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2001-38 Prepared by & Return ~o: City of Clermont 4IÞ P . 0 . Box 1 2021 9 LINCOLN GROVES Ciermont, FL 3471.2-0219 REZONING IMPLEMENT A TI 0 N AGREEMENT . . TillS REZONING IMPLEMENTATION AGREEMENT (hereinafter called "the Agreement") is by and between the City of Clermont, Florida (hereinafter called "the City") whose address is 1 Westgate Plaza, Clermont, Florida 34711 and Highland Real Estate & Investment, Inc. (hereinafter called "the Developer") whose address is 1135 East Avenue, Clermont, FL, 34711, and is based on the following premises: WHEREAS, the City regulates land use within the corporate limits of the City through the implementation of it's Comprehensive Plan and Land Development Regulations; and, WHEREAS, the City Land Development Regulations allow for certain development to proceed pursuant to a Conditional Use Permit (CUP); and, WHEREAS, The Developer applied to the City for development approval of that certain real property (hereinafter called "the Property") described on Exhibit "A", attached hereto and by this reference made a part of this Agreement; and, WHEREAS, the City and Developer agree and aclrnowledge that the Property will be developed pursuant that certain rezoning of the Property approved by the City Council of the City on October 9, 2001 by Ordinance No. 437-M, conditioned upon certain matters being formalized in this Agreement; and, . WHEREAS, as part of the Developer's request and plan for development of the Property and as part of the development approval by the City, certain representations were made by the Developer at the public hearing which Developer and City desire to memorialize by incorporating said matters into this Agreement; and, WHEREAS, the Developer and the City agree that development standards for the Property are required and appropriate to articulate and specify the standards applicable to the Property in order to accommodate forty (40) acres of the Property as a church (to be ultimately approved following submission of a Conditional Use Permit for a church when a plan for the church use is finalized), and to allocate residential densities on the portions of the Property north and south of Hartwood Marsh Road. NOW THEREFORE BE IT AGREED as follows: 1. Recitals True and Correct. Each and all of the foregoing recitals are true and correct and constitute a binding portion of this Agreement relating to the Property . 2. Land Use Allocations on the Property. As a condition of approval of the R-l Residential District rezoning of the Property and to control overall density on the Property, the City and the Developer have agreed to the following land uses and densities on the Property: CFN 2001124233 Bk 02046 Pgs 2041 .TE: 12/26/2001 MES C. WATKINS, LAKE COUNTY RECORDING FEES 17.00 TRUST FUND 2.50 g.J Forty acres of the Property, located at the northwest comer of the parcel, south of Hartwood Marsh Road, are proposed for Church use, which will - 2044; ~P1Je ~ubmission of a request by a church for a Conditional Use Permit in 03:55:0Eu~rdance with the City's Land Development Regulations relating to CLERK OFc~. No residential units may be constructed on the northwestern 40 acres of the Property south of Hartwood Marsh Road now designated as church use. (1) 1111111111111 n 1111111111111111111111111811111111111111111 . . . .- . O.K 02046 PAGE 2042 :!ù R ential development on the remainder of the Property south of Hartwood . Marsh Road, excluding church property, shall be limited to a density of 2.2 units per acre, not to exceed 265 residential units. The Developer and the City agree that all residential units shall be at least 1,500 square feet under air, and that side setbacks shall be a minimum of nine (9) feet from the side lot line. çj Residential development on the portion of the Property north of Hartwood Marsh Road shall be permitted to a density of 2.8 residential units per acre with a maximum of fifty-six (56) residential units. 3. This Agreement is a Covenant Running with the Property. This Agreement shall be recorded in the Public records of Lake County, Florida, at cost to the Developer, and upon recording the ordinance rezoning the Property (Ordinance No. 437-M) shall be effective in accordance with the terms of said ordinance. This Agreement shall be a covenant running with the Property and shall bind the successors, assigns, heirs or vendees of the Developer. 4. Notice: Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested or by overnight delivery service, addressed to a party at the address set forth below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith: DEVELOPER: Highland Real Estate and Investment, Inc. Dale Ladd, President 1135 East Avenue Clermont, FL 34711 CITY: City of Clermont Wayne Saunders, City Manager #1 Westgate Plaza Clermont, FL 34711 With Copy To: City Clerk City of Clermont 5. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and ifthe intentions of the parties can continue to be effectuated. To that end, this Agreement is declared severable. 6. Non-Waiver. The failure of any party to insist upon any other party's compliance with its obligations under this Agreement in anyone or more instances shall not operate to release- such other party from its duties to comply with such obligations in all other instances. 7. Applicable Law and Venue. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any litigation between the parties shall be the courts of Lake County, Florida. (2) . . . 8. -~ O~DK 02046 PAGE 2043 En. Agreement. This Agreement constitutes the entire agreement between . the parties and has been entered into voluntarily and with independent advise and legal counsel and has been executed by the authorized representative of each party on the date written below. AGREED AND EXECUTED on the date first written below. ATTEST: CITY OF CLERMONT ~~ Harold S. Turville, Jr., Mayor 1/1 "Z-C1 { 0 I Date Teresa Studdard, Deputy City Clerk STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared IoU We \å. S-ruC'""; "to Tr. , pßrsonally known to me or who produced as identification, to be the pers~n described in and who executed the foregoing and that he/she acknowledged befor~e that he/she executed the same. Witness my hand and official seal this ~ day of~, 2001. el.SAS1IICIIAND i' .¡ NofayPublc-Slalltoffblda My eo. . ...... . ---Mart. 2IIIIS eo. ,....... 'CC98P1 '1 ~ÙQ ~~ Notary ublic ATTEST: mGHLAND REAL ESTATE & INVES MENT INC. ~~~ it! liD! . tate STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day, be re me, an officer <July authorized to administer oaths and take acknowledgments, personally appeared 1.(... LO\cl d , personally known to me or who produced as identification, to be the person described in and who executed the foregoing and that he/she acknowledged before me that he/she executed the same. Witness my hand and official seal this 2q~ d of \¡. ,2 ~~~~..: . TEF!I:&/-. ~~'~,-,¡"'!' _...... " (3) ..i_,_. ,", -. , O.OK 02046 PAGE 2044 . EXHIBIT" A" LEGAL DESCRIPTION The southwest quarter of Section 1 0, Township 23 south, Range 26 east, Lake County, Florida, less any road rights of way contained therein; AND The west one half of the southwest quarter of the northwest quarter of Section 10, Township 23 south, Range 26 east, Lake county, Florida, less any road rights of way contained therein. -~h.~.. . .