2006-17Return to:
City of Clermont
City Clerk
P.®. BOX 120219
Clermont, FL 34712-0219 DEVELOPMENT AGREEMENT
Between
• THE CITY OF CLERMONT, FLORIDA, and
SOUTH LAKE MEDICAL ARTS CENTER, LLC
Related to and as part of the
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CITY ACCEPTANCE AND APPROVAL
OF ALLOWABLE USES ON CERTAIN REAL PROPERTY
AS DESCRIBED BELOW
This Agreement, entered into by and between South Lake Medical Arts Center, LLC, whose
address is 552 S. Highway 27, Suite A, Minneola FL 34715, hereinafter sometimes referred to as
"DEVELOPER" and the City of Clermont, hereinafter referred to as CITY.
WITNESSETH
WHEREAS, the previous owner, Hunter's Trace Investments, Inc., hereinafter referred to as "PREVIOUS
OWNER," entered into a previous Developer's Agreement for Professional Office Development on the 8`h day
of June 2004, that restricted the allowed uses on that certain PROPERTY to professional offices; and
WHEREAS, after approval of the previous Developers Agreement, the PREVIOUS OWNER rezoned certain
PROPERTY to R-3, so to develop the PROPERTY as professional offices; and
WHEREAS, the only available zoning designation available to develop the PROPERTY as professional
• offices is the R-3 district; and
WHEREAS, age-restricted independent living and assisted living can be developed in the R-3 district; and
WHEREAS, the PREVIOUS OWNER and the CITY had agreed that the rezoning of the PROPERTY by the
CITY pursuant to Ordinance No. 474-M should occur, pursuant to the terms of the June 8, 2004 Developer's
Agreement, to accommodate the PREVIOUS OWNER'S desire and based upon PREVIOUS OWNER'S
commitment to develop the PROPERTY as professional offices; and
WHEREAS, in addition to professional offices, the CITY can also support the development of age-restricted
independent living and assisted living on the PROPERTY; and
WHEREAS, Chapter 163.3220, Florida Statutes provides mechanisms, including Development Agreements
which allow for development permits to be subject to conditions of a development agreement, the
strengthening of the public planning process, encouraging sound capital planning and financing, assisting in
assuring there are adequate capital facilities for the development, encouraging private participation in
comprehensive planning, and reducing the economic costs of development, all to ensure compliance with
adopted comprehensive plans; and land development regulations of the City of Clermont, Florida, and to
secure future performance; and
WHEREAS, the CITY finds it necessary to articulate assurances for the protection of the public health, safety
and welfare of the residents of the CITY, to ensure the proper development of the PROPERTY, and protect
the interest of the owners of the PROPERTY; and
WHEREAS, the CITY does further find that the proposed development is consistent with the CITY'S
comprehensive plan as amended by a proposed amendment to the comprehensive plan (known as DCA #06-
• 1); and
WHEREAS, the CITY does further find that the proposed development is consistent with the CITY'S land
development regulations; and
WHEREAS, the CITY will provide all municipal services including water and waste water to the PROPERTY,
• the provision of which requires no new facilities to be constructed by CITY; and
WHEREAS, DEVELOPER warrants and represents that it is the owner in fee simple of the PROPERTY and is
authorized to enter into this Agreement.
NOW THEREFORE, the parties hereto do hereby agree, in consideration of the above, and the promises and
undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth below.
2. This Agreement shall apply and pertain to the real property more particularly described as Exhibit "A"
attached hereto and incorporated herein and referred to herein as the "PROPERTY":
3. DEVELOPER does hereby agree on behalf of itself and on behalf of any heirs, assigns, transferees,
beneficiaries, or property owner associations that the PROPERTY shall be developed in accordance with
all applicable CITY codes, laws and regulations and, specifically, agrees to the following restrictions:
a. Uses restricted to professional offices and age-restricted independent living and
assisted living. CITY and DEVELOPER agree that other uses allowed by the R-3 zoning
designation would not be appropriate for the PROPERTY at this location. Therefore,
should the PROPERTY not be developed as professional offices orage-restricted
independent living or assisted living within twelve months of the effective date of this
agreement, or should the DEVELOPER 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 DEVELOPER to rezone the PROPERTY if
development of the PROPERTY is attempted for uses other than professional offices or
age-restricted independent living or assisted living.
4. 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 laws governing said permitting requirements,
conditions, terms or restrictions.
5. This Agreement shall, at DEVELOPER's expense, be recorded in the Public Records of Lake County and
shall remain in effect unless amended or terminated in accordance with applicable law. Therefore, it is
expressly agreed that the terms and conditions herein run with, appertain and attach to the PROPERTY, as
such this agreement is binding on the parties hereto, their heirs, personal representatives, successors,
grantees and/or assigns.
IN WITNESS WHEREOF, the CITY has executed this agreement on this 13`h day of June 2006.
Signed, sealed and delivered
e resenc
( rint name) ~~~ ~y-~ [r°/'~/
CITY C NT
Mayo~arold S. Tt~rVille, Jr.
.>
• (Print
Tracy Ackroyd, City Clerk
IN WITNESS WHEREOF, DEVELOPER has executed this agreement this o2'/ day of ~Lh E'_ 2006.
•
Signed, sealed and delivered
In the presence of:
^~
(Print name) (/J~--ee/' G. /1 C. C~
~ ~~~
(Print name) _~~ ~ (' L~ ~1(,( L1 ~"(
SOUTH JLAKE ME~bICAL ARTS CENTER, LLC
By. -, rrv-
(Print nam b'VA7~.r - ~, r«
Its: ~ ~:.~ ~~z~ . o :~-.s-~"
ATTEST,c
OWNER
Denise Rayl Noek
• Ny Conwaisslon DD280338
wd" EspMes DeaNnber20,2007
•
•
Exhibit "A"
• LEGAL DESCRIPTION
A parcel of land being a portion of Lot 1 and Lot 2 of CLERMONT TOWN CENTER ADDITION, according to the
plat thereof as recorded in Plat Book 45, Pages 96 and 97 in the Public Records of Lake County, Florida. Said parcel
being more particularly described as follows:
Commence at the Southeast comer of said Lot 1 and the Northeast corner of said Lot 2 of CLERMONT TOWN
CENTER ADDITION, according to the plat thereof as recorded in Plat book 45, Pages 96 and 97 in the Public
Records of Lake County, Florida and run North 00°28'09" West, along the East line of said Lot 1 for a distance of
195.90 feet to the POINT OF BEGINNING; thence, departing said East line, run South 67°48'53" West for a
distance of 566.98 feet to a point on anon-tangent curve concave Northeasterly, having a radius of 700.00 feet and a
delta angle of 09°47'40"; thence from a tangent bearing of South 21°36'27" East run Southeasterly along the arc of
said curve for a distance of 119.66 feet to a point on anon-tangent line; thence run South 58°35'53" West for a
distance of 156.92 feet to the West line of said Lot 2; thence run North 00°34'01"East, along said West line, for a
distance of 7.61 feet to the South line of said Lot 1; thence run North 89°25'59" West, along the South line, for a
distance of 168.34 feet:; thence run North 15° 17'06" West for a distance of 647.28 feet to the Northerly line of said
Lot 1 and to a point on anon-tangent curve concave Southeasterly, having a radius of 710.00 feet and a delta angle
of 45°56' 15"; thence from a tangent bearing of North 43°35'36" East run Northeasterly along the Northerly line of
said Lot 1 and azc of said curve for a distance of 569.25 feet to the point of tangency; thence, continuing along the
Northerly line of said Lot 1, run North 89°31'51" East for a distance of 407.39 feet to the point of curvature of a
curve Southwesterly, having a radius of 25.00 feet and a delta angle of 90°00'00", thence run Southerly along the
azc of said curve for a distance of 39.27 feet to a point of tangency; thence run South 00°28'09" East, along the East
line of said Lot 1, for a distance of 429.82 feet to the POINT OF BEGINNING.
Contains 12.888 acres, more or less.
Parcel 5- Retention Area
A parcel of land being a portion of Lot 1 of CLERMONT TOWN CENTER ADDITION, according to the plat
thereof as recorded in Plat Book 45, Pages 96 and 97 in the Public Records of Lake County, Florida. Said parcel
being more particularly described as follows:
Begin at the Southwest corner of said Lot 1 of CLERMONT TOWN CENTER ADDITION, according to the plat
thereof recorded in Plat Book 45, Pages 96 and 97 in the Public Records of Lake County, Florida and run North
15°34'27" East, along the Westerly line of said Lot 1, for a distance of 411.92 feet to a point of curvature of a curve
concave Southeasterly and having a radius of 710.00 feet and a delta angle of 28°01'09", thence run Northeasterly
along the arc of said curve for a distance of 347.21 feet to a point on anon-tangent line; thence departing said curve,
run South 15° 17'06" East for a distance of 647.28 feet to a point on the South line of said Lot 1; thence run North
89°25'59" West, along the South line of said Lot 1, for a distance of 429.89 feet to the POINT OF BEGINNING.
Contains 3.502 acres, more or less.
•
4
•
•
ao~lo~BoUD CLERMONT TOWN CENTER ADDITION
A Repiat of o portion of Lots 49, 50, 63, and 84, LAKE HIGHLAND CgAPANY as rscorded
h Plot Book 3, Poge 30, OfBclal Records of Lake County, Florida
lying In Section 20, Township 22 South, Rungs 26 East,
City of germont, Lake County, Florida. \
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CLERMONT TOWN CENTER ADDITION '"" : °'
A Replat of a portion of Lots 49, S0, 83, and 84, LAKE HIGHLAND COMPANY as recorded
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lying in Section 20, Township 22 South, Range 28 Eost,
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