National Notary Assn.
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EXHIBIT "A"
PROPERTY DESCRIPTION
Owner:
Pulte Home Company, LLC
Description:
OR BK 4989 PG 1375 PAGE 3
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF GOVERNMENT LOT 1 WITH THE
SOUTH LINE OF STATE ROAD NO. 50 (AS PART OF RIGHT OF WAY SECTION 11070-2505) THENCE RUN
S89045'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 590.69 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S89°45'41"E ALONG SAID SOUTH LINE, A DISTANCE OF 101.89 FEET TO A POINT OF
INTERSECTION WITH THE WEST LINE OF JOHNS LAKE PLAZA AS RECORDED IN PLAT BOOK 55, PAGES 51-
52 OF THE PUBLIC RECORDS OF SAID LAKE COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY
LINES OF SAID JOHNS LAKE PLAZA THE FOLLOWING 3 COURSES: S00'55'33"W, A DISTANCE OF 519.10
FEET; THENCE N89°31'05"W, A DISTANCE OF 33.75 FEET TO A POINT OF INTERSECTION WITH EAST LINE
OF SAID WEST 660 FEET OF GOVERNMENT LOT 1; THENCE S01°03'39"W ALONG SAID EAST LINE, A
DISTANCE OF 89.00 FEET TO THE SOUTHWEST CORNER OF SAID JOHNS LAKE PLAZA; THENCE
CONTINUING S01'03'39"W ALONG SAID EAST LINE, A DISTANCE OF 555.86 FEET; THENCE N89°36'02"W,
A DISTANCE OF 310.67 FEET; THENCE N00°27'11"E, A DISTANCE OF 825.53 FEET TO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF "PARCEL 1" AS DESCRIBED IN OFFICIAL RECORDS 2002, PAGE
2363 OF SAID PUBLIC RECORDS; THENCE ALONG THE SOUTH AND EASTERLY LINE OF SAID "PARCEL 1"
THE FOLLOWING 3 COURSES: S89°27'37"E, A DISTANCE OF 221.07 FEET; THENCE N07'48'24"E, A
DISTANCE OF 233.81 FEETTHENCE N02023'13"E, A DISTANCE OF 116.70 FEET TO A POINT OF
INTERSECTION WITH SAID SOUTH LINE OF STATE ROAD NO. 50 AND THE POINT OF BEGINNING.
PARCEL 1:
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S88°45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEETTO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY
LINE, S89-45'41"E., 278.32 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S02°21'18"W.,
116.05 FEET; THENCE S07°40'26"W., 223.86 FEET; THENCE N89°35'28"W., 246.07 FEET, THENCE
N00°24'32"E., 337.19 FEET TO THE POINT OF BEGINNING.
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SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE WEST 30 FEET THEREOF.
PARCEL 2
THAT PART OF THE WEST 660 FEET OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 22 SOUTH, RANGE
26 EAST, LYING SOUTH OF STATE ROAD 50, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST LINE OF THE WEST 660 FEET OF GOVERNMENT LOT 1, AND THE
SOUTH RIGHT OF WAY LINE OF STATE ROAD 50; THENCE S89°45'41"E., ALONG SAID SOUTH RIGHT OF
WAY LINE 312.37 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN S00°24'32"W. 621.53 FEET;
THENCE N89045'41"W., 318.79 FEETTO THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 1;
THENCE N01°01'00"W., 621.58 FEETTO THE POINT OF BEGINNING.
Lake County Alternate Key Numbers:
3502027, 3907278, 3907279
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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 91h day of March 2021, between Pulte Home Company,
LLC, 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 Grantor's 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.
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PROPERTY OWNER(S):
Pulte Home Company, LLC
By:
Signature
tf fi
Type or print name
Signature
Type or print name
STATE OF FLORIDA
COUNTY OF OVA
The foregoing instrumenj was acknow
WITNESSES (Two required):
Witnesses
1.
Signature
Tmc ey Ledesma
Type or print name
2.
SignKure
Type or print name
before me on this t day of
as L
V O VI%GVU3f Pulte Home Company, LLC, a Michigan limited liability
company, on behalf of said company, who is personally known -to me or who has
produced as identification and who did not
take an oath.
pti' •. TRACEY LEDESMA
Notary Public • State of Florida
'• ;p` Commission p GG 962734
Notary Public SEAL: ' ? qr d`' MY Comm. Expires Feb 26, 2024
Bonded through National Notary Assn.
Type/ print name Tracey Ledesma
Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of
Clermont, Florida 34712
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EXHIBIT "C"
DIMENSION PLAN
Evergreen Estates - Master Site Plan:
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EXHIBIT "D"
LOCATION MAP
Evergreen PUD Utility Agreement Location Map
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