2004-44IYov 03 05 03:27p CITY OF CLERMOhT
Upon recording return to:
• Department of Planning
City of Clermont
P.O. Box 120219
Clermont, Florida
352 394 3542 p.2
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DATE : 1 ?/-l~!'~+_i+15
J~h1ES C:. WATY,IFaSr
LAKE COUhITY
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t:LERY, OF COURT
F.Er.ORC,ING FEES 3~.5r.+
DEVELOPER'S AGREEMENT FOR DEVELOPMENT ACTIVITIES
RELATED TO THE HUNTERS TRACE PARCEL
This DEVELOPER'S AGREEMENT FOR PROFESSIONAL OFFICE
DEVELOPMENT ("agreement"} is entered this 8th day of June, 2004, by and
between Bob Wade, Hunters Trace investment (nc., hereinafter called "Owner"
and the City of Clermont, Florida, a political subdivision of the State of Florida
"City of Clermont"
WITNESSETH
WHEREAS, Bob Wade, Hunters Trace Investment Inc., is the owner of
the real property located in the City of Clermont on the North side of State Road
50, South of Oakley Seaver Boulevard and more particularly described in the
attached legal description and incorporated herein by this reference (the
"Property"); and
. WHEREAS, the Property owner has applied to rezone that certain
property and develop the property as Professional offices; and
WHEREAS, the only available zoning designation available to develop the
property as Professional Office is the R-3 district; and
WHEREAS, the Property Owner and the City agree that the rezoning of
the Property by the City pursuant to Ordinance No. 474-M shall occur, pursuant
to the terms of this Developer's Agreement, to accommodate the Property
Owner's desire and based upon Property Owner's commitment to develop the
Property as Professional Offices; and
WHEREAS, the City of Clermont supports the establishment of
professional offices on the property; and
WHEREAS, The City of Clermont granted a residential professional
zoning of R-3; and
WHEREAS, Florida Statutes, Section 163.3220 through 163.3243
authorizes local governments to enter into development agreements
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Nov 03 05 03:27p CITY OF CLERMONT 352 394 3542 p.3
NOW, THEREFORE, for good and valuable consideration, the receipt and
• sufficiency of which is hereby acknowledged by the parties, the parties
agree as follows:
RECITALS. Each and all of the forgoing Premises set forth above are
incorporated into and constitute agreed and enforceable provisions of
this agreement
2. FINDINGS. ft is hereby agreed that:
a. Uses Restricted to Professional Offices. City and the Property
Owner agree that other uses allowed by the R-3 zoning designation
would not be appropriate far the Property at this location.
Therefore, should the Property not be developed as Professional
Offices within twenty-four months of the effective date of Ordinance
No. 474-M, or should the Property Owner request a development
permit for a different land use, the City may rezone property to UE
or another zoning district.
b. Irrevocable Application for Rezoning. This agreement shall
following execution, constitute an irrevocable application by the
Property Owner, to rezone the Property if development of the
Property is attempted for uses other than Professional Offices.
•
3. DEVELOPMENT TERMS.
a. The development as permitted by this agreement is consistent with
the City of Clermont's Comprehensive Plan and Land Development
Regulations.
b. All development shall be in accordance with Federal, State and City
Codes and Ordinances. The failure of this agreement to address a
particular permit, condition, term or restriction shall not relieve the
developer of the necessity of complying with the law governing
permitting requirements, conditions, terms or restrictions.
4. DEFAULTS. In the event of default by any party hereunder, the
non-defaulting parties shalt have the right to pursue any and all
remedies available to them either at taw or in equity, or otherwise.
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Nov 03 05 03:27p CITY OF CLERMONT 352 394 3542
5. ENTIRE AGREEMENT. This Agreement embodies and constitutes the
• entire understanding of the parties with respect to the subject matters
addressed herein.
•
6. AMENDMENTS TO AGREEMENT No modification, amendment or
alteration or the terms or conditions Contained herein shall be effective or
binding upon the parties hereto unless the same is contained in a written
instrument executed by the parties, with the same formality.
7. RECORDING. This agreement shall be recorded in the public records of
Lake County, Florida at the expense of the applicant within 14 days after
signatures of agreement.
8. MISCELLANEOUS.
Effectiveness: This agreement shall not become effective until the
rezoning ordinance is effective and no development orders wilt be issued
until the Agreement has been recorded and the time for any appeals have
expired, and the Owner has otherwise complied with City land
development regulations and other applicable ordinances.
Assignment.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first above written.
Witnesses:
~ ~ ~
Print Name: NNE A~K;k.
Print me: iQ~
CITY OF CLERMONT, FLORIDA
Harold S. Turville, Jr., Mayor
Owner:
By:
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,•..ar,,,,~
Name: _= 06 W ~ Z~ .••• "'~,,
Title: I"~ca',~on'E' ~;`~,'~ rw '~,
Status:
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~,, Z.~l ,,~ E .. ,.
Tracy Aclfroyd, City C rk
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IYov 03 05 03:28p CITY OF CLERMONT 352 394 3542 p.5
•
State of Florida
County of lake
The foregoing instrur~~n~was acknowledged before me ihjs a9 day
Of /Vov~•~ Sew ,~ ~g@d, by I~S W a 1 c. ~"w'~om~ ~ pNersonal y~know e~~
and who did
or did notes take an oath.
C . ..:,4,
Notary Public (Signature)
(SEAL)
~"~1NcTc. C. ~rt,~i.
Print or Type Notary Name
Commission (seal) Number
My Commission Expires: _
i~`'~~'~- Annette C; Kirk
:.: .- MY COMMISSK)N # DD110236 EXPIRES
~~.a June 24, 2007
~'~'~,'~~~,dF' BONDEDTNRUTROYFAININSURANCE,INC.
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