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2015-09 This instrument prepared by and after recording return to Cecelia Bonifay Akerman LLP 420 South Orange Avenue Suite 1200 Orlando,Flonda 32801 [SPACE ABOVE THIS LINE FOR RECORDING DATA] SECOND AMENDMENT TO DEVELOPMENT ORDER FOR LOST LAKE RESERVE DEVELOPMENT OF REGIONAL IMPACT (CLERMONT, FL) WHEREAS, on November 26, 2002, the City of Clermont, Florida (the "City") adopted a Development Order for Lost Lake Reserve Development of Regional Impact (the "Development Order"); and WHEREAS, on March 23, 2010, the City adopted an Amended Development Order for Lost Lake Reserve Development of Regional Impact(the "Development Order"); and WHEREAS, Lerner Real Estate Advisors, a Flonda corporation ("Developer") is the developer of the Lost Lake Reserve Development of Regional Impact ("Lost Lake Reserve DRP") and has authority to file an application for an amendment to the Lost Lake Reserve DRI in accordance with Section 380.06, Florida Statutes; and WHEREAS, Developer submitted to the City and obtained approval for transportation mitigation proposed; and WHEREAS, all public hearings required by Section 380.06, Flonda Statutes, have been duly noticed and held, including, without limitation, a hearing before the City Council on January 27, 2015, at which the changes to the Development Order were adopted by the City as nonsubstantial changes to the Lost Lake Reserve DRI; {29812049,1} WHEREAS, Department of Economic Opportunity (DEO), the East Central Florida Regional Planning Council (ECFRPC), and the City have determined that' the proposed amendment is consistent with the State Comprehensive Plan, the report and recommendations of the ECFRPC, ECFRPC's Strategic Policy Plan, and the City's Comprehensive Policy Plan and land development regulations; and WHEREAS, the City has validly adopted this Second Amendment to Development Order for Lost Lake Reserve Development of Regional Impact ("Second Amendment") in order to evidence its approval of the proposed amendment. NOW THEREFORE, it is hereby Ordered and Resolved by the City of Clermont, Florida City Council; that the Lost Lake Reserve DRI shall be subject to the following: 1. Development of the Lost Lake Reserve DRI shall conform to the ADA and the conditions of approval set forth in the Development Order, as modified by this Second Amendment. Development based upon this approval shall comply with all other applicable federal, state and county laws, ordinances and regulations which are incorporated herein by this reference. 2. The Development Order is hereby modified to add the following language to Condition 24, adding a new subsection(e): Mitigation for the widening of Johns Lake Road from the Elementary School to N. Hancock Road, including bike lanes and sidewalks will be a single payment of$60,000, the estimated proportionate share for the traffic impact resulting from the Lost Lake DRI Phase II to project trips. The payment will be made in full within ten (10) days following the approval by the City of this Amendment to the Development Order. 3. This Second Amendment, and any subsequent amendments to the Development Order, shall be recorded by the Developer in accordance with Section 28.222, Florida Statutes, with the Clerk of the Circuit Court for Lake County, Florida, at the Developer's expense, {29812049,I) 2 immediately after the effective date of this Second Amendment. The recording of this Second Amendment shall not constitute a lien, cloud, or encumbrance on the Property, or actual or constructive notice of any such lien, cloud or encumbrance. 4. The Developer, by executing this Second Amendment, acknowledges that this Second Amendment and the Development Order are binding upon the Property, and that the conditions of approval contained herein apply to and control all further development of the DRI Property, and that the conditions of approval run with the land and are therefore applicable to and shall be complied with by any subsequent purchaser, owner or assignee of any portion of the DRI Property. 5. Development based upon this approval shall comply with all other applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent the applicable laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action of the City Council. 6. This Second Amendment shall take effect upon transmittal by First Class Certified U.S. Mail, return receipt requested, to the East Central Florida Regional Planning Council and the Department of Economic Opportunity. {29812049,1} 3 ADOPTED and approved subject to the conditions set forth herein on this 27th day of January, 2015. CLERMONT CITY COUNCIL, a .3 :� Municipality of the State of Florida 4, %. Bp,A;Z, , I, Gail L. Ash, Mayor ATTEST/ -, I' is4al/e/ i 0 J AP Tracy Ackroyd, MMC, City Clerk STATE OF FLORIDA COUNTY OF LAKE The forgoing instrument was acknowledged before me thiday of a-ski_____ , 2015, by GAIL L. ASH and TRACY ACKROYD, MAYOR and CITY C K, respectively, of the CITY OF CLERMONT, FLORIDA, who are personally known to me and they acknowledged executing the same freely and voluntanly under the authority vested in them and that the seal affixed thereto is the true and corporate seal of the CITY OFEetERMONT,,FLORID —DAL)/ Signature (- I ,\N 2621_& Printed or Typed Name Notary Public-State of Florida My Commission Expires: 41.Or DANIEL F MANTZARIS jr n Notary Public-State of Florida 1:, ' My Comm Expires Jul 2,2016 s Commission#EE 198813 ��'+.•• ,,,,, Bonded Through National Notary Assn. {29812049,1} 4