2003-45
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11001 In 1m II n6111 DOl 86 01 01110 m 011 m 011 m 011 01 110 ID Dli I IDOl
CFN 2003165616
Bk 02475 Pgs 1951 - 1957; (7pgs)
DATE: 12/23/2003 03:34:06 PM
JAMES C. WATKINS. CLERK OF COURT
CITY OF CLERMONT DEVELOPER'S AGREEMENT
K2 DEVELOPMENT, LTD. LAKE COUNTY
RECORDING FEES 2'3,08
TRUST FUND 4,08
THIS AGREEMENT entered into and made as of the 27th day of May, 2003, by and between the
"CITY OF CLERMONT, FLORIDA" (hereinafter referred to as the "City"), and K2
DEVELOPMENT, LTD., a Florida Limited Partnership (hereinafter referred to "Developer").
... J
WITNESSETH
WHEREAS, the Developer warrants that it is the contract purchaser of the property described in
Paragraph 1 (one) below and the attached "Exhibit "A", and
WHEREAS, the Developer desires to facilitate the orderly development of the subject property, in
compliance with the laws and regulations of the City, and of other governmental authorities, and the
Developer desires to ensure that its development is compatible with other properties in the area and
planned traffic patterns; and
WHEREAS, it is the purpose of this Agreement to clearly set forth the understanding and agreement
of the parties concerning the matters contained herein; and
WHEREAS, additional conditions as defined by Resolution 1114 dated April 11, 2000 by the City
of Clermont are applicable to this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Ownership. The Developer represents that it is the contract purchaser of the following
described property (hereinafter referred to as the "Subject Property"):
Attached hereto as Exhibit "A"
2. Allowed Uses. Allowed uses for the Property shall be limited to those uses allowed in the C-2
zoning district, except the following, which shall be prohibited:
a. Auto, truck, boat, and farm and major equipment sales.
b. Manufactured housing, travel trailer and recreational vehicle sales.
c. Residential storage warehouses.
d. Adult entertainment and adult-related retail sales.
e. Industrial uses.
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OR BOOK 02475
PAGE 1952
f. Manufactured housing or Recreational Vehicle parks.
g. Any auto repair or tire, muffler sales, or similar uses, shall not have bay doors which open
facing US 27.
h, Convenience store/service station.
i. Any automotive supply store where sale of automotive supplies is the primary use.
In addition, any C-2 use that is conditional, will require a CUP.
3. Access. Access to the Property shall be as shown on the attached Preliminary Site Plan, Exhibit
"B", Lots 1-3 shall not have direct access to US 27, accept as already exists,
4, Access and Transportation System Improvements. All access and transportation system
improvements shall be provided in accordance with the City of Clermont Land Development
Code. A third lane will be constructed from the existing entry point of US 27, to the last entry
point of the property to the south.
5, Outparcels. Lots 1-3 shall meet all applicable City code requirements,
6. Cross-Access Requirements. Cross-access shall be provided between Lots 1-3.
7. Hours of Operation. The hours of operation shall be between 6:00 am and 12:00 am, therefore
no 24 hour operations shall be allowed on the site, Truck deliveries shall be prohibited between
the hours of 12:00 am and 5:00 am and be discouraged between 11:00 pm and 7:00 am. The
hours for garbage pickup shall be between 7:00 am and 10:00 pm.
8. Lie:htine:. Rear site lighting poles shall be no greater than 25 ft. in height and include directional
shields or lenses to contain the lighting "onsite".
9. Recordine: and Effective Date. Conditioned upon the recordation of a deed of conveyance to
the Developer of the Subject Property in the official records of Lake County, Florida, this
Development Agreement and all subsequent amendments shall be filed with the Clerk of the
Court of Lake County, Florida, and recorded following execution of the document by the City
Council, in the Official Records of Lake County, Florida. One copy of the document, bearing
the book and page number of the Official Record in which the document was recorded, shall be
submitted to the City of Clermont. The date of receipt of this document by the City shall
constitute the effective date of the agreement. The applicant shall pay all legal and filing costs
for recording documents.
10. Lot Line Deviations. Lots 1-3 may be combined, or the respective lot lines may be adjusted
between such lots, by recordation in the public records of Lake County, Florida, of a Unity of
Title or Lot Line Deviation form, or other such similar process as approved by the City Site
Review Committee, without requirement for replatting; provided, however, no additional lots
may be created by this process. Further, all lots created must conform to City standards, and
nothing herein shall waive any lot size requirements, setbacks or landscaping requirements
contained in City regulations.
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OR BOOK 02475
PAGE 1953
11. Landscape Buffer Easement. Outparcels 1-3 shall have a 20 foot landscape buffer, along
US 27 established in an easement.
12. Sie:nae:e. All signs on Lots 1-3 shall conform to such ordinances and regulations in effect at the
time of sign permitting with the exception that all freestanding signs shall be monument signs as
called for in the pending sign revision ordinance.
13. Wall. Property abutting the residential lots to the East will have a six ft. high wall similar to the
property to the south approximately 10 feet to the west of the subject property line.
14. Water and Sewer (if applicable). Service will be extended to the northwest comer of the
property along US 27.
15. Compliance. The Developer agrees that it, and it successors and assigns, will abide by the
provisions of this Agreement and the City's Land Development Code, including but not limited
to, the site plan regulations of the City existing as of the date of this Agreement, which are
incorporated herein by reference. Further, all required improvements, including landscaping,
shall be continuously maintained by the Developer, or its successors and assigns, in first class
workmanlike fashion so as to present a pleasing appearance and to ensure compliance with the
City's Land Development Code.
16. Other City Approvals and Permits. The approval and execution of this Agreement by the City
does not exempt the Developer of the Subject Property from obtaining any and all other permits
necessary to obtain a Development Order and Building Permits for the development of the
Subject Property.
17. Captions. The captions used herein are for convenience only and shall not be relied upon in
constructing this Agreement and Grant of Easement.
18. Bindine: Effect. This Agreement shall run with the land, shall be binding upon and inure to the
benefit of the Developer and its assigns and successors in interest, and the City and its assigns
and successors in interest. This Agreement is conditioned upon the Developer closing on the
Property and upon recordation of a deed of conveyance to Developer or its successors or assigns.
Upon recordation of this deed, this Agreement shall be recorded in the Public Records of Lake
County, Florida. The Developer agrees to pay the cost of recording this document in the Public
Records of Lake County, Florida, and shall reimburse the City for the cost to prepare this
Agreement. This Agreement does not, and is not intended to, prevent or impede the City from
exercising its legislative authority ~s the same may affect the Subject Property.
19. Severability. If any part of this Developer's Agreement is found invalid or unenforceable in any
court, such invalidity or unenforceability shall not affect the other parts of this Developer's
Agreement, if the rights and obligations of the parties can be affected. To that end, this
Developer's Agreement is declared severable.
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OR BOOK 02475
PAGE 1954
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IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the day
and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
DEVELOPER:
;J;,/1l¿ (, Ø?fL£/JTC/L,
Print or type name
~ /~~~
Signature of Witness #2
-~ G. FK-~V\4V'J-YI)
Print or type name
I>
Stephen B, Kelly, Pre ident
K2 Development, Ltd.
a Florida Limited Partnership
By Its General Partner
K2 Development, Inc.
a Florida corporation
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STATE OF FLORIDA
COUNTY OF L4Kf..-
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OR BOOK 02475
PAGE 1955
The foregoing instrument was acknowledged before me this :J,,1~~ay of DEe, ,2003, by
Stephen B. Kelly, on behalf ofK2 Development, Ltd., who is personally known to me or who has
producedf'L ~ j(- t¡ptJ - 71 r? -SL( ~ / (.. ~ t) identification and who did (did not) take an oath.
rf ¡1. Jt~
~ ature
~- Mailing Address: City of Clermont
PO Box 120219
Clermont, Florida 34712-0219
STATE OF FLORIDA
COUNTY OF LAKE
~i~~~ JANE C, MCAWSTER
È*: "i!Ã'\.;-. MY COMMISSION # DD 150869
~.A~¡ EXPIRES: September 18, 2006
"'~iff.,~~- I!ondod 1hru Notary Public UnderwriteIs
. ~ø'~~
aro d S, Turville, Jr" Mayor
Date:
/=V-r J
Thr ~o,:gqins inslrun)ep~ was acknowledged before me this :)3 day of ~ ' 2003,
bY{;JftLJl.ll!. 5 ,--VJ"/¡ 1,,-< , City Clerk of the City of Clermont, Florida, who are
personally known to me and they acknowledged executing the same freely and voluntarily under
authority vested in them and that the seal affixed thereto is the true and corporate seal of the City
of Clermont, Florida. """~"""
~ ...~,-"".~ Lisa Howard
~. t: , ~~:1 MY COMMISSION # 00208606 EXPIRES
- ~';:'" May t. 2007
". BONDEDTHRUTROVfAININSUIlANC~ INe.
Ignature .
(Notary Seal)
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OR BOOK 02475 PAGE 1956
EXHIBIT" A"
Legal Description
A PARGEL OF lAND LYING WITHIN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 26
EAST. LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
FROM ~HE SOUTHWEST CORNER OF TRACT nAil, WHITEHALL AT KINGS RIDGE
PHASE (III AS RECORDED IN PLAT BOOK 44, PAGE 73-74, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA; SAID WHITEHALL PHASE III BEING A PARTIAL REPLAT
OF WHI;EHALL AT KINGS RIDGE PHASE I AS RECORDED IN.PLAT BOOK 40, PAGE
75-77, pUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN
N18°22'3611W ALONG THE WESTERLY LINE OF TRACT JAil A DISTANCE OF
150.49 ~FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING A
POINT ON THE CENTERLINE OF WINSLEY STREET THAT IS N18 °22136"W 30.00
FEET FROM THE MOST WESTERLY CORNER OF LOT 814, OF THE ABOVE
MENTIONED WHITEHALL AT KINGS RIDGE PHASE I; THENCE CONTINUE
N18°22136"W 30.00 FEET TO THE SOUTHWEST CORNER OF LOT 815, OF
WHITEHALL AS KINGS RIDGE PHASE I; THENcE ALONG THE WESTERLY
BOUNDARY OF SAID PLAT THE FOLLOWING COURSES: N18 °2213611W 375.21
FEET; T~ENCE N89°41141 JW 122.67 FEET; THENCE N18°221361W 93.04
FEET; TO THE SOUTH LINE OF THE N « OF THE NW 1/4 OF SECTION 9; THENCE
DEPARTING SAID PLATTED BOUNDARY RUN N89°34130"W ALONG SAID SOUTH
LlNE'H18.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 27; THENCE ALONG SAID RIGHT-Of-WAY LINE WITH THE FOLLOWING
COURSES: 818°22136"E 362.00 FEET; THENCE 871 °37124'W 5.00 FEET;
THENCE S18°22'36I1E 240.44 FEET TO A POINT THAT BEARS S71 °3711611W
FROM THE POINT OF BEGiNNING; THENCE DEPARTING SAID RIGHT-Of-WAY LINE
RUN N71 °3711611E 399,90 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN
EASEMENT FOR INGRESS AND EGRESS PER OFFICIAL RECORDS BOOK 1670,
PAGE 1715, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
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EXH/ð/T \\[3//
OR BOOK 02475
PAGE 1957
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PUBLIX