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Contract 2022-011AINSTRUMENT#: 2022025024 OR BK 5901 PG 1937 PAGES: 7 2/23/2022 11:20:14 AM 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 Reda Berrada Allam, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to a new single family residential home which is located on 5.0+/- acres at Laguna Road and CW Harrell Avenue, (Alt Key - 1082188) 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 - Reda Berrada Allam, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1938 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 with typical water use. 2 — Reda Berrada Allam, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1939 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: CVI1 City of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Section 6. AMENDMENTS OWNER Reda Berrada Allam 9117 Outlook Rock Trail Windermere, FL 34786 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 - Reda Berrada Allam, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1940 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 it by City Council action. DATED this 8th day of February 2022. CITY OF CLERMONT Tim Murry, Mayor OWNER: Reda Berrad Allam Signature STATE F / C 1C�Y t CI IL4SA- Print Name I HER BY CERTIFY that on this day, before me, n officer duly authorized to administer oaths and take acknowled ments, personally ap eared C� �- _ A i (0, — A\ as Lt�f off k �� a �� , who provided identification in the form of E Ll_ 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 Vday of �" Q �r'�t LL �' _ _, 201D Notary Public (�-.� ' (.� c SEAL: M _ ,Avnj.•. NICOLE WISNIEWSKI Commission # GO 227831 Type/print name Expires June lz,zoz2 `••')�uF i��°'' goaded ThruTroy Faio nrauranoe 800385-7019 4 — Reda Berrada Allem, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1941 PAGE 5 of 7 EXHIBIT "A" PROPERTY DESCRIPTION Owner: Reda Berrada Allam 9117 Outlook Rock Trail Windermere, FL 34786 Description: W 1/2 OF SW 1/4 OF SW 1/4 OF NE 1/4 ORB 6809 PG 2366 Containing 5.0 acres more or less. Lake County Alternate Key Numbers: 1082188 5 — Reda Berrada Allam, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1942 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 Bch day of February, 2022, between Reda Berrada Allam, 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" 6 — Reda Berrada Allam, Utility Service Agreement for Water Services INSTRUMENT# 2022025024 OR BOOK 5901/PAGE 1943 PAGE 7 of 7 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. PROPERTY OWNER(S): WITNESSES (Two required): Reda Berrada Type or print STATE OF COUNTY Witnesses �r Signature Type or print name 2. iiatre u: I Type or print name The foregoin instrument was acknowledged before me on this `_�day of 20ii2 , by �k �j Q Ct` 4� d Q _ ��U`r� ,who is personally known o me or who has produced l_ as identification and who did not take an oath. Notary Public >G , � - (/L/ L., _4 t.L. SEAL �•.: NICOLE WISNIEWSKI 1�PY V Commission # GG 227831 ;,Po= Expires June 12, 2022 Type/print name 1 ��I �� GjV�i� ��I �.°•FY`O'' Bonded ThiuTroy Fain insurance 800.365.1019 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 — Reda Berrada Allam, Utility Service Agreement for Water Services