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Ordinance No. 2022-033
INSTRUMENT#: 2023004236 OR BK 6078 PG 1990 PAGES: 27 1/12/2023 10:38:02 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $231.00 4: CITY OF CLERMONT ORDINANCE NO.2022-033 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1. The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property (the "Property"): LEGAL DESCRIPTION: LEGAL DESCRIPTION: A PORTION OF SECTION 21 TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING EAST OF US HIGHWAY 27, SOUTH OF SCHOFIELD ROAD LAKE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 21; THENCE S89°30'42"W W ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 21, A DISTANCE OF 1424.92 FEET; THENCE DEPARTING SAID SOUTH LINE RUN S00013'39"E, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF E, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SCHOFIELD ROAD (A VARIABLE WIDTH COUNTY MAINTAINED RIGHT OF WAY); THENCE CONTINUE S00° 13'39, A DISTANCE OF 87.00 FEET TO THE POINT OF BEGINNING; THENCE S89°30'42"W ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1735.91 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 3.93 FEET; THENCE N59°58'28"W, A DISTANCE OF 14.98 FEET; THENCE. S29°5643"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 06°56'55", 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 S67038'24"E, A DISTANCE OF 469.15 FEET; THENCE S89050'54"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 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1991 PAGE 2 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 CHORD BEARING OF S8905226"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 S89°54'20"E, A DISTANCE OF 724.09 FEET; THENCE N00006'56"E, A DISTANCE OF 771.53 FEET; THENCE S89°53'03"E, A DISTANCE OF 297.15 FEET; THENCE N44056'39"E, A DISTANCE E, A DISTANCE OF 56.40 FEET; THENCE NOW 13'39"W, A DISTANCE OF 433.99 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,275,197.41 SQUARE FEET OR 52.23 ACRES MORE OR LESS. LOCATION: 2 miles south of Hartwood Marsh Road, East of US 27 at the Schofield Road intersection Alternate Key 1462436 La ke Louisa �o zb �a i� r =1 PROPERTY REZONING Rezone the Property from Urban Transition to Planned Unit Development (PUD) for multi -family use and commercial use SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) is to allow for a multi -family residential Planned Unit Development along with future C-2 General Commercial uses: 1. The conditions as set forth in this PUD shall be legally binding upon any heirs, assigns and successors in title or interest. INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1992 PAGE 3 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 2. The Property shall be developed in substantial accordance with the PUD Conceptual Plan prepared by Poulos & Bennett dated December 14, 2022 attached hereto as Exhibit A (the "PUD Conceptual Plan'). Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City's Information Technology Director will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. SECTION 3: LAND USES AND SPECIFIC CONDITIONS: 1. As a result of the Development Agreement entered into by the City of Clermont and Clonts Groves, Inc., dated October 22, 2019, and recorded in Official Records Book 5409, Page 1579, Public Records of Lake County, Florida (the "Development Agreement"), a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, the Property shall have a density of twelve (12) dwellings units per net acre. Notwithstanding the foregoing, the Development Agreement allows for 600 multi -family units on the Property and Parcel 1 will have 330 multi -family dwelling units regardless of the acreage of Parcel 1 and the balance, 270 multi -family dwelling units, will be on Parcel 2. 2. The Future Development Parcel (Parcel 2 as identifed in the PUD Conceptual Plan), in accordance with the Development Agreement, may have (i) up to one hundred fifty-two thousand five hundred (152,500) square feet of commercial, retail and office uses, and (ii) 270 multi -family dwelling units. The owner/developer of Parcel 2 shall have the right to apply to the City for an amendment to this PUD in order to, among other things, convert, as needed for the owner/developer's proposed development of Parcel 2, some or all of the foregoing land uses to other land uses on Parcel 2; provided that the impacts of those proposed land uses do not exceed the impacts of the land uses and densities set forth hereinabove. 3. All terms, conditions and provisions of the Development Agreement are incorporated into this Ordinance; provided, however, to the extent of a conflict between this Ordinance and the Development Agreement, this Ordinance shall control and prevail. 4. Phasing of Development: The Property, and each Parcel therein, may be developed in one or more phases. Development of 330 multi -family dwelling units on Parcel 1 shall be Phase 1. Development of up to 75,000 square feet of medical office on Parcel 2 shall be Phase INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1993 PAGE 4 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 2, and development of up to 77,500 square feet of commercial, retail and offices and the development of 270 multi -family units, subject to the limitations and provisions of this PUD, as aforesaid, shall be Phase 3. The project on Parcel 1 may have a maximum cut of up to 35 feet over 17% of the multi- family area, as indicated on the Clonts Groves PUD Cut/Fill Exhibit attached hereto as Exhibit C. These changes will be submitted to the City Engineer at the time of final engineering of Parcel 1. 6. The project on Parcel 1 may have a maximum fill of up to 12 feet over .5% of the project area, as indicated on the Clonts Groves PUD Cut/Fill Exhibit. These changes will be submitted to the City Engineer at the time of final engineering. 7. Development Standards for Parcel 1 shall be consistent with Section 2.1.3 (c) Multi -Use District Development Standards, except as otherwise set forth in this PUD. 8. Retaining wall heights up to 8 feet in height are allowed to deal with grading on the site. 9. Development shall meet the City of Clermont Land Development Regulations, unless otherwise specified within this PUD. 10. An environmental assessment addressing habitat and species for Parcel 1 shall be submitted to the City during the construction plan approval stage for the development on Parcel 1. An environmental assessment addressing habitat and species for Parcel 2 shall be submitted to the City during the construction plan approval stage for the development of each phase on Parcel 2. Applicable permits for any gopher tortoises and associated burrow commensal species or other endangered species found on the Property must be received from the appropriate regulatory agencies prior to the initiation of the development activity. 11. School concurrency shall be met before final site plan approval on Parcel 1 in accordance with the Comprehensive Plan and Land Development Code. 12. This PUD shall become null and void if substantial construction work on either Parcel 1 or Parcel 2 has not begun within two (2) years of the date that this Ordinance No. 2022-033 has been formally adopted by the City and all appeal periods have expired. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion of construction. 13. Trash compacters may be substituted for dumpsters on the Property if the applicant can demonstrate it can sufficiently meet the waste demands for the proposed project, subject to City Manager approval, or designated staff. Solid Waste and Recycling collection service shall be provided by a private vendor. City does not provide service to large Multi -family developments. 14. The final architectural design shall be reviewed during the site review process for each Parcel. The design shall meet the City of Clermont Architectural Standards, adopted INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1994 PAGE 5 of 27 CLEI dU.rgNr-1�••. CITY OF CLERMONT ORDINANCE NO.2022-033 October 23, 2007, or as amended. The Developer of Parcel 1 has provided general elevations, as shown in Exhibit D, and the project shall be designed closely to resemble these elevations. 15. The owner/developer of each Parcel shall enter into a Proportionate Share Transportation Impact Fee Credit Agreement (the "Agreement") with Lake County, Florida (the "County") prior to the issuance of any site development or building permit on their respective Parcel; provided, however, notwithstanding the foregoing, if required by the City and/or the County that there should be a single Agreement for the Property that includes the development of Parcel 1 and Parcel 2, the owner/developer of Parcel 1 and the owner/developer of Parcel 2 shall work together in good faith and with reasonableness in order to achieve and satisfy such requirement. Among other things, the Agreement will require the owner/developer of each Parcel to fund their respective proportionate share, as determined by a traffic impact study approved by the City, prior to and as a condition of issuance of a building permit for any development on their respective Parcel, the improvements for right-of-way, design, permitting, and construction of roadways, traffic signals, intersection improvements for Transportation impact fee credits based upon the following priorities that have not already been satisfied: i. Payment in escrow to Lake County for the acquisition of the four lane right-of-way from Consery for Wellness Way; ii. Design, permitting, and/or construction of Wellness Way from US 27 to the Orange County line as either the preliminary two lane roadway or the ultimate four lane roadway; iii. Construction of Hancock Road from Wellness Way to the entrance of the Hartwood Landing Subdivision south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane roadway; iv. Design, permitting, and/or construction of a traffic signal at the intersection of US 27 and Wellness Way; or V. As may be stipulated in the Agreement. 16. Any requirement for the owner/developer of Parcel 1 and the owner/developer of Parcel 2 to be responsible for their proportionate share, based upon the actual cost at the time of construction, of any traffic signals that serve the Property, such as Wellness Way, if warranted, will be addressed in the Agreement. 17. On -going Project Traffic Analysis - Prior to phases 2 and 3, additional analysis of the intersections along Wellness Way shall be conducted to ensure the intersection can operate efficiently with the project trips. A new traffic study for Phases 2 and 3 will be required to be conducted to determine if any additional mitigation/modifications are required based on the actual background and constructed Phase(s) traffic generation. The developer and city staff must meet and agree to the methodology and study intersections prior to any new analysis or data collection occurring. The general design and timing of any additional required mitigation/ modifications identified by the new traffic study must be detailed and approved by the City of Clermont and/or Lake County, prior to the approval of any site plan for the next phase of development. INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1995 PAGE 6 of 27 !4: rt► ON CITY OF CLERMONT ORDINANCE NO.2022-033 18. N. Bradshaw Road, from Wellness Way to the south property line, shall be constructed consistent with figure 3.3.1 (al) Neighborhood Connector Typical Section. This section of N. Bradshaw Road will be dedicated to the public upon completion and acceptance by City and privately maintained in perpetuity by the Developer, its assigns and transferees, a property owners association or community development district The first lift of asphalt for N. Bradshaw Road shall be completed prior to the certificate of occupancy for any building constructed on Parcel 1 and the final lift of asphalt for the road shall be completed prior to the certificate of occupancy for the last building on Parcel 1; provided, however, a 6 foot sidewalk along the west right-of-way of N. Bradshaw Road shall not be required to be constructed until the development of Phases 2 or 3. A 12 foot multi -use trail shall be provided along the east right-of-way of N. Bradshaw Road in lieu of a 6 foot sidewalk along such eastern right-of-way boundary. 19. Prior to issuance of any site development permit, the Developer shall provide written documentation to the City showing elevations and future road connections to: (i) Epic Boulevard from N. Bradshaw Road and (ii) the internal east/west road connecting to the Olympus property (to the east). The documentation shall indicate that the Developer and the Olympus Developer, or designee, agree to the connection points, proposed elevations and any other material road connection design criteria. 20. All development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access points for each Parcel shall be determined during the final site plan and final engineering review for the respective Parcel and may change from the conceptual plan. 21. All internal lighting to the PUD shall be Dark Sky compliant. N. Bradshaw Road shall be designed and constructed with street lighting consistent with Dark Sky standards and fixture design criteria established by Lake County. 22. In accordance with Section 21 of the Development Agreement, the owner of Parcel 2 agrees to remove, or cause to be removed, the existing communication tower no later than December 31, 2032. 23. The property management office of the owner/developer of Parcel 1 and the owner/developer of Parcel 2 shall prominently notify tenants and/or potential tenants of their respective Parcels in writing that (i) mining activities are in the vicinity and there are sounds, fugitive dust particles and other potential hazards that may be encountered periodically resulting from the existing sand mine, and (ii) the Property is located within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions may exist due to controlled burning. 24. The landscaping along the road right-of-ways shall be consistent with Chapter 118 Vegetation for the plant material consisting of three canopy trees, five understory trees and a continuous hedge. The final design may be subject to the Wellness Way design guidelines for landscaping, as prepared by GAI. INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1996 PAGE 7 of 27 0-W CLE Owgb- CITY OF CLERMONT ORDINANCE NO.2022-033 25. Landscaping/Hardscaping/Lighting within the road right-of-ways shall be designed consistent with the Landscape/Hardscape/Lighting standards for Wellness Way, as prepared by GAI and approved by Lake County. 26. The landscaping in the public view shed at the Wellness Way and Bradshaw Road location shall be enhanced above and beyond minimum code standards by at least 40% more plant material. This plantings shall be consistent with the renderings in Exhibit E, prepared by Polulos & Bennett, dated 12/20/2022. 27. Fire protection to the site shall be provided prior to the issuance of the first building permits and shall be reviewed and approved by the City of Clermont Fire Department. SECTION 4: PUBLIC SERVICES 1. The Developer shall connect to the existing City potable water and sanitary sewer systems at connection point or points approved by the City. 2. The route of any off -site lines shall be according to engineering plans produced by the developer and approved by the City. 3. Any proposed City -maintained utilities that are not located within a dedicated public right- of-way shall be placed in a utility easement dedicated to the City. Easements shall be provided at no expense to the City and in a form acceptable to the City. 4. The Developer shall be responsible for all costs of on -site and off -site potable water and sanitary sewer systems improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations, property for city maintained facilities and other appurtenances necessary to allow the City to serve the property. 5. Any existing dedicated City of Clermont utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the Developer shall prepare plans, permit the project and construct the modification at the Developer's expense. 6. Except for building slabs, no vertical building construction shall be authorized until water and sewer are provided to the site or until a bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site improvements. 7. The City may require a looped system to provide reliability and redundancy to the property. 8. The project shall be plumbed with purple piping to irrigate all uses. 9. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1997 PAGE 8 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and a stormwater management plan when filing for final engineering approval. A lawfully created Community Development District or other entity acceptable to the City, shall be responsible for maintenance of all private stormwater ponds and drainage systems and improvements. Unless otherwise provided in the approved plans or plat for the Project, or in a separate agreement approved by the City, all such improvements located on the private property, including, streets, roads and bike or pedestrian paths, shall be maintained by the Community Development District or other entity acceptable to the City. 11. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate standard 10 feet building separation. 12. Lift station access shall meet all City criteria. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 15. Developer or its assigns shall be responsible for providing irrigation to its respective Parcel via a well or other means approved by the City Public Services Director, or designee. 16. All construction shall incorporate Water Sense plumbing fixtures, Energy Star appliances, and Water Star Silver requirements consistent with Section 5.4 of the Wellness Way Guidelines and Standards. 17. No Certificate of Occupancy shall be issued until potable water and sanitary sewer improvements to serve the respective Parcel have been completed and accepted by the City. SECTION 5: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 6• SEVERABILITY Should any Section or part of this Ordinance be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 7: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1998 PAGE 9 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 8: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. SECTION 9: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 1999 PAGE 10 of 27 pE CITY OF CLERMONT ORDINANCE NO.2022-033 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this loth day of January 2023. JAI ST: Tracy Ackroyd Howe, MMC City Clerk Approved as to form and -10- CITY OF CLERMONT Tim Murry, A y r`--\�, INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2000 PAGE 11 of 27 ALE j CITY OF CLERMONT ORDINANCE NO.2022-033 Exhibit A: PUD Conceptual Plan " � b i aw mm I � :iwRT,�RReY�"'viM�:.w. h� ,¢:M��.••�•. •�,�.Ma�I M11w Awr x��+ - _ j{jSji;i a 1C.s�e�1b'OIVsF +i INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2001 PAGE 12 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 Exhibit B: Development Agreement (Included on nine (9) pages following) INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2002 PAGE 13 of 27 LEADNT C-r� CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT#: 2020008646 OR BK 5409 PG 1579 PAGES: 9 1/22/2020 4:52:44 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT b COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $78.00 PREPARED BY: Daniel F. Mantzaris, City Attorney City of Clemont 332 N. Magnolia Ave. Orlando, FL 32801 CLONTS GROVES, INC., DEVELOPMENT AGREEMENT TIIIS AGREEMENT is entered into as of the �� day of (SACr , 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 approsimetcly 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 L" 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 Propetry. 8. Owner and City believe that it is in the best interest of each party to enable the Property to be devclopcd as further described herein, in accordance with Part E 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, Section% 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 herein agree as follows: 50196352;1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2003 PAGE 14 of 27 d, aER%NT CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT# 2020008646 OR BOOK 5409/PAGE 1580 PAGE 2 of 9 Section 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material pan 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. Condltions 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 that 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. Leant 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 S. Puration of Aereeme tit 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 ("DEU) 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 Pogylatlon. The anticipated population for the property with 600 multi -family housing with 2.42 persons per household would equate to 1,452. Bpildiye Intensities / Mgslty. The allowed density shall be twelve (12) dwelling units per net developable acre as defined 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 I00 year flood and wetland areas. Retail Commercial Shoppine 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. Buildine fieieht, The maximum height for any building shall be fifty-five (55) feet. 50196352;r INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2004 PAGE 15 of 27 CAE CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT# 2020008646 OR BOOK 5409/PAGE 1581 Section 7. Required Pnblic Facilities. PAGE 3 of 9 Water. Wastewater. and Rose 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. Cromer 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 band 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 wilt 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 Cake -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 northern 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 Hartwoud Marsh Road as the first 2-lanes of the ultimate 4-lane 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 necessityto 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 50196352;1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2005 PAGE 16 of 27 cLE CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENTN 2020008646 OR BOOK 5409/PAGE 1582 PAGE 4 of 9 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 8. 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 [suffer 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 haws 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 concutrency 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 conccrrency 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 lleakit S fete 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. 501963SM INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2006 PAGE 17 of 27 � CL p_� �` N I �an�a.do.�pau—`• CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT# 2020008646 OR BOOK 5409/PAGE 1583 PAGE 5 of 9 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. jkhtjUL 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 mad right of way. Section 15. Landscaaina/13uf1'ers. To the greatest extent feasible, Developer shall use drought tolerant spocies 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 DiHgenee. 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 shal I 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 conprchensive plan is found in compliance by the DEO, as act 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. 91p4lneEffed. Assignability. This Agreement, once effective, shall be binding upon and enforceable by and against the parties hereto and their assigns. This Agreement shall he 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 rigbt, power, or privilege hereunder. Section 21. Communication Tower. The Owner agrees to remove the existing communication tower at a speeifrod time as detcrnvnerl 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 act forth in full herein. 50196352:1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2007 PAGE 18 of 27 6�1_I bo CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMNT# 2020008646 OR BOOK 5409/PAGE 1584 PAGE 6 of 9 Section 23. Notice, Any notice to be given sball be in writing and shall be scat 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. Maatraris. City Attorney 332 N. Magnolia Avenue Orlando, Florida 32801 407-992-3540 As Owner Clonts Groves Inc. Attn: W. ilex Clonts P.O. BOX 622916 Oviedo Florida 32762-2916 Copy to: Akennan LLP Attn: Cecelia Bonifay, Esquire 420 S. Orange Ave., Suite 1200 Orlando, FL 32801 407419-8540 Section 24. Amgndmea3, Amendments to the provisions of this Agreement shell be made by the parties only in writing by formal amendment. 6 50196352:1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2008 PAGE 19 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT# 2020009646 OR BOOK 5409/PAGE 1585 PAGE 7 of 9 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written.. Attest: City Clerk 1-" r bate: Z 2 `:2 APProyed as lo' ; r Di iel F..&fff tzane City Attorney CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation qm Name: l.� 1 As its; Date; »' Z 2 _ ?Zlq' [ADDITIONAL SIGNATURE PAGE TO FOLLOW] 7 50196352;1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2009 PAGE 20 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT# 2020008646 OR BOOK 5409/PAGE 1586 PAGE 8 of 9 Witnesses: Name: L/GtFDr•t 14 klf s - Nmae:C rA D • V �aC�u�oaA CLONTS GROVES, INC., A Florida Corporation Name: W. Rex Clonts As its: President Date: STN l'L+ OF FLO ,,A COUNTY OF,`s"" The foregoing instrument was ecltnowltdged before me this _ ..... day of A 200, by W. Rex Clonts on behalf of Clonts Groves, Inc., a Florida Corporation. He is Personally known to me or has pmduced _ (type of 'identification) as identification and (did/did rat) take an oath W^o S �� Si atureofNotryPublic c� 1 =Oat0j'a WSW / r •��� �1 �CYW00(� Typ or Print Name My Commission Expires: Seal Commission No. GG 8 l0196352:1 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2010 PAGE 21 of 27 INSTRUMENT# 2020008646 LEGAL DESCRIPTION: CITY OF CLERMOA7 ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1587 EXHIBIT "A" PAGE 9 of 9 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, 4446, 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 OP 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 114 OF SAID SECTION 21; THENCE S89°30'42"W ALONG THE NORTH LINZ OF THE SOUTHEAST 114 OF SAID SECTION 21, A DISTANCE OF 1424.92 FEET; THENCE DEPARTING SAID SOUTH LINE RUN S00013139"F, 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 TILE EASTERLY RIGHT OF WAY LINF. 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 S2958'09"W, A DISTANCE OF 87.46 FEET; THENCE N5995878"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 S2905672"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 06-56-55". A CHORD BEARING OF S26°27'55"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; THFNCE 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°5226"E AND A CHORD DISTANCE OF 155.88 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 189.50 FEET TO THE END OF SAID CURVE; THENCE S89°54'20" E, A DISTANCE OF 724.09 FEET; THENCE N00-0656"E, A DISTANCE OF 771.53 FEET; THENCE S89-53'03"E, A DISTANCE OF 337.15 FEEL, THENCE N00"13'39"W, A DISTANCE OF 546.00 FEET TO TI IE POINT OF BEGINNING. CONTAINING: 2.399.470 SQUARE FEET OR 55.08 ACRES MORE OR LESS. 5019e552;i INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2011 PAGE 22 of 27 CITY OF CLERMONT LE_ - ORDINANCE NO.2022-033 Exhibit C: Clonts Groves PUD Cut/Fill Exhibit INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2012 PAGE 23 of 27 CITY OF CLERMONT ORDINANCE NO.2022-033 Exhibit D: Sample Elevation III Il 11 . -lit 11 = - - �! :i 11 1 -W If ■• •rr■ wuw 1 pr• ur Irru i INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2013 PAGE 24 of 27 ` CITY OF CLERMONT R ORDINANCE NO.2022-033 Exhibit E: Public Realm/Open Space Renderings INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2014 PAGE 25 of 27 CLEp CITY OF CLERMONT .- �� .`.'.;�-.� ORDINANCE NO.2022-033 INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2015 PAGE 26 of 27 ! CLA-6q CITY OF CLERMONT ORDINANCE NO.2022-033 NN�'vh'g7A ti x LnttgR WIWIfIR RRP � x INSTRUMENT# 2023004236 OR BOOK 6078/PAGE 2016 PAGE 27 of 27 cl CLERWOW CITY OF CLERMONT ORDINANCE NO.2022-033 6' CLERMONT CITY OF CLERMONT _ ORDINANCE NO.2022-033 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1. The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property (the "Property"): LEGAL DESCRIPTION: LEGAL DESCRIPTION: A PORTION OF SECTION 21 TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING EAST OF US HIGHWAY 27, SOUTH OF SCHOFIELD ROAD LAKE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 21; THENCE S89°30'42"W W ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 21, A DISTANCE OF 1424.92 FEET; THENCE DEPARTING SAID SOUTH LINE RUN S00013'39"E, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF E, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SCHOFIELD ROAD (A VARIABLE WIDTH COUNTY MAINTAINED RIGHT OF WAY); THENCE CONTINUE S0093'39, A DISTANCE OF 87.00 FEET TO THE POINT OF BEGINNING; THENCE S89°30'42"W ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1735.91 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: NOV-EMBER 8, 2005); THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY THE FOLLOWING FIVE (5) COURSES AND DISTANCES: THENCE S29058'09"W, A DISTANCE OF 3.93 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 06°56'55", A CHORD BEARING OF S2602755"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 S67038'24"E, A DISTANCE OF 469.15 FEET; THENCE S89050'54"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 d' CITY OF CLERMONT �LER ONT ORDINANCE NO.2022-033 CHORD BEARING OF S89052'26"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 S89°54'20"E, A DISTANCE OF 724.09 FEET; THENCE N00°06'56"E, A DISTANCE OF 771.53 FEET; THENCE S89°53'03"E, A DISTANCE OF 297.15 FEET; THENCE N44°56'39"E, A DISTANCE E, A DISTANCE OF 56.40 FEET; THENCE N00013'39"W, A DISTANCE OF 433.99 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,275,197.41 SQUARE FEET OR 52.23 ACRES MORE OR LESS. LOCATION: 2 miles south of Hartwood Marsh Road, East of US 27 at the Schofield Road intersection Alternate Key 1462436 La ke Louisa A .o a 'm `o t 4 f n N } x PROPERTY REZONING Rezone the Property from Urban Transition to Planned Unit Development (PUD) for multi -family use and commercial use SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) is to allow for a multi -family residential Planned Unit Development along with future C-2 General Commercial uses: The conditions as set forth in this PUD shall be legally binding upon any heirs, assigns and successors in title or interest. d' �LERWONT CITY OF CLERMONT �p�„,1 ORDINANCE NO.2022-033 2. The Property shall be developed in substantial accordance with the PUD Conceptual Plan prepared by Poulos & Bennett dated December 14, 2022 attached hereto as Exhibit A (the "PUD Conceptual Plan"). Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City's Information Technology Director will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. SECTION 3: LAND USES AND SPECIFIC CONDITIONS: As a result of the Development Agreement entered into by the City of Clermont and Clonts Groves, Inc., dated October 22, 2019, and recorded in Official Records Book 5409, Page 1579, Public Records of Lake County, Florida (the "Development Agreement"), a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, the Property shall have a density of twelve (12) dwellings units per net acre. Notwithstanding the foregoing, the Development Agreement allows for 600 multi -family units on the Property and Parcel 1 will have 330 multi -family dwelling units regardless of the acreage of Parcel 1 and the balance, 270 multi -family dwelling units, will be on Parcel 2. 2. The Future Development Parcel (Parcel 2 as identifed in the PUD Conceptual Plan), in accordance with the Development Agreement, may have (i) up to one hundred fifty-two thousand five hundred (152,500) square feet of commercial, retail and office uses, and (ii) 270 multi -family dwelling units. The owner/developer of Parcel 2 shall have the right to apply to the City for an amendment to this PUD in order to, among other things, convert, as needed for the owner/developer's proposed development of Parcel 2, some or all of the foregoing land uses to other land uses on Parcel 2; provided that the impacts of those proposed land uses do not exceed the impacts of the land uses and densities set forth hereinabove. All terms, conditions and provisions of the Development Agreement are incorporated into this Ordinance; provided, however, to the extent of a conflict between this Ordinance and the Development Agreement, this Ordinance shall control and prevail. 4. Phasing of Development: The Property, and each Parcel therein, may be developed in one or more phases. Development of 330 multi -family dwelling units on Parcel 1 shall be Phase 1. Development of up to 75,000 square feet of medical office on Parcel 2 shall be Phase 6 CLERMOI� CITY OF CLERMONT � _,— ORDINANCE NO.2022-033 2, and development of up to 77,500 square feet of commercial, retail and offices and the development of 270 multi -family units, subject to the limitations and provisions of this PUD, as aforesaid, shall be Phase 3. 5. The project on Parcel 1 may have a maximum cut of up to 35 feet over 17% of the multi- family area, as indicated on the Clonts Groves PUD Cut/Fill Exhibit attached hereto as Exhibit C. These changes will be submitted to the City Engineer at the time of final engineering of Parcel 1. 6. The project on Parcel 1 may have a maximum fill of up to 12 feet over .5% of the project area, as indicated on the Clonts Groves PUD Cut/Fill Exhibit. These changes will be submitted to the City Engineer at the time of final engineering. 7. Development Standards for Parcel 1 shall be consistent with Section 2.1.3 (c) Multi -Use District Development Standards, except as otherwise set forth in this PUD. 8. Retaining wall heights up to 8 feet in height are allowed to deal with grading on the site. 9. Development shall meet the City of Clermont Land Development Regulations, unless otherwise specified within this PUD. 10. An environmental assessment addressing habitat and species for Parcel 1 shall be submitted to the City during the construction plan approval stage for the development on Parcel 1. An environmental assessment addressing habitat and species for Parcel 2 shall be submitted to the City during the construction plan approval stage for the development of each phase on Parcel 2. Applicable permits for any gopher tortoises and associated burrow commensal species or other endangered species found on the Property must be received from the appropriate regulatory agencies prior to the initiation of the development activity. 11. School concurrency shall be met before final site plan approval on Parcel 1 in accordance with the Comprehensive Plan and Land Development Code. 12. This PUD shall become null and void if substantial construction work on either Parcel 1 or Parcel 2 has not begun within two (2) years of the date that this Ordinance No. 2022-033 has been formally adopted by the City and all appeal periods have expired. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion of construction. 13. Trash compacters may be substituted for dumpsters on the Property if the applicant can demonstrate it can sufficiently meet the waste demands for the proposed project, subject to City Manager approval, or designated staff. Solid Waste and Recycling collection service shall be provided by a private vendor. City does not provide service to large Multi -family developments. 14. The final architectural design shall be reviewed during the site review process for each Parcel. The design shall meet the City of Clermont Architectural Standards, adopted CLERLNT CITY OF CLERMONT ���„, '� ORDINANCE NO.2022-033 October 23, 2007, or as amended. The Developer of Parcel 1 has provided general elevations, as shown in Exhibit D, and the project shall be designed closely to resemble these elevations. 15. The owner/developer of each Parcel shall enter into a Proportionate Share Transportation Impact Fee Credit Agreement (the "Agreement') with Lake County, Florida (the "County") prior to the issuance of any site development or building permit on their respective Parcel; provided, however, notwithstanding the foregoing, if required by the City and/or the County that there should be a single Agreement for the Property that includes the development of Parcel 1 and Parcel 2, the owner/developer of Parcel 1 and the owner/developer of Parcel 2 shall work together in good faith and with reasonableness in order to achieve and satisfy such requirement. Among other things, the Agreement will require the owner/developer of each Parcel to fund their respective proportionate share, as determined by a traffic impact study approved by the City, prior to and as a condition of issuance of a building permit for any development on their respective Parcel, the improvements for right-of-way, design, permitting, and construction of roadways, traffic signals, intersection improvements for Transportation impact fee credits based upon the following priorities that have not already been satisfied: i. Payment in escrow to Lake County for the acquisition of the four lane right-of-way from Consery for Wellness Way; ii. Design, permitting, and/or construction of Wellness Way from US 27 to the Orange County line as either the preliminary two lane roadway or the ultimate four lane roadway; iii. Construction of Hancock Road from Wellness Way to the entrance of the Hartwood Landing Subdivision south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane roadway; iv. Design, permitting, and/or construction of a traffic signal at the intersection of US 27 and Wellness Way; or V. As may be stipulated in the Agreement. 16. Any requirement for the owner/developer of Parcel 1 and the owner/developer of Parcel 2 to be responsible for their proportionate share, based upon the actual cost at the time of construction, of any traffic signals that serve the Property, such as Wellness Way, if warranted, will be addressed in the Agreement. 17. On -going Project Traffic Analysis - Prior to phases 2 and 3, additional analysis of the intersections along Wellness Way shall be conducted to ensure the intersection can operate efficiently with the project trips. A new traffic study for Phases 2 and 3 will be required to be conducted to determine if any additional mitigation/modifications are required based on the actual background and constructed Phase(s) traffic generation. The developer and city staff must meet and agree to the methodology and study intersections prior to any new analysis or data collection occurring. The general design and timing of any additional required mitigation/ modifications identified by the new traffic study must be detailed and approved by the City of Clermont and/or Lake County, prior to the approval of any site plan for the next phase of development. CLER CITY OF CLERMONT ORDINANCE NO.2022-033 18. N. Bradshaw Road, from Wellness Way to the south property line, shall be constructed consistent with figure 3.3.1 (al) Neighborhood Connector Typical Section. This section of N. Bradshaw Road will be dedicated to the public upon completion and acceptance by City and privately maintained in perpetuity by the Developer, its assigns and transferees, a property owners association or community development district The first lift of asphalt for N. Bradshaw Road shall be completed prior to the certificate of occupancy for any building constructed on Parcel 1 and the final lift of asphalt for the road shall be completed prior to the certificate of occupancy for the last building on Parcel 1; provided, however, a 6 foot sidewalk along the west right-of-way of N. Bradshaw Road shall not be required to be constructed until the development of Phases 2 or 3. A 12 foot multi -use trail shall be provided along the east right-of-way of N. Bradshaw Road in lieu of a 6 foot sidewalk along such eastern right-of-way boundary. 19. Prior to issuance of any site development permit, the Developer shall provide written documentation to the City showing elevations and future road connections to: (i) Epic Boulevard from N. Bradshaw Road and (ii) the internal east/west road connecting to the Olympus property (to the east). The documentation shall indicate that the Developer and the Olympus Developer, or designee, agree to the connection points, proposed elevations and any other material road connection design criteria. 20. All development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access points for each Parcel shall be determined during the final site plan and final engineering review for the respective Parcel and may change from the conceptual plan. 21. All internal lighting to the PUD shall be Dark Sky compliant. N. Bradshaw Road shall be designed and constructed with street lighting consistent with Dark Sky standards and fixture design criteria established by Lake County. 22. In accordance with Section 21 of the Development Agreement, the owner of Parcel 2 agrees to remove, or cause to be removed, the existing communication tower no later than December 31, 2032. 23. The property management office of the owner/developer of Parcel 1 and the owner/developer of Parcel 2 shall prominently notify tenants and/or potential tenants of their respective Parcels in writing that (i) mining activities are in the vicinity and there are sounds, fugitive dust particles and other potential hazards that may be encountered periodically resulting from the existing sand mine, and (ii) the Property is located within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions may exist due to controlled burning. 24. The landscaping along the road right-of-ways shall be consistent with Chapter 118 Vegetation for the plant material consisting of three canopy trees, five understory trees and a continuous hedge. The final design may be subject to the Wellness Way design guidelines for landscaping, as prepared by GAI. 6, CITY OF CLERMONT �L ER ONT -.;7 ORDINANCE NO.2022-033 ��m1 25. Landscaping/Hardscaping/Lighting within the road right-of-ways shall be designed consistent with the Landscape/Hardscape/Lighting standards for Wellness Way, as prepared by GAI and approved by Lake County. 26. The landscaping in the public view shed at the Wellness Way and Bradshaw Road location shall be enhanced above and beyond minimum code standards by at least 40% more plant material. This plantings shall be consistent with the renderings in Exhibit E, prepared by Polulos & Bennett, dated 12/20/2022. 27. Fire protection to the site shall be provided prior to the issuance of the first building permits and shall be reviewed and approved by the City of Clermont Fire Department. SECTION 4: PUBLIC SERVICES The Developer shall connect to the existing City potable water and sanitary sewer systems at connection point or points approved by the City. 2. The route of any off -site lines shall be according to engineering plans produced by the developer and approved by the City. 3. Any proposed City -maintained utilities that are not located within a dedicated public right- of-way shall be placed in a utility easement dedicated to the City. Easements shall be provided at no expense to the City and in a form acceptable to the City. 4. The Developer shall be responsible for all costs of on -site and off -site potable water and sanitary sewer systems improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations, property for city maintained facilities and other appurtenances necessary to allow the City to serve the property. 5. Any existing dedicated City of Clermont utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the Developer shall prepare plans, permit the project and construct the modification at the Developer's expense. 6. Except for building slabs, no vertical building construction shall be authorized until water and sewer are provided to the site or until a bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site improvements. 7. The City may require a looped system to provide reliability and redundancy to the property. The project shall be plumbed with purple piping to irrigate all uses. 9. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. 6, CLERMONT CITY OF CLERMONT „ohm ORDINANCE NO.2022-033 10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and a stormwater management plan when filing for final engineering approval. A lawfully created Community Development District or other entity acceptable to the City, shall be responsible for maintenance of all private stormwater ponds and drainage systems and improvements. Unless otherwise provided in the approved plans or plat for the Project, or in a separate agreement approved by the City, all such improvements located on the private property, including, streets, roads and bike or pedestrian paths, shall be maintained by the Community Development District or other entity acceptable to the City. 11. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate standard 10 feet building separation. 12. Lift station access shall meet all City criteria. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 15. Developer or its assigns shall be responsible for providing irrigation to its respective Parcel via a well or other means approved by the City Public Services Director, or designee. 16. All construction shall incorporate Water Sense plumbing fixtures, Energy Star appliances, and Water Star Silver requirements consistent with Section 5.4 of the Wellness Way Guidelines and Standards. 17. No Certificate of Occupancy shall be issued until potable water and sanitary sewer improvements to serve the respective Parcel have been completed and accepted by the City. SECTION 5: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 6: SEVERABILITY Should any Section or part of this Ordinance be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 7: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or S CLEMONT CITY OF CLERMONT �dm ORDINANCE NO.2022-033 designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 8: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. SECTION 9: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. CLER� �" CITY OF CLERMONT �d���ORDINANCE NO.2022-033 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 1 Oth day of January 2023. X - . / Tracy, UZ Ackroyd Howe, MMC City Clerk Approved as to form and CITY OF CLERMONT Tim Murry, yor -10- d' CLER ONT CITY OF CLERMONT ORDINANCE NO.2022-033 Exhibit A: PUD Conceptual Plan fCowm+Rd boO-h.o) I/ Pvicell � w yiOwl I Zi r 1.1 11 t # (Cw---.d by Oh..) I)EVELOPMENT � J � , r, 1 •'141I® 1 ------------- Epc Bhd Epc Wd. (C..,—.d br Odom IC--.d be O-hn-) _ Lepmd d' CITY OF CLERMONT �LE�R O�NT ORDINANCE NO.2022-033 C k>ce/ dym�\ Exhibit B: Development Agreement (Included on nine (9) pages following) d' CLERWONT CITY OF CLERMONT ORDINANCE NO.2022-033 INSTRUMENT#: 2020008646 OR BK 5409 PG 1579 PAGES: 9 1/22/2020 4:52:44 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT ✓r COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $78.00 PREPARED BY: Daniel F. Mantzaris, City Attorney City of Clermont 332 N. Magnolia Ave. Orlando, FL 32801 CLONTS GROVES, INC., DEVELOPMENT AGREEMENT TILIS AGREEMENT is entered into as of the Z-2 day of &+Qhei , 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 L" 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 If 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: 1 50196352:1 d" CLER ONT �na�cn, INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1580 PAGE 2 of 9 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 that 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 OV IEDO, 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. Buildine Intensities / Density. The allowed density shall be twelve (12) dwelling units per net developable acre as defined 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 Weht. The maximum height for any building shall be fifty-five (55) feet. 50196352:1 6, CLER ONT INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO. 2022-033 OR BOOK 5409/PAGE 1581 PAGE 3 of 9 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 agrce 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 northern boundary of the Consery property as a four -lane roadway; vi. Construction of IIancock 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. Gradinlz. 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 50196352;1 6' CLER ONT INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1582 PAGE 4 of 9 in a waiver of the City's current Code Requitemmta. Any such waivers or variances shall be subject to approval in accordance with the City Code. Section 8. Dedication of lands for public purposes. The Owner shall dedicate lands for public purposes as required in the Land IX-velopment 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 Duffer 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 sormwater 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 Safetv 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 sormwater retention areas, sormwater 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, terns or restrictions. sot %3s2: t CLER ONT ��,m INSTRUMENT# 2020008646 CrTY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1583 PAGE 5 of 9 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 Devclopment 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 DiH¢ence. 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. Adetault 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. Governlue 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. sof96332.1 CLERMONT INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1584 PAGE 6 of 9 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. 50196352j S CLANT INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1585 PAGE 7 of 9 IN WffNESS WHEREOF, the parties hereto have entered into this Agreement as of the date fast above written. Attest: City Clerk Date: I©`72 :2019 Approved as lo'fonn: Daniel F- tzans, City Attorney 50196352;1 CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By: Na.: L As its: I ' aqpr Date: l C)- Z 2 - Z( IQ [ADDITIONAL SIGNATURE PAGE TO FOLLOW] d" CLERWONT INSTRUMENT# 2020008646 CITY OF CLERMONT ORDINANCE NO.2022-033 OR BOOK 5409/PAGE 1586 PAGE 8 of 9 Witnesses: Name: ayG o Lt CiLEl1(C � Name �!/ i1 'f71 l ak � • (�%pC�cuo et�� CLONTS GROVES, INC., A Florida Corporation BY: Name: W. Rex Clonts As its: President Date: / STATE OF FLO#1DA COUNTY OF The foregoing instrument was acknowledged before me this �� day of ��![ . 200, by W. Rex Clonts on behalf' of Clonts Groves, Inc., it Florida Corporation. He is �- 'or}�lly known to me or has produced (type of identification) as identification and (did/did not) take an oath. a CyrAh Public sun or FlorMle cyrom. o eieanwoe N*twy MM C"NOMan GO 149380 EMpMas t01M021 Seal soi %ss2:1 dl'� �' &tdW9�0-1 Si ature of Notary Public Iq�r�-> D. B14ck�c& Typd or Print Name ``d My Commission Expires: / Commission No. 66 d' CLERWONT INSTRUMENT# 2020008646 LEGAL DESCRIPTION: CITY OF CLERMONT ORDINANCE NO. 2022-033 OR BOOK 5409/PAGE 1587 EXHIBIT "A" PAGE 9 of 9 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 114 OF SAID SECTION 21; THENCE S89030142"W ALONG THE NORTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 21, A DISTANCE OF 1424.92 FEET, THENCE DEPARTING SAID SOUTH LINE RUN S00°1319'13, 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°5643' W, A DISTANCE OF 449.91 FEET; THENCE N59°5946' W, A DISTANCE OF 4.97 FEET; THENCE S29°56'221-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 06°56155", A CHORD BEARING OF S26-271551-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 S67038'24"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 S89-52126-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 S89054120"E, A DISTANCE OF 724.09 FEET; THENCE N00106'56"E, A DISTANCE OF 771.53 FEET; THENCE S89-53V3"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. 501 %332;1 d, CLER ONT Vim, , CITY OF CLERMONT ORDINANCE NO.2022-033 Exhibit C: Clonts Groves PUD Cut/Fill Exhibit d' CITY OF CLERMONT �LER ONT ORDINANCE NO.2022-033 cn�m� Exhibit E: Public Realm/Open Space Renderings LLB- Integra Wellness Way r a",— V— I Integra Wellness Way n ri d' CLERONT CITY OF CLERMONT ORDINANCE NO.2022-033 .�: 7; 7� i► IrMIL ,'LIP _.� .r, ,■Or .ems. i'lr. y�+p�+p��'.t,.. d, CLERMONT CITY OF CLERMONT �h,7 ORDINANCE NO.2022-033