2015-09 This instrument prepared by and
after recording return to
Cecelia Bonifay
Akerman LLP
420 South Orange Avenue
Suite 1200
Orlando,Flonda 32801
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
SECOND AMENDMENT TO DEVELOPMENT ORDER FOR
LOST LAKE RESERVE DEVELOPMENT OF REGIONAL IMPACT
(CLERMONT, FL)
WHEREAS, on November 26, 2002, the City of Clermont, Florida (the "City") adopted
a Development Order for Lost Lake Reserve Development of Regional Impact (the
"Development Order"); and
WHEREAS, on March 23, 2010, the City adopted an Amended Development Order for
Lost Lake Reserve Development of Regional Impact(the "Development Order"); and
WHEREAS, Lerner Real Estate Advisors, a Flonda corporation ("Developer") is the
developer of the Lost Lake Reserve Development of Regional Impact ("Lost Lake Reserve
DRP") and has authority to file an application for an amendment to the Lost Lake Reserve DRI in
accordance with Section 380.06, Florida Statutes; and
WHEREAS, Developer submitted to the City and obtained approval for transportation
mitigation proposed; and
WHEREAS, all public hearings required by Section 380.06, Flonda Statutes, have been
duly noticed and held, including, without limitation, a hearing before the City Council on
January 27, 2015, at which the changes to the Development Order were adopted by the City as
nonsubstantial changes to the Lost Lake Reserve DRI;
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WHEREAS, Department of Economic Opportunity (DEO), the East Central Florida
Regional Planning Council (ECFRPC), and the City have determined that' the proposed
amendment is consistent with the State Comprehensive Plan, the report and recommendations of
the ECFRPC, ECFRPC's Strategic Policy Plan, and the City's Comprehensive Policy Plan and
land development regulations; and
WHEREAS, the City has validly adopted this Second Amendment to Development
Order for Lost Lake Reserve Development of Regional Impact ("Second Amendment") in order
to evidence its approval of the proposed amendment.
NOW THEREFORE, it is hereby Ordered and Resolved by the City of Clermont,
Florida City Council; that the Lost Lake Reserve DRI shall be subject to the following:
1. Development of the Lost Lake Reserve DRI shall conform to the ADA and the
conditions of approval set forth in the Development Order, as modified by this Second
Amendment. Development based upon this approval shall comply with all other applicable
federal, state and county laws, ordinances and regulations which are incorporated herein by this
reference.
2. The Development Order is hereby modified to add the following language to
Condition 24, adding a new subsection(e):
Mitigation for the widening of Johns Lake Road from the Elementary School to N.
Hancock Road, including bike lanes and sidewalks will be a single payment of$60,000,
the estimated proportionate share for the traffic impact resulting from the Lost Lake DRI
Phase II to project trips. The payment will be made in full within ten (10) days following
the approval by the City of this Amendment to the Development Order.
3. This Second Amendment, and any subsequent amendments to the Development
Order, shall be recorded by the Developer in accordance with Section 28.222, Florida Statutes,
with the Clerk of the Circuit Court for Lake County, Florida, at the Developer's expense,
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immediately after the effective date of this Second Amendment. The recording of this Second
Amendment shall not constitute a lien, cloud, or encumbrance on the Property, or actual or
constructive notice of any such lien, cloud or encumbrance.
4. The Developer, by executing this Second Amendment, acknowledges that this
Second Amendment and the Development Order are binding upon the Property, and that the
conditions of approval contained herein apply to and control all further development of the DRI
Property, and that the conditions of approval run with the land and are therefore applicable to
and shall be complied with by any subsequent purchaser, owner or assignee of any portion of the
DRI Property.
5. Development based upon this approval shall comply with all other applicable
federal, state and county laws, ordinances and regulations, which are incorporated herein by
reference, except to the extent the applicable laws, ordinances, and regulations are expressly
waived or modified by these conditions, or by action of the City Council.
6. This Second Amendment shall take effect upon transmittal by First Class
Certified U.S. Mail, return receipt requested, to the East Central Florida Regional Planning
Council and the Department of Economic Opportunity.
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ADOPTED and approved subject to the conditions set forth herein on this 27th day of
January, 2015.
CLERMONT CITY COUNCIL, a
.3 :� Municipality of the State of Florida
4, %.
Bp,A;Z,
, I,
Gail L. Ash, Mayor
ATTEST/
-, I' is4al/e/ i 0 J
AP
Tracy Ackroyd, MMC, City Clerk
STATE OF FLORIDA
COUNTY OF LAKE
The forgoing instrument was acknowledged before me thiday of a-ski_____ ,
2015, by GAIL L. ASH and TRACY ACKROYD, MAYOR and CITY C K,
respectively, of the CITY OF CLERMONT, FLORIDA, who are personally known to me
and they acknowledged executing the same freely and voluntanly under the authority
vested in them and that the seal affixed thereto is the true and corporate seal of the CITY
OFEetERMONT,,FLORID
—DAL)/ Signature
(- I ,\N 2621_&
Printed or Typed Name
Notary Public-State of Florida
My Commission Expires:
41.Or DANIEL F MANTZARIS
jr n Notary Public-State of Florida
1:, ' My Comm Expires Jul 2,2016
s Commission#EE 198813
��'+.•• ,,,,, Bonded Through National Notary Assn.
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