2003-19
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Upon recording return to:
Department of Planning
City of Clermont
P.O. Box 120219
Clermont, Florida
DEVELOPER'S AGREEMENT FOR DEVELOPMENT ACTIVITIES RELATED
TO THE BRASHER PARCEL
This DEVELOPER'S AGREEMENT FOF\v¡- ~ð COMMERCIAL
DEVELOPMENT ("agreement") is entered this ~1+l day of ~~ 2003, by
and between Mary B, Brasher, and City of Clermont, Florida, a political
subdivision of the State of Florida ("City of Clermont")
WITNESSETH
WHEREAS, Mary B Brasher is the fee simple owner of the real property
located in the City of Clermont on the north side of State Highway 50, and more
particularly described as Lake Highlands Tract 10 and incorporated herein by this
reference (the "Property"); and
WHEREAS, 'The City of Clermont annexed the property on October 9,
1990; and
WHEREAS, The City of Clermont granted a Future land Use designation
of Residential Professional on August 1991 ;and
WHEREAS, The City of Clermont granted a residential zoning of Urban
Estate (UE) on August 1991; and
WHEREAS, The applicant is requesting a commercial district zoning to
allow retail sales and service needs of the community; and
WHEREAS, The City of Clermont granted a Small Scale Amendment to
change the Future land Use Designation to Commercial; and
WHEREAS, The City of Clermont granted C-2 Commercial District Zoning
on May 27,2003,
WHEREAS, the property owner desires to commence development.
WHEREAS, in order to facilitate the Proposed Development, the parties
desire to clarify the required development parameters for the parcel.
aö65-1~
WHEREAS, Florida Statutes, Section 163.3220 authorizes local
governments to enter into development agreements
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NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties, the parties agree as
follows:
1.
2.
RECITALS.
FINDINGS, It is hereby agreed that:
Allowed uses for the property shall be limited to those uses allowed
in C-2 district, except the following, which shall be prohibited:
Automotive service stations; convenience stores and gas stations;
automobile, truck, boat and farm equipments sales; major
equipment sales, manufactured housing sales, travel trailer and
recreational vehicle sales; residential storage warehouses,
3,
DEVELOPMENT TERMS.
a. The City of Clermont will make available water and sanitary sewer
to serve the site. The cost of connection to existing water and
sewer lines shall be borne by the developer.
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b. The property owner shall dedicate up to forty (40) feet of right-of-
way for the construction of a reverse frontage road on the north
property line the length of the subject property. The amount of
right-of-way to be dedicated will be based upon the amount
dedicated by other property owners along the roadway route.
Right-of-way dedication shall be provided prior to any construction
or development activity on the site. If it is determined in the future
that the right of way dedication is not needed, City staff may relieve
the property owner or developer from this requirement.
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c. Development of the property shall be subject to completion of the
City's commercial subdivision platting process, lots may be
combined, or the respective lot lines adjusted between such lots, by
recordation in the public records 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 p age number a f the Official 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.
d. Cross access shall be provided to the property to the west in order
to share a planned driveway from S.R. 50 into the Citrus Tower
Commercial Center.
e. Any development of this property shall include driveway access to
the planned frontage road,
f. All development shall be in accordance with Federal, State and City
Codes and Ordinances. The failure of this agreement to address a
particular permit, condition, term or restriction shall not relieve the
developer of the necessity of complying with the law governing
permitting requirements, conditions, terms or restrictions,
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4. DEFAULTS, In the event of default by any party hereunder, the
non-defaulting parties shall have the right to pursue any and all remedies
available to them either at law or in equity, or otherwise,
5. BINDING EFFECT. This agreement shall be binding upon and inure
to the benefit of the Developer and the City and their respective successors
and assigns, The terms and conditions of the Agreement shall burden,
benefit and shall run with title to the Property,
6. ENTIRE AGREEMENT This Agreement embodies and constitutes
the entire understanding of the parties with respect to the subject matters
addressed herein.
7, AMENDMENTS TO AGREEMENT No modification, amendment or
alteration or the terms or conditions contained herein shall be effective or
binding upon the parties hereto unless the same is contained in a written
instrument executed by the parties, with the same formality.
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8. RECORDING. This agreement shall be recorded in the public records of
Lake County, Florida within 14 days after signatures of agreement and
record the agreement with the clerk of the circuit court, A copy of the
recorded agreement shall be submitted to the state land-planning agency
within 14 days after it is recorded,
9. MISCEllANEOUS,
Effectiveness: This agreement shall not become effective until 31 days after
adoption of the Small Scale Amendment. If challenged within 30 days after
adoption, small scale development amendments s hall not become effective
until the state land planning agency or the Administrative Commission, issues
a final order determining the adopted small scale development amendment is
in compliance.
FindinQ. The development as permitted by this agreement is consistent with
the City of Clermont's Comprehensive Plan and land Development
Regulations.
AssiQnment.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first above written.
Witnesses:
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Print Name: LLu ~ n1.tí/1
:dtlM. ~
~Name: Jif£J~ ' 'e.\d
Mary Brasher
BY~~~
Name: /Iì/iRC¡ 8£.4S"IIE~
Title: OW Nt: IJI
Attest a~ and Fo~ ~
By: ~..
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City Attorney
CITY OF CLERMONT, FLORIDA
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State of Florida
County of Lake
The foregoing instrument was acknowledged before me this.:3 ð day
Of~././~<- ,20 O~ by, whom I personally know or who had
prJ?uced Ì).L Bb)'6~!è~-)f{~<?5oG- D , as identification and who did
~ or did not take an oath,
(SEAL)
ma (/ u : v4~
Notary Public (Si nature)
'G)1/J IY),lÎ ¡¡ U G+I 1£ SO : -"
Print or Type Notary Name ~-'" - - "
Commission (seal) Numb.ir-~"' 0 ~'- ~
My Commission Expires: 3",::?:j.OD,S"
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