Contract 2021-099AIN RE: SKORMAN ENTERPRISES, LLC
V.
CITY OF CLERMONT,
a Florida municipality
MEDIATION SETTLEMENT AGREEMENT
THIS MEDIATION SETTLEMENT AGREEMENT ("Agreement"), is entered into this 30 day of
April, 2021, by and between SKORMAN ENTERPRISES, LLC (hereinafter referred to as "PETITIONER")
and CITY OF CLERMONT, a Florida municipality (hereinafter referred to as "RESPONDENT").
WITNESSETH:
WHEREAS, the PETITIONER submitted applications to the City for a PUD zoning to permit a
204-unit multifamily development with a concurrent waiver to permit 13 feet of cut/fill over 10% of
the property (the "Project") located at Alt. Keys 1103908, 3801505 and 3815507 (the "Property");
WHEREAS, the PETITIONER received a staff recommendation for approval for the Project;
WHEREAS, the PETITIONER received a unanimous recommendation for approval from the
City's Planning and Zoning Commission hearing on February 2, 2021;
WHEREAS, PETITIONER received a 4-1 vote to deny the Project at the February 23, 2021 City
Council Hearing;
WHEREAS, the PETITIONER thereafter filed a request for relief pursuant to Fla. Stat. §
70.51(16)(a);
WHEREAS, PETITIONER and RESPONDENT held a mediation, pursuant to Fla. Stat. § 70.51, on
April 30, 2021, at the City of Clermont, City Council Chambers located at 685 West Montrose Street
in Clermont, Florida (the "Mediation");
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WHEREAS, the parties are desirous of amicably settling all questions relating to the Project
and addressing concerns raised at the City Council hearing;
WHEREAS, PETITIONER has retained and has been represented by legal counsel, TARA
TEDROW, Esquire;
WHEREAS, the RESPONDENT has retained and has been represented by legal counsel,
DEBORAH MITCHELL, Esquire;
WHEREAS, PETITIONER and RESPONDENT each believe this Agreement to be fair, just and
reasonable, and each is signing this Agreement freely and voluntarily;
WHEREAS, final approval of this Agreement is subject to review and approval by the City of
Clermont City Council at a public hearing;
NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual
covenants made by each party to the other herein, the parties agree to present the following to the
City Council for consideration of approval:
• The Property shall be developed as a 204-unit multifamily development with a concurrent
waiver to permit 13 feet of cut/fill over 10% of the Property;
• The Project will be a gated community;
• The primary full access entrance to the Project shall be off Hooks Street; though Project
signage shall be installed, per City code, at both Project entrances, the dominant Project
signage shall be at the Hooks Street Project entrance,
• In consideration of the traffic during the AM and PM school drop off and pick up hours,
the PETITIONER shall close access to Excalibur Road from 6:30-9am and 1-5:00pm EST
during the schools' academic calendar days for East Ridge Middle School and East Ridge
High School;
• All leases for units in the Project shall be for a minimum of one year;
• All tenants shall sign the attached Short Term Subletting or Rental Addendum (Exhibit
„A„
• All tenants shall undergo criminal background checks and successfully pass the same in
order to rent a unit;
• A six (6) foot decorative fence will be installed, per applicable City Code, along all Property
lines of the Project (the "Fencing");
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• In order to provide an additional visual buffer, a qualified landscape architect shall design
vegetative buffering, on the interior of the Fencing facing toward the Project, and such
buffering shall be located along the Project Property lines abutting the shared East Ridge
Middle School property lines;
• All access points to the Project shall be designed and constructed per applicable City and
Lake County codes.
PETITIONER shall timely submit a revised site and landscaping plan evidencing the applicable
terms above, at no cost to PETITIONER. PETITIONER shall pay the cost of advertising the new City
Council hearing date where this Agreement shall be presented to the City of Clermont City
Council for a public hearing.
PETITIONER shall not be heard by the Planning and Zoning Commission prior to this
Agreement being heard by the City Council. Both parties shall cooperate to schedule a hearing
at the earliest available City Council hearing date.
PETITIONER and RESPONDENT will bear their own costs and attorneys fees, except the cost
of the Mediation shall be shared equally by both parties.
Both PETITIONER and RESPONDENT each represent and understand that the mediator
Lewis Stone is a neutral third party in this case and each further represents that at all times the
mediator acted in a neutral, impartial and professional manner. PETITIONER and RESPONDENT
acknowledge mediator Lewis Stone has not given any legal advice during the mediation and each
are satisfied with the quality of services rendered by Lewis Stone as mediator. It is further agreed
that each party waives any and all claims that they may otherwise have against the mediator for
statements, conversations or conduct in connection with this Mediation and the mediation
process of this case.
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IN WITNESS WHEREOF, the parties hereto placed their hands and seals this 30 day of April,
2021.
PETITIONER:
SKORMAN ENTERPRISES, LLC
Kevin Skorman
Counsel for Petitioner:
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Tara Tedrow, Esquire
Florida Bar No.: 100411
215 N Eola Drive
Orlando, FL 32801
Phone: 407-418-6361
Fax: 407-423-4495
Email: Tara.Tedrow(@lowndes-law.com
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RESPONDENT:
CITY OF CLERMONT
Susan Dauderis
Counsel for Respondent:
De Beaubien, Simmons, Knight,
Mantzaris & Neal LLP
Deborah Mitchell, Esquire
Florida Bar No.: 806781
332 North Magnolia Ave
Orlando, FL 32801
Phone: 407-422-2454
Fax: 407-422-0970
Email: DMitchellPdsklawerouD.com
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1. DWELLING UNIT DESCRIPTION.
Unit Nov
Exhibit "A"
ADDENDUM PROHIBITING
SHORT-TERM SUBLETTING OR RENTAL
t86tsstMrltifa•xSllttinil
(street address) in
(cM, Flo rids fi* code).
2. LEASE CONTRACT DESCRIPTION.
Lease Contract Date!
Owner's name:
Residents (Lstallresidleim):
This Addendum constitutes an Addendum to the above
described Lease Contract for the above described premises,
and is hereby incorporated rote and made a part of such Lease
Contract Where the terms or conditions Found in this
Addendum vary or contradict any terms or conditions Found
In the Lease Contract, this Addendum shall central.
3. SHORT TERM SUBLEASE OR RENTING PROHIBITED
Without limiting the prohibition in the Lease on subletting,
assignment and licensing, and without limiting any of our
rights or remedie4 this Addendum to the Lease Further
supplements and defines the requirements and prohibitions
contained In the Lease Contract between you and us You are
hereby strictly prohibited from subletting, licensing, ar renting
to any third party, or allowing occupancy by any third party,
ofall cr any portion ofthe dwelling, whether for an overnight
use or duration of any lerigth, without our prior written
consent in each instance- This prohibition applies to overnight
stays or any other stays arranged on Airbnb-com, VRBO,
Craigslist Couchsurfing, HomeAway. VacationReirtal
TripAdvisor, FlipKey or any other advertising, websfte.
Internet listing service, o rother similar Internetsites.
4 PROHIBITION ON LISTING OR ADVERTISING DWELLING ON
OVERNIGHT SUBLETTING OR RENTING WEBSITES,
You agree not to lister advertise the dwelling as being available
For short term subletting er rental or occupancy by others on
Al rbnbcom, VRBO, Cra igsllst, Couchsurfing, HomeAway.
Vaeationitental TripAdAsar. FlipKey or any other advertising,
webslt4 internet, listing service, ar similar internet websites.
You agree that Usti ng o r advertisl ng the dwell I ng o n
Al i bnb corn, VRBO, Cra lgslist, Couchsurfl ng, Homekway,
VacationRental TripAdvisor. Flipl(ey or any other advertising.
welisite, internet listing service, or similar Internet websites
shall be a violation of this Addendum and a breach oFyour
Lease Contract.
S. VIOLATION OF LEASE AGREEMENT. Your Lease Contract
allows for use of your dwelling as a private residence only
and strictly prohibits conducting any kind of business In,
from, or involvingyour dwelling unless expressly permitted
bylaw. Separately, your Lease Contract prohibits subletting
o roccupancyby others o Fthe dwelling for any period of time
without our prior written consent Permittingyour dwelling
to be used for any subletting or rental or occupancy by others
[including, without Imitation, for a short term], regardless
oFtbe value ofconsideration received or ifno consideration
is received. Is a violation and breach of this Addendum and
your Lease Contract
6. REMEDY FOR VIOLATION. Any violation of this Addendum
constitutes a material violation of the Lease Contract, and as
such we mayexerclseanydefault remedies permitted In the
Lease Contract; including termination of your tenancy, in
accordance with local law. This clause shall not be interpreted
to restrict our rights to terminate your tenancy for any lawful
reason, or by any lawful method.
7. RESIDENT LIABILITY You are responsible far and shall
be held liable For any and all losses, damages, and/or fines
that we Jimuras a result of your violations of the terms of this
Addendum or the Lease Contract Further, you agree you are
responsible for and sba➢ be held liable For any and all actions
ofany persons) who occupy your dwell]ng in violationofthe
terms o Fthis Addendum or the Leass Contract including, but
not limited tq property damage, personal injury, disturbance
of other residents, and violence or attempted violence to
another person- In accordance with applicable law, without
limiting your liability you agree we shall have the right to
collect against any renters or liability insurance policy
maintained by you For any losses or damages that we incur
as the result ofanyviolation ofthe terms of thisAddendum.
& SEVERAB.B,ITY. IF any provision of this Addendum or
the Lease Contract is invalid or unenforceable under applicable
law,such provision shall be Ineffective to the extent of such
Invalidity or unenforceability only without Invalidating or
otherwise afFecting the remainder of this Addendum or the
Lease Contract The court shag Interpret the lease and
provisions herein in a manner such as to uphold the valid
portions ofthlsAddendum while preservingtbe intent oftbe
parties.
9. SPECIAL PROVISIONS. The following special provisions
control over conflicting provisions of this printed Form:
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