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1999-46 ..,. Docll 99070539 18&1: 9j,9p4'e539 Pages: 635 - 639 Filed & Recorded 08/26/99 08:53:19 Aft JAllES C. WATKINS CLERK OF CIRCUIT COURT LAKE COUNTY RECORDING $ TRUST FUND $ 21.00 3.00 : " . . ~ a 6? Q\e(ý)\QV\ t ¿~. ~tl~~~~I2.-02-\'\ CITY OF CLERMONT C,e( I DEVELOPER'S AGREEMENT , -, Ih TIllS AGREEMENT entered into and made as of the /"5 nfmy of '.J~i.JST , 1999, by and between the "CITY OF CLERMONT, FLORIDA" (hereinafter referred to as the "City"), and " . ç,";>1 ~ ~,~. 76 &-oÇ. ';Ie/' ~~ (hereinafter referred to as the "OwnerlDeveloper"). 5 Book 1746 Page 63 WITNESSTH 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. OwnershiD. 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. Plattinl!. The Owner/Developer shall plat or replat, as appropriate, the Subject Property prior to any sale, transfer, or hypothecation of any portion of the Subject Property, which subsequent sale, transfer or hypothecation shall be consistent with the plat or replat. The Owner/Developer . acknowledges and agrees that the proposals for said plat or replats shall be submitted to the City for review and approval, Said plats or replats shall require that each resulting property and associated infrastructure comply with the City's requirements for setbacks, ingress/egress, storm water management, utility operation and maintenance or other requirements established to encourage sound development. Appropriate documentation for the conveyance of utilities for City ownership and maintenance must be prepared at the sole expense of the Owner/Developer and will include, but are not limited to, the following: Bill of Sale, Easements. Page 1 - .". " '.' . . Book .6 Page 636 .' \' . Inspection test reports/results indicating satisfactory condition of the system, Itemized Costs of Construction. Maintenance Bond. Future Grant of Cross Access Easements. At such time that the Owner/Developer plats or replats the Subject Property or any portion thereof, or, prior to any sale, transfer, or hypothecation of any portion of the Subject Property the Owner/Developer acknowledges and agrees that it will grant, convey, and assign to the City full, free, and nonexclusive rights to travel, enter, exit, pass and/or repass, with or without vehicles, upon, over, and across, and all cross access easements determined appropriate by the City in the City's sole and absolute discretion. The granting, conveying and assigning of the easements shall be of form and substance acceptable to the City Engineer, the City Attorney, and the Owner/Developer, and shall be recorded in the Public Records of Lake County, Florida, Purpose of Future Cross Access Easements. The purpose for the cross access easements described in Paragraph three (3) above is to provide access to adjoining properties, It is the design and intention of the City to ensure that any and all properties resulting from a plat, replat, sale, transfer, or hypothecation of the Subject Property or a portion thereof, to have access to one or more of a limited number of curb cuts located on public roads. It is the design and intention of the City to connect the adjacent properties so as to limit the number of access points to and from public roadways and thereby reduce the congestion on such, and to facilitate the safe and orderly movement of vehicular traffic to and from the subject property by persons intending to conduct business with the establishments located thereon and adjacent thereto but not to create a public right-of-way. Implementation of Future Cross Access Easements. It is specifically acknowledged and agreed by and between the parties hereto that the City shall be entitled, but shall not be required, to implement the cross access easements, as described in Paragraph four (4) above, for the benefit of those desiring to access the Subject Property of adjacent or connected properties for the purpose of utilizing the facilities or development thereon, The City shall be entitled to connect the subject easement areas to any other easement areas, rights-of-way, or such other transportation facilities as the City shall determine, Construction. lnstallation and Maintenance of Future Cross Access Easement. At such time as the Owner/Developer grants, conveys and assigns to the City the cross access easements described in Paragraph three (3) above, it shall be the obligation of the Owner/Developer to construct, install and thereafter maintain the paved surfaces and other improvements on the above-described easement areas, so as to reasonably implement and facilitate the use of the easement areas for the easement purposes stated herein. Unified Ownership, The Owner/Developer or its heirs, successors, and assigns shall maintain unified ownership of the subject property until after the issuance of the Final Development Order Plat and Final Site Plan Development Order, 8. Phases of Development. The subject parcel is 3,52 acres of a larger j: 9 acre parent parcel (Attached hereto as EXHIBIT "B"). In order to provide for optimal access management, internal circulation, and stormwater management, etc" the entire j: 9 acre parent parcel is to be developed as a single, integrated project. No site plan for the subject parcel shall be approved unless it is integrated Page 2 . \ . '..' . Book .6 Page 637 f' , . . with uses on the remainder of the parent parcel. This does not preclude development of the subject property prior to approval of a site plan for the remainder of the parcel. Development of future phases of the project shall be approved pursuant to a conditional use permit. Conditions of the permit will include: provision of a traffic analysis, dedication of Oakley Seaver Blvd, right-of-way, and construction of Oakley Seaver Blvd. 9. Land Uses. Permitted land uses shall be developed as single tenant, stand-alone structures. The following land uses shall be allowed as permitted principal uses and structures along with their customary accessory uses and structures: BankslFinancial Institutions. Professional Office. Restaurants with drive-thru (other than fast food), General Retail- subject to approval by a conditional use permit (maximum 15,000 square feet). The following uses are prohibited - Service stations, convenience stores, Access and Transportation System Improvements. All access and transportation system improvements shall be provided in accordance with the City of Clermont Land Development Code, 11. Landscapine:. Landscaping shall exceed the requirements of the currently adopted land development regulations. Landscape plans shall be reviewed and approved by City staff. Recordine: 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. 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, 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, Captions. The captions used herein are for convenience only and shall not be relied upon Page 3 . . '. ., ' . Book .6 Page 638 ,. , . . , . in construing this Agreement and Grant of Easement. Bindine: 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 preparation of this Agreement in such amount to be determined by the City, 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. 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 parts of this Developer's Agreement, if the rights and obligations øfthe 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 THE PRESEN E OF: By:.f!gþ'~~ Slgnilture ì<.D'M4r g . K.~ , bef,'e/c(j(?(' . I Print or type name ~ty)~ Signature of Witness #2 \- ~ '"' à. 0.. YV\ o..~$. h .... \ \ Print or type name AS: Print or type ATTEST: Print or type name: AS: STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this \ ô~ day of A-t.AÕW;¡-\- 199 ~, by ~ 0 ~ ~ ~1ee..s e- and - respectively, of ~s~ \-e,t-. ~f>~ ' who ar<t.tfersonally known to !!l~or who have produced - identification and who did (did not) take an oath. ~~,.^ø(1o ~-.n ~ ~ II Patricia R Bender c-=. ~ ./ * * My CornmiøiOn 00&89027 Signature é" "}. ~~ expires Sep. 29. 2000 .,~ OF ,\,'0" Page 4 , ,.. t, " " ' , . . Book 846 Page 639 '-, " " .' ACCEPTED BY THE CITY OF CLERMONT Approved as to form and legality for use and reliance by the City of Clermont ~~ , arold S. Turville, Jr" Mayor .. , '", " "" '.. ' ,', "'. , , ',r);,i~;,~~;':""':'::', : , ,..'" ~ "C,,:"" ,"":\"\,,,,,10""'.' " ",' . ('\0'" 199:~r-. """0.-°>',(:."",,: ' ."1',,-, .' ED o. , ~ '.' :'~'~:..:'~"'~~ :",~¿":~ ~,"'.:. ~',' ' '::lJ;,":,:,'J'".:',:1,~~.' '0 '. '::; , ~, .:~'. "el')""" 1',......'-;' , '::::!:: ;,:'-,:~'~-"..,(.:.,-'~ ' ile, Citv'Glb'k'.\~'......:'" ::':';:.,' ,,'~-\J~ , r'o ";..;'¡;".....;:,:'" :~::: , ~O,"": OJ',;\~,''',,~~ -¡,,' " ,~ ,'. ,. ,".,),.. J' , '\'."J. ":"""":;-;..." "", ',' , """ 'v~,L¡," .","", ' '",:""";""",,,,",'" ':ç':'. . ~C.,:::-, ~'72s ~'- City Attorney ATT 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 ~ ~ r a day of "'... r C t.... 199 ~, by ~ r.( ~ S, T w , to ~ (/ e I fJc. l' : ... .~ a So r ,It e., II tJ.. 2: (~ , City Clerk of the City of Clermont, 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, ~~ Signature :::--------... (Notary Seal) ,ØjW1"~ l8Dnard H. BaIrd, Jr ~: :~ PM 00MMISSIœI , CC494658 EXPIRES ~ SøpIømbør 12, 1- 00 .w.~ IIONIJB 1IRI1RØI' FAIN IIIIIIIIWR,IC. Page 5