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Contract 2021-095AINSTRUMENT#: 2023112819 OR BK 6210 PG 1264 PAGES: 10 9/14/2023 2:12:46 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $86.50 #2021-095-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 Granville Properties, LLC, 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 and sewer service from the CITY; and Whereas, as a condition of CITY providing said water and sewer 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 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 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 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. Page 1 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1265 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 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 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 Dimension Plan 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 4,700 gpd for water based on an annual average and 4,020 gpd for sewer based upn 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). (b) The project shall be developed in substantial accordance with the Site Plan as submitted with the Utility Service Agreement request, dated July 14, 2021 by Germana Engineering. Page 2 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1266 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 "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 of Clermont City Manager P.O. Box 120219 Clermont, FL 34712-0219 Section 6. AMENDMENTS OWNER Granville Properties LLC 11905 Egret Bluff Clermont, FL 34711 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1267 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 �D day of A , CITY OF CLERMONT +�4 k Tim Murry, Nlayor , 2021. TTEST: i . J-''?U Tracy Ackroyd Hdwe, MMC, City Clerk Appr/o d as tip; rm and Iegplity: Darn . Mantzaris, City Attorney Page 4 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1268 PAGE 5 of 10 OWNER: Granville Properties, LLC Title: + Jett I Signature b l N1r"�J Print Name STATE OF ` (Plri aC, COUNTY OF Lok_v -_ The foregoing,instrument was acknowledged before me on this ✓D day of Jf�Y`✓ 2021, by 1DG t _ T) . T► �ot� Seen who(is�eronally knowo me or who has produced as` uu_,itifiuc,Liu,l dlIU �uho did not take an oath. Notary Public COS`"S- .IC4� SEAL: nra.ly auoGc stain CO vlwide Type/print name Danck F. TQy lov- Dane F. Taylor 1 d My COMMWsim HH 05W5 ' yip EXPVW 10R1=24 Page 5 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1269 PAGE 6 of 10 EXHIBIT "A" PROPERTY DESCRIPTION Owner: Granville Properties, LLC Description: LEGAL DESCRIPTION: (PREPARED BY SURVEYOR) That part of Tracts 24 and 25, LAKE HIGHLAND SUBDIVISION, Section 26, Township 22 South, Range 26 East, as recorded in Plat Book 3, Page 24, Public Records of Lake County, Florida, described as follows: Commence at the Southwest corner of Tract 25, thence North 00 degrees, 56'04" West along the West line of said Tract 25 and 24 a distance of 660.00 feet to the Point of Beginning. Thence continue North 00 degrees 56'04" West, along said West line 220.0 feet; Thence North 89 degrees 36'36" East 466.30 feet; thence South 00 degrees 53'49" East 220 feet; thence South 89 degrees 36'37" West, 466.15 feet to the Point of Beginning. Lake County Alternate Key Numbers: 3924628, 3924629, 3924630, 3924631, 3924632, 3924633 Page 6 - Granville Properties, LLC —Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1270 PAGE 7 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 24th day of August 2021, between Granville Properties 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: Page 7 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1271 PAGE 8 of 10 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): Granville Properties, LLC poll Signature — Type or print name By: _ _ Signature Type or print name STATE OF FiurtC:a COUNTY OF Cq I. e WITNESSES (Two required): Witnesses Signature Type or print name 2. Signature Type or print name The foregoing instrument was acknowledged before me on this day of 021, by �lD. _T_Ic1�t�rnn who is L4vrd�on�allvkno�'�w'i to me or who has produced as i36 T-M-ccation and who did not take an oath. Notary Public a- �S, _ '� SEAL: 4241 w, d„ � Dens F. TWO( Type/ print name i offU dno_ T kw � c" i ="4 ossaes Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, FS.,; Prepared by a Public Officer, Cih, Attome%,, Cih• of Clermimt, Florida M712 Page 8 - Granville Properties, LLC -Utility Service Agreement for Water 8 Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1272 PAGE 9 of 10 EXHIBIT "C" DIMENSION PLAN Granville Properties - Master Site Plan: e a I j ' a .:.®I"' { 1'i_ p� ° ... ��1�i ip�p�iMly __ 1 I i•i I �) ��, o� t --LILLLLI ! Cm _ _ r» +Tie —•;;non; M at Ylr•w. - — - �t' M 1C71#N -- 14YMIitOp Page 9 - Granville Properties, LLC -Utility Service Agreement for Water 8 Wastewater INSTRUMENT# 2023112819 OR BOOK 6210/PAGE 1273 PAGE 10 of 10 EXHIBIT "D" LOCATION MAP Page 10 - Granville Properties, LLC -Utility Service Agreement for Water 8 Wastewater #2021-095-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 Granville Properties, LLC, 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 and sewer service from the CITY; and Whereas, as a condition of CITY providing said water and sewer 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 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 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 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. Page 1 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater 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 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 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 Dimension Plan 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 4,700 gpd for water based on an annual average and 4,020 gpd for sewer based upn 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). (b) The project shall be developed in substantial accordance with the Site Plan as submitted with the Utility Service Agreement request, dated July 14, 2021 by Germana Engineering. Page 2 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater 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 Granville Properties LLC 11905 Egret Bluff Clermont, FL 34711 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater 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 date listed below. CITY through its City Manager, authorized action, and OWNER through DATED this �� day of , 2021. executed this Agreement on the to execute same by City Council CITY OF CLERMONT TTEST: Tim Murry, ayor Tracy Ackroyd H e, MMC, City Clerk Appro a orm an ality: --, Dani . Mantzaris, City Attorney Page 4 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater OWNER: Granville Properties, LLC Title: Signature h �,qOY14 �J&V\- Print Name STATE OF Flout ac, COUNTY OF LXXV_t _ PQ6,s ►a,4 1 The foregoin instrument was acknowledged before me on this 2021, by b_eV_t_ _ 1,�I . or who has produced not take an oath. Notary Public SEAL: Type/print name _DCUf1A TO� (of 3o day of S kmbLr who ' er onally now o me as who did �4� �Notary Public State of Florida Dana F. Taylor +� MY Commission HH 055M5 'i�p� Expires 10/21/2024 Page 5 - Granville Properties, LLC -Utility Service Agreement for Water & Wastewater EXHIBIT "A" PROPERTY DESCRIPTION Owner: Granville Properties, LLC Description: LEGAL DESCRIPTION: (PREPARED BY SURVEYOR) That part of Tracts 24 and 25, LAKE HIGHLAND SUBDIVISION, Section 26, Township 22 South, Range 26 East, as recorded in Plat Book 3, Page 24, Public Records of Lake County, Florida, described as follows: Commence at the Southwest corner of Tract 25, thence North 00 degrees, 56'04" West along the West line of said Tract 25 and 24 a distance of 660.00 feet to the Point of Beginning. Thence continue North 00 degrees 56'04" West, along said West line 220.0 feet; Thence North 89 degrees 36'36" East 466.30 feet; thence South 00 degrees 53'49" East 220 feet; thence South 89 degrees 36'37" West, 466.15 feet to the Point of Beginning. Lake County Alternate Key Numbers: 3924628, 3924629, 3924630, 3924631, 3924632, 3924633 Page 6 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater 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 24th day of August 2021, between Granville Properties 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: Page 7 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater 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): Granville Properties, LLC By: — *4n Signature l Type or print name Signature Type or print name STATE OF Ft o ri e_-Ac- COUNTY OF L c- v- c WITNESSES (Two required): Witnesses 1. Signature Type or print name 2. Signature Type or print name The foregoing instrument was acknowledged before me on this 3U' day of b.c.r M21, by 12c be i+. Tinon� �so� er onally kn0 to me or who has produced as 1 en ica on and who did not take an oath. Notary Public SEAL: Notary Public State of Florida Dana F. Taylor Type/print name C�Oy'\0. TC`y ��� Foe, � Pveea 0/2120on 24 0556fi5 , who is Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attomey, City of Clermont Florida 34712 Page 8 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater EXHIBIT "C" DIMENSION PLAN Granville Properties - Master Site Plan: ..r------;-� ei i� movosEo wMENousE - PROPOSED w Na E ROPOOSSEiD +.-. -. WAREHOUSE .-r li �f m H 11.11 I I nd I I) I I•i I �. d..m -.I m ii aml i•.�......�. x PROPOSED wnrsEHousE �------ - .. it ---- -------.,,. - - --------------A------ BITE QATA „ohs N. 2011.OID7 i,NA. ana Page 9 — Granville Properties, LLC —Utility Service Agreement for Water & Wastewater Ir 5 CS EXHIBIT "D" LOCATION MAP e.,. .. — r .. , .f Site _ _ - _ _ _ _ /Ili.►`. .. �-..... _ _ _.. IN' APAcr�f aR I iiwrrt _4j" NAVAHO TRL .. -f _ _ f`- I e r ✓� IY�� y 1 -_ -�Irr �"��`-f'rr' ��-+•. ,r �� « •�/�.�.< 'If .v�r. <r Z c.fif ROKEE"�- s''s! Ilk If 'f NNfrl�� �, ,'l� • �,� ; rib- . , , . .. _ Page 10 —Granville Properties, LLC —Utility Service Agreement for Water & Wastewater