Contract 2018-92 IN RE: SALVATORE'S, INC.
Petitioner,
v.
CITY OF CLERMONT,
a Florida municipality
Respondent
MEDIATION SETTLEMENT AGREEMENT
THIS MEDIATION SETTLEMENT AGREEMENT, entered into this 29 day of November, 2018,
by and between SALVATORE'S, INC. (hereinafter referred to as "PETITIONER") and CITY OF
CLERMONT, a Florida municipality(hereinafter referred to as"RESPONDENT").
WITNESSETH:
WHEREAS,the PETITIONER filed a request for relief pursuant to Fla. Stat. § 70.51(16)(a),
WHEREAS, PETITIONER and City staff for RESPONDENT held a Mediation on
November 29, 2018, at the City of Clermont, City Council Chambers located at 685 West Montrose
Street in Clermont, Florida,
WHEREAS, the parties are desirous of amicably settling all questions relating to the
development of a gas station with convenience store at the property located at Parcel ID 24-22-25-
030000800100(the"Property"),
WHEREAS, PETITIONER has retained and has been represented by legal counsel TARA
TEDROW, Esquire,
WHEREAS, the RESPONDENT has retained and has been represented by legal counsel,
DEBORAH MITCHELL, Esquire,
NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual
covenants made by each party to the other herein, PETITIONER and City staff for RESPONDENT
agree that if PETITIONER resubmits the plans according to the terms set forth below, the City staff
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for RESPONDENT shall make a recommendation for approval of PETITIONER'S Conditional Use
Permit application. The relevant terms are as follows:
• The Property shall be developed with a convenience store and fueling station, to include
no more than twelve (12) fueling positions on six (6) gas station islands;
• The convenience store and fueling operations may be operated 24 hours/7 days a week;
• Delivery to the Property shall not occur during the hours between 12am and 5am;
• No high flow diesel sales shall be permitted;
• Directional signage shall be placed on site to direct vehicles to use 2nd Street as a means of
egress to SR 50;
• Impervious space on the corner of SR 50 and East Avenue shall be reduced to
accommodate additional green space for enhanced terrace landscaping;
• No overnight parking shall be permitted;
• The Property shall be accessed by a right-in only off of SR 50;
• The Property shall be accessed off of East Avenue by means of a right-in only(rather than
the PETITIONER'S requested full access onto East Avenue) (as further depicted on the
attached conceptual site plan);
•
• There shall be a new full access (ingress and egress) from the Property onto 2nd Street as a
means of mitigating vehicular traffic exiting the site onto East Avenue(as further depicted
on the attached conceptual site plan);
• There shall be a new full access(ingress and egress)from the Property onto Chestnut Street
as an additional means of mitigating vehicular traffic exiting the site onto East Avenue(as
further depicted on the attached conceptual site plan); and
• All other provisions set forth in the PETITIONER'S application for a Conditional Use
Permit, as submitted on March 21, 2018 to RESPONDENT, shall remain applicable to
PETITIONER'S development of the Property.
PETITIONER shall timely resubmit their application for a Conditional Use Permit with a revised
site plan and landscaping plan evidencing the terms above, at no additional applicant cost to
applicant. PETITIONER shall pay the cost of advertising the new City Council hearing date where
this Agreement shall be presented to the City of Clermont City Council for a public
hearing. PETITIONER's resubmitted application shall not be heard by the Planning & Zoning
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Commission prior to this Agreement being heard by the City Council. Both parties shall cooperate
to schedule a hearing at the earliest available City Council hearing date.
PETITIONER and RESPONDENT will bear their own costs, attorney's fees,and their equal
share of the mediator's fee incurred in this case.
PETITIONER and City staff for RESPONDENT each agree that both will execute any
documents, which are necessary to effectuate the intent and purposes of this Agreement. Final
approval of the resubmitted application will be subject to City Council approval.
This Agreement may be executed simultaneously in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Photocopies and facsimile signatures shall be considered as originals for purposes of
enforcement.
PETITIONER and City staff for RESPONDENT hereby further approve and acknowledge
that they fully understand the terms,covenants and provisions of this Agreement and believe its terms
to be fair,just and adequate and voluntarily accept such terms and condition.
Both PETITIONER and RESPONDENT each represent and understand that the mediator
Lewis Stone is a neutral third party in this case and each further represents that at all times the
mediator acted in a neutral,impartial and professional manner. PETITIONER and RESPONDENT
acknowledge mediator Lewis Stone has not given any legal advice during the mediation and each
are satisfied with the quality of services rendered by Lewis Stone as mediator. It is further agreed
that each party waives any and all claims that they may otherwise have against the mediator for
statements, conversations or conduct in connection with this mediation and the mediation process
of this case.
IN WITNESS WHEREOF, the parties hereto placed their hands and seals this 29 day of
November, 2018.
PETITIONER: RESPONDENT:
SALVATORE'S INC. CITY OF CLERMONT
Jean ' ri D •n ilay,City Ma ager
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Counsel for Petitioner: Counsel for Respondent:
Lowndes,Drosdick, Doster, Kantor & Reed, P.A. De Beaubien, Simmons, Knight,
Mantzaris & Neal LLP
Tara Tedrow, Esquire Deborah Mitchell, Esquire
Florida Bar No.: 100411 Florida Bar No.: 806781
215 N Eola Drive 332 North Magnolia Ave
Orlando, FL 32801 Orlando,FL 32801
Phone: 407-418-6361 Phone: 407-422-2454
Fax: 407-423-4495 Fax: 407-422-0970
Email: Tara.Tedrow@lowndes-law.com Email: DMitchell@dsklawgroup.com
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