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2008-O-13 ORDINANCE NO. 2008-0-13 02/19/2009 02:30 PH Instrument# 2009-031165 # 1 Book: 6324 Page: 4423 AN ORDINANCE REZONING A PARCEL OF APPROXlMA TEL Y 110.66 ACRES LOCATED ON THE EAST SIDE OF OLD MISSION ROAD, NORTH OF MISSION OAKS CONDOMINIUMS AND SOUTH OF JOSEPHINE STREET, EDGEW A TER, FLORIDA, FROM COUNTY MH-5 (URBAN MOBILE HOME), MH-l (MOBILE HOME PARK), MH-7 (MOBILE HOME PARK) AND RC (RESOURCE CORRIDOR) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT); AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE OAKWOOD COVE SUBDIVISION PLANNED UNIT DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; 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: I. A.S.D. Properties Management, LLC, owner/applicant of property located on the East side of Old Mission Road, North of Mission Oaks Condominiums and South of Josephine Street, within V olusia County, Florida. Subject property contains approximately 110.66 2: acres more or less. 2. The owner/applicant has submitted an application for a change in zomng classification from County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home Park) and RC (Resource Corridor) to City RPUD (Residential Planned Unit Development) for the property described herein. 3. On October 8, 2008, the Local Planning Agency (Planning and Zoning Board) Struek thr-eligh passages are deleted. Underlined passages are added. 2008-0-13 Instrument# 2009-031165 # 2 Book: 6324 Page: 4424 considered the application for change in zoning classification and by a vote of 5 - 0, the Board recommended that City Council consider approval of the request. 4. On November 17, 2008, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Daytona News-Journal on Thursday, November 6,2008. 5. On January 5,2009, the City Council held a public hearing on the application after publishing notice of such hearing in the Daytona News-Journal on Wednesday, December 25, 2008, 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. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. 12. The City Council finds that the requested rezoning does not affect a large portion of 2 Struek through passages are deleted. Underlined passages are added. 2008-0-13 Instrument# 2009-031165 # 3 Book: 6324 Page: 4425 the public, but rather has impact on a limited number of persons or property owners. 13. 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. 14. 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 EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home Park) and RC (Resource Corridor) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for the Oakwood Cove Subdivision (attached hereto and incorporated herein as Exhibit "B"). The following described real property all lying and being in the County of Vol usia and State of Florida. PARCEL A - (OR BOOK 2450, PO 1863): The following land in V olusia County, Florida: All of Block "0" except Lot 2 West of Canal and North of Road; that part of Lot I, Block "E" lying South of Road, except that portion described as follows: Beginning at the Southwesterly comer of said Lot I, Block "E", thence Northerly along the Westerly line of said Lot, a distance of325 feet to the Point oflntersection of the West line of Lot I with the County Road; thence Northerly along County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly comer of said Lot; thence Westerly along Southerly line to the Point of Beginning" 3 Struck t1mmgh passages are deleted. Underlined passages are added. 2008-0-13 Instrument. 2009-031165 , 4 Book: 6324 Page: 4426 all being situated in the JAMES LUPE SUBIOIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida. ALSO: That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the map in Map Book 1, Page 141, described as follows: Beginning at the Southeast comer of Block "0" of JAMES LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the extension of the East line of Block "0", a distance of220 feet; thence Westerly to the Southwest comer of said Block "0"; thence Easterly along the South line of said Block "D" to the Point of Beginning, except that part described as follows: Property in Block "0" of the JAMES LUPE SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described as follows: Commence at the SE comer of Block "D" of JAMES LUPE SUBDIVISION; thence Southerly on a line being the extension of the East line of Block "0", a distance of220.1 feet; thence South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East 735.77 feet; thence South 67013' 40" East 277.66 feet; thence South 22046'20" West 55 feet; thence South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet; thence South 72039'20" Wes 133.33 feet; thence North 17020'40" West 225 feet; thence North 72039'20" East 133.33 feet to the Point of Beginning. TOGETHER WITH: PARCEL "A' - (OR BOOK 2476, PG 1012): A parcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3r lying and being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows: Commence at the Northeast comer of said Middle 3rd; thence Southerly along the East line of the HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the Easterly line of HULL GRANT; thence S 64042' W 2331.76 feet; thence N 13026'30" E, 1806.24 feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning, Containing 61.56 acres more or less and all being in said AMBROSE HULL GRANT; PARCEL "B": A parcel ofland in the Middle Third ofthe AMBROSE HULL GRANT, said Middle Third lying and being in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range 34 East and described as follows: Commence at the 4 Strnek threl:lgh passages are deleted. Underlined passages are added. 2008-0-13 Instrument# 2009-031165 # 5 Book: 6324 Page: 4427 Northeasterly comer of said Middle Third, t hence Southerly along the Easterly line ofthe AMBROSE HULL GRANT, 1631.6 feet, thence South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013' E, 69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road) thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of Beginning of this description. Subject to an easement over Parcel "B" for road purposes. PARCEL "C": A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of V olusia County, Florida, being described as follows: Commence at the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North 1 000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South 69012'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East, a distance of281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North 21 001' 46" West, a distance of 281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet to the Point of Beginning. Subject to and together with a 30 foot easement for ingress/egress and utilities described as follows: A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of V olusia County, Florida, being described as follows: Commence at the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION, thence North 21000'00" West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012' 53" West, a distance of 1548.04 feet; thence South 21000'00" East, a distance of 125.65 feet for the Point of Beginning; thence continue South 21 000'00" East, a distance of 30.00 feet; thence South 69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69 feet; thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road, as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road, a distance of31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South 65047'07" East, a distance of 177.69 feet to the Point of Beginning. Containing 110.66 i: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. 5 8tn:lek tllrougll passages are deleted. Underlined passages are added. 2008-0-13 PART B. Instrument. 2009-031165 # 6 Book: 6324 Page: 4428 AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, 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 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 of competent jurisdiction, 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 Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 6 Struek through passages are deleted. Underlined passages are added. 2008-0-13 Instrument. 2009-031165 # 7 Book: 6324 Page: 4429 PART G. ADOPTION. After Motion to approve by Councilwoman Rhodes and Second by Councilman Cooper, the vote on the first reading of this ordinance held on November 17,2008 is as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra Jean Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve byCOU1l~ilwDm{/n~~d Second bY~f\IInr.i;IAJtnIl"", ehOJ.,5 , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra Jean Rogers A~-L Councilwoman Gigi Bennington x X Councilwoman Harriet B. Rhodes Councilman Ted Cooper A Dse.rrt 7 Struek threHgh passages are deleted. Underlined passages are added. 2008-0-13 Instrument. 2009-031165 # 8 Book: 6324 Page: 4430 PASSED AND DULY ADOPTED this 5th dayofJanuary, 2009. ATTEST: ~~ n. lJ)o~ Bonnie A. Wenzel - City ~~e.tk! r . <.-, ( " '~ . f" i .~; J ... .,. . t..... ,.' ~. . ,': . ;.; ~'. ;.:;'" i }.i' 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 8truek through passages are deleted. Underlined passages are added. 2008-0-13 ~~~I;~ Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 5th d~y of January, 2009 under Agenda Item No. 7~. 8 <Il ~ Cll Cll c. :e !I 2 ~ Os a.. e z~ .. ::i u Cll a.. ~ :c- o U :s ~ U) ~D Instrument. 2009-031165 # 9 Book: 6324 Page: 4431 ~ ----- --- (: ~dodl ~ ~ _c:.: ,~ Instrument. 2009-031165 # 10 Book: 6324 Page: 4432 THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0 I 00 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEW A TER P.O. Box 100 Edgewater, FL 32132-0 I 00 For Recording Purposes Only PUD AGREEMENT OAKWOOD COVE clCD9 THIS AGREEMENT is made and entered into this -5 tA day ofa~d' W68,by and between, the CITY OF EDGEW A TER, 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 A.S.D. Properties Management, LLC, owner, whose address is 333 W. Marion Avenue, Edgewater, Florida 32132 (hereinafter 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 110:1: acres located east of Old Mission Road and north of Mission Oaks 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 A.S.D. Properties Management, LLC. 2. VESTED RIGHTS On January 7, 2008, the City Council determined the Developer to have vested rights. Accordingly, the rules, regulations and provisions ofthe City's Land Development Code in place on or about September 10, 2006 shall apply. Any and all vested rights granted to Developer shall remain in place so long as this Agreement shall be in full force and effect and shall lapse in the event Instrurnentl 2009-031165 # 11 Book: 6324 Page: 4433 this Agreement is terminated or revoked. This Agreement may be terminated or revoked solely under those limited circumstances specifically set forth herein and only for just cause following Developer's failure to cure a material breach of such specific provisions after receiving written notice and a reasonable opportunity to cure such breach from the City. 3. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Oakwood Cove, as defined by the Master Plan, dated June 4, 2008 (Exhibit "B" included herein), within twenty four (24) months of the effective date of this Agreement. Developer's failure to initiate construction within twenty four (24) months may result in the City's termination of the Agreement. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation 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. 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. 4. 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 Land Development Code, as described in Paragraph 2 above. The Developer further agrees that all development will be consistent with the Oakwood Cove Master Plan dated June 4, 2008 (Exhibit "8"). Oakwood Cove shall be developed consistent 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 SizelUnit Count Oakwood Cove shall not exceed a total of 135 single-family dwelling units. The 135 single- family lots are planned to be a minimum of 50' x 95' or greater. Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for Oakwood Cove shall not exceed 1.35 gross dwelling units per total acreage or a total of 135 units. Instrument# 2009-031165 # 12 Book: 6324 Page: 4434 No lot will exceed a maximum building coverage of35% with a maxImum impervious coverage of 65.% per lot. Minimum Lot Size: Area - 4,750 square feet Width -50 feet Depth - 95 feet B. Minimum House Square Footage The minimum gross house square footage shall be at least 960 square feet living area under air, carports will be allowed. C. Minimum Yard Size and Setbacks: Front -20' Rear - 10' Side - 7.5' Side Comer - 7.5' Maximum Height -35' Utility Easements -5' front, 7.5' sides D. Roads Roads within Oakwood Cove will have a minimum right-of-way of fifty-feet (50') with twenty feet (20') of pavement and a two-foot (2') curb on one side of the road and a six-inch (6") curb on the other. All roadways within Oakwood Cove will be private and gated. All gates shall conform to the requirements of Section 21-215 of the City of Edgewater Land Development Code. Utilities shall be dedicated to the City of Edgewater. E. Stormwater Management 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:i: 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. The Developer shall install a 2' high berm within the 15' buffer on Instrument. 2009-031165 # 13 Book: 6324 Page: 4435 the south side of the property. F. Signage Any signage shall meet the current City of Edgewater Land Development Code. G. Trees Single-family lots shall have a minimum of two (2) trees per lot. All other City and County minimum tree protection standards shall be satisfied for this subdivision development. H. Entrance to Subdivision Two (2) entrances, per master plan, shall be permitted for accessing the development from Old Mission Road. I. Model Homes and Temoorary Offices Lots 1, 2, 15 and 102 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 a 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 the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: (a) 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. (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. Instrument# 2009-031165 # 14 Book: 6324 Page: 4436 Flags or insignias which read "model", "open", "open house" or any other phrase which identifies 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. The number of flags shall not exceed four (4) J. Declaration of Covenants. Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By-Laws for the Homeowners Association will be recorded in the public records of V olusia County at the time the final plat for Oakwood Cove is recorded. K. Permitted Commercial/Retail Uses for Northern Parcel Notwithstanding anything in the Agreement to the contrary, the northern portion of the property described on Exhibit "C" attached hereto (the "Northern Parcel"), shall be developed for anyone or more of the following permitted commercial/retail uses and/or any uses compatible with Zoning District "B-2" as established under the City's Land Development Code: . Financial, Banking and Investment Institution; Gas/Service Station; Convenience Store; Retail; Professional Offices; Studios; Restaurant; Personal Service Facilities; Public Buildings and Government Offices; Recreation and Entertainment; Laboratory/Clinic; Toys/Sporting Goods; Courier Service; Hardware/PaintlWallpaper Stores; Office Supply; Car Wash; Day Care Center; Pharmacy; Realtor; Insurance Sales Office; Health/Fitness Facilities; Liquor Store; ChurchesIPlaces of Worship; . . . . . . . . . . . . . . . . . . . . . . Instrument. 2009-031165 # 15 Book: 6324 Page: 4437 . MedicalIDentist Office; . Furniture Store; . Eating and Drinking establishments; . Computer sales/services; . Beauty/Barber Shop; . Dance Studio; . Telecommunication towers/antennas; . AnimalN eterinary Hospital; . Retail LaundryIDry Cleaning; . Night Club/Lounge/Bar; . Pool Hall/Billiards; . Shopping Center; . Theater; . Schools; . RV & Boat Storage; and . Arcades. If the Northern Parcel is developed for commercial/retail uses, the setbacks and height restrictions and other requirements for the Northern Parcel shall be as follows: 1. Intensity - The commercial/retail development shall not exceed a total of 58,500 square feet (500 square feet per dwelling unit). 2. Building Height - The maximum building height for the commercial/retail buildings shall not exceed 35 feet measured from the finished floor elevation to the peak of the roof. 3. Maximum Impervious Coverage - The impervious coverage for the commercial/retail development shall not exceed seventy five percent (75%). 4. Setbacks - The setbacks for the commercial/retail development shall be 40 feet in the front, 20 feet in the rear, and 10 feet on each side. 5. Minimum Lot Size - The minimum lot width for the commercial/retail development shall be 80 feet. The minimum lot depth for the commercial/retail development shall be 125 feet. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Oakwood Cove is Medium Density Residential with Conservation Overlay and Conservation. The zoning designation for Oakwood Cove 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 InstrurnenU 2009-031165 # 16 Book: 6324 Page: 4438 development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 6. 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 the time of platting. 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 future. Therefore, the developer shall install reclaimed piping in anticipation of said services. 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 Oakwood Cove Homeowners Association at the time offinal plat approval; provided, however, if the Northern Parcel is developed for commercial/retail uses, the roadway improvements and all associated right-of-ways in the Northern Parcel shall be dedicated to the Oakwood Cove Commercial Owner's Association. 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 the applicable permit application is signed by the city, thereby reserving requisite water Instrument# 2009-031165 # 17 Book: 6324 Page: 4439 capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (I) year. Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (l) year. Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. Roads - Paid to City by applicant at the time of Building Permit Application. V olusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - 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. 1. 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 inspection related to the Oakwood Cove 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: 1. 2. 3. 4. Water Distribution System including fire hydrants. Sewage Collection and Transmission System. Stormwater collection/treatment system, including outfall system. Provide all required pavement marking and signage (stop signs, road signs, etc.) Instrument# 2009-031165 # 18 Book: 6324 Page: 4440 within the Subdivision. All signage shall comply with Florida Department Of Transportation (FOOT) standards. 5. Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 6. 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 of the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period. 7. Sidewalks shall be constructed on one side of the street/roadways, along all common areas and have a minimum width of four feet (4') and shall be constructed on each building lot prior to issuance of a Certificate of Occupancy on said building lot. Sidewalks along common areas 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 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 8. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the Homeowners Association or the Commercial Association, as applicable, and be installed by the Developer, pursuant to LDC standards at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. M. Recreational Facilities No recreational facilities are planned at this time. 7. 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. 8. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the Oakwood Cove Homeowners Association or the Instrument. 2009-031165 , 19 Book: 6324 Page: 4441 Commercial Association, as applicable, 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. Oakwood Cove has designated 27.5 acres as open space, to be dedicated and maintained by the HOA. Natural Preservation Areas and/or Conservation Easements/Areas shall be dedicated to the St. Johns River Water Management District and the City of Edgewater. 9. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. County of V olusia, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 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 6.2-feet minimum finished floor elevation shall be 7.2- feet. 10. 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. II. HEAL Tn 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. 12. 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 Instrument# 2009-031165 # 20 Book: 6324 Page: 4442 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 ofthe City Council is the final authority concerning this Agreement. 13. 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. 14. BINDING EFFECT 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. 15. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in V olusia County. The cost of recording shall be paid by the Developer. 16. 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 00 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 17. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 18. TIME OF THE ESSENCE Instrument# 2009-031165 # 21 Book: 6324 Page: 4443 Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 19. 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, will require City Council approval. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. Instrument. 2009-031165 # 22 Book: 6324 Page: 4444 25. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: ~)Y\N\.J. <> J "\ l.. ) ()f'N1t 0 , " j', t'\ " "".(j,." v . t. ,'Cj, I" , : .\.:- Bonni~~Wenzel" : f' ',F) v . t... '. . :" t {r>: I : / CitY O'erki , ~,:... l l"j i l (. it Mayor (..., ... ~ \,'< ,,::: ;.:,/~'1:(" ,;.~. {~ ~ r; . t;..... :, CYcb-:...~~.('b Robin L. Matusick Paralegal Witnessed by: A:b, Ie,,, A ~ ~<-0~ A.S.D. Properties Management, LLC Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this J ill; day of -;)d#?,,'N"/ ,~~y [J,oJ" ~-1/ ~/.7""~ . and bho is personally known to meJor has pr~uced / as identification and who did (did noQ take an oath. C~ {Y\../Q..L.-~ Notary Public Stamp/Seal ~~~ .~-~ ~ ~~~ CAROL 'MORGAN' II .... II..~ : \".IIUIr,/, Co # 000660982 : : *~X'IJ.~... mm : . "'~m"<- . ~ ~~~Z$ Expires 4/912011 ~ : \..~OF ~~. : : ~/'ft'it~'\'" Florida Notary Assn., loe : ,.!! II II 1.1................ II........... II.... II Instrument# 2009-031165 # 23 Book: 6324 Page: 4445 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Vol usia and State of Florida. PARCEL A - (OR BOOK 2450, PG 1863): The following land in V olusia County, Florida: All of Block "0" except Lot 2 West of Canal and North of Road; that part of Lot I, Block "E" lying South of Road, except that portion described as follows: Beginning at the Southwesterly corner of said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of325 feet to the Point ofIntersection ofthe West line of Lot 1 with the County Road; thence Northerly along County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly corner of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated in the JAMES LUPE SUBIDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida. ALSO: That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the map in Map Book 1, Page 141, described as follows: Beginning at the Southeast corner of Block "D" of JAMES LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest corner of said Block "D"; thence Easterly along the South line of said Block "D" to the Point of Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described as follows: Commence at the SE corner of Block "D" of JAMES LUPE SUBDIVISION; thence Southerly on a line being the extension ofthe East line of Block "D", a distance of 220.1 feet; thence South 67022 ' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East 735.77 feet; thence South 67013 '40" East 277.66 feet; thence South 22046'20" West 55 feet; thence South 17020'40" East to feet for the Point of Beginning; thence South 17020'40" East 225 feet; thence South 72039'20" Wes 133.33 feet; thence North 17020'40" West 225 feet; thence North 72039'20" East 133.33 feet to the Point of Beginning. TOGETHER WITH: Instrument. 2009-031165 # 24 Book: 6324 Page: 4446 PARCEL "A' - (OR BOOK 2476, PG 1012): A j,arcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3r lying and being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows: Commence at the Northeast comer of said Middle 3rd; thence Southerly along the East line of the HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the Easterly line of HULL GRANT; thence S 64042' W 2331.76 feet; thence N 13026'30" E, 1806.24 feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning, Containing 61.56 acres more or less and all being in said AMBROSE HULL GRANT; PARCEL "B": A parcel ofland in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying and being in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range 34 East and described as follows: Commence at the Northeasterly comer of said Middle Third, t hence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet, thence South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013' E, 69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road) thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of Beginning of this description. Subject to an easement over Parcel "B" for road purposes. PARCEL "C": A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of V olusia County, Florida, being described as follows: Commence at the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North 1 000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South 69012' 53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East, a distance of 281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North 21001 '46" West, a distance of281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet to the Point of Beginning. Subject to and together with a 30 foot easement for ingress/egress and utilities described as follows: A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page 125, of the Public Records of Vol usia County, Florida, being described as follows: Commence Instrument# 2009-031165 # 25 Book: 6324 Page: 4447 at the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION, thence North 21000'00" West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012'53" West, a distance of 1548.04 feet; thence South 21000'00" East, a distance of 125.65 feet for the Point of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence South 69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69 feet; thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road, as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road, a distance of 31.61 feet; thence North 69013 '32" East, a distance of 1634.07 feet; thence South 65047'07" East, a distance of 177.69 feet to the Point of Beginning. Containing 110.66 j: acres more or less. Instrument# 2009-031165 # 26 Book: 6324 Page: 4448 EXHIBIT "B" MASTER PLAN l"- N -= Ll? CC :::"It0') 9N"It ~C":l"lt N(O"It - ~ I' I' ill ~ OJ 200) ~Ottl !o--o4a:Jc.. I I <- ~~;, :/ I I '\ .-r_ II y I I .....4_, I.) .,.... '- \ "- ,-":,,~,:-1 I" ie' lANOSCA r , 1,..........- .:>.' ,,' . @~-'" '~, ~~~~ '-, '0 ~'" " ~~ ..... ,. Q~ { ell' " ..,.~ '0 .{ ~ q ~ q ,.. .. z o ~ .. ;ll ",n~ ...i?o )Jo~2 Q"''' ...01' "'/!~ ~ '" ~ ~ ~ ~ '" HI '" il , ~ I ! W1~91!~.~ ti CMS:=-'~~ i-...--. --- -..... --- OAKWOOD COVE PUD CONCEPTIJAL SITE PLAN FOR REVIEW ONLY NOT FOR CONSTRUCTION I It 'A ~~:I -. . ~ a I HiJHf~ i!HJHI i U!HII11fiUH iiifgBnHlf..~~'flff! ~idlp~ Ifiq ~P-'I ~ If 'i ll!! r .. 1/ .. I au .~~~ - IHf~'~~~~U! uil ~i i' ~ ttn i J ";; u-- 1110 ;; Instrument. 2009-031165 # 28 Book: 6324 Page: 4450 Diane H. Matousek Vo lusia County J Clerk of Court EXHIBIT "C" NORTHERN PARCEL (COMMERCIAL) LEGAL DESCRIPTION A PORTION OF BLOCK "D" OF JAMES LUPE'S SUBDIVISION OF THE AMBROSE HULL GRANT PER MAP BOOK 17, PAGE 63 (MAP BOOK 2, PAGE 33) OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE MIDDLE 1/3 OF THE AMBROSE HULL GRANT PER MAP BOOK 1, PAGE 141 OF SAID PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE S23030'00"E ALONG THE EAST LINE OF SAID MIDDLE 1/3 OF THE AMBROSE HULL GRANT, A DISTANCE OF 714.85 FEET, SAID EAST LINE ALSO BEING THE EAST LINE OF SAID BLOCK "D" OF JAMES LUPE'S SUBDIVISION OF THE AMBROSE HULL GRANT: THENCE DEPARTING SAID EAST LINE OF BLOCK "D" S66030'OO"W, 182.25 FEET; THENCE N84016'55"W, 157.88 FEET; THENCE S660lO'OI"W, 202.77 FEET; THENCE S38037'01"W, 195.12 FEET; THENCE N81027'29"W, 97.44 FEET; THENCE NI4039'39"W, 186.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MISSION ROAD, A VARIABLE WIDTH PRESCRIPTIVE RIGHT OF WAY AS NOW LAID OUT AND IN USE AND THE BEGINNING OF A NON TANGENT CURVE, CONCAVE WESTERL Y, HAVING A RADIUS OF 502.03 FEET AND CENTRAL ANGLE OF 7024'52" WITH A CHORD BEARING N33008'37"E; THENCE NORTHERLY ALONG SAID EASTERL Y RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, 64.97 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N29026'28"E, 169.30 FEET; THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY LINE N28033'34"E, 169.48 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 931.32 FEET AND CENTRAL ANGLE OF 12046'23" WITH A CHORD BEARING N22009'12"E; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE, 207.62 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, NI5047'41"E, 77.96 FEET TO THE CENTERLINE OF AN UN-DIMENSIONED ROAD, PER SAID PLAT OF JAMES LUPE SUBDIVISION; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND ALONG SAID CENTERLINE N54044'04"E, 233.68 FEET TO THE POINT OF BEGINNING. CONTAINING 8.122 ACRES MORE OR LESS.