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FOR RECORDING USE ONLY
This Agreement, entered into by and between Tower Villages, Inc" whose address is clo Herb Smith,
P.O. Box 120989, Clermont, FL 34712, hereinafter sometimes referred to as "DEVELOPER" and the City 9f
Clermont, hereinafter referred to as CITY.
CFN 2004153702
Bk 02700 P9S 0376 - 379; (4P9S)
DATE: 11/18/2004 09:00:48 AM
JAMES C WATKINS, CLERK OF COURT
DEVELOPMENT AGREEMENT. LAKE COUNTY
Between RECORDING F S 35.50
THE CITY OF CLERMONT, FLORIDA, and
TOWER VILLAGES, INC.
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Related to and as part of the
CITY ACCEPTANCE AND APPROVAL OF ANNEXATION
OF CERTAIN REAL PROPERTY AS DESCRIBED BELOW
WITNESSETH
WHEREAS, the DEVELOPER has submitted to the CITY a request to annex into the City limits certain
. real property .Iocated in unincorporated Lake County and as more particularly described in
DEVELOPER~S annexation petition to CITY dated July 28, 2004; and.
WHEREAS, the DEVELOPER seeks to combine said property with real property currently located in the City of
Clermont so as to develop a project currently identified as East Clermont Village and as more particularly set forth
in the site plan attached hereto and incorporated herein as Exhibit "A"; and
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WHEREAS, Chapter 163.3220, Florida Statutes provides mechanisms, including Development Agreements which
allow for development permits to be subject ~o conditions of a development agreement, the strengthening of the
public planning process, encouraging sound capital improvement planning and financing, assisting in assuring
there are adequate capital facilities for the development, encouraging private participation in comprehensive
planning, and reducing the economic costs of development, all to insure compliance with adopted Comprehensive
Plans; and Land Development Regulations of the City of Clermont, Florida, and to secure future performance; and
WHERf;AS, the CITY finds it necessary to articulate assurances for the protection of the public health, safety and
welfare of the residents of the CITY, to ensure proper development of the PROPERTY, and protect the interest of
the owners of the PROPERTY; and
. . WHEREAS, the CITY does further find that the proposed development. is consistent with the CITY's
,'. comprehensive plan and land development regulations; and
WHEREAS, once fully annexed into the CITY, the CITY will provide all municipal services including water and
waste water to the property, the provision of which requires no new facilities be constructed by CITY; and
WHEREAS, DEVELOPER warrants and represents that it is the owner in fee simple of the PROPERTY and is
authorized to enter into this Agreement. .
NOW THEREFORE, the parties hereto do hereby agree, in consideration of the above, and the promises and
undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth below.
.
2. This Agreement shall apply and pertain to the real property more particularly described in Exhibit "B" attached
hereto and incorporated herein and referred to herein as the "PROPERTY":
3. DEVELOPER does hereby agree on behalf of itself and on behalf of the any, heirs, assigns, transferees,
beneficiaries, or property owner associations that the PROPERTY shall be developed in accordance with all
applicable CITY codes, laws and regulations and, specifically, the following zoning Classifications:
1
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;'
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.
Lots 2,'3 and 4, as currently depicted on. Exhibit:A" hereto, shall be developed in accordance with and
subject to the restrictions of CITY's .C-2 General Commercial Uses. classification as set forth in CITY
Land Development Regulations. ¡'"
Lots 1, 5 and 6 as currently depicted on Exhibit "An hereto, shall be developed in accordance with and
subject to the restrictions of CITY's . Professional Office Uses. classification as set for in CITY Land
. Development Reguia~ions,
It is expressly agreed that the above terms and conditions are based on. the referenced site plan. In the
event that the ~ite plan is revised or changed so as to reduce the size, change the configuration or add additional
lots tò the'site plan the terms of this agreement shall not apply.
/" 4. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the
DEVELOPER of th~ necessity of complying with the laws governing said permitting requirements, conditions,
terms or restrictions.
5. This Agreement shall, at DEVELOPER'S expense, þe recorded in the Public Records of Lake County and
shall remain in effect unless amended or terminated in accordance with applicable law. Therefore, it is expressly
agreed that the terms and conditions herein run with, appertain and" attach to the PROPERTY, as such this
agreement is binding on the Parties hereto, their heirs, personal representatives, successors, grantees and/or
assigns.
IN WITNESS WHEREOF, the CITY has executed this agreement on this"~ day Ofc~ /Je¡', 2004.
Signed, sealed and delive(ed
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In the prese~
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¡~ WITNESS WHEREOF, the Developer has executed this agreement on this ~ day ~f 0 ~
2004
Tracy Ackroyd, City Clerk
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(;rint na e) £¿.. ì 2-- ¡1Æ£T1I .A Ii£¿:~
By:
Signed, sealed and delivered
In the presence of:
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Exhibit "A"
East Clermont Village
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EXISTING F.D.O.T. 3.4-ACRE
WATER RETENTION AREA --
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- HIGHWAY 50
SITE PLAN
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STATEMENT OF INTENDED USE: -
COMMERCIAL BUILDINGS AND ASSOCJA.TED ACCESS ROADIPARKING.
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SURVEYOR: -
BENCHMARK SURVEYlNd &.
- MAPPING CONSULTANTS
P.O. BOX 711065
WINTER GARDEN, FL34777-1O65
(407) 654-6183 Fax (407) 654-6184
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GENERAl. NOmt
T. 11£ EJCIS11Nö tAIŒ CCUNTY ZDNNB DESIGNA noN IS AGRICUL 1UII\L (AI.
2. RIIIIIE WID USI5 DESlGNAnoN J1t tAICE CX>UNtY IS UA8AN WCI.
3. PROfOSëD iNID USE roBE COIIIIEJICIAL
4. DRAINAGE \MU. BE PRO\IIŒD W. DRY RE'ÆHI1ON OF 1><£ 2S-YEAR,
I&I«XØ 81t>RI.IlIILIZING ÐCFIL TRAtION JHAOUGH tYPE'" SOLS.
.. SOLS ARE CANDLER SAN> N ~ SLDÆS.
.. SUI'IEY PERFtRIED BY 8ENCHIMRK StIWE\'ING .... ..........
CCNSU.TANIS,
OWNERIAPPUCANT,
MR. HERB SMl'IH
UCENSlID BUILDING
CONTRACTOR fICBCO6Ol64
HERB SMITH CONSTRUCTION
P.O. BOX i20989
CLERMONT, PI. 34712
(352) 394-6639
ENGINEER: .
SHEFFIELD ENGINEERING &. ASSOCIATES
4322 ANDERSON ROAD
ORLANDQ, fL. 32812
M.P. BAHOR, P.E. - PRESIDENT
PH.407-658.o512 -
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Exhibit "B"
LAKE HIGHLANDS 28-22-26 TRACT 14 N OF HWY 50 RNV & N OF
WATER RETENTION AREA--lESS W 360 FT--PB 2 PG 28
ORB 2391 PG 119
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And;
BEG AT NW COR OF TRACT 16 LAKE HIGHLANDS SUB IN SEC
28-22-26, RUN S OODEG 20MIN 58SEC W ALONG SAID W LINE 489.57
FT TO N RMI LINE OF SR 50, N 89DEG 46MIN 13SEC W ALONG SAID
RNV LINE 155.74 FT, N OODEG 13MIN 47SEC E 218 FT, N 89DEG
46MIN 13SEC W 505.95 FT TO E LINE OF TRACT 14 OF SAID LAKE
HIGHLANDS SUB, N OODEG 12MIN 55SEC E ALONG SAID E LINE OF
SAID TRACT 14 A DIST OF 259.09 FT TO NE COR OF SAID TRACT
14, N 89DEG 09MIN 06SEC E 662.90 FT TO POB--lESS THAT PART
OF LAND lYING WITHIN 385 FT N OF THE SURVEY LINE OF SR 50,
SEC 11070 & W'l Y OF SURVEY STATION 1391+00, SAID SURVEY LINE
& SAID SURVEY STATION BEING DESCRIBED AS FOllOWS: BEG AT W
LINE OF SEC 28-22-26 & 1207.62 FT S OF NW COR OF SEC 28, RUN
S 89DEG 15MIN 10SEC E 1513.53 FT, S 88DEG 53MIN 40SEC E
2965.20 FT TO SURVEY LINE STATION 1391+00, THENCE CONT S
88DEG 53MIN 40SEC E 816.93 FT TO E LINE OF SEC 28, SAID
POINT BEING 4006.93 FT N OF SE COR OF SAID SEC 28 & END OF
THIS SURVEY LINE & lESS N 40 FT--
ORB 2391 PG 75
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