2006-40City o~ Cler:non~t
City Clerk
P.C. 30;. 120219
C~e,Y'1?"io;li, FL 34712-0219
DEVELOPMENT AGREEMENT
Between
THE CITY OF CLERMONT, FLORIDA, and
TOWER VILLAGES, INC.
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DATE: +?2r`!i7l2+)+a7
JAMES C. WATY.Ih~Sr
LAY,E ~OUhfTY
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t:LERY~ OF (~t7U~iT
F:ECURDThaG FEES 44.iu]
Related to and as part of the
CITY ACCEPTANCE AND APPROVAL
OF ALLOWABLE USES ON CERTAIN REAL PROPERTY
AS DESCRIBED BELOW
This Agreement, entered into by and between Tower ViAages, Inc., whose address is c/o Herb
Smith, P.O. Box 120989, Clermont, FL 34712, hereinafter sometimes referred to as "DEVELOPER" and the
City of Clermont, hereinafter referred to as CITY.
WITNESSETH
WHEREAS, on Sept. 28, 2004, the CITY annexed into the City limits approximately 2.8 acres of certain real
property owned by the DEVELOPER; and
WHEREAS on Sept. 28, 2004, the CITY also rezoned the 2.8 acres to C-2; and
WHEREAS a related small-scale comprehensive plan amendment changing the future land use on the
2.8 acres to Commercia{ was approved in 2005; and
WHEREAS, at the time the 2.8 acres was annexed by the CITY, the DEVELOPER also owned an adjacent
parcel of approximately 4.44 acres which was zoned C-2 and had Residential/Professional future land use;
and
WHEREAS the DEVELOPER and the CITY had entered into a Development Agreement on Sept. 28, 2004
which tied the uses allowed on the two parcels to an attached and referenced site plan that specified that
certain lots were allowed professional office but not commercial use while other lots were allowed commercial
use; and
WHEREAS, the DEVELOPER purchased in July 2005 a third contiguous parcel of approximately 0.608 acres
that had C-2 zoning and Residential/Professional future land use; and
WHEREAS, the DEVELOPER is seeking to combine said 2.8-acre property with the two adjacent parcels of
approximately 4.44 acres and 0.608 acres; and
WHEREAS the adjacent parcels of approximately 4.44 acres and 0.608 acres currently have Residential/
Professional future land use; and
WHEREAS the DEVELOPER has applied for asmall-scale comprehensive plan amendment to change the
two adjacent parcels to Commercial future land use so as to match the future land use on all parcels; and
WHEREAS, after approval of the previous Development Agreement in 2004, the DEVELOPER has since
modified the development site plan to eliminate professional office so as to develop the entire 7.848 +/- acre
tract as a commercial project in response to changing market conditions; and
WHEREAS, Chapter 163.3220, Florida Statutes provides mechanisms, including Development Agreements
which allow for development permits to be subject to conditions of a development agreement, the
strengthening of the public planning process, encouraging sound capital planning and financing, assisting in
assuring there are adequate capital facilities for the development, encouraging private participation in
comprehensive planning, and reducing the economic costs of development, all to ensure compliance with
adopted comprehensive plans; and land development regulations of the City of Clermont, Florida, and to
secure future performance; and
WHEREAS, the CITY finds it necessary to articulate assurances for the protection of the public health, safety
and welfare of the residents of the CITY, to ensure the proper development of the PROPERTY, and protect
the interest of the owners of the PROPERTY; and
WHEREAS, the CITY does further find that the proposed development is consistent with the CITY'S
comprehensive plan as amended by a proposed small-scale amendment to the comprehensive plan (known
as DCA #06S8) and its land development regulations; and
WHEREAS, the CITY will provide all municipal services including water and waste water to the property, the
provision of which requires no new facilities be constructed by the CITY; and
WHEREAS, DEVELOPER warrants and represents that it is the owner in fee simple of the PROPERTY and is
authorized to enter into this Agreement.
NOW THEREFORE, the parties hereto do hereby agree, in consideration of the above, and the promises and
undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as 'rf set forth below.
2. This Agreement shall apply and pertain to the real property more particularly described as Exhibit "A"
attached hereto and incorporated herein and referred to herein as the "PROPERTY.°
3. DEVELOPER does hereby agree on behalf of itself and on behalf of any heirs, assigns, transferees,
beneficiaries, or property owner associations that the PROPERTY shall be developed in accordance with
all applicable CITY codes, laws and regulations and, specifically, agrees to the following condition:
The CITY may require the DEVELOPER to coordinate waste water col{ection on the
PROPERTY with adjacent development projects.
4. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve
the DEVELOPER of the necessity of complying with the laws governing said permitting requirements,
conditions, terms or restrictions.
5. This Agreement shall, at DEVELOPER's expense, be recorded in the Public Records of Lake County and
shall remain in effect unless amended or terminated in accordance with applicable law. Therefore, it is
expressly agreed that the terms and conditions herein run with, appertain and attach to the PROPERTY, as
such this agreement is binding on the parties hereto, their heirs, personal representatives, successors,
grantees and/or assigns.
IN WITNESS WHEREOF, the CITY has executed this agreement on this 24~' day of October 2006.
Signed, sealed and delivered
In the presence of: CITY OF CLERMONT
(Print name) ~ e~~ s~ ~Or~K Mayor},larold S. Turville, Jr. ~
/,
`_._''~ ~ ' r%
(Print name) ~ P ~,5~ C ~ y i 0.'1] ~t Tracy Ackroyd, City Clerk
,;
IN WITNESS WHEREOF, DEVELOPER has executed this agreement this o~~ day of 'tD~~2006.
Signed, Sealed and delivered
In
TOWER VI LAG S INC. ~~`'~'~'!'~' 1til:~l~[;~ ~ ~.Lt~
BY~ ~ •~ 1~4~Y\~
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(Print name) ~ ~ ~ ~"~ iTe.Kt~w C!
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(Print name) ~2h! S~ NC.~149C
(Print name) ~G~{ FF
Its:
ATTEST, ~~T~~y
+te~eeeretarv. (A0.
OWNER
~t"~ ""`~, LISA S`~~ICKLAND
ij~~! MY COMMISSION # DD383778
`~7,E~i'~`~p~ EXPIRES: March 09, 2009
1-St10 3 NDTpRy FI. Notary Discount Assoc. Co.
Exhibit A
Legal Descriptions Tower Villages properties
(Southeastern parcel, alternate key: 3815757)
That part of the Northeast 1/a of Section 28, Township 22 South, Range 26 East, Lake County, Florida,
being more particularly described as follows:
Begin at the Northwest corner of Tract 16, Lake Highlands Subdivision of Section 28, Township 22 South,
Range 26 East, recorded in Plat Book 2, Page 2$, Public Records of Lake County, Florida: thence South
00 degrees 20 minutes 58 seconds West, along the West line, 489.57 feet to the North right of way line of
State Road 50; thence North 89 degrees 46 minutes 13 seconds West along said right of way line, 155.74
feet; thence North 00 degrees 13 minutes 47 seconds East, 218.00 feet; thence North 89 degrees 46
minutes 13 seconds West, 505.95 feet to the East line of Tract 14 of said Lake Highlands; thence departing
said right of way line, North 00 degrees 12 minutes 55 seconds East, along the East line of said Tract 14, a
distance of 259.09 feet to the Northeast corner of said Tract 14; thence North 89 degrees 09 minutes 06
seconds East, 662.90 feet to the POINT OF BEGINNING.
Less and except:
The north forty (40) feet of the above-described property.
Less and except:
That portion of the above-described property included in the property conveyed in that certain Deed
recorded in Official Records Book 1691, page 880, Public Records of Lake County, Florida.
4.44 +/- acres, more or less.
(Northeastern parcel-alternate key: 3812221)
The North 40.00 feet of the following described property:
That part of the Northeast 1/a of Section 28, Township 22 South, Range 26 East, Lake County, Florida,
being more particularly described as follows: Begin at the Northwest corner of Tract 16, Lake Highlands
Subdivision of Section 28, Township 22 South, Range 26 East, recorded in Plat Book 2, Page 28, Public
Records of Lake County, Florida: thence South 00 degrees 20 minutes 58 seconds West, along the West
line, 489.57 feet to the North right of way line of State Road 50; thence North 89 degrees 46 minutes 13
seconds West along said right of way line, 155.74 feet; thence North 00 degrees 13 minutes 47 seconds
East, 218.00 feet; thence North 89 degrees 46 minutes 13 seconds West, 505.95 feet to the East line of
Tract 14 of said Lake Highlands; thence departing said right of way line, North 00 degrees 12 minutes 55
seconds East, along the East line of said Tract 14, a distance of 259.09 feet to the Northeast corner of said
Tract 14; thence North 89 degrees 09 minutes 06 seconds East, 662.90 feet to the POINT OF
BEGINNING.
Less and accept: That portion of the above described property included in the property conveyed in that
certain Deed recorded in Official Records Book 1691, Page 880, Public Records of Lake County, Florida.
LESS:
Begin at the Northeast corner of Tract 15, Lake Highlands Subdivision of Section 28, Township 22 South,
Range 26 East, recorded in Plat Book 2, Page 28, Public Records of Lake County, Florida, thence run
South 89 degrees 05 minutes 31 seconds West along the North line of said Tract 15 for a distance of
312.10 feet to the beginning of anon-tangent curve concave to the Southwest, having a radius of 560.00
feet and a chord bearing of South 83 degrees 29 minutes 26 seconds East; thence run Southeasterly along
the arc of said curve a distance of 145.00 feet through a central angle of 14 degrees 50 minutes 06 seconds
to the beginning of a reverse curve concave to the Northeast, having a radius of 640.00 feet and a chord
bearing of South 83 degrees 29 minutes 26 seconds East; thence run Southeasterly along the arc of said
curve for a distance of 165.71 feet through a central angle of 14 degrees 50 minutes 06 seconds; thence run
North 89 degrees OS minutes 31 seconds East for a distance of 4.00 feet to the East line of said Tract 15;
thence run North 00 degrees 19 minutes 00 seconds East along said East line of Tract 15 for a distance of
40.01 feet to the POINT OF BEGINNING.
0.608 +/- acres, more or less.
(Western parcel, alternate key: 1062110)
Tract 14, Lake Highlands Company, in Section 28, Township 22 South, Range 26 East as recorded in Plat
Book 2, Page 28, Public Records of Lake County, Florida, less:
West 360 feet thereof; water retention area in Southeast corner of property; and right of way of Highway
50.
2.8 +/- acres, more or less.