Contract 2025-032A2025-032A
FIRE STATION SITE DEDICATION AGREEMENT
THIS FIRE STATION DEDICATION AGREEMENT, herein "Agreement", is between the City
of Clermont, herein referred to as "CITY", a Florida Municipal Corporation, whose address is 685
West Montrose Street, Clermont, Florida 34711, and Olympus Community Development District,
a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and
its successors and assigns, herein referred to as "DISTRICT" whose address is 3501 Quadrangle
Blvd., Suite 270 Orlando, Florida 32817.
WITNESSETH
Whereas, DISTRICT owns approximately 1.75 acres of real property located in Clermont, Lake
County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated
herein, herein referred to as the "Fire Station Site"; and
Whereas, the Fire Station Site is located within the project known as Olympus, herein the
"Olympus Development";
Whereas, by Ordinance 2021-07, CITY granted PUD Development rights to the Olympus
Development;
Whereas, Ordinance 2021-07, contains, among other conditions, a condition that the certain
property shall be dedicated to CITY for use CITY's use to construct a fire station; and
Whereas, DISTRICT and CITY are entering into this Agreement to satisfy the above -referenced
condition set forth in Ordinance 2021-07.
NOW, THEREFORE, in consideration of the conditions set forth in Ordinance 2021-07 and the
mutual promises and covenants hereinafter contained, the parties do hereby agree as follows:
Section 1. DEDICATION OF PROPERTY.
In accordance with Section 4 (5) of Ordinance 2021-07, DISTRICT shall within 60
(sixty) days of the Effective Date hereof, transfer the Fire Station Site to CITY by special
warranty deed, free of any and all liens and encumbrances except matters of record and in a form
acceptable to CITY.
Section 2. DEVELOPMENT STANDARDS
A. Subject to the District's utility phasing and time parameters described below, the
Fire Station Site shall be provided with i) access to a public road at connection and access points
reasonably acceptable to the CITY; ii) sufficient capacity for offsite storm and ground water
retention; iii) water and sewer lines stubbed out to the site; and iv) any necessary fill material to
ensure the Fire Station Site is at grade and level. The CITY shall notify the DISTRICT in writing
one (1) year prior to the date that it intends to start construction of the contemplated fire station on
the Fire Station Site, whereupon the DISTRICT and CITY shall coordinate the timely completion
of the access, grading and stub -outs subject to the DISTRICT utility phasing.
B. Except for the infrastructure referred to above, CITY shall construct the fire station,
at its sole cost and expense and shall include operational, architectural and design plans and
standards consistent with adopted Architectural Standards affecting the Fire Station Site and the
Olympus Development, herein the "Architectural Standards", which Architectural Standards have
been approved by the CITY. However, in the event CITY elects to construct a temporary fire
facility in advance of the permanent Fire Station contemplated in this Site Dedication Agreement,
and providing it intends to construct such temporary facility prior to the District installing utilities,
the DISTRICT will cooperate with the CITY to the extent feasible, and the CITY shall be
responsible for providing A.(i), (ii) and (iv) above. In the event CITY elects not to construct a
temporary fire facility and seeks to construct the permanent Fire Station contemplated in the
Agreement, then CITY shall provide to DISTRICT architectural drawings and preliminary
elevations for the fire station 6 (six) months prior to the date CITY intends to start construction of
the fire station. Within thirty (30) days thereafter, DISTRICT shall notify CITY in writing
of any changes or upgrades to the architecture or design standards required in order to be consistent
with the Architectural Standards . To the extent that such changes or upgrades do not increase the
design or construction cost to construct the fire station or do not unreasonably delay the
construction or impact the intended operation thereof, CITY shall reasonably accommodate the
requested changes or upgrades. In the event that DISTRICT's requested changes or upgrades
increase the design or construction cost for the fire station, to the extent the changes or upgrades
do not impact the intended operation of the fire station or unreasonably delay completion of the
construction, the CITY shall incorporate the changes upgrades into its plans. Prior to the time the
DISTRICT installs such utilities, the DISTRICT will cooperate with the CITY to the extent
feasible, to provide for A.(i), (ii) and (iv) above and the CITY will be responsible for the costs for
A (i), (II) and (iv) if said utilities are required prior to the DISTRICT Phasing Plan.
Section 3. BENEFIT TO DISTRICT.
DISTRICT acknowledges and agrees that the proposed fire station is principally and
primarily required to provide area public safety services for the Olympus Development and
therefore provides a significant, substantial and unique benefit to the DISTRICT and the Olympus
Development. However, CITY agrees that DISTRICT or its assigns will be entitled to impact fee
credits from the CITY for the dedication of the Fire Station Site in the amount of $300,000.00. The
DISTRICT and CITY agree that this amount is reasonable and consistent with the fair market value
requirement contained in Ordinance 2021-07.
Section 4. SEVERABILITY.
In the event that any provision of this Agreement shall be held invalid or unenforceable,
the provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Section 5. NOTICES.
All notices, demands, or other writings required to be given or made or sent in this
Agreement, or which may be given or made or sent, by either party to the other, shall be deemed
to have been fully given or made or sent when in writing and addressed as follows:
DISTRICT
G►
City of Clermont Olympus Community Development District
Attention: City Manager Attention: District Manager
P.O. Box 120219 3501 Quadrangle Blvd., Suite 270
Clermont, FL 34712-0219 Orlando, FL 32817
Section 6. CHOICE OF LAW AND VENUE.
Florida law shall govern the interpretation and enforcement of this Agreement. In any
action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be
in Lake County, Florida.
Section 7. CONSTRUCTION OF THE AGREEMENT.
This Agreement is the result of negotiations among the Parties, such that the Parties have
contributed substantially and materially to the preparation of this Agreement. Accordingly, this
Agreement shall not be construed more strictly against one Party than against another Party.
Section 8. CAPTIONS.
The headings or captions for the Paragraphs and Subparagraphs contained in this
Agreement are used for convenience and reference only, and do not, in themselves, have any legal
significance.
Section 9. COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same document.
Section 10. NO WAIVER OF REGULATORY AUTHORITY.
The DISTRICT acknowledges that nothing in this Agreement constitutes or is intended to
operate as a waiver of the CITY's regulatory authority or the application of any applicable laws,
rules or regulations. Furthermore, nothing in this Agreement operates to vest development rights
or entitlements, except, as specifically provided in Ordinance 2021-07.
Section 11. PUBLIC RECORDS.
The DISTRICT shall allow public access to all documents, papers, letters or other materials
subject to the provisions of Section 119.0701, Florida Statutes, and which have been made or
received by the DISTRICT in conjunction with this Agreement.
Section 12. DISCLAIMER OF THIRD PARTY BENEFICIARIES.
No right or cause of action shall accrue upon or by reason of this Agreement, to or for the
benefit of any third party not a formal party hereto, except any successors in interest of the
DISTRICT or CITY.
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Section 13. AMENDMENTS.
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 14. ASSIGNMENT.
The terms and conditions contained herein may be assigned by the DISTRICT to a Parcel
Developer within the DISTRICT or the Olympus Development in accordance with applicable law.
Section 15. LIMITATION ON GOVERNMENTAL LIABILITY.
Nothing in this Agreement shall be deemed as a waiver of either the CITY or DISTRICT's
sovereign immunity or either the CITY or DISTRICT's limits of liability as set forth in Section
768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of
any third party for the purpose of allowing any claim which would otherwise be barred under such
limitations of liability or by operation of law.
Section 16. STATEMENT REGARDING CHAPTER 287 REQUIREMENTS
The parties acknowledge that, in addition to all Laws and Regulations that apply to this
Agreement, the following provisions of Florida law ("Public Integrity Laws") apply to this
Agreement:
A. Section 287.133, Florida Statutes, titled Public entity crime; denial or revocation of
the right to transact business with public entities;
B. Section 287.134, Florida Statutes, titled Discrimination; denial or revocation of the
right to transact business with public entities;
C. Section 287.135, Florida Statutes, titled Prohibition against contracting with
scrutinized companies;
D. Section 287.137, Florida Statutes, titled Antitrust violations; denial or revocation of
the right to transact business with public entities; denial of economic benefits; and
E. Section 287.138, Florida Statutes, titled Contracting with entities offoreign countries
of concern prohibited.
The parties acknowledge that the Public Integrity Laws prohibit entities that meet certain criteria
from bidding on or entering into or renewing a contract with governmental entities, including with
the DISTRICT ("Prohibited Criteria").
The parties acknowledge that the DISTRICT may terminate this Agreement if the any party is found
to have met the Prohibited Criteria or violated the Public Integrity Laws.
The parties certify that in entering into this Agreement, neither it nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management
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of the entity, nor any affiliate of the entity, meets any of the Prohibited Criteria, and in the event such
status changes, the parties shall immediately notify the DISTRICT. By entering into this Agreement,
the parties agree that any renewal or extension of this Agreement shall be deemed a recertification of
such status.
Section 15. EFFECTIVE DATE.
The "Effective Date" of this Agreement shall be the date that the last party to executes it
as set forth below.
{Remainder of Page Intentionally Left Blank}
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IN WITNESS WHEREOF, the parties hucto have made and executed this Agreement on the
dates listed below.
DATED this day of _ Y I , 2025.
"CITY"
CITY OF CLERMONT
ATTEST:
Tracy Ackroyd Howe; liity Clerk
"DISTRICT"
OLYMPUS COMMUNITY DEVELOPMENT DISTRICT
Michael'J
Date: S
Jr., Chairman
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