2021-O-32 - Dionna - Historic Wellington LLC - RZ 2/11/2022 7:31:01 AM Instrument#2022032756#1 Book:8202 Page:775
ORDINANCE NO. 2021-0-32
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY MH-5 (URBAN
MOBILE HOME) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR 21.491 ACRES OF
CERTAIN REAL PROPERTY LOCATED WEST OF OLD
MISSION ROAD AND SOUTH OF ESLINGER ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE,RECORDING AND ADOPTION.
4
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Historic Wellington, LLC is the owner of property located west of Old Mission
Rd. and south of Eslinger Rd. within Volusia County, Florida. Subject property contains
approximately 21.49±acres.
2. The owner has submitted an application for a change in zoning classification from
County MH-5 (Urban Mobile Home)to City RPUD(Residential Planned Unit Development)
for the property described herein.
3. On December 8, 2021, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
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7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA.
The zoning classification is hereby changed from County MH-5 (Urban Mobile Home)to
City RPUD (Residential Planned Unit Development), for the property described in Exhibits "A"
&B .
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the
Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning
classification for the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
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circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman O'Keefe and Second by Councilwoman
Power, the vote on first reading of this ordinance which was held on January 10, 2022, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X—
After Motion to approve byCL L" and
Second by
the vote on second
A
N
V
reading/public hearing of this ordinance which was held on 4-CV),,u,�CL "A A , was
as follows:
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AVE NAY
Mayor Mike Thomas LAU ')L 1--,
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O*Keefe
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this " day of
2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
11
Gigi Pennington
Vice-Mayor
ATTEST:
Bonnie ZlotniW-eNIC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe&Yoon
Approved by the Citx- ouncil of the,-City of Edgewater at a
meeting held on this]L+r2day of *2071
under Agenda Item No 8_c_ tl
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EXHIBIT"A"
LEGAL DESCRIPTION
A portion of Lots 2 and 3, Block"B", LOVEJOY'S FIRST SUBDIVISION in the Middle
1/3 of the Ambrose Hull Grant, according to the plat thereof as recorded in Plat Book 8,
Page 110 of the Public Records of Volusia County, Florida, being more particularly
described as follows:
Beginning at the Northwest corner of said Lot 2, Block"B";thence N 58 degrees 04' 00"
E along the monumented Northerly line of said Lot 2, Block `B", a distance of 1086.78
feet to the monumented Westerly line of Old Mission Road; thence S 05 degrees 40' 35"
W along the aforementioned line, a distance of 386.80 feet to the point of curvature of a
curve, said curve being concave to the left, having a radius of 2914.79 feet, a central
angle of 19 degrees 04' 56", a chord bearing and distance of S 03 degrees 54' 20" E,
966.28 feet; thence along said curve an arc distance of 970.76 feet; thence S 13 degrees
20' 28" E, a distance of 428.55 feet to the monumented Southerly line of said Lot 3,
Block "B"; thence S 69 degrees 04' 24" W along the aforementioned line, a distance of
273.90 feet to the Southwest corner of said Lot 3, Block `B"; thence N 31 degrees 35'
56" W along the monumented Westerly line of said Lots 2 and 3, Block "B", a distance
of 1513.30 feet to the Point of Beginning.
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SMYRNA CREEK PRESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) AGREEMENT
THIS AGREEMENT is made and entered into this day of
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter
referred to as "City") and, KRPC SCP Investment Property, LLC, whose mailing address is 121
Garfield Avenue, Winter Park, Florida 32789 (herein after referred to as "Developer"). The
purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 21.49 +/- acres located at Old
Mission Rd., in Edgewater, Volusia County, Florida. The legal description of the property is
attached hereto as Exhibit "A" - Legal Description. The record owner of the subject property is
Historic Wellington, LLC,
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Master Plan dated October 2021
(Exhibit "B") within twerity-four (24) months following the effective date of this Agreement.
Developer's failure to initiate construction within the timeframe identified herein shall result in
the City's termination of the Agreement. The Agreement may be extended by Mutual consent of
the governing body and the Developer, subject to a public hearing. Commencement of
construction means to begin performing onsite modification, fabrication, erection or installation
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of a treatment facility or a conveyance system for the discharge of wastes and on-site
modification, fabrication, erection or installation of a treatment facility or a transmission system
for the conveyance of potable water. Land clearing and site preparation activities related to this
construction are not included herein; however, before undertaking land clearing activities, other
permits for stormwater discharges from the site may be required. Final approval shall include,
but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement,
environmental,solid waste containment,and planning elements.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC). Final project approval
may be subject to change based upon final environmental, permitting, and planning
considerations and/or Federal and State regulatory agencies permit requirements.
a. Unit Count
The maximum residential townhome units permitted shall not exceed 12 dwelling units
per net acre as calculated by the LDC. The project shall not exceed 168 units. The
individual townhome buildings may be individually adjusted for more or less units per
building,without amendment to this agreement.
b. Minimum Lot Size
Area: 1800 square feet.
Width: 20 feet
Depth: 90 feet
c. Minimum Townhome Square Footage
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The minimum gross townhome square footage shall be at least 1,200 square feet living
area under air, with a minimum of a one car garage and a 16-foot-wide driveway to prevent on-
street parking. Carports will not be permitted.
d. Minimum Yard Size and Setbacks
Front Setback:25 feet
Rear Setback: 10 feet
Side Setback: 10 feet;applies to end units only
Building Separation: 20 feet
Maximum Height: 35 feet
Maximum Building Coverage: 50%
Maximum Impervious Coverage:75 %
Swimming Pools:Not Applicable,no pools allowed on lots
Fences:No fences shall be allowed on any townhome residential lots.
e. Trees
Minimum Tree Protection Requirements within the current LDC shall be met. Tree
Preservation Areas depicted on the Master Plan may be utilized to meet said requirements.
Minimum number and type of trees for each residential building lot shall meet the requirements
of the current LDC.
f. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC.
Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
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g. Roads/Driveway
Private roads or drive within the Project will have a minimum width of twenty feet(20')
of pavement with a two (2) foot curb and gutter per side and constructed pursuant to the City's
Standard Details. Said roads shall be dedicated to the HOA subsequent to final City inspection
and by a final plat.
h. Entrance to Subdivision
One (1) full access entrance, and one (1) emergency ingress/egress only access entrance,
as shown on the Master Plan,shall be permitted for accessing the development.
i. Siggage
Signage will be located along the main entrance road, not within the right-of-way, and
shall meet the current City LDC. All future maintenance responsibility will be that of the
Homeowners Association.
j. Mailboxes
Developer shall request approval from the Unites States Postal Service for the use of
three (3) Centralized Mail Delivery System and shall provide a lighted pull-off access area for
each.
k. Air Conditioning
All townh6me lots shall have Air conditioning units and pads located behind each
dwelling unit.
1. Model Homes and Temporary Sales Offices
Up to three (3) building lots may be designated for use as potential model home or
temporary sales office lots. A model home may be used as a sales office from the time the plat is
recorded until such time as the last lot is developed within the subdivision. Temporary
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structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary
sales office while a model home is under construction. Such temporary office shall only be
permitted for an interim period not to exceed 60-days or until completion of the first model
home, whichever occurs first. Model home construction prior to plat recording shall only be
allowed upon compliance with the following requirements:
i. Provision for fire protection, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
ii. Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
iii. Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP. Temporary utilities, once inspected and
approved by the city, shall be permitted until permanent utility connections are
provided.
iv. Any Sales Center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A Certificate of Completion issued as provided in the
Florida Building Code shall be deemed to authorize limited occupancy of the model home/sales
office. Upon conversion of the model homes back to a single-family dwelling, a new and
permanent certificate of occupancy shall be issued upon completion reflecting the single-family
dwelling classification.
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Temporary flags or insignias which read "model", "open", "open house" or any other
phrase which identifies property for real estate purposes may be displayed until such time as the
last lot is developed within the Development in the following locations and numbers:
i. The maximum height of any temporary flags shall be eight feet (8') with a maximum
size of fifteen(15)square feet.
ii. The number of temporary flags shall not exceed four (4) and shall be permitted on
private/common property and prohibited in the roadway area and site triangle area as
outlined in the Land Development Code, Section 21-38.03.
iii. Each model home may have a ground-based sign, not exceeding 20 square feet with a
maximum height of eight(8)feet, indicating "Model Home".
iv. Each sales office may have a maximum of two (2)flags or signs not exceeding fifteen
(15) square feet each in area with a maximum height of eight (8) feet indicating
"Sales Center".
V. Temporary event signs shall be allowed on private/common property within the
Development for special builder sale events, including but not limited to a "parade of
homes" or similar sales promotion. Such temporary signage shall be erected for no
more than 72 hours. A maximum of two special builder events shall be allowed in any
calendar quarter.
in. Landscape Buffer
Buffer size, as shown on the Master Plan, may be expanded based on actual drainage
requirements and to ensure the required run off is kept on-site (during requisite storm events). A
20' buffer shall be maintained unless otherwise determined by the engineers' calculations that
expansion is necessary.
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All future buffer maintenance responsibility will be that of the Homeowners Association.
4. HOMEOWNERS ASSOCIATION
The Developer shall establish a mandatory Homeowners Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The HOA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-
Laws shall be reviewed and approved by the City prior to final plat approval.
The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and
By-Laws for the HOA will be recorded in the public records of Volusia County at the time the
Final Plat is recorded.
S. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is High Density Residential (HDR) and the zoning
designation is RPUD (Residential Planned Unit Development) as defined in the City Land
Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit
Development) are applicable to the development of the property and consistent with the adopted
Comprehensive Plan/Future Land Use Map.
6. PUBLIC FACILITIES
All utility services shall be underground.
Off-site improvements are the Developer's responsibility and shall be required at the time
of Final Plat approval and City inspection approval and shall meet all City, County and/or State
requirements and approval.
All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal,state, and local standards.
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A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
Developer, at the time of development, shall provide all public facilities to support this
project including the following:
a. Water Distribution System including fire hydrants. Developer agrees to connect to
and utilize the City's water distribution system at nearest point of connection. All
water distribution systems shall be"looped"wherever possible in order to prevent
any future stagnation of water supply. All water main distribution system
improvements will be installed by the Developer and conveyed to the City by Bill
of Sale in a form acceptable to the City and dedicated to the City prior to or at
time of platting or in accordance with the requirements contained in the Land
Development Code as it relates to performance bonds. Water capacity shall be
reserved for a period not to exceed twenty-four(24)months from the date the City
signs the FDEP and/or DOH Water Application.
b. Sewage Collection and Transmission System. Developer agrees to connect to and
utilize the City's wastewater transmission and collection system at the nearest
point of connection. All wastewater collection and transmission system
improvements will be installed by the Developer and conveyed to the City by Bill
of Sale in a form acceptable to the City and dedicated to the City prior to or at the
time of platting. Sewer capacity shall be reserved for a period not to exceed
twenty-four (24) months from the date the City signs the FDEP Wastewater
Application.
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c. Stormwater collection/treatment system, including outfall system. The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
Management District and the City of Edgewater LDC. The pond(s) will be owned
and maintained by the Homeowners Association(HOA). Developer is required to
provide an outfall to a publicly owned or controlled drainage conveyance system,
and obtain an off-site drainage easement space if necessary. The on-site 100-year
flood elevation shall be established to the satisfaction of the Flood Plain Manager
or FEMA. Compensatory Storage shall be provided for per the requirements set
forth in Article IV (Resource Protection Standards) of the LDC, as may be
amended from time to time.
d. Reclaimed Water Distribution System. The City has determined that reclaimed
water may be available in the foreseeable future. Therefore, the Developer shall
install a central reclaimed water irrigation distribution system constructed to City
standards and convey to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of platting. Water will be provided
initially by onsite irrigation wells or surface water withdrawal until reclaimed
water is available to the Development and all irrigation systems shall be approved
by all applicable regulatory agencies. Once reclaimed water is provided to the
area the development must convert irrigation systems to the reclaimed water
system within 30 days of availability.
e. Pavement Markings and Signage. Developer shall install all required pavement
markings and signage (stop signs, road signs, etc.) within the development. All
permanent markings and signage shall comply with Florida Department of
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Transportation (FDOT) standards. Enhanced special signage may be used if it
meets FDOT standards and approved by the City. All signs shall be maintained
by the Homeowner's Association(HOA).
f. Sidewalks. A five-foot(5')public sidewalk to be installed by the Developer in all
common areas and right of ways within the development, and five-foot (5')
sidewalk to be installed by individual builders on each lot prior to issuance of
Certificate of Occupancy by the City of Edgewater for that lot. Sidewalks along
common areas and right of ways shall be constructed and approved by the City
prior to issuance of the first Certificate of Occupancy for the development.
Developer shall provide a bond or surety in a form acceptable to the City in the
amount as stated per the current fee resolution per lineal foot for two (2) years. If
sidewalks are not completed within two (2) years, the Developer will install the
remaining sidewalks.
g. Recreation and Oven Space.
i. A minimum of 25% of the development shall be dedicated to open space,
as defined in the LDC, if the project is phased,a minimum of 25%of each
phase shall be dedicated to open space,as defined in the LDC.
ii. Developer will construct a pool and cabana. The pool will be designed to
meet the appropriate City, County and/or State requirements. The pool
and cabana shall be constructed prior to issuance of the 50th townhome
certificate of occupancy.
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iii. Developer will construct two (2) tot lots on the property. Generally, one
shall be located on the south side of the development site and one shall be
located on the north side of the development site.
iv. Developer will provide a mulched path as a passive amenity on the north
side of the development site as shown on Exhibit B -Master Plan.
v. Ownership and maintenance responsibility of all recreation/open space
areas will be that of the Homeowner's Association.
h. Streetlights. Streetlights shall be installed by the Developer, or the Utilities
Commission of New Smyrna Beach at all entrances, intersections and mailbox
locations and shall meet the requirements set forth in the LDC prior to issuance of
the Certificate of Occupancy on the first dwelling unit. The HOA will be
responsible for the streetlights; including payment to the Utilities Commission of
New Smyrna Beach for maintenance and power consumption.
7. 'IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. City Impact Fees and Connection Fees shall be paid at Building Permit issuance
for each dwelling unit at the prevailing rate authorized at the time of payment.
b. Volusia County Road and School Impact fees shall be paid to County by applicant
with proof of payment provided to the City prior to a Building Certificate of
Occupancy.
8. 'BONDS
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A Maintenance Bond equal to 10% of the cost of the public infrastructure improvements
shall be provided to the City prior to recording the Final Plat. The Maintenance Bond shall be
in effect for a two(2)year period from the date of completion of the public facilities.
A Performance Bond,or other acceptable financial instrument such as a Letter of Credit,
may be accepted by the City and shall be 130% of the costs of all remaining required
improvements.
9. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
in the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code and is compliant with all concurrency
requirements set forth in said documents.
10. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission.
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, inspections of required infrastructure improvements, and the
review and approval of the final plat related to the development, including recording fees.
11. DEDICATION OF LAND FOR PUBLIC PURPOSES
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The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances at plat dedication, all utility easements, as required. All
utilities shall be dedicated to the City of Edgewater.
12.DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
13. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
requirements determined to be necessary by the City for the public health, safety or welfare of its
citizens.
14. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement.
15.PERFORMANCE GUARANTEES
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During the term of this Agreement, regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with,or contrary to,this Agreement.
16.BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
17.RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
18.PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
19.APPLICABLE LAW
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This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20.TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21.AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
22.FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
23. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance.
24.ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
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attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
25.COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
26.CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction,or meaning of the provisions of this Agreement.
27. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
SIGNATURE BLOCKS BEGIN ON THE FOLLOWING PAGE
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Instrument#dm376#3Bok:OPmER7
IN WITNESS WHEREOF, the parties have caused this &7±d2ent to be made and
entered 8m the date and year Firs written 0ve.
ATTEST: CITY COUNCIL OF THE
CIT;ka)a-i GEWAT& F ,ORJ»#
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RPUD Agreement
Instrument#2022032756#24 Book:8202 Page:798
Witnessed by: DEVELOPER
By
Adam A. Dionna
KRPC SCP Investment Property, LLC
STATE OF FLOR[ ,A
COUNTY OF alu
The foregoing instrument was acknowledged before me on this W day of
by �10Uyn b/0 0/70-- ®, who i personally known to i or
has produced as identification and who i i not)talcs an Grath.
_ fie � !
Notary Public
Stamp/Seal
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;FNYs<a SUEE.WILLiAMS
Co,,nmission#HH 115639
ExpiresApril 10,2025
Bonded Thru Tray Fain Insurance BW38,jo19
RPUD Agreement
Instrument#2022032756#25 Book:8202 Page:799
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lots 2 and 3,Block"B",LOVEJOY'S FIRST SUBDIVISION in the Middle
1/3 of the Ambrose Hull Grant,according to the plat thereof as recorded in Plat Book 8,
Page 110 of the Public Records of Volusia County,Florida, being more particularly
described as follows:
Beginning at the Northwest corner of said Lot 2,Block"B"; thence N 58 degrees 04' 00"E
al;ong the monumented Northerly line of said Lot 2,Block"B",a distance of 1086.78 feet
to the monumented Westerly line of Old Mission Road; thence S 05 degrees 40' 35' E along
the aforementioned line,a distance of 386.80 feet to the point of curvature of a curve,said
curve being concave to the left,having a radius of 2914.79 feet,a central angle of 19 degrees
04' 56",a chord bearing and distance of S 03 degrees 541 2011 E,966.28 feet; thence along
said curve an arc distance of 970.76 feet; thence S 13 degrees 20' 28"E,a distance of 428.55
feet to the monumented Southerly line of said Lot 3,Block 1111111; thence S 69 degrees 04' 24"
W along the aforementioned line,a distance of 273.90 feet to the Southwest corner of said
Lot 3,Block"B"; thence N 31 degrees 351 56"W along the monumented Westerly line of
said Lots 2 and 3,Block"B",a distance of 1513.30 feet to the Point of Beginning.
Approximately 21.49+/-acres
19
RPUD Agreement
Instrument#2022032756#26 Book:8202 Page:800
EXHIBIT"B"
OVERALL DEVELOPMENT PLAN
20
RPUD Agreement
Instrument#2022032756#27 Book:8202 Page:801 Laura E. Roth,Volusia County Clerk of Court
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