Contract 2019-92Electro I It. Recorded
Coun_ty
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PREPARED BY: Ref11
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Daniel F. Mantzaris, City Attorney Date 7 dQ
City of Clermont B
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332 N. Magnolia Ave.
Orlando, FL 32801 Akerman LLP
CLONTS GROVES, INC., DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into as of the day of &+c-),be r , 2019, between
THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St,
Clermont, FLORIDA 34711 (the "City"), and CLONTS GROVES, INC., a Florida Corporation, whose
mailing address is P.O. BOX 622916 OVIEDO, FLORIDA 32762-2916 (the "Owner"),
RECITALS
1. Owner desires to annex into the City of Clermont approximately 55.08 acres of property currently
located in unincorporated Lake County, Florida, described and depicted in Exhibit "A" attached to and
incorporated in this Agreement (hereinafter referred to as the "Property").
2. The Property contains 55.08 acres currently zoned "A" in unincorporated Lake County, Florida.
3. The Property contains 55.08 acres with a future land use designation on the Lake County Future Land
Use Map as "Lake County Wellness Way Area Plan 1."
4. Owner has filed applications for annexation and amendment to the City's Comprehensive Plan.
5, Owner has the full power and authority to make, deliver, enter into and perform pursuant to the terms
and conditions of this Agreement and has taken all necessary action to authorize the execution, delivery,
and performance of the terms and conditions of this Agreement.
6. The City of Clermont has determined that the proposal for development of the Property presents, among
other things, an opportunity for the City to secure quality planning and growth, protection of the
environment, and a strengthened and revitalized tax base.
7. The property is within the City's Chapter 180, Florida Statutes, utility district, and Developer has
requested and City desires to provide water and sewer as well as other municipal services to the
Property.
Owner and City believe that it is in the best interest of each party to enable the Property to be developed
as further described herein, in accordance with Part II of Chapter 163, Florida Statutes, the "Local
Government Comprehensive Planning and Land Development Regulation Act" (the "Act"), other
applicable Florida Law and the Charter and Code of Ordinances of the City of Clermont, Florida, and,
therefore, Owner and City agree that this Agreement shall constitute an Agreement in accordance with
the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida
Statutes.
ACCORDINGLY, in consideration of the mutual benefits and the public interest and other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
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Section 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by
reference, and form a material part of this Agreement. All exhibits to this Agreement are hereby deemed a
part thereof.
Section 2. Authority. This Agreement is entered into under the authority of the City's Code and under
the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida
Statutes.
Section 3. Conditions Precedent. Owner has filed an annexation petition and the City has initiated
the process to approve this Agreement and annex the Property in accordance with the laws of the State of
Florida. It is understood and agreed to by the City and the Owner that neither the annexation petition or
this Agreement shall be binding or enforceable as to any party unless and until: a) the City duly adopts the
Agreement and adopts an ordinance annexing the Property into the corporate limits of the City; and b) City
adopts a comprehensive plan amendment implementing or related to the Agreement after review by the
state land planning agency in accordance with the applicable Florida Statutes. The parties hereto understand
and acknowledge hat the City is in no way bound to annex the Property. The City shall have the full and
complete right to approve or deny Owner's Petition for Voluntary Annexation.
Section 4. Legal Description / Ownership. The Property has approximately 55.08 acres of land
property currently located in unincorporated Lake County, Florida, described and depicted in Exhibit "A"
attached. The Property is owned by CLONTS GROVES, INC., a Florida Corporation, whose mailing
address is P.O. BOX 622916 OVIEDO, FLORIDA 32762-2916.
Section 5. Duration of Agreement. The term of this Agreement shall commence on the date this
Agreement is executed by both the City and Owner and shall terminate ten (10) years thereafter; provided,
however, that the term of this Agreement may be extended by mutual consent of the City and the Owner,
subject to a public hearing, in accordance with the requirements of Section 163.3225, Florida Statutes.
Section 6. Development Uses. Except as modified in this Agreement or with a future Planned
Development zoning, which will be subject to City approval after public hearings and Florida Department
of Economic Development ("DEO") review and the City's Mixed -Use future land use category, and for as
long as this Agreement is in effect, the Property may continue to be used for agricultural purposes until
such time as rezoned to PUD in the City.
Anticipated Population. The anticipated population for the property with 600 multi -family
housing with 2.42 persons per household would equate to 1,452.
Building Intensities / Density. The allowed density shall be twelve (12) dwelling units per net
developable acre as deemed by the City of Clermont Land Development Regulations. Net
developable acres will be based on the total acreage less the greatest extent of the combined 100
year flood and wetland areas.
Retail Commercial Shopping Center. A Retail Commercial Shopping Center including, but not
limited to, commercial, retail, multi -family, and office uses consisting of one hundred fifty-two
thousand five hundred (152,500) square feet will be developed by Owner in accordance with the
City of Clermont Land Development Regulations.
Building Height. The maximum height for any building shall be fifty-five (55) feet
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Section 7. Required Public Facilities.
Water, Wastewater. and Reuse Water. Owner and their successors and assigns agree to
obtain water, reuse water for irrigation to supplement irrigation not available by stormwater water
retention areas, and wastewater service (hereafter, "Utilities") exclusively through purchase from
City. Owner covenants and warrants to City that it will not engage in the business of providing
such Utilities to the Property or within City's F.S. Chapter 180 utility district. Owner shall
construct, at Owner's expense, all on -site utility facilities (e.g. lift stations and lines), pay all
applicable impact and connection fees, and pay and construct or cause to be constructed the
extension of facilities from City's current point of connection and subject to the City of Clermont
Land Development Regulations. The timing of the required improvements shall coincide with the
development schedule to assure public facilities are available concurrent with the impacts of the
development. The Owner has been working with and will continue to work with the surrounding
property owners and the City to develop a plan for the provision of utilities to the Property.
Transportation. Owner and their successors and assigns agree to continue to work with the City
and the surrounding property owners in the development of the Wellness Way .Area Road Network
to serve the Property and improve connectivity for the surrounding properties. In addition, at such
time as may be requested by City, Owner shall pay for a traffic impact study by a traffic consultant
selected by City.
The Developer shall enter into a Transportation Impact Fee Credit agreement with Lake County
and the City of Clermont prior to site plan approval, subject to final approval by FDOT, Lake
County and the Lake -Sumter MPO. The Agreement may require the Developer to fund
improvements for Consery right-of-way, design and permitting of roadways and/or construction of
roadways for Transportation impact fee credits based upon the following priorities:
i. Payment in escrow to Lake County for the acquisition of the four lane right-of-
way from Consery for Wellness Way;
ii. Design and permitting of Wellness Way from US 27 to the Orange County line as
a four lane roadway;
iii. Construction of Wellness Way from Hancock Road to the Orange County line as
the first two lanes of the ultimate four lane roadway;
iv. Payment in escrow to Lake County for the acquisition of the four lane right-of-
way from Consery for Hancock Road;
v. Design and permitting of Hancock Road from Wellness Way to the northem
boundary of the Consery property as a four -lane roadway;
vi. Construction of Hancock Road from Wellness Way to the entrance of the Fuqua
project south of Hartwood Marsh Road as the first 2-lanes of the ultimate 44ane
roadway;
vii. Construction of the 3rd and 4th lanes of Wellness Way from US 27 to the
Hancock/Schofield intersection;
The Developer will. be responsible for their proportionate share of traffic signals, when warranted,
at the time of construction for intersections that serve the project, including Wellness Way. The
proportionate share shall be based upon the actual cost of traffic signals at the time they are
constructed.
Grading. Due to the grades and elevations on the site and the transition from one site to
another site, the necessity to construct a safe transportation network with proper site distances, and
geometry on the property to serve not only the needs of the residents, but those of the traveling
public, the City agrees to work with the Owner to achieve this purpose which may or may not result
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in a waiver of the City's current Code Requirements. Any such waivers or variances shall be
subject to approval in accordance with the City Code.
Section S. Dedication of lands for public purposes. The Owner shall dedicate lands for public
purposes as required in the Land Development Regulations of the City of Clermont and as determined by
City and without entitlement to compensation and/or impact fee credits. The Owner / Developer will
provide a minimum of open space on the Property as required by the City of Clermont Land Development
Regulations. Open Space is defined to include all areas maintained by the HOA or POA, 100 year Flood
Areas, Wetlands, Stormwater Ponds, and Buffer Areas. Within the Open Space the Owner will provide for
active recreation as required by the City of Clermont Land Development Regulations.
Section 9. Local Development Permits / Compliance with City Laws and Regulations Except
as expressly modified herein, all development of the Property shall be subject to compliance with the City
Land Development Regulations and City Code provisions, as amended, as well as regulations of county,
state, local, and federal agencies. Local permits needed shall include but in limited to:
Environmental. Owner will comply with all local, state, regional, and federal requirements
regarding any environmental issues affecting the Property.
Stormwater Management. The Owner agrees to provide at Owner's expense, a
comprehensive stormwater management system consistent with all regulatory requirements of the
City and the St. Johns River Water Management District.
Concurrence. A complete concurrency study conforming to the City of Clermont Land
Development Regulations will be required prior to any preliminary plat approvals or construction
plan approvals. The Owner shall ensure that all traffic concurrency studies conducted reflect all
planned and approved development in the area.
Section 10. Development Permitting. Owner agrees that all proposed development permitting will be
consistent with the City of Clermont's comprehensive plan and land development regulations. 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 said permitting requirements, conditions, terms or
restrictions.
Section 11. Public Health Safety and Welfare of Citizens The Owner shall establish a
Homeowner's Association (HOA) and/or a Property Owner's Association (POA) and initially be
responsible and thereafter the HOA or POA shall be responsible for the maintenance and operation of all
stormwater retention areas, stormwater ponds, common area landscaping, street lights, parks, community
centers, recreational areas, sidewalks, paths, pathways, and trails and any other improvements or facilities
for which maintenance has not expressly been assumed by City.
Developer shall delineate this responsibility within any declaration of restrictive covenants and restrictions
and in compliance with Chapter 720, Florida Statutes. Such covenants and restrictions shall be recorded at
the time of the final plat and prior to the sale of any lots within the Property.
Section 12. Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions, and. understandings between the parties hereto, and supersedes all prior
contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or
written, except as herein contained. However, the failure of this Agreement to address a particular permit,
condition, term, or restriction shall not relieve Owner/Developer from complying with the law governing
said permitting requirements, conditions, terms or restrictions.
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Section 13. Parks and Recreation Fees. Owner shall comply with all City regulations regarding
parks and recreation fees of the City of Clermont Land Development Regulations.
Section 14. Lighting. All exterior lighting shall comply with the criteria of dark sky standards and shall
be arranged to reflect light away from dwelling units to the greatest extent possible while providing lighting
adequate to ensure safety on road right of way.
Section 15. Landscaping/Buffers. To the greatest extent feasible, Developer shall use drought
tolerant species in all common areas. Developer has reviewed City's Land Development Regulations
relating to landscaping and agrees to comply with such regulations or as may be amended in the future.
Further, the Developer agrees to make specifications within any declaration of restrictive covenants for the
Property that landscaping installations provide for drought tolerant and low water consumption plantings
following the guidelines of "Florida Friendly Landscaping."
Section 16. Due Diligence. The City and Owner further agree that they shall commence all reasonable
actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the
existence of this Agreement.
Section 17. Enforcement/Effectiveness. A default by either party under this agreement shall entitle
the other party to all remedies available at law or as set forth in Section 163.3243, Florida Statutes.
However, both parties acknowledge that any land use or development provisions of this Agreement shall
not be effective or implemented unless and until the amendment to the City's comprehensive plan is found
in compliance by the DEO, as set forth in Chapter 163, Florida Statutes. No development orders will be
issued by City and no construction can occur until the necessary comprehensive plan amendment is adopted
by City and approved by DEO.
Section 18. Governing Law. This agreement shall be construed in accordance with the laws of the State
of Florida and venue for any action hereunder shall be in the Circuit Court of Lake County, Florida.
Section 19. Binding Effect, Assignability, This Agreement, once effective, shall be binding upon
and enforceable by and against the parties hereto and their assigns. This Agreement shall be assignable by
the Owner to successive owners. Owner shall, however, provide written notice to the City of any and all
such assignees. Within thirty (30) days of the execution of this Agreement, Developer shall record this
Agreement in the Public Records of Lake County, Florida, whereupon, the rights and obligations set forth
in this Agreement shall run with the land and be binding on all successors and/or assignees. Owner consents
to the placement of a claim of lien on the Property upon default of any obligation herein without precluding
any other remedies of City. The parties hereby covenant that they will enforce this Agreement and that it
is a legal, valid, and binding agreement.
Section 20. Waiver, Remedies. No failure or delay on the part of either party in exercising any
right, power, or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of
either party or any right, power, or privilege hereunder operate as a waiver of any other right, power,
privilege hereunder, nor will any single or partial exercise of any right, power, or privilege hereunder
preclude any other further exercise thereof or the exercise of any other right, power, or privilege hereunder.
Section 21. Communication Tower. The Owner agrees to remove the existing communication tower at
a specified time as determined by the City Council when the property is rezoned to a PUD.
Section 22. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
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Section 23. Notice. Any notice to be given shall be in writing and shall be sent by certified mail, return
receipt requested, to the party being noticed at the following addresses or such other address at the parties
shall provide from time to time:
As to City:
Gail Ash, Mayor
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
352-241-7358
Copy to:
Darren Gray, City Manager
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
352-241-7358
Daniel F. Mantzaris, City Attorney
332 N. Magnolia Avenue
Orlando, Florida 32801
407-992-3540
As Owner
Clonts Groves Inc.
Attn: W. Rex Clonts
P.O. BOX 622916
Oviedo, Florida 32762-2916
Copy to:
Akerman LLP
Attn: Cecelia Bonifay, Esquire
420 S. Orange Ave., Suite 1200
Orlando, FL 32801
407-419-8540
Section 24. Amendment. Amendments to the provisions of this Agreement shall be made by the
parties only in writing by formal amendment.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
Date: I D 22 2 - 201 q
Appro as to r
D tzaris, City Attorney
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
2,1
By: l Q
Name: CU L 1 1 5
As its:
Date: ID-ZZ! 2-01,R
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
50196352;1
Witnesses:
CLONTS GROVES, INC.,
A Florida Corporation
Name: W. Rex Clonts
As. its: President
Date:
STATE OF FLO#lDA •
COUNTY OF
The foregoing instrument was acknowledged before me this _� day of
2019, by W. Rex Clonts on behalf of Clonts Groves, Inc., a Florida Corporation. He is
personally known to me or has produced (type of identification) as
identification and (did/did not) take an oath.
Notary Public State of Florida
Cynthia D Blackwood
My Commission GG 149380
Expires 10/08/2021
Seal
L44--i �, &v�
Si ture of Notary Public
r A6 ,D • S14 ckwool
Typ or Print Name /� d
My Commission Expires:
Commission No. GG D
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EXHIBIT "A"
LEGAL DESCRIPTION:
ALL OF TRACT 44, A PORTION OF TRACTS 35, 36, 37, 39, 40, 41 ,45 AND 46, A PORTION OF
THAT CERTAIN UN -IMPROVED 30.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF
TRACTS 41, 44-46, 48 AND A PORTION OF THAT CERTAIN PARTIALLY UN -IMPROVED 30.00
FOOT PLATTED RIGHT OF WAY LYING WEST OF TRACTS 36 AND 45; SAID TRACTS AND
UN -IMPROVED RIGHTS OF WAY LYING WITHIN THE PLAT OF MONTE VISTA PARK FARMS,
AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA,
LYING EAST OF US HIGHWAY 27, SOUTH OF SCHOFIELD ROAD IN SECTION 21 TOWNSHIP
23 SOUTH, RANGE 26 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 21;
THENCE S89030'42"W ALONG THE NORTH LINT: OF THE SOUTHEAST 1/4 OF SAID SECTION
21, A DISTANCE OF 1424.92 FEET; THENCE DEPARTING SAID SOUTH LINE RUN S00°13'39"E,
A DISTANCE OF 48.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SCHOFIELD
ROAD (A VARIABLE WIDTH COUNTY MAINTAINED RIGHT OF WAY) AND THE POINT OF
BEGINNING; THENCE S89°30'42"W ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE
OF 1693.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY 27
ALSO KNOWN AS STATE ROAD 25 (A VARIABLE WIDTH RIGHT OF WAY PER FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FP NO. 238422 1 DATED:
NOVEMBER 8, 2005); THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY THE
FOLLOWING FIVE (5) COURSES AND DISTANCES: THENCE S29°58'09"W, A DISTANCE OF
87.46 FEET; THENCE N59"58'28"W, A DISTANCE OF 14.98 FEET; THENCE S29°56'43"W, A
DISTANCE OF 449.91 FEET; THENCE N59°59'46"W, A DISTANCE OF 4.97 FEET; THENCE
S29°56'22"W, A DISTANCE OF 68.87 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5579.01 FEET, A CENTRAL ANGLE OF
06056'55", A CHORD BEARING OF S26027'55"W AND A CHORD DISTANCE OF 676.18 FEET;
THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 676.59
FEET TO THE END OF SAID CURVE; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY
LINE RUN S67°38'24"E, A DISTANCE OF 469.15 FEET; THENCE S89°50'54"E, A DISTANCE OF
664.70 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 120°00'00", A CHORD BEARING OF S89°52'26"E
AND A CHORD DISTANCE OF 155.88 FEET; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 188.50 FEET TO THE END OF SAID CURVE; THENCE S89054'20"E, A
DISTANCE OF 724.09 FEET; THENCE N00°06'56"E, A DISTANCE OF 771.53 FEET; THENCE
S89053'03"E, A DISTANCE OF 337.15 FEET; THENCE N00°13'39"W, A DISTANCE OF 546.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING: 2,399,470 SQUARE FEET OR 55.08 ACRES MORE OR LESS.
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CLONTS GROVES, INC., DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into as of the 2-2- day of &4 p.b(9,r , 2019, between
THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St.
Clermont, FLORIDA 34711 (the "City"), and CLONTS GROVES, INC., a Florida Corporation, whose
mailing address is P.O. BOX 622916 OVIEDO, FLORIDA 32762-2916 (the "Owner").
RECITALS
1. Owner desires to annex into the City of Clermc.A approximately 55.08 acres of property currently
located in unincorporated Lake County, Florida, described and depicted in Exhibit "A" attached to and
incorporated in this Agreement (hereinafter referred to as the "Property").
2. The Property contains 55.08 acres currently zoned "A" in unincorporated Lake County, Florida.
3. The Property contains 55.08 acres with a future land use designation on the Lake County Future Land
Use Map as "Lake County Wellness Way Area Plan 1"
4. Owner has filed applications for annexation and amendment to the City's Comprehensive Plan.
5. Owner has the full power and authority to make, deliver, enter into and perform pursuant to the terms
and conditions of this Agreement and has taken all necessary action to authorize the execution, delivery,
and performance of the terms and conditions of this Agreement.
6. The City of Clermont has determined that the proposal for development of the Property presents, among
other things, an opportunity for the City to secure quality planning and growth, protection of the
environment, and a strengthened and revitalized tax base.
7. The property is within the City's Chapter 180, Florida Statutes, utility district, and Developer has
requested and City desires to provide water and sewer as well as other municipal services to the
Property.
8. Owner and City believe that it is in the best interest of each party to enable the Property to be developed
as further described herein, in accordance with Part Il of Chapter 163, Florida Statutes, the "Local
Government Comprehensive Planning and Land Development Regulation Act" (the "Act"), other
applicable Florida Law and the Charter and Code of Ordinances of the City of Clermont, Florida, and,
therefore, Owner and City agree that this Agreement shall constitute an Agreement in accordance with
the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida
Statutes.
ACCORDINGLY, in consideration of the mutual benefits and the public interest and other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
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