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2003-19 . . e. . Upon recording return to: Department of Planning City of Clermont P.O. Box 120219 Clermont, Florida DEVELOPER'S AGREEMENT FOR DEVELOPMENT ACTIVITIES RELATED TO THE BRASHER PARCEL This DEVELOPER'S AGREEMENT FOF\v¡- ~ð COMMERCIAL DEVELOPMENT ("agreement") is entered this ~1+l day of ~~ 2003, by and between Mary B, Brasher, and City of Clermont, Florida, a political subdivision of the State of Florida ("City of Clermont") WITNESSETH WHEREAS, Mary B Brasher is the fee simple owner of the real property located in the City of Clermont on the north side of State Highway 50, and more particularly described as Lake Highlands Tract 10 and incorporated herein by this reference (the "Property"); and WHEREAS, 'The City of Clermont annexed the property on October 9, 1990; and WHEREAS, The City of Clermont granted a Future land Use designation of Residential Professional on August 1991 ;and WHEREAS, The City of Clermont granted a residential zoning of Urban Estate (UE) on August 1991; and WHEREAS, The applicant is requesting a commercial district zoning to allow retail sales and service needs of the community; and WHEREAS, The City of Clermont granted a Small Scale Amendment to change the Future land Use Designation to Commercial; and WHEREAS, The City of Clermont granted C-2 Commercial District Zoning on May 27,2003, WHEREAS, the property owner desires to commence development. WHEREAS, in order to facilitate the Proposed Development, the parties desire to clarify the required development parameters for the parcel. aö65-1~ WHEREAS, Florida Statutes, Section 163.3220 authorizes local governments to enter into development agreements . NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1. 2. RECITALS. FINDINGS, It is hereby agreed that: Allowed uses for the property shall be limited to those uses allowed in C-2 district, except the following, which shall be prohibited: Automotive service stations; convenience stores and gas stations; automobile, truck, boat and farm equipments sales; major equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales; residential storage warehouses, 3, DEVELOPMENT TERMS. a. The City of Clermont will make available water and sanitary sewer to serve the site. The cost of connection to existing water and sewer lines shall be borne by the developer. . b. The property owner shall dedicate up to forty (40) feet of right-of- way for the construction of a reverse frontage road on the north property line the length of the subject property. The amount of right-of-way to be dedicated will be based upon the amount dedicated by other property owners along the roadway route. Right-of-way dedication shall be provided prior to any construction or development activity on the site. If it is determined in the future that the right of way dedication is not needed, City staff may relieve the property owner or developer from this requirement. . . c. Development of the property shall be subject to completion of the City's commercial subdivision platting process, lots may be combined, or the respective lot lines adjusted between such lots, by recordation in the public records 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 p age number a f the Official 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. d. Cross access shall be provided to the property to the west in order to share a planned driveway from S.R. 50 into the Citrus Tower Commercial Center. e. Any development of this property shall include driveway access to the planned frontage road, f. All development shall be in accordance with Federal, State and City Codes and Ordinances. The failure of this agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing permitting requirements, conditions, terms or restrictions, . 4. DEFAULTS, In the event of default by any party hereunder, the non-defaulting parties shall have the right to pursue any and all remedies available to them either at law or in equity, or otherwise, 5. BINDING EFFECT. This agreement shall be binding upon and inure to the benefit of the Developer and the City and their respective successors and assigns, The terms and conditions of the Agreement shall burden, benefit and shall run with title to the Property, 6. ENTIRE AGREEMENT This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matters addressed herein. 7, AMENDMENTS TO AGREEMENT No modification, amendment or alteration or the terms or conditions contained herein shall be effective or binding upon the parties hereto unless the same is contained in a written instrument executed by the parties, with the same formality. . . . . . . 8. RECORDING. This agreement shall be recorded in the public records of Lake County, Florida within 14 days after signatures of agreement and record the agreement with the clerk of the circuit court, A copy of the recorded agreement shall be submitted to the state land-planning agency within 14 days after it is recorded, 9. MISCEllANEOUS, Effectiveness: This agreement shall not become effective until 31 days after adoption of the Small Scale Amendment. If challenged within 30 days after adoption, small scale development amendments s hall not become effective until the state land planning agency or the Administrative Commission, issues a final order determining the adopted small scale development amendment is in compliance. FindinQ. The development as permitted by this agreement is consistent with the City of Clermont's Comprehensive Plan and land Development Regulations. AssiQnment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Witnesses: ~. Print Name: LLu ~ n1.tí/1 :dtlM. ~ ~Name: Jif£J~ ' 'e.\d Mary Brasher BY~~~ Name: /Iì/iRC¡ 8£.4S"IIE~ Title: OW Nt: IJI Attest a~ and Fo~ ~ By: ~.. ~ City Attorney CITY OF CLERMONT, FLORIDA ~nt- . . . ~. State of Florida County of Lake The foregoing instrument was acknowledged before me this.:3 ð day Of~././~<- ,20 O~ by, whom I personally know or who had prJ?uced Ì).L Bb)'6~!è~-)f{~<?5oG- D , as identification and who did ~ or did not take an oath, (SEAL) ma (/ u : v4~ Notary Public (Si nature) 'G)1/J IY),lÎ ¡¡ U G+I 1£ SO : -" Print or Type Notary Name ~-'" - - " Commission (seal) Numb.ir-~"' 0 ~'- ~ My Commission Expires: 3",::?:j.OD,S" -