Contract 2021-045A#2021-045-A
GH RESIDENTIAL LLC, COMMUNITY BENEFIT AGREEMENT
THIS AGREEMENT is entered into as of the llth day of May 2021, between THE CITY OF
CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida
34711 (the "City"), and GH RESIDENTIAL, LLC, a Florida Limited Liability Company, whose mailing
address is 1200 Oakley Seaver Drive, Suite 203, Clermont, Florida 34711 (the "Owner").
RECITALS
Owner desires to develop approximately 0.31 acres of property currently located in the City of
Clermont, described and depicted in Exhibit "A" attached to and incorporated in this Agreement
(hereinafter referred to as the "Property").
2. The Property is currently zoned Central Business District "CBD."
3. Owner has filed an application for a rezoning to Planned Unit Development "PUD" for a mixed -use
residential and commercial project.
4. Owner has requested a density bonus in the project above the permitted 25 residential dwelling units
per acre.
5. Owner's application for PUD zoning indicates a residential density of 32.5 residential dwelling units
per acre.
6. Section 122-249 in the City's Land Development Code, Density Bonus Criteria, requires the Owner to
provide Density Bonus Elements in order to be considered for an increase above 25 dwelling units per
acre.
7. Owner has elected the Density Bonus Element of Public Parking as the justification for the density
bonus.
8. In order to receive the density bonus, the Owner will be obligated to fully fund the costs of nine (9)
public parking spaces along West Minneola Avenue as shown on Exhibit B: 3-23-21 Community
Benefit Purchased Parking. The cost of these spaces has been determined by the City to be $29, 286.00
(Twenty -Nine Thousand, Two -Hundred and Eighty -Six Dollars). The costs include and are not limited
to: surveying engineering, and construction and any other costs associated with the installation of these
spaces.
9. Owner acknowledges that the City will install the nine (9) public parking spaces at the time of the City's
streetscape project, which is anticipated to commence by September 27, 2021.
10. Owner shall pay the City in full within sixty (60) days from the date of the execution of this agreement
to ensure delivery and satisfaction of the Community Benefit Agreement. Failure to timely pay the
obligation shall render the density bonus null and void.
11. Owner understands the nine (9) parking spaces are not exclusive to the use of the proposed development
and that they will be available for use by the public with no limitation and may be used by the City for
any lawfully permitted activity within the public right-of-way, such as special events or other temporary
use.
12. Owner has the full power and authority to make, deliver, enter into and perform pursuant to the terms
and conditions of this Agreement and has taken all necessary action to authorize the execution, delivery,
and performance of the terms and conditions of this Agreement.
13. The City of Clermont has determined that the proposal for development of the Property represents,
among other things, an opportunity for the City to secure quality planning and growth and a
strengthened and revitalized tax base in the CBD.
ACCORDINGLY, in consideration of the mutual benefits and the public interest and other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by
reference, and form a material part of this Agreement. All exhibits to this Agreement are hereby deemed a
part thereof.
Section 2. Leeal Description / Ownership, The Property has approximately 0.31 acres of land
currently located in the City of Clermont, Lake County, Florida, described and depicted in Exhibit "A"
attached. The Property is owned by GH RESIDENTIAL, LLC, a Florida Limited Liability Company, whose
mailing address is 1200 Oakley Seaver Drive, Suite 203, Clermont, Florida 34711.
Section 3. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
Section 4. Amendment. Amendments to the provisions of this Agreement shall be made by the parties
only in writing by formal amendment and shall be presented and approved by City Council.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
Attest:
City Clerk
City Attorney
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
By: VJ[t
Name: 1 fY\ Urf-
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Date:
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Witnesses:
Name: % -4 e,
STATE OF FLORIDA
COUNTY OF Q
GH RESIDENTIAL, LLC,
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As its: Mana er
Date:
The foregoing instrument was acknowledged before me this 19, day of 3 4
2021, by Mark J. Graff on behalf of GH RESIDENTIAL LLC, a Florida Limited Liability
Company. He ' sonaiiy�o me or has produced (type of
identification) as identification and (did/did not) take an oath.
`ram d� �T er Signature of Nbtary Public
ASH LEYC. CORRIVEAU
G n .; MY COMMISSION # HH 080124�� Wei • b [ : .or: EXPIRES: Match 8, 2025
ewAW rnu Notary Public Undewricers Type or PrAt Name
My Commission Expires:
< 0 q,I Commission No. ii +� o0OI2'1J
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EXHIBIT "A"
LEGAL DESCRIPTION:
The South 30 feet of the West 1/2 of Lot 13, the West 1/2 of Lot 14, the South 30 feet of Lot 15, and all of
Lot 16, Block 93, THE CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat
Book 8, Page 17, Public Records of Lake County, Florida. AK 1615135 0.31 +/- Acres
EXHIBIT `B"
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9spaces x $3,254 = $29,286
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