Resolution No. 2022-021R(9.
�LER� N-r CITY OF CLERMONT
��;,,,,,�,� RESOLUTION NO.2022-021R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A BUILDING OVER
100,000 SQUARE FEET IN THE M-1 INDUSTRIAL ZONING DISTRICT;
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held July 5, 2022 recommended approval of this Conditional Use Permit to
allow for a building over 100,000 square feet in the M-1 Industrial zoning district; at the following
location:
LOCATION:
Senninger Irrigation
South end of Granville Avenue, south of SR 50
Alternate Key 1795044
WHEREAS, from the evidence presented at the public hearing and after consideration of
the factors set forth in Sec. 86-144 (d) of the Land Development Code, the city council finds, that:
(1) granting the conditional use permit will not adversely affect the officially adopted
comprehensive plan of the city; (2) such use will not be detrimental to the health, safety or general
welfare of persons residing or working in the vicinity; (3) the proposed use will comply with the
regulations and conditions specified in the codes for such use; and (4) the proposed use may be
considered desirable at the particular location
WHEREAS, the City Council determines that the application for a conditional use permit
meets the criteria set forth in the Land Development Regulations and otherwise it is in the interest
of the general welfare of the City of Clermont, Lake County, Florida, to grant this Conditional Use
Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida, that based on the findings stated above and incorporated herein:
This application for a Conditional Use Permit to allow for a building over 100,000 square feet in
the M-1 Industrial zoning district be granted subject to the following conditions:
SECTION 1: GENERAL CONDITIONS
I . The conditions as set forth in this Conditional Use Permit shall be legally binding upon any
heirs, assigns and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
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CITY OF CLERMONT
C d RESOLUTION NO.2022-021R
No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Code and those of other appropriate jurisdictional entities.
4. The Fire Inspector shall provide building inspections for life safety requirements and all
fire code regulations must be in compliance prior to the issuance of any Building Certificate
of Occupancy.
5. The Building Inspector shall inspect all structures and building for compliance and any
building code violations shall be corrected before the issuance of the Certificate of
Occupancy.
6. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of approval by the City Council or the permit shall become
null and void.
7. The Applicant shall record in the Public Records of Lake County within 90 days of its date
of approval by the City Council, a short -form version of this Conditional Use Permit as
provided by the City or a form acceptable to the City, to provide notice to all interested
parties, the assigns, successors and heirs of the developer/applicant and all future owners
of the above -referenced property that the real property described above is subject to the
terms and conditions of the Conditional Use Permit.
8. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may open the Conditional Use Permit for further conditions or revoke this
Conditional Use Permit by Resolution.
9. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and obtained a Local
Business Tax Receipt from the Clermont Development Services Department.
10. Should approved uses cease operation for more than 180 days, a new Conditional Use
Permit shall be required for the same or similar operations.
11. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director or authorized designee will work with the developer at the time of
site plan review to determine the extent of fiber optic conduit.
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CLE CITY OF CLERMONT
�.fU. RESOLUTION NO.2022-021R
12. The property shall be developed in substantial accordance with the Preliminary Site Plan
(Exhibit A) prepared by SK Consortium, Inc., dated 05/27/22. All new development and/or
changes to the subject property must submit for site plan approval by the Site Review
Committee prior to the issuance of a zoning clearance or other development permits. The
presentation site plan submitted with the Conditional Use Permit application is not the
approved and final construction plan. The presentation site plan does not grant any
development entitlements.
13. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date of issuance of this Conditional Use Permit. "Substantial
construction work" means the commencement and continuous prosecution of construction
of required improvements ultimately finalized at completion. Provided, however, in the
event that the grant of this permit is timely appealed, the date of issuance of this Conditional
Use Permit shall be the date of the decision upholding the grant of the permit.
SECTION 2: LAND USE
1. This Conditional Use Permit shall grant approval to allow for the construction of up to a
new 125,000 square foot industrial building to be used for administrative office,
manufacturing and warehouse use at the existing Senninger Irrigation facility.
2. The new building will be constructed in the specific location, as represented on the
Preliminary Site Plan (Exhibit A) prepared by SK Consortium, Inc., dated 05/27/22.
3. The new building shall be constructed in substantial accordance to the provided Sample
Elevations shown at the end of this Resolution (Exhibit B).
4. Building Setbacks, minimum, and Development Standards:
Front 25 feet from the property line
Side Setback 12 feet from the property line
Side Street 25 feet from the property line
Rear Setback 25 feet from the property line
5. By virtue of the transportation system needs in the area, the developer shall reserve a 100-
foot width right-of-way for Hooks Street along and within the project boundary, as
measured from Senningers north property line to the south, as directed by the final
engineering plans of Hooks Street. Additional non-exclusive easements necessary to
accommodate harmonizing grading, drainage, utilities, road, and road related easements;
not to exceed 20 feet in width south, adjacent and parallel, to the Hooks Street right-of-
way may also be required, and will also receive impact fee credits. This right-of-way,
wells, and easement shall be coordinated with Lake County for transportation impact fee
credits for the value of the reserved land and costs to relocate improvements, including the
wells, located within the 120' right-of-way and easement prior to building permit approval.
The total width of the Hooks Street right-of-way and non-exclusive easements is up to 120
foot in width. The right-of-way and non-exclusive easements shall be identified at
preliminary commercial site plan review and shown on the final plat/commercial site plan.
CITY OF CLERMONT
C� dO-vi" RESOLUTION NO.2022-021R
The developer shall coordinate with the County and the City on alignment and grading of
Hooks Street. The non-exclusive easement width may be lessened if shown not to be
needed with design plans approved by the County and the City. In order to prevent any
delay in developing the Property, should an agreement with Lake County for impact fee
credits not be finalized by the time building permits are pulled, the developer may proceed
with the development and pay the requisite impact fees in order to obtain the certificate of
occupancy for the improvements and receive refund of the impact fees paid upon
transferring the right-of-way and easement to the County. The dedication of the right-of-
way and easements is contingent upon the County's approval of the Developer's
Agreement substantially consistent with the Developer's Agreement attached to this
Resolution as Exhibit C.
6. The site shall be developed in accordance to the Clermont Land Development Regulations
and the provision of the M-1 Industrial Zoning district in the Land Development Codes.
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 5: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: PUBLICATION AND EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
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CLERWONT CITY OF CLERMONT
,- RESOLUTION NO. 2022-021R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Fl add, this 25th day of October 2022.
Y Y CITY OF CLERMONT
Tim Murry, yor
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
Approved as-t000rm and legality:
Attorney
CLEOON-r CITY OF CLERMONT
—� RESOLUTION NO.2022-021R
Exhibit A: Site Plan
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Zoomed in Area on Site Plan of Buildings:
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CITY OF CLERMONT
RESOLUTION NO.2022-021R
Exhibit B: Sample Elevations
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EXHIBIT C
RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT
FOR HOOKS STREET EXTENSION
THIS RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT
AGREEMENT FOR HOOKS STREET EXTENSION (the "Agreement") is entered into by
and between LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, (the
"County"), and SENNINGER IRRIGATION, INC., a Foreign Profit Corporation authorized to
do Business in Florida (hereafter "Grantor" and together with the County, the "Parties") with a
principal address of 1940 Diamond Street, San Marcos, California 92078.
WITNESSETH:
WHEREAS, Grantor owns approximately 31 acres of real property in Lake County,
Florida in the Clermont area, consisting of two parcels located on Granville Avenue (Alternate
Key Nos. 1795044 and 3913371) said property being more particularly described in Exhibit A,
attached hereto and incorporated by reference herein (the "Property"); and
WHEREAS, the County and the City of Clermont ("City") are coordinating for the
construction of Hooks Street in the area adjacent to the Property (the "Hooks Street Extension" as
illustrated on Exhibit B, attached hereto and incorporated by reference herein) and are in
agreement that it is in the public interest to move forward with this construction; and,
WHEREAS, Grantor applied for and received a Conditional Use Permit from the City
detailed in Resolution No. 2022-021R, attached hereto and incorporated herein as Exhibit C; and
WHEREAS, the Parties have identified a need to establish roadway improvements in order
to accommodate increased traffic demands anticipated as a result of population growth in Lake
County, Florida; and
WHEREAS, subject to the terms and conditions set forth herein, Grantor has agreed to
dedicate right of way and additional easements to County in a form acceptable to County to
accommodate the planned construction of the Hooks Street Extension; and
WHEREAS, County has agreed, pursuant to the terms of this Agreement, to provide
transportation impact fee credits for the appraised value of the dedicated right of way, as well as
to provide transportation impact fee credits to compensate for the cost of relocating the two wells
on Grantor's property currently within the proposed right of way to a location outside of the right
of way; and
WHEREAS, Section 22-39, Lake County Code, provides that in lieu of paying all or a part
of the transportation impact fees required for a given development, a Grantor may construct a road
improvement project and be given credit against the transportation impact fees otherwise due, with
the amount of the credit being based upon the actual cost of the road improvement project
including, but not necessarily limited to, the costs to acquire right-of-way, acquire easements,
design, engineer, permit and construct such improvements as well as the attendant stormwater
system necessary to address runoff from such road improvement project; and
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
WHEREAS, transportation impact fee credits may be given for "Non -Site -Related
Improvements," as defined in Section 22-4, Lake County Code; and
WHEREAS, subject to the terms and conditions set forth herein, Grantor has agreed to
dedicate the right of way and easements requested by County and at Grantor's sole expense to
relocate the existing wells within the proposed right of way at no cost to the County but instead in
exchange for transportation impact fee credits to be awarded by the County as provided herein.
NOW, THEREFORE, the County and the Grantor hereby agree as follows:
Section 1. Leeal Findings of Fact.
The foregoing recitals are hereby adopted as legislative findings of the Board of County
Commissioners and are ratified and confirmed as being true and correct and are hereby made a
specific part of this Agreement upon adoption hereof.
Section 2. Ripht of Way Dedication.
(a) Grantor, and its successors and assigns, will dedicate in a form acceptable
to the County the below -described right of way ("ROW") owned or acquired by Grantor, plus
related easements for drainage, grading and utility to extend Hooks Street. The County and the
Grantor agree that this obligation for ROW dedication will be assumed and assigned, in whole or
in part, to any subsequent purchaser of all or a portion of Grantor's Property. The ROW will be
dedicated to the County. The conveyance of said ROW shall be free and clear of all liens and
encumbrances.
(b) By virtue of the transportation system needs in the area, Grantor shall
reserve a 100-foot width right-of-way for Hooks Street along and within the project boundary, as
measured from Senninger's (Grantor's) north property line to the south, as directed by the final
engineering plans of Hooks Street. This right-of-way shall be coordinated with Lake County for
transportation impact fee credits for the value of the reserved land prior to site plan approval.
Additional non-exclusive easements necessary to accommodate harmonizing grading, drainage,
utilities, road, and road related easements; not to exceed 20 feet in width south, adjacent and
parallel, to the Hooks Street right-of-way may also be required, and also receive transportation
impact fee credits. The total width of the Hooks Street right of way and non-exclusive easements
is up to 120 foot in width. The right-of-way and non-exclusive easements shall be identified at
preliminary commercial site plan review and shown on the final plat/commercial site plan. The
developer and/or Grantor shall coordinate with the County and the City on alignment and grading
of Hooks Street as needed. The non-exclusive easement width may be lessened if shown not to be
needed with design plans approved by the County and the City.
(c) All ROW and Easements shall be dedicated to the County prior to
transportation impact fee credits being provided.
(d) Grantor's dedication of the Donated ROW shall be by special warranty deed
in a form reasonably prescribed by the County or by plat. The conveyance of the ROW shall be
free and clear of all liens and encumbrances except as approved by the County, and a certificate or
opinion of title from an attorney or title company evidencing the same shall be provided by Grantor
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
to the County upon delivery of the deed. In the event any utility, ingress or other easements need
to be relocated in order for Grantor to convey the ROW free and clear of liens and encumbrances
the cost of relocating same, if borne by Grantor, shall be reimbursed to Grantor with transportation
impact fee credits.
(e) All dedications shall be executed within six months of the signing of this
agreement. This time frame may be extended by mutual agreement in a signed writing.
Section 3. Relocation of Wells.
(a) The Grantor will permit the well abandonment and perform the actual well
abandonment of the two existing water wells located within the proposed Hooks Street Extension
ROW or easement within ninety (90) days of the date Grantor executes the deed for ROW to the
County pursuant to this Agreement. The time frame may be extended as long as both parties
agree to the extension in a signed writing in advance of the deadline elapsing. The extension can
be approved by the County's Public Works Director or designee and the Senninger signatory on
this agreement or their designee.
(b) Any new or replacement wells may be permitted and constructed by the
Grantor on the Grantor's property at any time. The Grantor is not required by this agreement to
replace wells.
(c) The Grantor shall be provided transportation impact fee credits for the
abandonment of the two existing wells and construction of new wells. The exact calculation of
the credit to be given will be based on the valuation provided in the Eminent Valuations Appraisal
Report dated October 13, 2022 ("Appraisal Report"). The summary of the values and cost to cure
estimates are contained in Exhibit D ("Cost Estimates"), attached and incorporated in this
Agreement.
Section 4. Stormwater Improvements.
(a) The County will be responsible for designing and constructing the
stormwater retention and/or detention ponds ("Ponds"), and related conveyance system to
accommodate the stormwater runoff from the Hooks Street Extension Project (collectively,
"Stormwater Improvements").
(b) The County will be responsible for designing and constructing the
stormwater retention and/or detention ponds ("Ponds") to replace the stormwater storage that
will be displaced by the construction of the Hooks Street Extension.
(c) The Grantor will be responsible for the design, permitting, and
construction of any new stormwater retention and/or detention ponds related to future
improvements to the Grantor's property. The Grantor may choose any permittable method to
achieve this goal. Two options are presented below.
(i) The Grantor can construct new stormwater ponds for the sole use of
the Grantor's site on the Grantor's property.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
(ii) The Grantor can seek to obtain written permission from
Waterbrooke HOA, Inc, the current owners of Alternate Key 3909845, to discharge the Grantor's
stormwater into the Waterbrooke HOA, Inc. stormwater system. The Grantor would be solely
responsible for any costs associated with updating the County's Hooks Street Extension plans to
incorporate the added stormwater. The Grantor would also pay for any differences between the
construction of the Hooks Street Extension Project and the Hooks Street Extension Project
including stormwater from the Grantors property. Such changes may include but are not limited
to, larger pipe sizes, larger drainage structures, deeper pipes, added pipe length. An engineer will
estimate the cost differences. The selected contractor will provide a price with and without the
Grantor's stormwater included. The difference will be paid in cash or check to the County from
the Grantor within 30 days of award of contract to the contractor. If the fee is not paid, any
transportation impact fees credits previously deposited will be frozen, until such time as the fees
are paid.
Section 5. Impact Fee Credits.
Grantor shall be entitled to transportation impact fee credits for the abandonment of the
two water wells, the construction of new or replacement well(s), the removal and replacement of
improvements located within the right of way dedicated and easements granted to the County
(collectively, the "Non -Site Related Improvements"), and the value of the right of way dedicated
and easements granted to the County. The cost to remove and replace the Non -Site Related
Improvements will be referred to as the "Cost to Cure."
The total transportation impact fee credits value is based on the valuations provided in
appraisal report prepared by Eminent Valuations dated October 13, 2022, which has been provided
to the County. The County has reviewed the Appraisal Report and agrees with the valuations.
(a) Non -Site Related Improvements. The estimated amount of transportation
impact fee credits available to the Grantor under the terms and conditions of this Agreement for
the Non -Site Related Improvements is $232,540.16, as provided in the Cost Estimates, Exhibit D.
(b) Land. Transportation impact fee credits shall be granted for the agreed -upon
value of $468,500.00 for the dedicated right of way and easements.
(c) Upon the granting of the transportation impact fee credits as set forth above,
the transportation impact fee credits shall be credited to the impact fee credit account in favor of
the Grantor in the estimated total amount of $701,040.16 as provided in the Cost Estimates.
Section 6. Term and Nature of Agreement.
Grantor and/or its successors or assigns shall take such actions as are necessary to
effectuate the intent of this Agreement. This Agreement shall terminate upon completion of the
roadway construction.
Section 7. Compliance with Laws and Regulation.
In performing pursuant to this Agreement, each party hereto shall abide by the respective
statutes, ordinances, rules and regulations pertaining to, or regulating, the acts of such party.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Section 8. Right of Access.
The Grantor, by virtue of this Agreement, grants a right of access to County to aid in
constructing the roadway ("Temporary Construction Easement"). The Temporary Construction
Easement shall not exceed 30-ft in width, running parallel to the right of way dedicated to the
County pursuant to this Agreement. The Temporary Construction Easement shall commence upon
the commencement of actual construction work (including but not limited to, grading, sodding,
pavement, stormwater, etc.) within the dedicated right of way and shall automatically expire upon
completion of the construction work within the dedicated right of way. Construction vehicles shall
not be staged or stored on the Grantor's remaining property.
County agrees to indemnify and hold Grantor harmless from and against any and all claims,
suits, losses, damages, costs or expenses of any kind or nature (including reasonable attorney's
fees and expenses) suffered by Grantor arising from the entry of County, its agents, employees and
contractors onto Grantor's Property; excepting, however, that Grantor shall not be indemnified or
held harmless from any loss or liability resulting from its own negligence or the negligence of
Grantor's contractors, agents or employees.
County, its agents, employees and contractors shall make reasonable efforts to not cause
any damage to Grantor's property (real or personal). Should County, its agents, employees or
contractors cause any damage to Grantor's property (real or personal), County shall replace the
damaged property with like in kind or better property or repair the property to similar or better
condition than prior to the damage.
County shall not permit any construction lien to be placed upon or against Grantor's
Property, and, in case of any such construction lien attaching, shall immediately pay and remove
the same. If any such construction liens are filed, and, thereafter County fails to pay and remove
the same within thirty (30) days of its actual notice that said lien has arisen, Grantor may, without
waiving any remedies available to it under the law, pay to have the lien removed. In such case,
County shall reimburse Grantor for any costs incurred by Grantor to remove the lien.
Section 9. Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and be deemed
to be delivered when (i) hand delivered to the official hereinafter designated, or (ii) three days after
the date on which deposited in the United States mail, postage prepaid, certified mail return receipt
requested, and addressed to a party at the address set forth below, or such other address as the party
shall have specified by written notice to the other party delivered in accordance herewith.
Grantor:
Senninger Irrigation, Inc.
Steve Abernethy, President
1940 Diamond Street
San Marcos, CA 92078
With copyto:
County:
Lake County, Florida
Attn: County Manager
P.O. Box 7800
Tavares, Florida 32778
With copy to:
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Senninger Irrigation, Inc.
13505 Granville Avenue
Clermont, FL 34711
Section 10. Counterparts.
Lake County Department of Public Works
Attn: Public Works Director
P.O. Box 7800
Tavares, Florida 32778
Lake County, Florida
Attn: Melanie Marsh, County Attorney
P.O. Box 7800
Tavares, FL 32778
This Agreement may be executed in any number of counterparts each of which when
executed and delivered, shall be an original, but all counterparts shall together constitute one and
the same instrument.
Section 11. Entire Agreement.
This Agreement constitutes the entire agreement of the Parties with respect to the subject
matter hereof and may not be modified or amended except by a written instrument equal in dignity
herewith and executed by the Parties to be bound thereby.
Section 12. Time is of the Essence.
Time is hereby declared of the essence as to the lawful performance of all duties and
obligations set forth in this Agreement.
Section 13. Non -Waiver.
No consent or waiver, expressed or implied, by either party, to or of any breach or default
of the other party, with regard to the performance by said other party of its obligations under this
Agreement shall be deemed or construed to constitute consent or waiver, to or of, any other breach
or default in the performance of that party, of the same or of any other objection of performance
incumbent upon that party. Failure on the part of either party to complain of any act or failure to
act on the part of the other party in default, irrespective of how long the failure continues, shall not
constitute a waiver by that party of its rights and any remedies that exist under this Agreement, at
law, or in equity.
Section 14. Construction of Agreement.
This Agreement shall not be construed against either party as the drafter of the Agreement.
The Parties agree that both herein played an equal part in negotiating the terms and conditions of
this Agreement. Captions and section headings in this Agreement are provided for convenience
only and shall not be deemed to explain, modify, amplify or aid in the interpretation, construction
or meaning of the Agreement.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Section 15. Public Records.
Pursuant to Section 119.0701, Florida Statutes, Grantor shall comply with the Florida
Public Records' laws, and shall:
(a) Keep and maintain public records required by the County to perform the
services identified herein.
(b) Upon request from the County's custodian of public records, provide the
County with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided for by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the agreement if the Grantor does not
transfer the records to the County.
(d) Upon completion of the agreement, transfer, at no cost, to the City or
County all public records in possession of the Grantor or keep and maintain public records required
by the County to perform the service. If Grantor transfers all public records to the City or County
upon completion of the agreement, Grantor shall destroy any duplicate public records that are
exempt, or confidential and exempt, from public records disclosure requirements. If Grantor keeps
and maintains public records upon completion of the agreement, Grantor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the County's custodian of public records, in a format that is
compatible with the information technology systems of the County.
IF THE GRANTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT LAKE COUNTY
PUBLIC WORKS, ATTN: FRED SCHNEIDER, P.O. BOX 7800, 350 N.
SINCLAIR AVE, TAVARES, LAKE COUNTY, FL, OR AT 352-253-6000 OR
VIA EMAIL AT FSCHNEIDER(ZMAKECOUNTYFL.GOV.
(e) Failure to comply with this subsection will be deemed a breach of the
contract and enforceable as set forth in Section 119.0701, Florida Statutes.
(f) Unless otherwise provided, Grantor shall maintain substantiating records as
required by the State of Florida, General Records Schedule GS1-SL ("Schedule") for State and
Local Government Agencies. If Grantor receives notification of a dispute or the commencement
of litigation regarding the Project within the time specified in the Schedule, the Grantor shall
continue to maintain all service records until final resolution of the dispute or litigation
Section 16. Records and Audits.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Grantor shall maintain in its place of business all books, documents, papers and other
evidence pertaining in any way to payments made pursuant to this Agreement. Such records shall
be available at the Grantors' place of business at all reasonable times during the term of this
Agreement and for ten (10) years from the date of final payment under this Agreement for audit
or inspection by the County upon five (5) business days prior written notice.
Section 17. Breach.
In the event of a breach hereof by either party hereto, then the other party hereto shall have
all rights and remedies allowed by law, including the right to specific performance of the
provisions hereof.
Section 18. Amendment.
This Agreement may only be amended by an instrument in writing executed by the Parties
hereto or their successors in interest.
Section 19. Severability.
If any part of this Agreement is found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this Agreement if the rights and obligations
of the Parties contained therein are not materially prejudiced and if the intentions of the Parties
can continue to be effectuated. To that end, this Agreement is declared severable.
Section 20. Assignment.
This Agreement and all the rights, obligations and responsibilities hereunder, shall be
assignable in whole or in part by Grantor without prior approval of County. In the event Grantor
assigns all or a portion of this Agreement, the Grantor will provide the County with written notice.
It is understood and agreed by the Parties that upon a complete assignment, the assignor shall be
fully released from any and all obligations and responsibilities arising under or attributable to the
Agreement.
Section 21. Disclaimer of Third -Party Beneficiaries.
No right or cause of action shall accrue upon or by reason of this Agreement, to or for the
benefit of any third party not a formal party hereto, except any successors in interest of the Grantor
or the County.
Section 22. Governing Law and Venue.
This Agreement shall be governed by and construed in accordance with laws of the State
of Florida. In the event of any legal action concerning this Agreement, venue shall be in a court of
competent jurisdiction in and for Lake County, Florida, and each Party shall be responsible for its
own attorneys' fees and costs.
Section 23. Land Use ADDrovals.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
This Agreement shall not be construed as granting or assuring or indicating any further
grant of any land use, zoning, subdivision, density or development approvals, permissions or rights
with respect to the Development Projects, nor shall this Agreement be deemed to reduce, eliminate,
derogate from, or otherwise adversely affect any such approvals, permissions or rights.
Section 24. Indemnity.
Grantor, its successors and assigns shall, to the fullest extent permitted by law, defend,
indemnify, and hold harmless the County, its officers, commissioners, agents, and employees from
and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses
(including attorneys' fees) for personal injury, bodily injury, property damage or other liability of
any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission relating to roadway construction and improvements provided under this
Agreement by the Grantor, its agents or employees, or any contractor employed by the Grantor, or
anyone directly or indirectly employed by them, or anyone for whose acts any of them may be
liable, excepting only those acts or omissions arising out of the sole negligence of the County, or
claims, asserted by third -party property owners for damages arising from the performance of the
obligations contained in this Agreement.
Section 25. Exhibit List. The following Exhibits are attached hereto and by this
reference made a part hereof:
Exhibit A:
Parcel Location
Exhibit B:
Hooks Street Extension
Exhibit C:
Resolution 2022-021R
Exhibit D:
Cost Estimates
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
IN WITNESS WHEREOF, the Parties have caused these presents to be executed as of
the date and year below written: County, through its Board of County Commissioners, signing by
and through its Chairman, and Grantor, through its/their duly authorized representatives.
GRANTOR
SENNINGER IRRIGATION INC
a Foreign Profit Corporation
Steve Abernethy, President
This day of 92022.
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
COUNTY
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Sean M. Parks, Chairman
This day of 12022.
ATTEST:
Gary J. Cooney, Clerk
Board of County Commissioners
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh, County Attorney
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Exhibit A
Parcel Location
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Owner: SENNINGER IRR GATION
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Exhibit B
Hooks Street Extension
Right of Way and Easement Concept Map and Alignment
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RIGHT OF WAY DEDICATION AND IMPACT FEE CREDIT AGREEMENT FOR HOOKS STREET EXTENSION
Exhibit C
Resolution 2022-021 R
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RIGHT OF WAY DEDICATION AND 111PACI' FEE CREDIT AGREEMENT FOR HooKs STREET EXTENSION
Exhibit D
Cost Estimate
Item
Right of Way
Easement
Land Value
$ 389,400.00
$ 79,100.00
Land for well
$ 1,530.00
Asphalt Work
$ 6,066.25
Landscaping
$ 2,415.00
Barrier post
$ 1,676.70
Chain link fence
$ 38,214.96
Rolling gate
$ 2,884.20
Utility pole
$ 5,037.00
Sign
$ 575.00
Abandon both wells
$ 30,751.00
6" well
$ 23,333.50
12" well
$ 57,753.00
Survey staking
$ 2,447.20
Curbing
$ 4,466.60
Tree buffer
$ 55,389.75
Sub Total
$ 621,940.16
$ 79,100.00
Grand Total
$ 701,040.16
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RETURN TO:
Rae Chidlow
City of Clermont
685 West Montrose St
Clermont, FL 34711
INSTRUMENT #2022154082
OR BK 6059 PG 549 - 550 (2 PGS)
DATE: 11/30/2022 2:50:30 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
RECORDING FEES $18.50
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit
adopted and approved by the Clermont City Council by Resolution No. 2022-021R and agreed to and
accepted by the undersigned developer/applicant as of October 25, 2022 with regard to the following
described real property:
LOCATION: South end of Granville Avenue
Alternate Key #1795044
and is for the purposes of providing notice to all interested parties, the assigns, successors and
heirs of the undersigned developer/applicant and all future owners of the above -referenced
property that the real property described above is subject to the terms and conditions of the above -
referenced Conditional Use Permit.
IN WITNESS WHEREOF, the undersigned has duly executed this Short Fonn Conditional Use
Permit as of the day set forth below.
Signed, sealed and delivered in the presence of
Of
Property Owner
54epke,+ AUtAr- i - Iree544 f
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF
Applicant
1 inneKi 4. wgensck c - ?a5t&t'
Printed Name and Title
I HEREBY CERTIFY that on this day of WNtp�,r , 2022, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared Vw_^ Nlocr A , who is personally known to me or who has
produced tr as identi cation, and who executed the foregoing
instrument, and who dia take an oath.
NOTARY PUBLIC
My commission expires:
QEBRA L. COLEMAN
�•�' 1=
Notary Public, State of Florida
+; W
My comet, expires Sept.15, 2024
°`��
Commission Number HH42721
I, the u rsign do hereby agree to each condition of this Conditional Use Permit.
�' Iun.22
(Applican Date
STATE OF FLORIDA
COUNTY OF
41 Y
c
ra
The foregoing instrument was acknowledged before me this 2-qday of
Q..
Q NDVG+MbI�( , 2022, by Kf an h q-WVXI ayM
(name of person acknowledgin
LISA MARIE SHIELD]2026
Notary Public . State of
PACSW�C_—�
Commission ✓t HH 23t My Comm. Expires Mar 5Bonded through National Nota
Pq
Signature of Notary Public
Whom is personally known to me or whom has produced a valid identification.
(Owner)
//- 0 9 - ;2
Date
STATE OF FLORIDA
COUNTY OF
W The foregoing instrument was acknowledged before me this_day of
c 0 ri o v �,n,1oe. r , 2022, by S3r&gdn .A Naer ne,�u
(Name of person acknowledging)
�0",..11* DEBRA L. COLEMAN
Notary Public, state of Florida
my comm. expires Sept.15, 2024
CommissionNumberHH42121
• � ~f`0°F`°e��
Signature of Notary Public ""
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on 1 I W - Zo Z Z
Y Date
a�
v City Clerk