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Contract 2022-184ACOMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the JL4"&y of C& 1ae .r 2022, by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and Pulte Home Company, LLC, a Michigan limited liability company, and any successors or assigns, whose mailing address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811 (the "Owner"). RECITALS A. Owner desires to develop approximately 303.50 +/- acres of property within the Wellness Way Area Plan located in Lake County, Florida, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). B. The Property is currently zoned Agriculture District "A". C. Owner has filed with the City an annexation application and a Planned Unit Development ("PUD") rezoning application for a mixed -use residential and non-residential project on the Property, as shown on the PUD, which will be developed in multiple phases (the "Project"). D. The City of Clermont Comprehensive Plan Policy 2.3.2 requires the Owner to provide an extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way in order to be considered for an increase up to 20% above 3.6 dwelling units per acre. E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner has requested a 20% density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an additional 142 residential dwelling units in the Project. F. The City has identified a new fire station as of the off -site public infrastructure within Wellness Way as the justification for the 20% density bonus. G. The City has determined that the extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way is Fifteen Thousand and No/100 Dollars ($15,000.00) for each additional residential dwelling unit to be allocated for a new fire station within Wellness Way. H. The City has determined that the proposal for development of the Property represents, among other things, an opportunity for the City to secure quality planning and growth in Wellness Way. NOW, THEREFORE, 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 Owner on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows: 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. 2. Legal Description. The Property described on Exhibit "A" attached hereto is subject to PUD Ordinance No. 2022-011 adopted by the City of Clermont City Council as of the date hereof, and Owner intends to develop a portion of such Property pursuant thereto. 3. Density Bonus. a. In order to receive the density bonus pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner will be obligated to make, at such time and in such amount as set forth in this Sections 3.b and 3.c below, a capital contribution to the City for construction of a new fire station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each of the 142 additional residential dwelling units (20% of the permitted 711 residential dwelling units) in excess of the permitted 711 residential dwelling units (with the aggregate contribution for all 142 units of TWO MILLION ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($2,130,000) being the "Density Bonus Contribution'). The Density Bonus Contribution for the fire station shall allocated by the City to the following costs to be incurred in connection with the construction of the fire station: surveying, design, engineering, and construction of the fire station and any other costs associated with the construction of the fire station. b. The Density Bonus Contribution shall be applied and the Density Bonus Contribution shall paid as follows: Payment Density # Amount on/before Bonus plat approval for initial phase 1 $435,000 of Project 29 1 year after 2 $435,000 Payment #1 29 1 year after 3 $435,000 Payment #2 29 1 year after 4 $435,000 Payment #3 29 5 $390,000 1/1/2028 26 Total DB Total $2,130,000 142 C. Owner shall be entitled to the density bonus corresponding to each of the installment payments as set forth above, as of the actual date of payment. Owner acknowledges and agrees that the Density Bonus Payment required hereunder shall be paid to the City in full as provided above, whether or not Owner avails itself of all of the 142 additional residential units. d. If Owner fails to timely pay any of the installments set forth in Section 3b above, Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not paid by Owner within such thirty (30) day period, then such failure to timely pay such portion of the Density Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event of default, City may withhold any and all building permits until such time as the Density Bonus Contribution has been paid in full; provided, however that upon payment of the Density Bonus Contribution in full, Owner shall be entitled to the entire density bonus for all 142 residential dwelling units. Nothing herein shall prohibit City from pursuing any and all remedies available in law or equity including, without limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement shall expire. e. This Agreement shall not prevent Owner from pursuing any other density bonus(es), including, without limitation, the density bonus pursuant to Policy 2.9.1 of the City of Clermont Comprehensive Plan, which provides that any funding provided by a landowner/developer to the County for acquisition of road right-of-way, including ponds, easements and trails, may be eligible for a density bonus of two (2) dwelling units per acre in addition to transportation impact fee credits, and provides for a density bonus of two (2) dwelling units per acre for right-of-way donated for arterial or collector roads. 4. Authoritv. 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. 5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page of this Agreement. 7. Amendment. Amendments to the provisions of this Agreement shall be made by the parties only in writing by formal amendment and shall be presented and approved by City Council. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. Attest: City Clerk Date: CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By: 'I 31-rq Name: (1 As its: Date: 1 0 " 11 - 2Q 212 (Signatures Continued on Next Page) Witnesses: STATE OF FLORID COUNTY OF LD- PULTE HOME COMPANY, LLC, a Michigan limited liability company By: Name: A" rrx-&A141c"!E2 Its: a12<gaC-- t,)Q Date: 19�� zG2Z The foregoing instrument was acknowledged before me by means of L9" hysical presence or ❑ online notarization, this � day of d-oc�0, 2022, by kq�On LL rct2 -e_ , as CA Lazed 1--%P—VX-10O1Y enk of Pulte Home Company. LLC a Michigan limited liability company, on behalf of said company. S H/ e [ ] is personally known to me or [ as produced FL. l�l. (type of identification) as identification. 1LC. Signature of Notary Public Seal dcolp- t'U15r1re wsk/j, Type or Print Name My Commission Expires: ( ) Commission No. 4-1 EXHIBIT "A" PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24, 20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. TOD7 THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND 5 THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OFTHE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEETTO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE L COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS