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Contract 2021-045A#2021-045-A GH RESIDENTIAL LLC, COMMUNITY BENEFIT AGREEMENT THIS AGREEMENT is entered into as of the llth day of May 2021, between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and GH RESIDENTIAL, LLC, a Florida Limited Liability Company, whose mailing address is 1200 Oakley Seaver Drive, Suite 203, Clermont, Florida 34711 (the "Owner"). RECITALS Owner desires to develop approximately 0.31 acres of property currently located in the City of Clermont, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). 2. The Property is currently zoned Central Business District "CBD." 3. Owner has filed an application for a rezoning to Planned Unit Development "PUD" for a mixed -use residential and commercial project. 4. Owner has requested a density bonus in the project above the permitted 25 residential dwelling units per acre. 5. Owner's application for PUD zoning indicates a residential density of 32.5 residential dwelling units per acre. 6. Section 122-249 in the City's Land Development Code, Density Bonus Criteria, requires the Owner to provide Density Bonus Elements in order to be considered for an increase above 25 dwelling units per acre. 7. Owner has elected the Density Bonus Element of Public Parking as the justification for the density bonus. 8. In order to receive the density bonus, the Owner will be obligated to fully fund the costs of nine (9) public parking spaces along West Minneola Avenue as shown on Exhibit B: 3-23-21 Community Benefit Purchased Parking. The cost of these spaces has been determined by the City to be $29, 286.00 (Twenty -Nine Thousand, Two -Hundred and Eighty -Six Dollars). The costs include and are not limited to: surveying engineering, and construction and any other costs associated with the installation of these spaces. 9. Owner acknowledges that the City will install the nine (9) public parking spaces at the time of the City's streetscape project, which is anticipated to commence by September 27, 2021. 10. Owner shall pay the City in full within sixty (60) days from the date of the execution of this agreement to ensure delivery and satisfaction of the Community Benefit Agreement. Failure to timely pay the obligation shall render the density bonus null and void. 11. Owner understands the nine (9) parking spaces are not exclusive to the use of the proposed development and that they will be available for use by the public with no limitation and may be used by the City for any lawfully permitted activity within the public right-of-way, such as special events or other temporary use. 12. 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. 13. The City of Clermont has determined that the proposal for development of the Property represents, among other things, an opportunity for the City to secure quality planning and growth and a strengthened and revitalized tax base in the CBD. 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: 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. Leeal Description / Ownership, The Property has approximately 0.31 acres of land currently located in the City of Clermont, Lake County, Florida, described and depicted in Exhibit "A" attached. The Property is owned by GH RESIDENTIAL, LLC, a Florida Limited Liability Company, whose mailing address is 1200 Oakley Seaver Drive, Suite 203, Clermont, Florida 34711. Section 3. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Section 4. Amendment. Amendments to the provisions of this Agreement shall be made by the parties only in writing by formal amendment and shall be presented and approved by City Council. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. Attest: City Clerk City Attorney CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By: VJ[t Name: 1 fY\ Urf- �- { As its: Q r Date: 2 `� tj�:�� Witnesses: Name: % -4 e, STATE OF FLORIDA COUNTY OF Q GH RESIDENTIAL, LLC, A F1 M. flt�am As its: Mana er Date: The foregoing instrument was acknowledged before me this 19, day of 3 4 2021, by Mark J. Graff on behalf of GH RESIDENTIAL LLC, a Florida Limited Liability Company. He ' sonaiiy�o me or has produced (type of identification) as identification and (did/did not) take an oath. `ram d� �T er Signature of Nbtary Public ASH LEYC. CORRIVEAU G n .; MY COMMISSION # HH 080124�� Wei • b [ : .or: EXPIRES: Match 8, 2025 ewAW rnu Notary Public Undewricers Type or PrAt Name My Commission Expires: < 0 q,I Commission No. ii +� o0OI2'1J 3 EXHIBIT "A" LEGAL DESCRIPTION: The South 30 feet of the West 1/2 of Lot 13, the West 1/2 of Lot 14, the South 30 feet of Lot 15, and all of Lot 16, Block 93, THE CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. AK 1615135 0.31 +/- Acres EXHIBIT `B" r r Jjr r — 9spaces x $3,254 = $29,286 w r PR�PC3SED z SITE w LOCATION Q TKF - w I 4