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2005-07 ~ry~ "~1 R~~~ ~4~ aR i, y ~ ~ iilfilllifiitliliifihfiliiflitilil(iliilif;lil'ffiii;l#iifli (;~t3f E_ ;j,_, f , ~+ + ~~+ ~ 1 ., _ _. _ F ~ Yet F-~-- DEVELOPER'S AGREEMENT ~~F~xri~-r~ ;.a ~!~,tr'!.r+~, ~ 3..t_F,i. t~. .~ii.lf~~ c s.: ;-. .jri,_)+~-c~~-~t BETWEEN ~~s:a_c~r;<<ri:ra+:~ Er:.E:~> _;?,._~.+ THE CITY OF CLERMONT AND THE PROPERTY OWNER RELATING TO THE DEVELOPMENT OF A RESIDENTIAL SUBDIVISON This is an Agreement between the City of Clermont, a political subdivision of the State of Florida, hereinafter referred to as "City", through its City Council; and Jose and Madeline Ortiz, PROPERTY OWNERS, its successors and/or assigns, hereinafter referred to as "OWNER". WITNESSETH: LJ WHEREAS, the OWNER, is the owner of a certain parcel of land, 26 acres in size, attached as Exhibit "A"; and WHEREAS, the property is located within the joint planning area of the City of Clermont and designated Urban Expansion on Lake County's Future Land Use Map; and WHEREAS, the Urban Expansion Land Use designation provides for a maximum residential density of four (4) units per acre; and WHEREAS, the OWNER has filed applications with the CITY for approval of Annexation, Rezoning and Land Use Plan Amendment for 26 acres; and WHEREAS, the OWNER will utilize the property to develop a residential subdivision, and WHEREAS, the CITY encourages design flexibility to create transitions between low-density residential uses and more intense uses, such as high-density residential; NOW, THEREFORE, IN CONSIDERATION of the promises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2.. The project shall be served by public facilities available from the City of Clermont. 3. Development Uses permitted on the land. • (A) A maximum of sixty (60) residential lots at a density of 2.31 units per acre. RECEIVEa APR 14 2005 ,~ (B) Lots shall be a minimum of 100 feet in width and 13,000 square feet in • size with the exception of those 25 lots as depicted on the concept plan which shall be a minimum of 85 feet in width and 10,000 square feet in size, attached as Exhibit "A"; (C) Setbacks: Front- 35 feet (exception of those 25 lots - 25 feet) Side- 9 feet (exception of those 25 lots - 7.5 feet) Rear for primary structure - 25 feet Rear for accessory structure-7.5 feet (D) Open Space - the OWNER will create within the subdivided property a recreational parcel available to the residents of the subdivision. The open space and recreation area for the residents will be designated on the preliminary development plan, preliminary plat and final plat. (E) Landscape Buffer -The OWNER will provide a landscape buffer along the southeast property line adjacent to residential lots. 7. Recordation. This Agreement shall be recorded in the Public Records of Lake County, Florida. 8. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless • contained in a written document with the same formality and of equal dignity herewith. 9. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 10. Notices. When either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following. as the respective places for giving of notice to-wit: CITY OF CLERMONT OWNERS City Manager Jose and Madeline Ortiz P.O. Box 120219 14444 Johns Lake Road • Clermont, Florida 32712-0219 Clermont, Florida 32711 ~i • IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. A EST: City Clerk ~~:~~;~ ~`~,~~~cl Approved as form' ar~d legality- b ~ } 1 ~._ ~~~~~ 1 ~'~ ~ C~ d~ ~-Z Ct- Witnesses: CITY OF CLERMONT aro d S. Turville Jr., Ma o~ Y This ~ of f~ , 2005. OWNER This ~ day of Fe~uary, 2005. r~ LJ r~ U STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this ~ day of ~ , 2005 by _Sos~ c~r-~i L. and _..~1 ~1~.v1nr , Qv-~t Z ,the property owners. Said persons (,Rare personally know to me or ( )have produced drivers licenses as identification. (Notary Seal) ~o~~a~••°~~~; DeLaine M. Henderson :?• ~ •~:= MYCOMMISSION# DD099132 EXPIRES •~ P ~ May 1, 2006 ~~:, oF~~e;°,.~ BONGEG iHRU TROY FAIN MSUEANCE, ANC, Notary Public -a~~'~~=~`~'`"` Printed Name~G~Ltirl~ ~• ~ Y~_~Sc7i'0 My Commission Expires: ~Ilq, ~ ~(o • • EXHIBIT "A" LEGAL DESCRIPTION JOSE L. AND MADELINE ORTIZ The East '/Z of the Southeast '/ of the Southeast '/ of the Southwest '/ of Section 33, Township 22 South, Range 26 East, Lake County, Florida, together with an easement for ingress and egress over and across the North 30 feet of the above described property (Alternate Key #2864273 and ORB 2334, Page 1456) and The West %2 of the Southeast '/< of the Southeast '/< of the Southwest '/, in Section 33, Township 22 South, Range 26 East, Lake County, Florida. Subject to easements and restrictions of record, if any, and taxes accruing subsequent to December 31, 2002 (Alternate Key #1095956 and ORB 2306, Page 979) and • The Northeast '/ of the Southeast '/< of the Southwest '/< of Section 33, Township 22 South, Range 26 East, Lake County, Florida. Less and except the North 470.00 feet of the East 300.00 feet thereof. Also described as Tract 53, in Section 33, Township 22 South, Range 26 East, according to the Plat of Postal Colony Company as recorded in Plat Book 8, Page 31, Public Records of Lake County, Florida. (Alternate Key #3817647 and ORB 2320, Page 1577) and T'he Southwest '/ of the Southeast '/ of the Southwest '/a of Section 33, Township 22 South, Range 26 East, in Lake County, Florida (Alternate Key #1593085 and ORB 2308, Page 2467) Ortiz/legal description ~. ~~ • 03/27/2005 SUN 21; 46 FAX .}~~ ~~ 4, ~J '~~•k~2 ~[ ~6 ~~ e ~ M,3Wy ~~ ~~,F ~ ~R ~~~ yy _~ r~ ~! ,M ~a ,„ ~~ I ~~ Ri` ~~~~~~~ I ~~, ~ ~~ . ~ ~ x 1 : >a ~~ + I ~ ~~ It a Z o ~ ~ ~~ • ~ ~ ` r--J ~` ~5 4 ~R ~ a *' I F"= ~ ~'w+ ~,~ , ~ ~~ dam ~ I 4 ~Ra I YA ~;a I ~" I ~ eg"` LI 1 I I ~~~ ~~~~. ~:~ ~ ~ ~'" I •n °1T I ~ •:s "~-•~~~ r1v e,y ; ~a Z;~ Ca: C'CS - ~ - .-. 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