2003-O-2111/26/2003 12:27 PM
Instru t# 2003-300026
O Boo 523-4
Page: 2156
ORDINANCE NO.2003-0-21
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM A-3 (TRANSITIONAL
AGRICULTURE) TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED NORTH OF
STATE ROAD 9442 AND EAST OF INTERSTATE #95,
FORMERLY KNOWN AS A PORTION OF BECKS GROVE,
EDGEWATER, FLORIDA; AUTHORIZING THE MAYORTO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FORCORAL TRACE SUBDIVISION;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
(� WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
�j
1. Coral Trace, LLC, has submitted an application on behalf of Fort MacCaulay
Development Consultants, Inc. for a change in zoning classification for property currently owned
by Progressive Land Development, Inc. Forte MacCaulay Development Consultants, Inc., is the
agent of record and contract purchaser for the subject property. Elizabeth Kennedy is the authorized
agent on behalf of Coral Trace, LLC.
2. Coral Trace, LLC., has submitted the application requesting the change in zoning
classification from A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit
Development).
3. On September 3, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 2 - 3, the Board
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recommended that City Council consider denial of the request.
4. On September 22,2003, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on September 12, 2003.
5. On October 20,2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on October 8, 2003, 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.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
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REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for Coral Trace Subdivision (attached
hereto and incorporated as Exhibit "B"):
The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion of Lots 11 and 12, together with all of Lots 13 - 18, Map of Harris First
Subdivision, of a part of Samuel Betts Grant, according to the plat thereof, as
recorded on Map Book 7, Page 73, of the Public Records of Vol usia County, Florida,
as described in O.R. Book 4659, Page 2737 of the said Public Records of Vol usia
County, being more particularly described as follows:
Commence at the Northeast comer of U. S. Lot 4, Section 5, Township 18 South,
Range 34 East, Volusia County, Florida; thence South 21027'28" East along the
Easterly line of said U. S. Lot 4, a distance of 385.46 feet to the POINT OF
BEGINNING; thence continue South 21 027'28" East along said Easterly line, a
distance of 169.71 feet to the Northwest comer of said Lot 18; thence North
69014'14" East along the North line of said Lot 18 and the South Right-of-Way line
of a 30 foot road Right-of-Way of said Map of Harris First Subdivision, a distance
of 1,135.00 feet to the Northeast comer of said Lot 18; thence South 21027'28" East
along the West Right-of-Way line of Lybrand Avenue, a distance of2,325.01 feet;
thence leaving said West Right-of- Way line run South 68022'01' West, a distance of
1,184.92 feet to a point lying 50 feet Westerly (by perpendicular measurement) ofD.
S. Lot 6, Section 5, Township 18 South, Range 34 East, Volusia County, Florida;
thence North 21027'28" West parallel to said D. S. Lot 4, 5 and 6, a distance of
2,529.97 feet to a point on the South line of the North 363 feet of said U. S. Lot 4;
thence North 88011'49" East along said South line, a distance of 53.09 feet to the
POINT OF BEGINNING.
Containing 63.694:!: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
AUTHORIZATION.
City Council hereby authorizes the Mayor to execute the associated Planned Unit
Development (PUD) Agreement for Coral Trace Subdivision (attached hereto and incorporated
herein as Exhibit "B").
PART D.
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 E.
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
circumstance.
PART F.
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.
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PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTH.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held September 22,2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion byCouncilwoman Rhodes and Second by Councilwoman Lichter
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
Absent
Councilman Myron F. Hammond
Absent
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Diane Matousek
Volusia County, Clerk of Court
PASSED AND DULY ADOPTED this 20th day of October, 2003.
ATTEST:
Susen-&Wadsworth Lisa Bloomer
IN.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-0-21
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Ry:�
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of October, 2003 under Agenda Item No.
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11/26/2003 01:52 PM
Instrument# 2003-300167
Book: 5214
Page: 2491.
nils INSTRUMENT PREPARED BY:
Scott A. Cookson, Esquire
FOLEY & LARDNER
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
,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
CORAL TRACE SUBDIVISION
THIS AGREEMENT is made and entered into this~~ day o~, 2003 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 CORAL TRACE, L.L.c., a Limited Liabiility Company, with Elizabeth
Kennedy as the authorized agent whose address is 1688 W. Hibiscus Boulevard, Melbourne, Florida
32901 (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 ofthe 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 63.7 acres located East ofInterstate 95
and North of State Road #442 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 Progressive Land Development, Inc. with Dale L. Williams as Vice President and who
has authorized Forte MacCaulay Development Consultants, Inc. dba as Coral Trace, LLC., with
Elizabeth Kennedy as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Coral Trace, as defined by the Master Plan, dated October 13,2003
(Agreement/Zoning - Coral Trace Subdivision) 1
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(E~hibit "B" included herein), within one (1) year of required permit approvals for this project or
within eighteen (18) months of the effective date of this Agreement, whichever is greater.
Developer's failure to initiate construction within the time frame identified herein 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, including landscaping, signage and pavement
marking.
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 Coral Trace Master Plan dated
October 13, 2003 (Exhibit "B"). Coral Trace shall be developed consistent with the City's
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
Coral Trace shall not exceed a total of 200 single-family dwelling units. The 200 single-
family lots are planned to be 50' x 115' or greater. Based on the Final Subdivision Plan approval,
the total number of units may vary but the maximum residential units allowed for the Coral Trace
Subdivision shall not exceed 3.5 dwelling units per total acreage or a total of200 units.
No lot will exceed a maximum building coverage of forty-four percent (44%) with a
maximum impervious coverage of fifty-five percent (55%) per lot.
Minimum Lot Size:
Area -5,750 square feet
Width - 50 feet
Depth - 115 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,300 square feet living area under
air. In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will
(Agreement/Zoning - Coral Trace Subdivision) 2
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be' allowed.
C.
Minimum Yard Size and Setbacks:
Front - 25'
Rear - 20'
Side - 5'
Side Comer - 15'
Maximum Height - 26'
Utility Easements - 10' front, 5' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge
Side - 5'
D. Roads
There shall be one access road entrance permitted from SR #442 to service the subdivision
with a minimum right-of-way width of one hundred (100) feet.
The access road from SR #442 north of the gated entrance of this development shall be a
divided urban typical section. The entrance into the commercial tract shall be a maximum of 660
feet from SR #442. The median shall be at least 24 feet wide, landscaped and irrigated. The access
road shall be one (1) lane north bound from SR #442 to the commercial entrance and shall be one
(1) lane south bound from the gated entrance to the commercial entrance with turn lanes north bound
and south bound for access to the SR #442 frontage parcel. A right turn lane shall be required west
bound on SR #442 at the access road. A left turn lane shall be required on SR #442 at the access
road. Any development on the commercial site along SR #442 will be required to construct
additional lanes on each side of the access road.
Due to the subdivision being a gated community, all interior roads shall be maintained by
the HOA with public utilities and easements.
E. Retention Pond(s)
The Retention Pond(s) will meet the requirements ofthe St. Johns River Water Management
District and the City. The retention pond(s) shall be sized, designed and permitted to treat the
stormwater from the commercial tract which contains 23.06 acres more or less. The pond(s) are
approximately 10 acres and will be owned and maintained by the Homeowners Association.
(Agreement/Zoning - Coral Trace Subdivision) 3
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F. Signage
Signage for the subdivision will be located along the main entrance road (not within public
right-of-way) to the subdivision and must meet all requirements of the SR #442 Corridor Guidelines
a written easement dedicated to the HOA must be obtained for the location of the sign.
G. Trees
There shall be a minimum of four (4) trees per each building lot. Said trees shall be 2 Yz"
in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" - Trees.
H. Irrigation
Individual lots, common areas and the entrance medians will be irrigated by wells or from
a surface water system upon proper permitting and approval.
I. Air Conditioning Units
All air conditioning units and pads shall be located behind each house/dwelling unit.
1. Entrance to Subdivision
Due to the limited existing right-of-way in the vicinity of the proposed subdivision, the City
agrees to allow the subdivision to have one main entrance connected to S. R. #442 upon meeting all
the requirements of the S.R. #442 Corridor Guidelines.
K. 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 Vol usia County
at the time the final plat for Coral Trace is recorded.
L. Easements
Easements for rear yard construction purposes shall be located to the side between every
other lot.
M. Landscaping and irrigation plans must be submitted with final construction plans.
N. Traffic calming devices shall be installed in two (2) locations within the subdivision.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Coral Trace is Mixed Use with Conservation Overlay.
The zoning designation for Coral Trace shall be RPUD (Residential Planned Unit Development)
as defined in the City Land Development Code. The City of Edgewater' s permitted uses for RPUD
are applicable to the development of the property and consistent with the adopted Land
(Agreement/Zoning - Coral Trace Subdivision) 4
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Development Code.
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 system at the nearest point of connection, with a
minimum of twelve-inch (12") PVC water main along SR #442 at the main entrance road to the
subdivision. After entering the gated community, the developer shall install eight-inch (8") lines
with a reduction to six-inch (6") after the last fire hydrant. 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 or in accordance
with the requirements contained in Section 5.L.6. - Bonds as it relates to performance bonds.
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 or in accordance with the requirements
contained in Section 5.L.6. - Bonds as it relates to performance bonds. Developer may desire to
enter into an infrastructure agreement to facilitate the installation of off-site wastewater
collection/transmission system improvements.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future.
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. Interior Roadway improvements and all associated right-of-ways shall be privately
maintained by the HOA.
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 - Paid to City by applicant at the time of Building Permit Application.
Sewer - Paid to City by applicant at the time of Building Permit application.
(Agreement/Zoning - Coral Trace Subdivision) 5
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Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia 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 building permit application.
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 inspection related to the Coral Trace
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.
5.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
Developer is responsible for recordation of plat upon approval by the City of
Edgewater.
Bonds - A Performance Bond shall be 110% of the costs of all requirement
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
6.
(Agreement/Zoning - Coral Trace Subdivision) 6
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Maintenance Bond shall be in effect for a two (2) year period.
7. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of five feet (5') 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 $1 0.00 per lineal foot for
two (2) years. If sidewalks are not completed within two (2) years, the developer
will install the remaining sidewalks. Or, upon review and approval and at the City's
sole discretion, City may allow the developer to extend the sidewalk bond for an
additional two (2) year term.
8. Streetlights shall be maintained by the Homeowners Association and be installed by
the Developer at time of infrastructure or prior to the issuance of the first home's
certificate of occupancy.
M. Recreational Facilities
The developer agrees to construct a recreational facility with the designated area to
include a pool, cabana, landscaping, irrigation, lighting and parking.
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.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all utility easements as required. Due to the
subdivision being a gated community, all roadways are private and therefore, will not be deeded to
the City. Coral Trace has designated 23.2 acres as open space, conservation, etc., to be maintained
by the HOA or other approved entity.
8. PERMITS REQUIRED
The Developer will obtain the 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 and Rehabilitative Services, S1. Johns River Water
(Agreement/Zoning - Coral Trace Subdivision) 7
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Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
City of Edge water- Rezoning, Subdivision Plat approval, Subdivision Construction
Plan approval, all applicable clearing, removal, construction and building permits.
This site may require a V olusia County Environmental Permit.
100 year flood elevation for this site is 9.2 feet minimum finished floor elevation
shall be 10.20 feet.
9. DEVELOPMENT REOUIREMENTS
2.
3.
4.
Failure ofthis 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, or as expressly provided or in this
Agreement.
Development standards shall be those of the City except as designated in the construction
plan/master plan as submitted and approved by the City as follows:
(1) Right-of-way is 50' due to private ownership of roadways;
(2) Drainage outfall easement required; and
(3) access easement to S.R. #442 required.
Developer shall establish a mandatory Homeowner's 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 Coral Trace Subdivision, common area tracts as
depicted on the plat, and private streets within the gated community. 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 REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
(Agreement/Zoning - Coral Trace Subdivision) 8
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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
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 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.
14. 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.
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. Ifthe City finds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
(Agreement/Zoning - Coral Trace Subdivision) 9
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17. TIME OF THE ESSENCE
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Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
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::to QJ This Agreement constitutes the entire agreement between the parties, and supersedes all
g g previous discussions, understandings, and agreements, with respect to the subject matter hereof.
I:D a. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment.
19. 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.
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.
(Agreement/Zoning - Coral Trace Subdivision) 10
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24. 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.
A T'r~ST.:
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,;./:?" -Susfln J." '~t\dsworth
, . ~ CitY Clerk ~; .;
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CITY COUNCIL OF THE
CI~E~GEWA~~o/'LORI~
BY:~~
Donald A. Schmidt
Mayor
~~-f^A~X
Robin . Matus ck \.
Legal Assistant/Paralegal
(Agreement/Zoning - Coral Trace Subdivision) 11
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Witnessed by:
PROGRESSIVE LAND DEVELOPMENT,
INC. (OWNER)
j;;?~ 7-.4 . i\ 101)03
Dale L. Williams, Vice President
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this 1~ day of ~2003, by
DALE L. WILLIAMS, who has authority to execute this document on behalf of PROGRESSIVE
LAND DEVELOPMENT, INC., and who has produced fg>,SONf\LL)' K~MN \1) ~ as
identification and who did (did not) take an oath. S
....~!/.rt."'" Suzanne Espiritu
!:~"''K~~ MY COMMISSION # 00108915 EXPIRES
~:'~-1.i April 15,2006
"l,'f..fif..'f;.if,-'" BONDED THRU TROY FAIN INSURANCE,INC.
Witnessed by:
CORAL TRACE, L.L.C.
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Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this ~y of~003, by
ELIZABETH KENNEDY, who has authority to execute this document on behalf of CORAL
TRACE, L.L.C., and who has produced as identification and who
did (did not) take an oath.
-
(Agreement/Zoning - Coral Trace Subdivision)
12
Notary~
Stamp/Seal: STACY HALE
Notary Public, State of Florida
My comm. expo June 11, 2006
Comm. No. DO 124556
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of Lots 11 and 12, together with all of Lots 13 - 18, Map of Harris First Subdivision, of
a part of Samuel Betts Grant, according to the plat thereof, as recorded on Map Book 7, Page 73,
of the Public Records of Vol usia County, Florida, as described in O.R. Book 4659, Page 2737 of the
said Public Records of Vol usia County, being more particularly described as follows:
Commence at the Northeast corner ofU. S. Lot 4, Section 5, Township 18 South, Range 34 East,
V olusia County, Florida; thence South 21027'28" East along the Easterly line of said U. S. Lot 4,
a distance of 385.46 feet to the POINT OF BEGINNING; thence continue South 21027'28" East
along said Easterly line, a distance of 169.71 feet to the Northwest corner of said Lot 18; thence
North 69014'14" East along the North line of said Lot 18 and the South Right-of-Way line ofa 30
foot road Right-of-Way of said Map of Harris First Subdivision, a distance of 1,135.00 feet to the
Northeast corner of said Lot 18; thence South 21027'28" East along the West Right-of-Way line of
Lybrand A venue, a distance of2,325.0 1 feet; thence leaving said West Right -of- Way line run South
68022'01' West, a distance of 1,184.92 feet to a point lying 50 feet Westerly (by perpendicular
measurement) of U. S. Lot 6, Section 5, Township 18 South, Range 34 East, Volusia County,
Florida; thence North 21027'28" West parallel to said U. S. Lot 4,5 and 6, a distance of2,529.97
feet to a point on the South line of the North 363 feet of said U. S. Lot 4; thence North 88011'49"
East along said South line, a distance of 53.09 feet to the POINT OF BEGINNING.
Containing 63.694:i:: acres more or less.
(Agreement/Zoning - Coral Trace Subdivision) 13
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EXHIBIT "B"
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EXHIBIT "C"
TREES
I COMMON NAME II BOT ANICAL NAME I
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
(Agreement/Zoning - Coral Trace Subdivision)
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Diane ~ - 2506
VO!USia"cMatousek .
ounty., Clerk of C
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