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2001-37 f, .' . ._ ' "' .¡ "' U'" II .1111 ñïìïïïìüliUïiñÎi·ñ;¡'·~;~:- J¡?rePàred by & CFN ~et~rn To. Teresa Studdard eoOeOOe531 ·Ci ty of Clermont g~T~05e Pgs 1904 - 1908. (5 P.O. Box 120219 J : 01/08/eooe 08.53.2 pgs) .. Clermont FL 34712-0219 CITY OF CLERMONT I AMES C. WATMINS, CLËRM ·0; AM , DEVELOPER'S AGREEMEl':A/Œ COUNTY COURT itECORDING FEES 21.00 . rRUST FUND 3.00 TIDS AGREEMENT entered into and made as of the 1114. day of ~ 2001, by and between the "CITY OF CLERMONT, FLORIDA" (hereinafter referred to as the "City"), and JOHN R. ROBBINS and MARJORIE S. ROBBINS, (hereinafter referred to collectively as the "Owner/Developer"). WITNESSETH WHEREAS, the Owner/Developer warrants that it holds legal title to the property described in Paragraph 1 (one) below and that the holders of any and all liens and encumbrances affecting such property will subordinate their interests to this Agreement; and WHEREAS, the Owner/Developer desires to facilitate the orderly development of the subject property, in compliance with the laws and regulations of the City, and of other governmental authorities, and the Owner/Developer desires to ensure that its development is compatible with other properties in the area and planned traffic patterns; and . WHEREAS, it is the purpose of this Agreement to clearly set forth the understanding and agreement of the parties concerning the matters contained herein; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Owners hiD. The Owner/Developer represents that it is the present owner of the following described property (hereinafter referred to as the "Subject Property"): Attached hereto as EXHIBIT "A" 2. Allowed Uses. Allowed uses for the Property shall be limited to those uses allowed in the C-l zoning district, except the following, which shall be prohibited: A. Dry Cleaners B. Liquor Store C. Lodge or Club D. Tattoo Parlor or Piercing Shop . 3. Access. Under no circumstances shall be Property be allowed a driveway or direct access to S.R. 50. Access shall be allowed from Fourth Street, and a secondary access may be allowed to Chestnut Street, pursuant to approval of the City. . o~- BO~~2052 PAGE 1905 -..# · 4. Access and Transportation Svstem Improvements. All access and transportation system improvements shall be provided in accordance with the City of Clermont Land Development Code. 5. Development Limitations for Lot 20. No structural development shall be allowed on Lot 20 of the subject property except for stormwater retention and treatment, landscaping, and parking. 6. Recording and Effective Date. This Development Agreement and all subsequent amendments shall be filed with the Clerk of the Court of Lake County, Florida, and recorded following execution of the document by the City Council, in the Official Records of Lake County, Florida. One copy of the document, bearing the book and page number of the Official Record in which the document was recorded, shall be submitted to the City of Clermont. The date of receipt of this document by the City shall constitute the effective date of the agreement. The applicant shall pay all legal and filing costs for recording documents. · 7. Compliance. The Owner/Developer agrees that it, and its successors and assigns, will abide by the provisions of this Agreement and the City's Land Development Code, including but not limited to, the site plan regulations of the City existing as of the date of this Agreement, which are incorporated herein by reference. Further, all required improvements, including landscaping, shall be continuously maintained by the Owner/Developer, or its successors and assigns, in first class workmanlike fashion so as to present a pleasing appearance and to ensure compliance with the City's Land Development Code. 8. Other City Approvals and Permits. The approval and execution of this Agreement by the City does not exempt the Owner/Developer of the Subject Property from obtaining any and all other approvals and permits necessary to obtain a Development Order and Building Permits for the development of the Subject Property. 9. Captions. The capti.ons used herein are for convenience only and shall not be relied upon in constructing this Agreement and Grant of Easement. 10. Bindinl! Effect. This Agreement shall run with the land, shall be binding upon and inure to the benefit of the Owner/Developer and its assigns and successors in interest, and the City and its assigns and successors in interest. The Owner/Developer agrees to pay the cost of recording this document in the Public Records of Lake County, Florida, and shall reimburse the City for the cost to prepare this Agreement. This Agreement does not, and is not intended to, prevent or impede the City from exercising its legislative authority as the same may affect the Subject Property. · 11. Severability. If any part of this Developer's Agreement is found invalid or unenforceable in any court, such invalidity or unenforceability shall not affect the other . . . ~ ~ OR BOOK &-- PAGE 1906 . -~--- -~------~ ----~--~ -- ---~~~ parts of this Developer's Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can be effected. To that end, this Developer's Agreement is declared severable. IN WITNESS WHEREOF, the Owner/Developer and the City have executed this Agreement as of the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~ p~ Sl ature ofWltness #1 Be. \ CÀ.(\~ e.. Pe,C'\ Print or type name ~im~ .:.r~\ M~ A56U.R¥ Print or type name JO~ BY: ~?.J Sl ture of Witness # 1 f BY: JQ ~ \(Ã.('\' l' 'Per- \ Print or type name s~~mess~ JÅ I mE: Pr58U.R.Y Print or type name STATE OF FLORIDA COUNTY OF LAKE ¿ _JJ-. J'he foregoing instrument was acknowledged before me this .l2.- day of ~, 2001, by JOHN R. ROBBINS and MARJORIE S. ROBBINS, · · · .. --.- OR BOOK 020. PAGE 1907 . ;}Specti~el))9 _ who are personally known to me or who have produced ~~ identification and who did (did not) take an oath. . . .., p .'. - ....,-..- , --. ~-r., SEAl. , . .. ,,111. /. ,\I.NAI<EA. !ò" ~(. . -- HUM"- I . _ - ". -. ,.. .-. DI:nI : ",- ;.. (:(~,. ,354 '7J '--':' -,,: _.ON ~ OF ( ;'- ·,_..:42003 ~¿/~ Signature ' . CITY OF CLERMONT: Date: ~ L7. 71T()1 ~ Harold S. Turville, Jr., Mayor ATTEST: ~ Qh E. Van Zile, City Clerk Mailing Address: City of Clermont 1 Westgate Plaza Clermont, Florida 34711 STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this 11"day ofOd-. , 2001, by 't\cwoid <;.-'¡:;rV'i Hi. T~ , and Joseph E. Van Zile, City Clerk of the City _ of Clern10nt, Florida, who are "personally known to me and they acknowledged executing the same freely'and voluntarily under authority vested in them and that the seal affixed thereto is the true and corporate seal of the City of Clermont, Florida. (Notary Seal) " 'ÆRESASTUDDARD ~ø MY COMMISSION' CC 948213 . EXPIRES: June 25, 2004 BondødTllftl NoIIIIyPubllc ~ . . , -~, . . .. . . --OR S.02052 PAGE 190a EXHmIT "A" Lots 17, 19 and 20, Block 28, of the City of Clermont, according to the plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida -less road rights-of-way.