2003-O-2911/21/2003 03:49 PM
i� InstrY�'�t# 2003-296021
°V Bodes` 5211
Page: 4380
ORDINANCE NO.2003-0-29
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-4W (URBAN SINGLE
FAMILY RESIDENTIAL) AND B-4W (GENERAL
COMMERCIAL) TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED EAST OF U.
S. HIGHWAY NO. I AND SOUTH OF HIBISCUS ROAD AND
WEST OF POINCIANA ROAD (PARCEL ID #8448-00-00-
0090), EDGEWATER, FLORIDA), EDGEWATER, FLORIDA;
AUTHORIZING THEMAYORTOEXECUTETHEPLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
PINEHURST SUBDMSION; 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
V V determinations:
1. Dupuis and Jacobs at Edgewater, LLC are the owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County R-4W (Urban Single Family Residential) and B4W (General
Commercial) to RPUD (Residential Planned Unit Development) for the property described herein.
3. On September 17, 2003, 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 November 3, 2003, the City Council considered on first reading/public hearing
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2003-0-29
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the proposed change in the zoning classification after publication of such hearing in the Observer
on October 23,2003.
5. On November 17,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on November 6, 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:
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2003-0-29
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PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
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The zoning classification for the following described property is hereby changed from County
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:t. Q) R-4W (Urban Single Family Residential) and B-4W (General Commercial) to RPUD (Residential
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~ ~ Planned Unit Development):
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of the South 630 feet of the West 840 feet, East ofU. S. No.1 Highway of
the North 52.465 chains (3462.69 feet) ofthe JANE MURRA Y GRANT, in Sections
48 and 49, Township 18 South, Range 34 East, more particularly described as
follows:
Commence at a concrete monument being located on the South line of the North
54.465 chains of the said JANE MURRAY GRANT and the East RJW of U. S.
Highway No.1, a 158 foot RJW as now monumented; thence N 690 05' 51" E, a
distance of 328.56 feet for the POINT OF BEGINNING; thence N 220 50' 16" W, a
distance of21O.26 feet; thence S 690 05' 04" W, a distance of 128.17 feet; thence N
22048' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance of99.82
feet; thence N 22046' 43" W, a distance of210.53 feet to the Southwest comer of
Canal Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along
the Southerly right-of-way of said Canal Drive, a distance of 448.20 feet; thence S
22050' 24" E, along the Westerly right-of-way of said Canal Drive and its Southerly
prolongation, a distance of 632.62 feet; thence S 69000' 56" W, a distance of 420.26
feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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
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2003-0-29
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the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
AUTHORIZATION.
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::I. m City Council hereby authorizes the Mayor to execute the associated Planned Unit
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g f Development (PUD) Zoning Agreement for Pinehurst 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 V olusia County, Florida.
PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2003-0-29
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PARTH.
ADOPTION.
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r-f (D After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
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l!l.q first reading of this ordinance held on November 3,2003, was as follows:
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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 by Councilman Brown 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 x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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2003-0-29
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PASSED AND DULY ADOPTED this 17th day of November, 2003.
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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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2003-0-29
CITY COUNCIL OF THE
CITY OF EDGEWAATTEE—,R, FLORIDA
By:
Donald A. Schmidt
Mayor
Robid L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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THIS 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 EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recordin[? Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT
PINEHURST SUBDIVISION
THIS AGREEMENT is made and entered into this 17-+1--.. day of--l\OUe'"~)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 DUPUIS & JACOBS AT EDGEW A TER, L.L.C., a Limited Liability Company,
whose address is 3432 Tamarind Drive, Edgewater, Florida 32141 (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 6.85 acres located East of U. S.
Highway #1 and West of Canal Drive 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 DuPuis & Jacobs at Edgewater, LLC with Michael A. DuPuis 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 Pinehurst, as defined by the Master Plan, dated September 24,2003
(Exhibit "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.
(Agreement/Zoning - Pinehurst Subdivision) 1
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Developer's failure to initiate construction within the time frame identified herein may result in the
City's tennination of the Agreement. The City, at it~ 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, stonnwater, 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 tenns ofthis 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 Pinehurst Master Plan dated
September 24, 2003 (Exhibit "B"). Pinehurst 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 SizelUnit Count
Pinehurst shall not exceed a total of21 single-family dwelling units. The 21 single-family
lots are planned to be 70' x 110' or greater. Based on the Final Subdivision Plan approval, the total
number of units may vary but the maximum residential units allowed for the Pinehurst Subdivision
shall not exceed 3.1 dwelling units per total acreage or a total of 21 units.
No lot will exceed a maximum building coverage of thirty percent (30%) with a maximum
impervious coverage of sixty percent (60%) per lot.
Minimum Lot Size:
Area - 7,700 square feet
Width - 70 feet
Depth - 110 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,250 square feet living area and
a minimum of a 350 square feet garage.
C. Minimum Yard Size and Setbacks:
Front - 25'
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Rear - 20'
Side - 7.5'
Side Comer - 15'
Maximum Height - 26'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge
Side - 5'
D. . Roads
As indicated on the Master Plan, all roads will be public roads with a minimum right-of-way
width of fifty feet (50') and shall be dedicated to the City.
E. Retention Pond(s)
All Retention Pond(s) will meet the requirements of the St. Johns River Water Management
District and the City. The pond(s) are approximately .80 acres and will be owned and maintained
by the Homeowners Association.
F. Conservation Area/Recreation/Open Space
The Pinehurst Subdivision include property, 1.06 acres designated to remain in a natural
state. The natural area, as shown on the Master Plan, will be dedicated to the Homeowners
Association for ownership and maintenance.
G. 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 City of Edgewater Land
Development Code and a written easement dedicated to the HOA must be obtained for the location
of the sign.
H. Trees
There shall be a minimum of four (4) trees per each building lot. Said trees shall be 2 W'
in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "e" - Trees.
I. 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.
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J. Model Homes and Temporary Offices
Lots 1, 2, 15 and 16 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.
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.
(a) Single-family or duplex model home lot, not to exceed two (2) flags.
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 V olusia County
at the time the final plat for Pinehurst is recorded.
L. Landscaping and irrigation plans must be submitted with final construction plans.
(Agreement/Zoning - Pinehurst Subdivision)
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M. 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 Pinehurst is County Urban Medium Intensity and
Commercial but will be City Low Density Residential. The zoning designation for Pinehurst shall
be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code.
The City ofEdgewater's permitted uses for RPUD are applicable to the development of the property
and consistent with the adopted Land Development Code.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system. 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.
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 dedicated
to the City of Edgewater.
G. Off-site improvements, if needed (including but not limited to intersection
improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) as required by code
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:
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. 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.
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
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 Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Pinehurst
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
6.
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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 pe~iod.
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.
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 roadway right-of-ways and utility easements as
required.
8. PERMITS REOUIRED
The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
I. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2. City of Edgewater - Annexation, Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
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building permits.
3. This site may require a V olusia County Environmental Permit.
4. This site is outside the 100 year flood plain, the minimum finished floor elevation
shall be 17.0 feet.
9. DEVELOPMENT REOUIREMENTS
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, or as expressly provided or in this
Agreement.
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 Pinehurst 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 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.
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.
(Agreement/Zoning - Pinehurst Subdivision)
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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 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 ofthis Agreement. If the 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.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. 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.
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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.
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By: 0~H
Donald A. Schmidt
Mayor
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: 0 City, Clerk ~.
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Robin . Matuslck
Legal Assistant/Paralegal
(Agreement/Zoning - Pinehurst Subdivision)
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Witnessed by:
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Signed, sealed and delivered
in the presence of:
Book:
Page:
5211
4398
Dupuis & Jacobs, LLC
Pinehurst Subdivision
/LL(7Z/~ _
Michael A. DuPuis
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this\l ~ day ofrt:u2003, by
MICHAEL A. DUPUIS & CHRISTOPHER W. JACOBS, who has authority to execute this
document on behalf of DUPUIS & JACOB~ AT EDGEWATER, LLC and PINEHURST
SUBDIVISION, and who has produced IIJ Q as identification and who
did (did not) take an oath.
(Agreement/Zoning - Pinehurst Subdivision) 12
G>v~"'0-r:A b;~t
Notary Pub ic
Stamp/Seal:
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Book:
Page:
5211
4399
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East ofU. S. No.1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 chains of
the said JANE MURRAY GRANT and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
now monumented; thence N 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 22050' 16" W, a distance of21O.26 feet; thence S 690 05' 04" W, a distance
of 128.17 feet; thence N 220 48' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest comer of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of 448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
(Agreement/Zoning - Pinehurst Subdivision) 13
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Book: 5211
Page: 4402
Diane M. Matousek
Vol usia County, Clerk of Court
EXHIBIT "C"
TREES
I COMMON NAME II BOTANICAL 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
.. Platanus occidentalis
Sycamore.: .'- ~
Turkey Oak Quercus laevis
(Agreement/Zoning - Pinehurst Subdivision)