2006-O-43Rc: ap5 b° C
ORDINANCE NO.2006-0-43
08/07/2007 12:35 PM
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AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 27.69 ACRES LOCATED SOUTH OF AIR
PARK ROAD, WEST OF SILVER PALM DRIVE,
EDGEWATER, FLORIDA; FROM COUNTY A-3
(TRANSITIONAL AGRICULTURE) TO CITY RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT);
AUTHORIZING THEMAYORTOEXECUTETHEPLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE ELEGANT MANOR ESTATES SUBDIVISION
PLANNED UNIT DEVELOPMENT; 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.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Vincenzo J. Alison, agent/applicant on behalf of Vincenzo J. Alison, Vincent J.
Alison and Joseph Alison, owners of property located South of Air Park Road, West of Silver Palm
Drive, Edgewater, Florida. Subject property contains approximately 27.69 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
On October 11, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 4, 2006, the City Council considered on first reading/public hearing
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the proposed change in the zoning classification after publication of such hearing in the Observer
on Thursday, November 23, 2006. The first reading/public hearing was continued.
5. On March 5, 2007, City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
Saturday, February 24, 2007.
6. On April 9, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, March 29, 2007, and notifying by
mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
7. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
8. The proposed change in zoning classification is not contrary to the established land
use pattern.
9. The proposed change in zoning classification will not adversely impact public
facilities.
10. Changed or changing conditions make the proposed amendment necessary.
11. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
12. The proposed change will not have a negative effect on the character of the
surrounding area.
13. The City Council finds that the requested rezoning does not affect a large portion of
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the public, but rather has impact on a limited number of persons or property owners.
14. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
15. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
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 forthe following described property is hereby changed from County
A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to
the associated Planned Unit Development (PUD) Agreement for the Elegant Manor Estates
Subdivision (attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of Volusia
and State of Florida.
A portion of the John Bolton Grant, Section 39, Township 18 South, Range 34 East
and a portion of the Tom B. Stewart Subdivision, according to the plat thereof as
recorded in Map Book 6, Page 80 of the Public Records of Volusia County, Florida,
being described as follows:
Commence at the northeasterly comer of said John Bolton Grant, said point being
marked by a 1/2" iron pipe and being Department of Environmental Protection
Certified ComerNo. 0049158; thence South 69'34'10" West, along the northerly line
of said John Bolton Grant, a distance of 1800.00 feet for the Point of Beginning;
thence South 21 °08'37" East, a distance of 60.79 feet to the northwesterly corner of
Florida Shores No. 15, according to the plat thereof as recorded in Map Book 19,
Page 216 of the Public Records of Volusia County, Florida; thence South 21 ° 12'43"
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2006-0-43
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East, along the westerly line of said Florida Shores No. 15, a distance of 744.60 feet
to the Southwesterly comer of said Florida Shores No. 15, said point also being the
northwesterly comer of Florida Shores No. 16, according to the plat thereof as
recorded in Map Book 19, Page 217 of the Public Records of Volusia County,
Florida; thence South 21010'51" East, along the westerly line of said Florida Shores
No. 16, a distance of 640.52 feet; thence South 21007'09" East, continuing along said
Westerly line of Florida Shores No. 16, a distance of 50.02 feet; thence South
219T25" East, continuing along said westerly line of Florida Shores No. 16, a
distance of 689.96 feet to the northwesterly corner of Block 378, said Florida Shores
No. 16; thence South 21012'53" East, continuing along said westerly line of Florida
Shores No. 16, a distance of 8.00 feet to the Point of Termination of the Boundary
Agreement as recorded in Official Records Book 5529, Page 4704 of the Public
Records of Volusia County, Florida; thence South 68048'58" West, along said
Boundary Agreement, a distance of 545.51 feet; thence North 21022'21" West,
continuing along said Boundary Agreement, a distance of 2201.17 feet to the Point
of Beginning of said Boundary Agreement and to said northerly line of the John
Bolton Grant; thence North 69034'10" East, along said northerly line of the John
Bolton Grant, a distance of 552.29 feet to the Point of Beginning.
Containing 27.69 ± acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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,
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inoperative, or void by a court of competent jurisdiction, 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 by a court ofcompetentjurisdiction, such holding shall not
affect its applicability to any other person, property, or 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.
During the first reading/public hearing on December 4, 2006, after a Motion by
Councilwoman Rogers and Second by Councilwoman Rhodes to continue first reading until receipt
of the Traffic Study; and a vote of 4-0 (Mayor absent), first reading of this ordinance was continued.
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After Motion to approve by Councilman Vincenzi and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on March 5, 2007, was as follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
Councilwoman
After Mofiontoapprove by— Lichter
Councilman
andSecondby Vincenzi
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
_ Absent
Councilwoman Judy Lichter
x
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PASSED AND DULY ADOPTED this 9' day of April, 2007.
.4`
ATTEST. ,
� A01Wfidsworth
Cify Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2006-0-43
CITY COUNCIL OF THE
CITY O � EDGEWA E LORH)A
sy:
ike T mas
yor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 9' day of
April, 2007 under Agenda Item No. 7 c .
0
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal, Esquire
Foley & Lardner, LLP
I 1 N. Orange Avenue, Suite 1800
Orlando FL 32801-2386
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
ELEGANT MANOR ESTATES
THIS AGREEMENT is made and entered into this {'k day of day of r l , 2007
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 VINCENZO ALISON, ETAL, owner whose address is 64 Geigerich
Avenue, Staten Island NY 10307, (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 27.69t acres located west of Silver
Palm Drive and south of Air Park Road 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 Vincenzo Alison, Etal.
Elegant Manor Estates
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2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Elegant Manor Estates, as defined by the Master Plan, dated
August 2005 (Exhibit `B" included herein), within one (1) year of required permit approval's
for this project, or within eighteen (18) months of the effective date of this Agreement.
Developer's failure to initiate construction within one (1) year may result in the City's
termination of the Agreement. The City, at its sole option, may extend the duration of this
Agreement. This development must be consistent with the Master Plan and must be approved by
City Council prior to commencement of any authorized work. 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 USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the Elegant Manor
Estates Master Plan dated August 2006 (Exhibit `B"). Elegant Manor Estates shall be
developed with the City's single-family development procedures. Final project approval may be
subject to change based upon final environmental, permitting, and planning considerations. Use
of the property will be as follows:
A. Average Lot Size/Unit Count
The net developable acreage is 15.93 acres pursuant to requirements set forth in the Land
Development Code. Elegant Manor Estates shall not exceed a total of fifty-two (52) single-
family dwelling units. The fifty-two (52) single-family lots are planned to be 80'x 125' or
greater. Based on Final Subdivision Plan approval, the total number of units may vary but the
maximum residential units allowed for Elegant Manor Estates shall not exceed 3.26 dwelling
units per net acreage or a total of fifty-two (52) units.
No lot will exceed a maximum building coverage of 50% with a maximum impervious
coverage of 60% per lot.
Minimum Lot Size:
Single -Family
Area — 10,000 square feet
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Width — 80-feet
Depth —125-feet
B. Minimum House Square Footaee
The minimum gross house square footage shall be at least 1,800 square feet living area under air.
In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will
be allowed.
Minimum Yard Size and Setbacks:
Front — 30'
Rear — 20'
Side —10'
Side Comer — 30'
Maximum Height — 26'
Utility Easements —10' front, 5' sides
Swimming Pools Rear 10' from property line to pool deck edge
Side 10' from property line to pool deck edge
C. Roads
There shall be one access mad permitted from Air Park Road. All roadways within the
development shall have a minimum right-of-way width of at least fifty -feet (50').
D. Stormwater Manaaement
The retention pond(s) will meet the requirements for the St. Johns River Water
management District and the City of Edgewater Land Development Code (LDC). The pond(s)
are approximately 6.6f acres and will be owned and maintained by the HOA. Developer is
required to provide and outfall to a publicly owned drainage conveyance system, and obtain an
off -site drainage easement if necessary. The developer shall meet all requirements pertaining to
flood plain development standards as defined in the LDC.
E. Sianaee
An entrance sign of a maximum 60-square feet may be erected by the owner. Signage
shall not be located within any public right-of-way.
F. Trees
There shall be a minimum of seven (7) trees per each single-family home building lot.
Trees shall be 2 '/2: in diameter, measured 6" above the soil line and shall be of a variety listed in
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Exhibit "C" — Trees. A tree survey shall be provided prior to construction plan approval. Each
lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree
survey shall be to determine the number of specimen and historic tree and to determine the tree
mitigation requirements. All tree requirements pursuant to he Land Development Code shall be
satisfactorily addressed.
Statistical tree survey information may be considered at the discretion of the
Development Services Director. However, such statistical surveys shall be limited to sites
containing an overstory consisting predominantly of tress uniform in age, species and
distribution, which do not contain specimen or historic tress. Statistical surveys must be
conducted in compliance with accepted forestry practices.
The development of this subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
G. Entrance to Subdivision
One entrance to serve the subdivision shall be permitted at Air Park Road, with a
minimum right-of-way width of fifty -feet (50').
H. Model Homes and Temporary Offices
Lots 1, 2, 34 and 35 are 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 structures, such as
trailers, recreational vehicles, and the like may be permitted as temporary sales office while a
model home is under construction. Such temporary offices shall only be permitted for an interim
period not to exceed sixty (60) days or until completion of first model home, whichever occurs
first.
Model home construction prior to plat recording shall only be allowed upon compliance
with the following requirements:
(a) Provisions for fire protection, including testing and approval of the water
system by the Florida Department of Environmental Protection (FDEP), in
on -site hydrants are required to service the area where the proposed models
will be constructed.
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(b) 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.
(c) Permanent utility connections cannot be made until the sanitary sewer
system has been completed and certified to FDEP.
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
Standard Building Code shall be deemed to authorize limited occupancy of model homes.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies the property for real estate purposes may be displayed in the following locations and
numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of
fifteen (15) square feet.
(a) Single -Family model home lots shall not exceed two (2) flags.
I. Declaration of Covenants. Conditions and Restrictions
The Declarations of Covenants, Conditions and Restrictions: Articles of Incorporation,
and By -Laws for the Homeowners Association will be recorded in the public records of Volusia
County at the time the Final Plat for Elegant Manor Estates is recorded.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Elegant Manor Estates is Low Density Residential
with Conservation Overlay. The zoning designation for Elegant Manor Estates shall be 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.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of
connection. 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.
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B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. 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.
C. The City has determined that reclaimed water may be available in the near future;
therefore the Developer shall install piping for future reclaimed water service.
D. Developer agrees to provide on and off -site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
Homeowners Association at the time of final plat approval. The Developer shall improve the
existing intersection of Air Park road and 22n" Street, realigning said roadways to establish an
intersection with a four (4) way stop pursuant to City standards.
G. Off -site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water — Pay 100% of the applicable impact fees to the City by applicant at the
time permit application (capacity reservation) is signed by the City. A minimum
water charge shall be applied to each E.R.U. reserved and not connected within
one (1) year.
Sewer — Pay 100% of the applicable impact fees to the City by applicant at the
time permit application (capacity reservation) is signed by the City. A minimum
sewer charge shall be applied to each E.R.U. reserved and not connected within
one (1) year.
Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit
application.
City Roads — Paid to City by applicant at the time of Building Permit Application.
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Volusia County Impact Fees for Roads and Schools — Paid at City Hall by
applicant to include, but not be limited to, local road impact fee, County road
impact fee, prior to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
I. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review and construction inspections related to the Elegant Manor
Estates development approval and the construction inspection related to the Elegant Manor
Estates development approval and the construction of required infrastructure improvements and
the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
r. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collectionhreatment system, including outfall system.
4. Piping for future reclaimed water.
5. Provide all required pavement marling and signage (stop signs, road signs,
etc) within the Subdivision. All signage shall comply with Florida
Department of Transportation (FDOT) standards.
6. Developer is responsible for costs of recording the plat upon approval by
the City of Edgewater.
7. Bonds — A Performance Bond may be accepted by the City and shall be
110% of the costs of all remaining required improvements. A Maintenance
Bond equal to 10% of the cost of the 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.
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8. Sidewalks shall be constructed on both sides of the streets/roadways and
have a minimum width of four feet (4') and shall be constructed prior to
issuance of a Certificate of Occupancy on each building lot. Developer
shall provide a bond or surety in a form acceptable to the City in the
amount of $10.00 per lineal foot for two (2) years. If sidewalks are not
completed within two (2) years, the developer will install the remaining
sidewalks.
9. Streetlights shall be reflected in the Declaration of Covenants and
Restrictions, and maintained by the Homeowners Association and be
installed by the Developer at time of installation of the infrastructure or
prior to the Certificate of Occupancy issuance for the first dwelling unit.
M. Recreational Facilities
A one (1) acre passive recreation area is located between lots 22 through 35 and lots 36
through 49.
6. 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.
7. DEDICATION OF LAND FOR PUBLIC USE
The Developer shall convey to the City of Edgewater, by warranty deed and title
insurance free and clear of all liens and encumbrances, all roadway right of ways and all utility
easements as required. Elegant Manor Estates has designated 6.9t acres as open space pursuant
as defined in Article II of the Land Development Code, to be maintained by the HOA.
8. PERMITS REQUIRED
The developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, and Florida Fish and Wildlife Conservation Commission.
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2. City of Edgewater — Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100-year flood elevation for this site is eight (8) feet; minimum finished floor
elevation shall be nine (9) feet.
9. DEVELOPMENT REOUHtEMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Develop 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, or as expressly provided for in this
Agreement.
Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory
HOA will also be responsible for the streetlight requirements that result from the project
including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance of the stormwater areas within the Elegant Manor Estates
common area tracts as depicted on the plat. 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.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terns, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
11. 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
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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.
12. PERFORMANCE GUARANTEES
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.
13. 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.
14. 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.
15. 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 on competent
substantial evidence that there has been a failure to comply with the terns of this Agreement, the
Agreement may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENUAMENDMENT
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
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only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
19. FURTHER DOCUMENTATION
The parties agree that at anytime following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in fort and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. 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.
21. 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
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.
22. 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.
23. 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.
24. SEVERABHdTY
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
Elegant Manor Estates 11
Instrument* 2007-179747 7 20
V Book: 6106
�J Paoe : 4911
CITY COUNCIL OF THE CITY OF
EEDDGEWA ER, RI A
Mich el L. Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
Owner/Developer ate/
Ae-� Y-? ')g L
Signed, sealed and delivered in the presence of:
STATE OF BhOfflPA iX6ZO 064< cr
COUNTYOF*9bH&l ,e
The foregoin instrument was acknowledged before me on this �� day of l741WIF
2006, by and who is personally known to me or has
produced as identification and who did (did
not) take an oath.
elegant manor estates
12
=W1.1.1VAamilt
Stamp/Seal WRIS FISNBEIN
Notary Pudic, State of New York
No. 43-48056e2
CumlKed in Richmond County
CafmalWion Ewes Sent. 30. — —
Instruante 2007-179747 t 21
C OBook: 6106
Page: 4912
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A portion of the John Bolton Grant, Section 39, township 18 South, Range 34 East and a portion
of the Tom B. Steward Subdivision, according to the plat thereof as recorded in Map Book 6,
Page 80 of the Public Records of Volusia County, Florida, being described as follows:
Commence at the northeasterly comer of said John Bolton Grant, said point being marked by
al/2" iron pipe and being Department of Environmental Protection Certified Comer No.
0049158; thence South 69034'10" West, along the northerly line of said John Bolton Grant, a
distance of 1800.00 feet for the Point of Beginning; thence South 21008'37" East, a distance of
60.79 feet to the northwesterly comer of Florida Shores No. 15, according to the plat thereof w
recorded in Map Book 19, Page 216 of the Public Records of Volusia County Florida; thence
South 21012143" East, along the westerly line of said Florida Shores No. 15, a distance of 744.60
feet to the southwesterly corner of said Florida Shores No. 15, said point also being the
northwesterly comer of Florida Shores No. 16, according to the plat thereof as recorded in Map
Book 19, Page 217 of the Public Records of Volusia County, Florida; thence South 21010'51"
East, along the westerly line of said Florida Shores No. 16, a distance of 640.52 feet; thence
South 21 °07'09" East, continuing along said westerly line of Florida Shores No. 16, a distance of
50.02 feet; thence South 21012'25" East, continuing along said westerly line of said Florida
Shores No. 16, a distance of 689.96 feet to the northwesterly comer of Block 378, said Florida
Shores No. 16; thence South 21012'53" East, continuing along said westerly line of Florida
Shores No. 16, a distance of 8.00 feet to the Point of Termination of the Boundary Agreement as
recorded in Official Records Book 5529, Page 4704 of the Public Records of Volusia County,
Florida; thence South 68048'58" West, along said Boundary Agreement, a distance of 545.51
feet; thence North 21°22'21" West, continuing along said Boundary Agreement, a distance of
2201.17 feet to the Point of Beginning of said Boundary Agreement and to said northerly line of
the John Bolton Grant; thence North 69034' 10" East, along said northerly line of the John Bolton
Grant, a distance of 552.29 feet to the Point of Beginning.
Containing 27.69t acres more or less and being in Volusia County, Florida.
elegant manor estates 13
InstrummU 2007-179747 1 22
Book: 6106
Page: 4913
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Instruent! 2007-179747 t 24
C ^ Book: 6106
V Page: 4915
Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "C"
TREES
Common Name
Botanical Name
Inches (DBH)
Elm
Ulmus spp.
12 plus
Hickory
Carya spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Magnolia
Magnolia grandiflora
12 plus
Maple
Acer spp.
12 plus
Other Oak Species
Quercus spp.
12 plus
Red Bay
Persea borbonia
12 plus
Red Cedar
Juniperus silicicola
12 plus
Swamp Bay
Persea palustris
12 plus
Sweet Bay
Magnolia virginiana
12 plus
Sweet Gum
Liquidambar styraciflua
12 plus
Sycamore
Platanus occidentalis
12 plus
Turkey Oak
Quemus laevis
12 plus
Cypress
Taxodium spp.
12 Plus
Sugarberry/Hackberry,
Celtis laevigata
12 Plus
Slash Pine
Pinus elliottii
18 Plus
Longleaf Pine
Pinus palustris
18 Plus
elegant manor estates 15