21-3276 - Utility Agreement - Timothy D Eggers - 2806 Lake Howell Ln

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GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT 8, COMPTROLLER CFN# 2021158626 Bk:10114 Pg:665-673(9Pgs) REC: 12/06/2021 8:07:48 AM by cjones Prepared by: RECORDING FEES $78.00 Catherine D. Reischmann, Esq. 111 N. Orange Ave., Ste. 2000 Orlando, FL 32801 Return to: City Clerk 95 Triplet Lake Drive Casselberry, FL 32707 UTILITY AGREEMENT FOR WATER SERVICE THIS UTILITY AGREEMENT FOR WATER SERVICE is made and entered into this 1,5441 day of Kjavemb?l , 2021, by and between the CITY OF CASSELBERRY, FLORIDA, a Florida municipal corporation, of 95 Triplet Lake Drive, Casselberry, Florida 32707 ("CITY"), and TIMOTHY D. EGGERS of 885 Copperfield Terrace, Casselberry, FL 32707 (OWNER), for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, hereby covenant and agree as follows: 1. REQUEST FOR SERVICES BY OWNER. OWNER desires to make water service available to the property located at 2806 Lake Howell Lane, Winter Park, Florida 32792, and legally described on Exhibit "A" attached hereto and incorporated by reference herein, ("Property") for the benefit in perpetuity of OWNER, its successors and assigns, and requests that the CITY provide such services. 2. AGREEMENT OF CITY. CITY agrees to make water service available to the Property for the benefit of OWNER, its successors and assigns, subject to the terms and conditions as set forth below and at such rates and changes as may from time to time be established. A map of the proposed lines is attached as Exhibit "B." 3. AGREEMENT TO CONSTRUCT. CITY is willing to construct water facilities and other established appurtenant facilities as may be required to serve the Property in return for the consideration set forth herein. 4. ENCUMBRANCE ON PROPERTY. The obligations incurred by OWNER as a result of this Agreement shall constitute an encumbrance on the Property. This Agreement is made subordinate to any existing mortgage liens on the Property, except that such subordination is only to subordinate CITY's interest to the mortgage lien and in no way waives or releases CITY's rights arising from this Agreement. 5. DEFINITIONS. The following definitions of terms used in this Agreement shall apply unless the context indicates a different meaning: (a) "Connection Fees" - A fee or charge paid to the CITY by OWNER for the purpose of obtaining water capacity. The amount shall be determined in accordance with the CITY schedule of rates in effect from time to time.