HomeMy WebLinkAboutContract 2025-078A 2025 - 078
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF CLERMONT("City")
and
PENLER CLERMONT LAKEFRONT OWNER,LLC ("Penler")
dated July 29,2024
WHEREAS, the City, Wolfe and Wallace Properties, Inc. and Wolfe & Wallace
Investments, LLC entered into that certain Amendment to the Community Benefit Agreement on
November 12, 2024("CBA");
WHEREAS, the CBA sets forth certain agreements among the parties related to
approximately 12.3 acres of property located in the City ("Subject Property") and zoned Planned
Unit Development("PUD")'
WHEREAS, a portion of the Subject property is now owned by Penler;
WHEREAS, the City has requested that Penler not construct a new paved parking areas
for the existing Row House as contemplated in the CBA;
WHEREAS, Penler is willing to accommodate the City's request consistent with the
following cooperation described below.
ACCORDINGLY,the City and Penler agree to the following:
(1) No Paving Row House Parking: Penler agrees to revise the City ROW Permit#25-073
to remove the proposed paved parking on the City's Row House property. In lieu of
paving, Penler will pay to the City the amount contemplated in section F5 of the CBA
of THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($325,000.00) no
later than the issuance of the Certificate of Occupancy for the second residential
building.
(2) Removal of Swales. Penler agrees to revise its St. Johns River Water Management
District("SJRWMD")permits to reduce the size of the stormwater swales on the Row
House property and relocate remaining swales away from the lakefront. Pending final
approval from SJRWMD, it is anticipated that the final location of the stormwater
swales will be substantially similar to the attached Exhibit"A".
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(3) Only City Stormwater Treatment in Row House Swales. The revision to the SJRWMD
permits will include the removal of stormwater treatment of Penler owned Property
occurring in the swale located on Row House property.
(4) Revision to SJRWMD Permits.Penler agrees to revise the SJRWMD Permits at its sole
expense. City agrees to cooperate as co-applicant as it impacts City owned property
and Right-of-Way and to provide any easements necessary.
(5) Short Street. Penler agrees to mill the asphalt of the vacated portion of Short Street.
Short Street will be backfilled and landscaped by a third party.The asphalt milling shall
begin at the north side of the existing Carroll Street and run to the northwest,
terminating at the existing paver driveway located at 1166 Short Street.
(6) Issuance of Permits. City agrees to continue to review plans and issue permits
submitted by Penler consistent with this Memorandum of Understanding and the CBA.
Except as clarifying Penler's obligations herein,the CBA and PUD remain unchanged and
is in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of
Understanding as of the date first above written.
"41CITY OF CLERMONT,FLORIDA
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CityCl k —gym Yr�Name: Il u y
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Date: 1 -2°► - 202G Date: ^] 2q ZO 25
PENLER CLERMONT LAKEFRONT
OWNER, LLC,a Delaware limited liability
company
By.
e: Brian Metzler
Title: Authorized Signatory
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EXHIBIT "A"
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