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2002-05 8t-- . . . I mi" oœ n iBlWIIII 001 01 1m 0 mo œ WI m WI 01 00 Imœ ¿.// CFN 2002027895 t/ I D f 6 ð Bk 02084 Pgs 1705 - 1712; (8pgs) DATE: 03/14/2002 01:44:43 PM JAMES C. WATKINS, CLERK OF COURT LAKE r:oUH1Y R£DJRO(HG fEES ~3.00 TRUST FUNJI 4.50 This Instrument Prepared by: Robert D. Guthrie, City Attorney Please Return To: Teresa Studdard, City of Clermont P.O. Box 120219 Clermont, FL 34712-0219 Site Impact Mitigation Agreement This Site Impact Mitigation Agreement (hereafter called "Agreement") is by and between the City of Clermont, a Florida municipal corporation, (hereafter called "City"), whose address is I Westgate Plaza, Clermont, Florida 34711 and The Right Site, Hnc., a Florida corporation hereafter called the "Developer"), whose address is 1370 Sarno Road, Suite A, Melbourne, Florida,32935, is based on the following premises: WHEREAS, the Developer proposes to develop and construct a car wash upon that certain real property described on Exhibit "A", attached hereto and by this reference incorporated herein; and, WHEREAS, the access to the Property is primarily from State Road 50 through a shared entrance with the abutting property immediately east of the Property; and, WHEREAS, another access to the Property is from Lakeview Drive, a street north of the Property that also serves residential land uses; and, WHEREAS, to allow access to the Property along Lakeview Drive while mitigating impacts on existing residential uses on Lakeview Drive, the Developer and representatives of the residents of Lakeview Drive entered into an agreement addressihg commitments by and concessions of the Developer relating to the commercial development on the Property; and, WHEREAS, the City conducted a public hearing on the future status of Lakeview Drive at which time representatives of the residents of Lakeview Drive and the Developer requested that the City enter into this Agreement and thereby become a party to that certain agreement entitled "Agreement Between the Right Site, Inc. (Owner)and the Homeowners and Residents of the Lakeview Heights Subdivision, Clermont, Florida (Homeowners)", attached hereto and marked Exhibit "B" and by this reference made a part hereof. NOW THEREFORE BE IT AGREED by and between the City and the Developer as follows: I. Each and all of the foregoing Premises are acknowledged as true and correct and constitute a part of this Agreement. 2. This Agreement shall constitute and be a covenant running with the land until either of the following conditions shall occur: (I) . OR. 02084 PAGE 1706 (a.) The Agreement is released by the mutual consent of the parties; or, . (b.) When properties north of the Property along Lakeview Drive and south of Almond Street have ceased to be used for residential purposes for a period of at least 181 days as certified in writing by the City of Clermont. 3. The Developer has appropriate land uses and zoning designations for C-2 permitted uses under the ordinances of the City and has an approved site plan for a car wash use, subject to fmal Site Review Committee approvals and compliance with the requirements of this Agreement. . 4. The Developer and representatives ofthe residents living on Lakeview Drive have entered into that certain agreement (hereafter called "Settlement Agreement") attached hereto and marked Exhibit "B". The City Council has examined and considered those certain provisions of that Settlement Agreement, and finds certain provisions of said Settlement Agreement to be appropriate and in furtherance of the public health, safety and welfare of the citizens of the City of Clermont. Therefore, the City Council hereby endorses and adopts certain of the commitments in said Settlement Agreement and specifically adopts those set forth herein below as binding conditions of development on the Property. Said conditions imposed by the City and agreed to by the Developer are set forth below and constitute obligations that the City may, in City's sole discretion, require Developer to fulfill or install or pay for at or before issuance of a building permit or a certificate of occupancy as City may direct. The requirements declared by the City Council to be appropriate site development conditions that serve as mitigating conditions of the commercial traffic on the residential area along Lakeview Drive and therefore are obligations of the Developer are: A. Developer shall install or escrow funds for the City to install (as directed by the City) one street light on the Lakeview Drive entrance to the car wash; B. Three (3) speed bumps may be required to be installed or paid for by the Developer on Lakeview Drive at locations required by the City to assure public safety along Lakeview Drive; C. Developer may be required to install appropriate traffic control signs and pavement markings to create a two-way or three-way stop intersection at Lakeview Drive and Almond Street: D. Developer shall be required to construct a six-foot tall masonry fence on the north property line in accordance with City Codes (excluding the areas adjacent to the retention area and the driveway access to the Property) as a sound and visual barrier to abutting residentially zoned or used properties along Lakeview Drive. The Developer shall maintain said wall in accordance with, and install landscaping along the wall, as required by City Code; (2) . . . . . OR. 02084 PAGE 1707 E. Developer shall be limited as to signage on Lakeview Drive to the signage permitted or allowed by City Code or a single sign no larger that twenty four (24) square feet, whichever amount of signage is the lesser; F. City reserves the right to require Developer to pay for installation of up to two (2) traffic speed control signs and up to two (2) traffic control signs notifying motorists of the residential nature or the fact that children are at play along Lakeview Drive; G. Developer shall install two (2) No Through Traffic signs, in compliance with uniform traffic control devices requirements, with one sign at the 7-Eleven store site entrance to the car wash (the Property) and the other at the exit from the car wash Property onto Lakeview Drive; H. Developer shall design and construct the entrance into the car wash so that the clearance height for the car wash bays will not be greater than twelve (12) feet; and I. On the Car wash Property, Developer agrees to install and maintain security cameras and signs prohibiting loud music and loitering on the Property in accordance with item 14 of the Lakeview Drive residents agreement. 5. The City and the Developer, and its successors, assigns and contract purchasers are bound by this Agreement and either may enforce said conditions set forth in Paragraph #4, above, through any available legal means. 6. Condition 2 of the Settlement Agreement is specifically modified to provide that the pre-existing obligation upon Developer to build the cul-de-sac at the south end of Lake view Drive where it abuts the Property shall be required by this Agreement on condition that the City obtains title to the required property, and gives written notice to the Developer to build the cul- de-sac with thirty (30) days of commencement of construction for the car wash project. If the City has not given notice for the Developer to build the cul-de-sac by the time set forth above, the Developer shall post a surety bond or cash equivalent in the amount of $12,824.00, which may be used by the City towards the cost of building the cul-de-sac. The City shall have 270 days to utilize the bond or cash to begin construction of the cul-de-sac. If the City fails to begin construction within 270 days, then the bond or cash shall be returned to the Developer 7. Nothing in this Agreement shall diminish, reduce or preclude enforcement rights by private parties of the Settlement Agreement between the Developer and residents of Lakeview Drive (Exhibit liB "). 8. This Agreement shall be recorded in the Public Records of Lake County, Florida, at cost to the Developer. (3) . . . . OR. 02084 PAGE 1708 DONE AND AGREED this iJI!!:-day of Jit A- u.p.,rý , 200 z.. CITY OF CLERMONT ~ arold Turville, Mayor ST: ,;.- , STATE OF Florida COUNTY OF Lake ACKNOWLEGMENT PERSONALL Y APPEARED, before me the undersigned authority, Harold Turville, the Mayor of The City ofClermon who is P. onally known to me. ~ -~ -ARC -. \-, """RESAS'tUDD ;~ ~ '" ISSION # CC948213 1/ I-"';'" M'f CQMM nI\,' \ ..... ""'PI"ES' June 25, 2w-. i~ . tJ' n. "","Unde,."ñ\A1S ", .. ondecI ThIU Motor¡ Pu~~ ~:.;" .~,......~ Notary Public ******************************** The Right Site, JIIIU~. ~~ By: .- 4#1. &7. AV£¿L. (Please Print Name & Title of Person Signing) A~~~' B: .~ - ~ Regina R. Tarrant Lowri$ (Please Print Name of Person Signing) ******************************** STATE OF ~oÍb..~Ov COUNTY OF ~).. ACKNOWLEGMENT PþR,SQNALL Y APPEARED, before me the undersigned authority~\~6 '~'-J.J-l' t~~~~ of The Right Site, Inc., who produced as iden "tication [ ] OR who is personally known to me ~. ~~~~~. REGINA R. TARRANT LOWRIE €w: . ~ MY COMMISSION # CC 886702 ~. EXPIRES: March 9, 2004 "'~ Bonded Thru Notary Public Unde!writers . . . . OR . 02084 PAGE 1709 AGREEMENT BETWEEN THE RIGHT SITE, INc. ("O'WNER") AND THE HOMEOWNERS AND RESIDENTS OF THE LAKEVIEW HEIGHTS SUBDIVISION, CLERMONT, FLORIDA ("HOMEO\VNERS") The Owner and Homeowners have entered into this Agreement to resolve the concerns of the Homeowners to the Owner's proposed carwash project. The Owner's agreement is conditioned upon the City defeating the proposed Ordinance which would deny access from I"akeview Drive to Owner's property and conditioned upon the Owner's parcel continuing to ~ . have a'ccess for the Owner and its customers to Lakeview Drive. The parties agree that to the extent that any item requires City approval, that the obligation of the Owner to take action is conditioned upon the City providing such approval. Based upon this Agreement, the Owner and the Homeowners oppose the proposed Ordinance which would deny access to Lakeview Drive for the Owner's property and jointly request that the City not pass the Ordinance. The parties contemplate that the Owner will enter into a Developer Agreement with the City containing the following tenns: 1. The Owner shall be entitled to develop its property into the proposed carwash which shall have access for the Owner and its customers to Lakeview Drive. 2. The proposed cul-de-sac on Lakeview Drive will not be constructed. 3. The Owner will install one street light at Lakeview Drive entrance to the carwash to illuminate the entrance into the carwash. 4. The Owner will install three speedbumps (entire width of roadway) on affected roadways with appropriate "drive-around" prevention devices installed. One speedbump at the exit of the carwash, one at the Lot 33/Lot 34 boundary line on Lakeview Drive, and one at the Lot 31/Lot 6 boundary line on Almond Street. F :\C LI ENTS\14l):!\3\agrc~m~nt.doc . . . . OR. 02084 PAGE 1710 5. The Owner will install stop signs and paint stop bars on Lakeview Drive at Almond Street in all directions making that intersection a 3-way stop. 6. The Owner will construct a six-foot tall block wall on the North property line of its property (excluding the areas adjacent to the retention area) as a sound and, visual barrier except where driveways exist. The wall to be maintained, kept graffiti free and painted annually ~ . 'in a neutral earth tone-color, if needed. The Owner will install plants to match existing plants along East property line from the Northeast comer for approximately 53 feet and along the North property line from the Northeast Corner to the drive (approximately 20 feet). 7. The Owner will install carwash signage on Lakeview Drive entrance to be limited to a 3 ft x 8 f sign in size, to be placed on the carwash building and not illuminated. No other signage will be placeçl on the wall along the North property line. 8. The Owner will install an appropriate green landscape and maintain the landscape on the outside expose of the sound barrier wall along the North property line. 9. The Owner will install two (2) "15 MPH Speed Limit" signs on Almond Street and Lakeview Drive south of Almond Drive. 10. The Owner will install two (2) "Slow - Children at Play" signs on Almond Street and Lakeview Drive south of Almond Street. 11. The Owner will install two (2) "No Through Truck Traffic Allowed" signs with one sign at the 7-11 entrance to the carwash facility and the other sign at the exit from the carwash to Lakeview Drive. 12. The Owner shall maintain the carwash in a neat and orderly manner and not allow rubbish to accumulate. F :\C UENTS\2492\Jiagrecment.doc . . . . OR . 02084 PAGE 1711 13. The Owner will redesign the entrance into the carwash bays so that the clearance height for the entrance will not exceed twelve (12) feet. 14. The Owner will provide security cameras for the carwash to record activities and will provide "No Loitering" and "No Loud Music" or similar signs at the carw?sh. 15. These requirements to be effective so long as the facility is operated as a carwash ,; , and shall be binding upon the Owner's successors and assigns. The Right Site, Inc. The Homeowners and Residents of Lakeview Heights Subdivision By Richard Keith, Jim Chambers and George Wood acting as a Committee appointed by the Homeowners and Residel1ts . :> . ; ~ ,-', Richard eith Th~' Attorney Ladd H. Fassett F: \C Ll ENTS\2492\3\agreementdoc . OR . 02084 PAGE 1712 . EY-ki bc' I- "11 I The quality of this image is equivalent to the quality of the original document. LEGAL- DESCRIFTION :1 . A PARerl. or LAN!) LYING NORTHERLY or THE NORTHr.RL Y RICH T -or -- WA Y 'INT or STATE ROAD NO, 50 AND WEST OF THE WEST RIGHT-OF -WAY LINE or GRAi'm HIGHWAY IN SECIION 3D, 10WNSHIP 22 sourH, RANGE 26 l:.ASI, LAKl:. COU!:IY, FLORIUA. BUNG DE SCRIHEU AS FOLLOWS: BEGIN A r A POIN I 5,00 FEET EAS T OF THE. SOU lHW[ST CORNER Of LO T Jr, AS SHOWN ON IHE PLAT or LAKE VIEW HEIGHTS SUBLJIVISION, SECTION ONl", AS R[CORDro 'IN PI.,II, T BOOK 12, PAGE 83, ör THf PUBLIC Rrr.ORDS or I AKr '::OUN ry, SAID POINT BEING ON THE SOUTH LINE or SAID LOT 36; THE~CE NOR TII 88'32'17' EAST ALONG SAID SOUTH LINE. A DISTANCE OF 126,00 FEll TO tHE. SOUIHLASI CORNE.R OF SAID LOI .36; THI NeE. SOUHI 1'7I'4.r' [AS I ALONG IHl Wf,ST liNE OF 1.01 I OF SAID LAKEVI[W HEIGHTS SUBDIVISION, A DISIANCl:. JF 66,00 FEU TO THE SOUTHWEST CORNlR OF SAID Lor 1; !HENCE NORTH 8tr32'1 r' [ASI, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE or U1.01 rn-T 10 THr SOUTHEAST CORNrR or SAID lOT 1; THENCE SOUTH 1'27'4,~" fAST, AlONG THE WEST RIGHT-or--WAY LINE or CRAND HIGHWAY. A DISTANCI m 149,04 ~f[f TO THE INTERSf.cnON WlIH THE NORTH RIGHI-O¡'-WAY LlNl OF SlArE ROAD NO. 50, SAID POINT OF IN1ERSI::CTlON B[lNG ON IHf- ~RC OF A CURVE CONCAVf NORTHERLY AND HAVING A RADIUS Of 8~19.Jl n f 1 AND A CHORD I:U:ARING OF NOR lH 8.3.04'52" W[S r; lHl:.NCE Wf_S n-RL Y AlONG ItiE Af<C or SAID CURVE AN[) ALONG SAID NORTHLRLY RlGlirnOF- WAY LINE, THROUed A CENTRAl ANGLE OF 0'56'47", AN AI~r. DISTANC[ OF 140,n rErr TO HIE POINT or TANG[NCY or Sl~ID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY RIGlil-O~-WA,( LINE, NORIH "~'02'20' WlSl. A l)ISIANCE 01 122./9 FLU; THII'JCI. UU'ARllf~G SAIl) RIGHT-OF-WAY IINl, RUN PARAllFL WIIH AND ~,(iQ Hli [A~r or 11,1. SOUlltLRI '( r.XIt:NSION OF" IHI WfS', liNt 01 AIORlS¡\ l) LOI -Sf), A DIS1ANCl or 159,81 FEET; IHLNCl: N 01"21'4j" W A l)ISIANCl m ~,oo II L I TO THE POINl or BEGINNING. LESS lHE [ASTLRLY 7.00 FTl r JìifRLOF, AIm. LOT .36 or AFOIŒSAID LAKl view HEIGH TS SUBDIVISION, SlC liON ON£., LESS llil. WI Slml '( 5,00 ITII. THFRf.OF, CONTAlrW.I(; 49,979 sour.RI:- FEET, BEING 1.141 ACRIS, MORI OR IlSS. "'..1 A(GIH A r Hi!" ~jOUTHW[ST CORNER or LOT :So AS 51-1OWf'¡ Of I lHI. PL;, I Of I ,\KI './n W HUGH IS SUUDIVISION, SLCllOfoJ 01,11, AS RlCOIWI ) HII'I AI 1!; (jK 1í1., I'ACI BJ 01 nil PUBLIC Rl.COFmS 01 I AKL COUfJIY, liORIDA; IlIíl,'..:¡ NOI7,"..U"W. 64,00 fLl1 10 THL NUIUtiWLSI COI~NU~ 01 ~l\iD LOI .36. IHLNCf NHH"J7'11"L ALONG THL NOIHHH'Ü Y lIOUN[)Aln 01 SAiD LOI :h, II. UISIANCI 01 ~_OO rrl r; TH[NGI OlPARIIN(; SAIl) NOR1I H~L ( UOUNLJM~Y. fWN, ~)I)I"LI'4.n, /:lJ81 fLU 10 A I-'UII~I (ir'l IHI". f~OI~IHU~I.'( I-<IGHI ')1 -Wf.'( LIN!" 01 '.) TA II' ROAD NO 50; THHICF N /,"0?'70"w, AI. ONG ";..'Il) I~I(;H I ()f- -. Wþ ( LlN!. /':-J /q I II I, tHI-_NC!: N.60"4H'~)4"W. MorJC SAIU 1~ICifl.-OI - WI,V liNt. f. DISIANCI 01 1U8G FLlI; IItLNCI r-J14'40'1~"W. AlONe, (",AID 1~IGH1 (;1 WAY IIHI, A DISIANCr. 01 14H./11 fill; IIII.M:I lJlPf.f~1Ir1(; >,\1[; RieHl Ot-WAY Llr-II, RUN NH8'j~"1/"I. l~q,:Jj ffl.' 10:' !'()INI orJ lb. WI<)lit~1 1~lc.;tll 01 WAY11I,¡ Of IAK~ VI~wDI<I\lI. It!t"NC! SO1"7¡'4.n, AjC)!.j(;')AID RICH I (JI WAY [II'J[, ^ DISIANCL or 64.00111'1; IItLtJCI NH8'j?'I."'¡, fqOt~C 'Sf,lf) I<;CIiI -OF.,wr,Y LINE., A DISTANCF 01 6000 f"fTl 10 ¡HI 1'0111] OJ HIGIIHJlNC cor" \J;,jj'NC 0,/1 t,CI~LS, MORl OR ll.~("), .~ . . .. " . " " ,'-. , " - .;' --.. ';':,. 7;';;.':, '::~:_;:"¿,~;~.~b , ,l,. -"- \\ f' ,..\ (. \.> \ .:' , ::',( ç: ie" '-'