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Ordinance No. 2023-026INSTRUMENT#: 2024022318 OR BK 6290 PG 254 PAGES: 18 2/27/2024 4:29:51 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $154.50 CITY OF CLERMONT C� ORDINANCE NO.2023-026 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida, hereby ordains that: SECTION 1: The Official Zoning Map of the City of Clermont, Lake County, Florida, referred to in Chapter 122 of Ordinance No. 289-C. Code of Ordinances, is hereby amended by rezoning the following described property: LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, l0, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143, 144, 145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89'29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89129'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89'29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0025'20" EAST ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89029'17" WEST ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET; INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 255 PAGE 2 of 18 CITY OF CLERMONT 0dadOw�p`u� C�ORDINANCE NO.2023-026 THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0022'36" EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF NORTH 00010'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL ANGLE OF 00023'41" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN SOUTH 89029'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY RUN NORTH 24020'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7041'47" EAST A DISTANCE OF 98.18 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A CHORD BEARING OF SOUTH 61010'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 6901118" EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION RUN SOUTH 30013'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING. THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS. LOCATION: 1000 Carroll Street (Wolfe & Wallace Investments, LLC) North of the W. Minneola Ave. and Lake Drive intersection, adjacent to Victory Pointe and South Lake Trail, and west of Lake Drive, including the requested vacated portion of Carroll Street and Lake Drive. (Alternate Key 1622581, 1622701, 1622719, 1622727, 1622743, 1622751, 1622760, 1622778, 3409736, 1815673, 1622735) Approx. 12.3 +/- Acres INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 256 PAGE 3 of 18 cLE ti N r- CITY OF CLERMONT ORDINANCE NO.2023-026 } W M(NNEOLA AVE c� T Renuested Action: Rezone property from Central Business District (CBD) to Planned Unit Development (PUD) for residential and non-residential uses consisting of multi -family apartments, retail, restaurant, and office uses SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a 392 multi -family residential units on the property described above (hereinafter the "Property") with up to 55,000 square feet of non-residential uses; be granted subject to the following conditions: The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with the Lumberyard District Rezoning Plan, prepared by Kimley-Horn dated November 15, 2023. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. 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 Regulations and those of other appropriate jurisdictional entities. 4. 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 will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 257 PAGE 4 of 18 A-W CITY OF CLERMONT %— ..0a ;; ORDINANCE NO.2023-026 5. Easements shall be provided to the City at no expense to the City authorizing the City's unrestricted access to any existing and proposed utilities that the City will own and maintain. 6. School concurrency shall be met before any final site plan approval that contains residential uses that will generate school age children in accordance with the Comprehensive Plan and Land Development Code. 7. All Fire Department Access for the Project shall be provided in Accordance with the Florida Fire Prevention Code. All Multi -family Buildings shall be provided with Fire Sprinklers. 8. Irrigation water shall be provided by a private well for all common areas and commercial sites throughout the project. 9. Irrigation and landscaping shall meet Florida Water Star requirements. Topsoil and/or soil amendments will be required prior to any landscape plantings to help reduce the irrigation needs to maintain healthy landscaping. Notice is hereby provided that specific standards relating to irrigation and landscaping are under development, and if adopted, shall apply to any undeveloped portions of this project. 10. The Developer shall be responsible for all costs of on -site and off -site utility improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the City to serve the property. 11. Any existing dedicated City of Clermont utilities must stay in service throughout construction unless service disruption is reviewed and approved by the City for temporary service pauses related to the construction of new utility infrastructure. This shall be coordinated and approved in writing from the City's Public Services Department Director or assignee. 12. No Certificate of Occupancy shall be issued until water and sewer improvements have been completed and accepted by the City. 13. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. 14. The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements. The Developer shall timely complete all required mitigation and other improvements as may be applicable. 15. The PUD meets the mandatory requirements through the waivers for residential develop- ment in the CBD and the density bonus criteria, as determined by City Council, as set forth in Section 125-375. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 258 PAGE 5 of 18 CITY OF CLERMONT ORDINANCE NO.2023-026 SECTION 3: LAND USES AND SPECIFIC CONDITIONS The project will be developed in multiple phases. The project will be vertically developed in two main phases. The Multifamily phase consisting of buildings 1-4 on 7.14 +/- acres will consist of 262 multi -family units. The density within this phase will be 36.7 dwelling units/acre. A density bonus of 84 units is being requested within this phase through the use of a Community Benefit Agreement (Attachment A). Buildings 5-10 will be con- structed in the second phase, Commercial phase, on 5.16 +/- acres with 130 multi -family units and 55,000 square feet of non-residential use. The density in this phase will be 25.2 dwelling units/acre. A bonus density of 1 unit is being requested within this phase and is included in the Community Benefit Agreement. 2. The project is being developed with 2 distinctive phases. Below are the phases with the specific requirements of each phase, as documented on the Lumberyard District Rezoning Plan, prepared by Kimley-Horn dated November 22, 2023, Attachment B. PROJECT STTE: �Ra1Ec* ^aT@ MULTFAMLY 7.14 ACRES COMMERCIa 5.15 AGES mcam"nONMJLM MILY: CAlC1AA D0MME32�CJ1E- YERCAL NN�LRNOt15 AREA: 4.i1 AC MULTFAAILY IMPERWOUS AREA 5.82 AC COMMOaaAL PERVIOUS ARE& O.I4 AC MULTIFAMILY PERVIOUS AREA- 1.32 AC MAnk" RR: I•DO PROPOSED ISR: 0." MAXIMUM ISR: 1.00 PROPOSED ISR: 0.82 DE11CRY 1ULW Y: PROPOSED MULTiAMR-1' DIIEUNC =2 UNITS UNITS 6"Wo OS fl-0k TOTAL (NITS: 262 WITS TOTAL AREA FOR DENSITY CN.0 ULATKp6: 7.14 ACRES CENTRAL BUSkESS DISTRICT (GOD) MAX: 40 DU/ACE (W7H AVAILABLE BONUS) MIN: N/A 262 UNITS/7.14 ACRES - 36 UNITS/ACRE MLJILTIFAMLY PARKM REQLWRElI gr& (1.25 SPACES/1 BEDROOM V" 1.25 SPACES X 197 UNITS - 247 SPACES (1.5 SPACES/2 BEDROOM UW*, 1.5 SPACES X 65 UNITS - 68 SPACES TOTAL SPACE REOVRED, 345 SPACES PROVQED FALTFAMILY PAMONG STANDARD SPACES (10'X20'k 137 SPACES COMPACT SPACES (I'X18'1. 186 SPACES PARALLEL SPACES (102J'): 14 SPACES ADA SPACES (12-=0 8 SPACES TOTAL SPACES PROPOSES 345 SPACES PLaL IM SETBACKS wcnFAMI.r: �y,AlA1f . SOUFT TT. BAu(k • O Fr/NA 84 rTT EAST (SIDE):0 FT/ NA 12 FT "E WEST (S0 FT/ NA IB FT LAN08C.APNWt-IFFERS AR LTFAWLY: AM PROPOSED &DSRYH FRONT): 10/15 F- 1a/15 FT VEST (SDEEk is FAT 15 FT SOUTH (BACK}. 10/15 FT* 10/15 FT 'ME LANDSCAPE BUFFER WHEN ADJACENT TO PUBUC RIGHT OF MAY IS MINIMUM 15 FT TWIN Bl00K, STONE, OR MASONRY WALL W/ TIEES OR SHRUBS OR 25' WITH EARTHEN BERM, TREES. AND CONTINUOUS HEDGE LANDSCAPE BUFFER NEWMEN ADJACENT PROPERTIES 15 10 FT. DENSITY COMMERCIAL: WLTFAMLY D"U'"C UNITS 1,o uIRS TOTAL MULTFAILY L M- 130 UNFTS 6UEDN0 p RETAL SPACE IT" F BIEEDNO 08 RETAIL SPACE 10.150 1F BUILDING " RETAL SPACE: 10.400 SF BLNJWG RD MAL SPACE 21.000 SF TOTAL COMMERCIAL SF- "100 SP TOTAL AREA FOR DDISTY CALCULATIONS: &IG ACRES CENTRAL BUSWSS D157RICT (CBC) MA): 40 DU/AGE (WITH AVNARIE 001AIS) W: N/A 130 CNITS/5.16 AMU - 25 LINTS/ACRE �OIWERCUS PARK\3 FMCI REMCMTS- TE CQAERCAL PORRW OF THIS SITE INCLUDES 130 MULTIFAMILY UMTS PROVIDED RRN A 4 97DRY LIVE -WORT( MULWPANLY BIRDN4 A 2 STORY MULIFAMILY BULONC ABOVE THE 10050 SF RETAIL BLILUFM AND A 4 STORY MULTFAMLY BULDNIC METAL PARSON REOLMIEIW NT: 1 SPACE/333 SF PROPOSED 2 STORY RETAIL (10.400 SF) - M SPACES PROPOSED 2 STORY RETAIL (21.000 W) - 03 SPACE PROPOSED I STORY RETAIL (10.15D SO - 30 6PACS COMMERCIAL SPACES REOIREED; 124 SPACES MLTFAWY PARKING 11ECRtE]EN15: (1.25 SPACES/i LEGROOM M67): 1.25 SPACES X I6 DWM = 123 SPACES (1.5 SPACES/2 BEDROOM L040 1.5 SPARS X 32 LN6TS - 40 SPACES YULTIFAMLY SIACE5-EQUNED: 172 SPACES r U17L SYAt7:S IEU ABED, 2IB 9PAACESI SMNDAAO SPACE (10'X2Nk 46 SPACES O011PACT SPACES (I"X16'T 63 SPACES PARALLEL SPARS (10745k 6 SPACES AADDAAASSPPA�CEER�(1s2i'CpO�'kyp' 6 SPACES RJ(AC sPIIQ� wi!FPib''Ls o� ws SPACES BUILDING SETBAONB COMMERCIAL: jw[yyX Qlme03n WORTH (F SOUTH {BADE} 0 FT// NA 14 R EAST (91E): 0 FT/ NA 24 FT (SID0.. 0 R/ NA 7 R SC.{o;�dO:ELF=LT.S CJE:'.?£RC'.4L: UK PRnPQ II (FRpN rr EAST(59— WEST (SDO 6 FRT tO R 10 SOR 10 FT SOUTH (BA-0' 20 FT20 R INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 259 PAGE 6 of 18 CLER0 I CITY OF CLERMONT ORDINANCE NO.2023-026 Prior to the first certificate of occupancy (CO), all the existing buildings onsite will be demolished and removed with mass grading of the site. In addition, the installation of the master utilities, street improvements, sidewalks and any other item listed in the Commu- nity Benefit Agreement, and any other utility/infrastructure needed to serve any building seeking a CO shall be completed and accepted by the City in writing prior to the first CO. 4. The Multifamily Phase buildings, 1-4, shall be constructed in a manner that closely re- sembles the architectural style and elevations as presented in Attachment C and shall meet the City of Clermont's Architectural Standards. 5. Prior to the permitting and construction of the Commercial Phase buildings, 5-10, the Applicant shall be required to present the architectural plans and phase before City Coun- cil for review and approval. The City Council may request modifications to ensure com- patibility within the site. 6. The maximum building height shall be up to 65 feet, measured at the highest point. An increase in the ratio of compact spaces (9' x 18') from 10% of the overall project up to 40% of the overall project may be used. 8. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 9. All internal streets will be privately owned and maintained by the owner and/or developer. This includes the vacated portion of Carroll Street and Lake Drive. 10. Reduced landscape islands, from 300 square feet to 200 square feet throughout the project and 160 square feet within areas of compact parking spaces may be used. 11. The removal of the requirement of construction material to be masonry or other non -wood material for the construction of the first floor of the buildings is allowed. 12. An improved pedestrian crossing will need to be installed by the Applicant crossing 12t' Street. Including the north and south side of Mineola Ave. This shall be coordinated with Lake County and the City of Clermont. 13. An improved trail crossing shall be installed at the access point across the South Lake Trail leading to the Rowing Boathouse parking lot. This crossing shall be upgraded to a "Case IV Major Side Street Crossing Near Intersection." Coordination and construction of this trail crossing shall be at the Applicant's expense and conducted through the City and Lake County Department of Public Works. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 260 PAGE 7 of 18 CLE_R� M1!!V 1 CITY OF CLERMONT ORDINANCE NO.2023-026 14. The Applicant shall be required to install the necessary turn lanes on 12' Street, as re- quired by Lake County Access Management. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 15. All leases for residential units in the project shall be for a minimum of six months on the initial lease term. 16. Upon the reconstruction and acceptance of Carroll St by the City, the owner shall dedicate the Carroll St. right-of-way to the city. This shall be dedicated and completed with the certificate of completion of the new lift station. 17. Internal streets connecting to the Row House shall be completed prior to any vertical con- struction (Timber Way, Oak Lane, Carroll St. and the un-named north south street be- tween) 18. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. 19. This Planned Unit Development shall become null and void if substantial construction work has not begun within two (2) years of the date that this Planned Unit Development is executed and signed by the permittee. "Substantial construction work" means the com- mencement and continuous prosecution of construction of required improvements ulti- mately finalized at completion. If the Planned Unit Development becomes null and void, the property will revert to the Central Business District (CBD) Zoning Designation. SECTION 4: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY Should any Section or part of this Section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 6: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or de- signee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 261 PAGE 8 of 18 C4E_ CITY OF CLERMONT %�_<ORDINANCE N0.2023-026 SECTION 7: RECORDING, This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the Applicant's expense. SECTION 8: PUBLICATION AND AN EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 262 PAGE 9 of 18 CITY OF CLERMONT ORDINANCE NO.2023-026 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 12`h day of December, 2023. CITY OF CLERMONT ............ Tim Murry, Mayor ATTEST: 4 Tracy Ackroyd Howe, MMC City Clerk Apjj roved as, fo�rrn and legality,, Daniel F. Mantzaris, City Attorney INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 263 PAGE 10 of 18 cLEAW CITY OF CLERMONT ORDINANCE NO.2023-026 ATTACHMENT A - COMMUNITY BENEFIT AGREEMENT INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 264 PAGE 11 of 18 COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement') is made and entered into as of the Q'01day of berp M bo_f 2023, by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City"), and WOLFE AND WALLACE PROPERTIES, INC, a Florida Profit Corporation, WOLFE & WALLACE INVESTMENTS, LLC, a Florida Limited Liability Company; whose mailing address is 995 W. Lakeshore Drive, Clermont, Florida 34711 (the "Owner"). RECITALS A. Owner desires to develop approximately 12.3 +/- acres of property, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). Owner is the fee simple owner of the Property and this shall be documented in a recent title report. B. The Property is currently zoned Central Business District "CBD". C. Owner has filed with the City a Planned Unit Development ("PUD") rezoning application for a mixed - use residential and non-residential project on the Property, as shown on the PUD, which will be developed in multiple phases (the "Project'). D. The City of Clermont Land Development Code, Section 125-375, allows an applicant (or Owner in this case) to request the use of a density bonus in the Central Business District by including a justification statement in the description of the project in their site plan application. A bonus shall not be considered an entitlement. E. The Owner has provided a justification statement in order to attain a density bonus above the permitted 25 dwelling units per acre, up to 32 dwelling units per acre, resulting in an additional 85 residential dwelling units in the Project. F. The Owner has listed the following items to be considered to attain the density bonus: Donation of approximately 17,200 square feet of land area to the City of Clermont for the relocation of a new City Lift Station #6 and City Right -of -Way. Based on the current contract price/fair market value of the $1.3 mm/AC, the value of this dedication is $513.315. Donation of approximately 1,800 square feet of land bordering the neighbors to the southwest to avoid any boundary issues. Based on the current contract/fair market value of $1.3mm/AC, the value of this donation is $53,719. 3. Construction of a new major City Lift Station #6 to current City Standards, including backup generator, RTU Tower, new interior access for vacuum/pumper truck, etc. The current station has limited access and newer equipment. Additionally, utility infrastructure improvement will include the construction of new 520 lineal feet of 8-inch PVC water main and 270 lineal feet of 8-inch PVC sewer main along Carroll Street from 12' Street to the Row House Entrance drive as proposed on the site plan. The cost of this lift station relocation and utility infrastructure is presently estimated at $850.000. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 265 PAGE 12 of 18 Construction of new 5-foot sidewalk along the east side of 121 Street from the southwest corner of the proposed development project to Carroll Street. The cost of approximately 2,400 square feet of sidewalk is presently estimated at $21,600. Construction of a new paved parking area for the existing Row House parking area as shown on the proposed plan. The area is expected to be 32,500 square feet and will provide sixty- four (64) — 10 feet by 30 feet parking spaces. A direct connection via future Carroll Street right-of-way will be established to the Row House area through the re -development of this project. The cost of this benefit at $10 per square foot of asphalt is presently estimated at 325.000. 6. Currently, two public roads, Carroll Street and Lake Drive, bisect the Project. These streets are in poor condition and the City of Clermont is expecting to have to spend a significant amount to mill the asphalt and repave. The Applicant proposes to repair and reconfigure these roadways (1,404 lineal feet X 24 feet wide) as part of the internal horizontal construction of the project, which will save the City of Clermont from paying for and completing this repair. This estimated cost is approximately $15 per square foot for a total estimated cost of $374.400. The sum of the total benefits provided is estimated to be $2.140.000. NOW, THEREFORE, 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 Owner on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows: 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. 2. Legal Description. The Property described on Exhibit "A" attached hereto is subject to PUD Ordinance No. 2023-025 adopted by the City of Clermont City Council as of the date hereof, and Owner intends to develop a portion of such Property pursuant thereto. 3. Densih Bonus. a. In order to receive the density bonus pursuant to the City of Clermont Land Development Code, Section 125-375, Owner will be obligated to make all the improvements listed in the justification statement and outlined in item F (1)-(6) above. b. if Owner fails to timely construct such improvements indicated in item F above, Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not constructed by Owner at the time of the first Certificate of Occupancy (CO), then such failure to timely construct such portion of the Density Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event of default, City may withhold any and all building permits until such time as the Density Bonus Contribution has been fully constructed in full. Nothing herein shall prohibit City from pursuing any and all remedies available in law or equity including, without limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement shall expire. 4. Authoriti . 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. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 266 PAGE 13 of 18 5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page of this Agreement. 7. 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. 8. Bindine Effect. This Agreement, once effective, shall run with the Property described herein and shall be binding upon and enforceable by and against the parties hereto and their beneficiaries, heirs, successors, and assigns. The City acknowledges and agrees that the Owner shall have the right to assign its rights and obligations under this Agreement to any of it successors, or assigns. 9. Termination. In the event that the PUD (Ordinance 2023-026) expires or is otherwise terminated, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation Attest: City Clerk Date: — 7�� By:. Name: �.,t. M Y�( _. L As its:�C Date:._ (Signatures Continued on Next Page) INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 267 PAGE 14 of 18 Witnesses: Signed, sealed and delivered in our presence: Name:, Name: ra t STATE OF FLORIDA COUNTY OF / ge— WOLFE AND WALLACE PROPERTIES, INC. Florida f9f Profit Corporation By: 0 C,'61¢&41 Name: -ah--9We&Q: Its: A4 a'i r Date: WOLFE & WALLACE INVESTMENTS, LLC Li 'ted�L�i�'abbiility Company By: Florida0//t�Y�!4'� Name: . as/. -a �fal�QeP Its: i,s�,,� e , - Date: 2/? 2 /1 y / The foregoing instrument was ack�towledged before rrt by means of Q physical presence or ❑ online notarization, this day of - ,r,�, 20:, , by 0-g� (o,"r , as r ! ofWolfe and Wallace Pronerties. INC. Florida Profit Comoration. on behalf of said company. S/He [his personally known to me or [ ] has produced (type of identification) as identification. Notary Public State of Florida Erin S Wysocki IIO My Commission HH 405765 Expires 6/412027 Seal STATE OF FLORIDA COUNTY OF -L , Signature of Notary Public Type or Print Name . My Commission Expires: �aw�a 2 7 Commission No. NJl NQ 7/ S- The foregoing instrument was ackn wledged before ��jjby mea s of [Tphysical presence or ❑ online notarization, this day of , 202,X,-6 as A. a1, , r of lfe and Wallace Investments. LLC. Florida Limited Liabilitv Comnanv. on behalf of said company. S/He [4is personally known to me or [ ] has produced (type of identification) as identification. Notary Public State of Florida Erin S Wysocki IIN My COmrelaalOn HH 405765 Expires 8/412027 Seal Signature of Notary PubYcc ,ram✓�' /' Type or Print Name j My Commission Expires: Commission No. TQ�z S f7MTa11M] INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 268 PAGE 15 of 18 EXHIBIT "A" LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143,144, 145, 146, 115, 117,118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89029'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89'29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0°25'20" EAST ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°29'17" WEST ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0°22'36" EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF NORTH 00°10'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL ANGLE OF 00°2341" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN SOUTH 89°29'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY RUN NORTH 24"20'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7°41'47" EAST A DISTANCE OF 98.18 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A CHORD BEARING OF SOUTH 61°10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69°11'18" INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 269 PAGE 16 of 18 EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION RUN SOUTH 30°13'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING. THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS. INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 270 PAGE 17 of 18 CLE fl�lY�fi2':r CITY OF CLERMONT ORDINANCE NO.2023-026 ATTACHMENT D - SITE PLANIPHASING PLAN A—L.. �...-- Via.,, 4 -�'xf EO31 Oii - - •ar.�rxvsaa- INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 271 PAGE 18 of 18 CITY OF CLERMONT ORDINANCE NO.2023-026 ATTACHMENT C — MULTIFAMLY BUILDINGS 1-4 SAMPLE ELEVATION (. Buildings 1 through 4 Y y Awl wf __ gar 01 mn}r all 1aA tamer , d' CLERMONT CITY OF CLERMONT ORDINANCE NO.2023-026 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida, hereby ordains that: SECTION 1: The Official Zoning Map of the City of Clermont, Lake County, Florida, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property: LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143, 144, 145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89"29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0025'20" EAST ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89029'17" WEST ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET; 6= CLERMONT CITY OF CLERMONT ����� ORDINANCE NO.2023-026 THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0022'36" EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF NORTH 00010'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL ANGLE OF 0002341" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN SOUTH 89029'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY RUN NORTH 24020'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7041'47" EAST A DISTANCE OF 98.18 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A CHORD BEARING OF SOUTH 61 ° 10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69011'18" EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION RUN SOUTH 30013'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0040'24" WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING. THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS. LOCATION: 1000 Carroll Street (Wolfe & Wallace Investments, LLC) North of the W. Minneola Ave. and Lake Drive intersection, adjacent to Victory Pointe and South Lake Trail, and west of Lake Drive, including the requested vacated portion of Carroll Street and Lake Drive. (Alternate Key 1622581, 1622701, 1622719, 1622727, 1622743, 1622751, 1622760, 1622778, 3409736, 1815673, 1622735) Approx. 12.3 +/- Acres d" CLERMONT �I�, H H N CITY OF CLERMONT ORDINANCE NO.2023-026 W MINNEOLA AVE Reauested Action: Rezone property from Central Business District (CBD) to Planned Unit Development (PUD) for residential and non-residential uses consisting of multi -family apartments, retail, restaurant, and office uses SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a 392 multi -family residential units on the property described above (hereinafter the "Property") with up to 55,000 square feet of non-residential uses; be granted subject to the following conditions: The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with the Lumberyard District Rezoning Plan, prepared by Kimley-Horn dated November 15, 2023. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 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 Regulations and those of other appropriate jurisdictional entities. 4. 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 will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. d' CLERMONT CITY OF CLERMONT ,_ -f ORDINANCE NO.2023-026 5. Easements shall be provided to the City at no expense to the City authorizing the City's unrestricted access to any existing and proposed utilities that the City will own and maintain. 6. School concurrency shall be met before any final site plan approval that contains residential uses that will generate school age children in accordance with the Comprehensive Plan and Land Development Code. 7. All Fire Department Access for the Project shall be provided in Accordance with the Florida Fire Prevention Code. All Multi -family Buildings shall be provided with Fire Sprinklers. 8. Irrigation water shall be provided by a private well for all common areas and commercial sites throughout the project. 9. Irrigation and landscaping shall meet Florida Water Star requirements. Topsoil and/or soil amendments will be required prior to any landscape plantings to help reduce the irrigation needs to maintain healthy landscaping. Notice is hereby provided that specific standards relating to irrigation and landscaping are under development, and if adopted, shall apply to any undeveloped portions of this project. 10. The Developer shall be responsible for all costs of on -site and off -site utility improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the City to serve the property. 11. Any existing dedicated City of Clermont utilities must stay in service throughout construction unless service disruption is reviewed and approved by the City for temporary service pauses related to the construction of new utility infrastructure. This shall be coordinated and approved in writing from the City's Public Services Department Director or assignee. 12. No Certificate of Occupancy shall be issued until water and sewer improvements have been completed and accepted by the City. 13. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. 14. The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements. The Developer shall timely complete all required mitigation and other improvements as may be applicable. 15. The PUD meets the mandatory requirements through the waivers for residential develop- ment in the CBD and the density bonus criteria, as determined by City Council, as set forth in Section 125-375. 6= CLERMONT CITY OF CLERMONT -�{ORDINANCE NO.2023-026 SECTION 3: LAND USES AND SPECIFIC CONDITIONS The project will be developed in multiple phases. The project will be vertically developed in two main phases. The Multifamily phase consisting of buildings 1-4 on 7.14 +/- acres will consist of 262 multi -family units. The density within this phase will be 36.7 dwelling units/acre. A density bonus of 84 units is being requested within this phase through the use of a Community Benefit Agreement (Attachment A). Buildings 5-10 will be con- structed in the second phase, Commercial phase, on 5.16 +/- acres with 130 multi -family units and 55,000 square feet of non-residential use. The density in this phase will be 25.2 dwelling units/acre. A bonus density of I unit is being requested within this phase and is included in the Community Benefit Agreement. 2. The project is being developed with 2 distinctive phases. Below are the phases with the specific requirements of each phase, as documented on the Lumberyard District Rezoning Plan, prepared by Kimley-Horn dated November 22, 2023, Attachment B. PROJECT SITE: PROJECT SITE: MULTFAM ILY 7.14 ACRES COMMERCIAL 5.16 ACRES ISR CALCULATION MULTIFAMILY' ISR CALCULATION COMMERICAL: COMMERCIAL IMPERVICUS AREA: 431 AC MULTIFAMILY IMPERVIOUS AREA: 5.82 AC COMMERCIAL PERVIOUS AREA: 0.84 AC MULTFAMILY PERVIOUS AREA: 1.32 AC MAXIMUM I5R: 1.00 PROPOSED ISW 0.84 MAXIMUM ISR: 1.00 PROPOSED ISR: 0.52 DENSITY COMMERCIAL: DENSITY MULTIFAMILY. MULTIFAMILY DWELLING UNITS 130 UNITS PROPOSED MULTIFAMILY DWELLING UNITS (BUILDINGS fl-f4} 252 UNITS (BUILDINGS J6 h l7): TOTAL MULTIFAMILY UNITS 130 UNITS TOTAL UNITS: 262 UNITS BUILDING JU RETAIL SPACE: 11,550 SF BUILDING/B RETAIL SPACE 10,150 SF BUILDING 09 RETAIL SPACE; 10,4DO SF TOTAL AREA FOR DENSITY CALCULATIONS- 7,14 ACRES BULDNG #10 RETAIL SPACE: 21,0DO SF CENTRAL BUSINESS DISTRICT (COD) TOTAL COMMERCIAL SF: 53, 100 SF TOTAL AREA FOR DENSITY CALCULATIONS: 5.t6 ACRES MAX: 40 DU/ACRE (PATH AVAILABLE BONUS) MIN: N/A CENTRAL BUSINESS DISTRICT (GRIT) 262 UNITS/7.14 ACRES = 36 UNITS/ACRE MAX: 40 DU/ACRE (PATH AVAILABLE BONUS) MN: N/A 130 UNITS/5A6 ACRES = 26 UNITS/ACRE MULTIFAMILY PARKING REQUIREMENTS: COMMERCIAL PARKING REOI IIRFMFNTC (1.25 SPACES/i BEDROOM UNIT): THE COMMERCIAL PORTION OF THIS SITE INCLUDES 130 1.25 SPACES X 197 UNITS = 247 SPACES MU.TFAIILY TINTS PROVIDED WITHIN A 4 STORY UVE-WORK (1.5 SPACES/2 BEDROOM UNIT): MULTIFAMILY BUILDING, A 2 STORY MULTIFAMILY BUILDING ABOVE THE 10,150 SF RETAIL BUILDING, AND A 4 STDRY 1.5 SPACES X 65 UNITS = 98 SPACES MULTIFAMILY BUILDING TOTAL SPACES REQUIRED: 345 SPACES RETAIL PARKING REQUIREMENT: 1 SPACE/333 SF PROVIDED MULTIFAMILY PARKING PROPOSED 2 STORY RETAIL (10,400 SF) - 31 SPACES PROPOSED 2 STORY RETAIL (21,D00 SF) - 63 SPACES STANDARD SPACES (10'X20'): 137 SPACES PROPOSED 1 STORY RETAIL (10,150 SF) - 30 SPACES COMPACT SPACES (9'X1B'): IN SPACES COMMERCIAL SPACES REOUIRETY. 124 SPACES PARALLEL SPACES (10'X23'): 14 SPACES MULTIFAMILY PARKNG REQUIREMENTS: ADA SPACES (12120'): 8 SPACES (1.25 SPACES/I BEDROOM UNIT) - TOTAL SPACES PROPOSED: 345 SPACES 1.25 SPACES X 96 UNITS 123 SPACES (1.5 SPACES/2 BEDROOM UNIT): 1.3 SPACES X 32 UNITS - 49 SPACES BUILDING SETBACKS MULTIFAMILY: MULTIFAMILY SPACES REQUIRED: 172 SPACES MIN /MAX PROPOSED ITOTAL SPACES REQUIRED: 296 SPACESI NORTH FRONT): 0 FT/ NA 19 FT SOUTH BACK): 0 FT/ NA 84 FT PROVIDED COMMERCIAL PARKING EAST (SIDE): 0 FT/ NA 12 FT STANDARD SPACES (1020'} 46 SPACES WEST 0 FT/ 18 FT COMPACT SPACES (9VW): 63 SPACES (SIDE): NA PARALLEL SPACES (10'X23'): 6 SPACES ADA SPACES (12'X201: 6 SPACES LANDSCAPINGJBUFFERSMULTIFAMILY. AR GAGE SPACES 001(209: ISD SPACES MPl PROPOSFO TOTAL SPACES PROPOSED: 303 SPACES NORTH (FRONT): 10/15 FT- 10/15 FT BUILDING SETBACKS COMMERCIAL EAST (SIDE): 10 FT 10 FT MIN/MAX PROPOSED WEST (SIDE): 15 FT 15 FT SOUTH (BACK): 10/15 FT- 10/15 FT ( NA ii 'THE LANDSCAPE BUFFER WHEN ADJACENT TO PUBLIC RIGHT SSOOUTTHH tB�})� 0 FT/ NA FT EAST (SIDE): 0 FT/ NA 24 FT OF WAY IS MINIMUM 15 FT WITH BRICK, STONE. OR MASONRY WEST (SIDE): 0 FT/ NA 7 FT WALL W/ TREES OR SHRUBS OR 25' WITH EARTHEN BERM, LANDSC'APINGABUFFERS COMMERCIAL - TREES. AND CONTINUOUS HEDGE, Im PROPOSED LANDSCAPE BUFFER BETWEEN ADJACENT PROPERTIES IS 10 NORTH R�»; 10 fT 10 FT FT. EAST (SIDE): 10 FT 15 FT WEST (SIDE} 10 FT 10 FT SOUTH (BACK): 20 FT 20 FT d= CLERMONT CITY OF CLERMONT ORDINANCE NO.2023-026 3. Prior to the first certificate of occupancy (CO), all the existing buildings onsite will be demolished and removed with mass grading of the site. In addition, the installation of the master utilities, street improvements, sidewalks and any other item listed in the Commu- nity Benefit Agreement, and any other utility/infrastructure needed to serve any building seeking a CO shall be completed and accepted by the City in writing prior to the first CO. 4. The Multifamily Phase buildings, 1-4, shall be constructed in a manner that closely re- sembles the architectural style and elevations as presented in Attachment C and shall meet the City of Clermont's Architectural Standards. 5. Prior to the permitting and construction of the Commercial Phase buildings, 5-10, the Applicant shall be required to present the architectural plans and phase before City Coun- cil for review and approval. The City Council may request modifications to ensure com- patibility within the site. 6. The maximum building height shall be up to 65 feet, measured at the highest point. 7. An increase in the ratio of compact spaces (9' x 18') from 10% of the overall project up to 40% of the overall project may be used. 8. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 9. All internal streets will be privately owned and maintained by the owner and/or developer. This includes the vacated portion of Carroll Street and Lake Drive. 10. Reduced landscape islands, from 300 square feet to 200 square feet throughout the project and 160 square feet within areas of compact parking spaces may be used. 11. The removal of the requirement of construction material to be masonry or other non -wood material for the construction of the first floor of the buildings is allowed. 12. An improved pedestrian crossing will need to be installed by the Applicant crossing 12t' Street. Including the north and south side of Minneola Ave. This shall be coordinated with Lake County and the City of Clermont. 13. An improved trail crossing shall be installed at the access point across the South Lake Trail leading to the Rowing Boathouse parking lot. This crossing shall be upgraded to a "Case IV Major Side Street Crossing Near Intersection." Coordination and construction of this trail crossing shall be at the Applicant's expense and conducted through the City and Lake County Department of Public Works. d= CLERWONT CITY OF CLERMONT ORDINANCE NO.2023-026 14. The Applicant shall be required to install the necessary turn lanes on 12a' Street, as re- quired by Lake County Access Management. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 15. All leases for residential units in the project shall be for a minimum of six months on the initial lease term. 16. Upon the reconstruction and acceptance of Carroll St by the City, the owner shall dedicate the Carroll St. right-of-way to the city. This shall be dedicated and completed with the certificate of completion of the new lift station. 17. Internal streets connecting to the Row House shall be completed prior to any vertical con- struction (Timber Way, Oak Lane, Carroll St. and the un-named north south street be- tween) 18. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. 19. This Planned Unit Development shall become null and void if substantial construction work has not begun within two (2) years of the date that this Planned Unit Development is executed and signed by the permittee. "Substantial construction work" means the com- mencement and continuous prosecution of construction of required improvements ulti- mately finalized at completion. If the Planned Unit Development becomes null and void, the property will revert to the Central Business District (CBD) Zoning Designation. SECTION 4: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY Should any Section or part of this Section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 6: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or de- signee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. 6= CLERMONT CITY OF CLERMONT -:- 5d«'�- ORDINANCE NO.2023-026 SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the Applicant's expense. SECTION 8: PUBLICATION AND AN EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. CLE1 IONT CITY OF CLERMONT ORDINANCE NO.2023-026 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 12ffi day of December, 2023. CITY OF CLERMONT Tim Murry, Mayor ATTEST: Tracy Ackroyd Howe, MMC City Clerk Ap . ro ed as t and 1 g ty� Daniel F. Mantzaris, City Attorney CLOWONT CITY OF CLERMONT �a�- ORDINANCE NO.2023-026 ATTACHMENT A — COMMUNITY BENEFIT AGREEMENT COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement') is made and entered into as of the 0'4*1day of bew.mbor 2023, by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City"), and WOLFE AND WALLACE PROPERTIES, INC, a Florida Profit Corporation, WOLFE & WALLACE INVESTMENTS, LLC, a Florida Limited Liability Company; whose mailing address is 995 W. Lakeshore Drive, Clermont, Florida 34711 (the "Owner"). RECITALS A. Owner desires to develop approximately 12.3 +/- acres of property, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). Owner is the fee simple owner of the Property and this shall be documented in a recent title report. B. The Property is currently zoned Central Business District "CBD". C. Owner has filed with the City a Planned Unit Development ("PUD") rezoning application for a mixed - use residential and non-residential project on the Property, as shown on the PUD, which will be developed in multiple phases (the "Project'). D. The City of Clermont Land Development Code, Section 125-375, allows an applicant (or Owner in this case) to request the use of a density bonus in the Central Business District by including a justification statement in the description of the project in their site plan application. A bonus shall not be considered an entitlement. E. The Owner has provided a justification statement in order to attain a density bonus above the permitted 25 dwelling units per acre, up to 32 dwelling units per acre, resulting in an additional 85 residential dwelling units in the Project. F. The Owner has listed the following items to be considered to attain the density bonus: 1. Donation of approximately 17,200 square feet of land area to the City of Clermont for the relocation of a new City Lift Station #6 and City Right -of -Way. Based on the current contract price/fair market value of the $1.3 mm/AC, the value of this dedication is $513.3IS. 2. Donation of approximately 1,800 square feet of land bordering the neighbors to the southwest to avoid any boundary issues. Based on the current contract/fair market value of $1.3mm/AC, the value of this donation is $53.719. 3. Construction of a new major City Lift Station #6 to current City Standards, including backup generator, RTU Tower, new interior access for vacuum/pumper truck, etc. The current station has limited access and newer equipment. Additionally, utility infrastructure improvement will include the construction of new 520 lineal feet of 8-inch PVC water main and 270 lineal feet of 8-inch PVC sewer main along Carroll Street from 121 Street to the Row House Entrance drive as proposed on the site plan. The cost of this lift station relocation and utility infrastructure is presently estimated at $850.000. 4. Construction of new 5-foot sidewalk along the east side of 121 Street from the southwest corner of the proposed development project to Carroll Street. The cost of approximately 2,400 square feet of sidewalk is presently estimated at $21.600. 5. Construction of a new paved parking area for the existing Row House parking area as shown on the proposed plan. The area is expected to be 32,500 square feet and will provide sixty- four (64) — 10 feet by 30 feet parking spaces. A direct connection via future Carroll Street right-of-way will be established to the Row House area through the re -development of this project. The cost of this benefit at $10 per square foot of asphalt is presently estimated at $325.000. 6. Currently, two public roads, Carroll Street and Lake Drive, bisect the Project. These streets are in poor condition and the City of Clermont is expecting to have to spend a significant amount to mill the asphalt and repave. The Applicant proposes to repair and reconfigure these roadways (1,404 lineal feet X 24 feet wide) as part of the internal horizontal construction of the project, which will save the City of Clermont from paying for and completing this repair. This estimated cost is approximately $15 per square foot for a total estimated cost of $374.400. The sum of the total benefits vrovided is estimated to be $2.140,000. NOW, THEREFORE, 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 Owner on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows: 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. 2. ee al Descrintion. The Property described on Exhibit "A" attached hereto is subject to PUD Ordinance No. 2023-025 adopted by the City of Clermont City Council as of the date hereof, and Owner intends to develop a portion of such Property pursuant thereto. 3. Density Bonus. a. In order to receive the density bonus pursuant to the City of Clermont Land Development Code, Section 125-375, Owner will be obligated to make all the improvements listed in the justification statement and outlined in item F (1)-(6) above. b. If Owner fails to timely construct such improvements indicated in item F above, Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not constructed by Owner at the time of the first Certificate of Occupancy (CO), then such failure to timely construct such portion of the Density Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event of default, City may withhold any and all building permits until such time as the Density Bonus Contribution has been fully constructed in full. Nothing herein shall prohibit City from pursuing any and all remedies available in law or equity including, without limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement shall expire. 4. Authority. 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. 5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page of this Agreement. 7. 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. 8. Binding Effect. This Agreement, once effective, shall run with the Property described herein and shall be binding upon and enforceable by and against the parties hereto and their beneficiaries, heirs, successors, and assigns. The City acknowledges and agrees that the Owner shall have the right to assign its rights and obligations under this Agreement to any of it successors, or assigns. 9. Termination. In the event that the PUD (Ordinance 2023-026) expires or is otherwise terminated, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. Attest: City Clerk \ r �t —(-cV-4 • itC� Date: 12 — 1 7_ - ZDZ�"2) CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By: Name: As its: mC«j n,r i Date: Z Z - 2-0Z— (Signatures Continued on Next Page) Witnesses: Signed, sealed and delivered in our presence: Name:r i7 Name: STATE OF FLORIDA COUNTY OF _qg WOLFE AND WALLACE WOLFE & WALLACE PROPERTIES, INC. INVESTMENTS, LLC Florida f Profit Corporation Florida Lilifited Liability Company By: (NL! By: A�= Name: �a Name: �LaiLae,, Its: AA a '#r Its: /44.1, a ./ "r " J Date: 2 A 2 Date: 2 The foregoing instrument was ac wledged before mfjby means of Q physical presence or ❑ online notarization, this 2 day oft v�r , 20;;f, by �c f as /✓1.�„ �1 a i of Wolfe and Wallace Proverties. INC. Florida Profit Corporation, on bel"ialf of said company. S/He Ff is personally known to me or [ ] has produced (type of identification) as identification. Notary Public State of Florida A Erin S Wysocki l My Commission HH 405765 Expires 6/4/2027 Seal STATE OF FLORIDA COUNTY OF L .-9,e Signature of Notary Public v Type or Print Name My Commission Expires: Commission No. _ l,% '/6S7 _5- The foregoing instrument was ac of kn ledged before by mea s of ffphysical presence or ❑ online notarization, thisday , 202�,y , as r of Wdlfe and Wallace Investments. LLC. Florida Limited Liability Comnanv_ . on behalf of said company. S/He [.Tis personally known to me or [ ] has produced _ (type of identification) as identification. Notary Public State of Florida Erin S Wysocki fl 1= My Commission HH 405765 Expires 6/4/2027 a Seal Signature of Notary PubY Type or Print Name My Commission Expires: Commission No. DRAFT -4 EXHIBIT "A" LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143, 144, 145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0`25'20" EAST ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°29'17" WEST ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0°22'36" EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF NORTH 00°10'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL ANGLE OF 00-23-41" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN SOUTH 89°29'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY RUN NORTH 24°20'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7°41'47" EAST A DISTANCE OF 98.18 FEET TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A CHORD BEARING OF SOUTH 61°10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69°11'18" EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION RUN SOUTH 30°13'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING. THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS. e- CLERWON-r CITY OF CLERMONT -; - c (- 1�* ORDINANCE NO. 2023-026 ATTACHMENT B — SITE PLAN/PHASING PLAN I 6- CLEROONT CITY OF CLERMONT - , ORDINANCE NO.2023-026 ATTACHMENT C - MULTIFAMLY BUILDINGS 1-4 SAMPLE ELEVATION