2005-O-5201/17/2006 04:06 PA
Olnstnutlenti 21106-012073 Y 1
Book: 5747
Page: 2250
ORDINANCE NO.2005-0-52
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-6W (URBAN TWO-
FAMILY RESIDENTIAL) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED NORTH OF JONES FISH CAMP ROAD AND
WEST OF THE INDIAN RIVER, EDGEWATER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE RIVER COLONY SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. River Colony, Inc. is the owner/applicant for property located North of Jones Fish
Camp Road and West of the .Indian River, Edgewater, Florida. Subject property contains
approximately 4.22 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
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�a c� classification from County R-6W (Urban Two -Family Residential) to City RPUD (Residential
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Planned Unit Development) for the property described herein.
3. On October 12, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 7, 2005, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
Shock arteeglr passages are deleted.
Underlined passages are added.
2005-0-52
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Instrument# 2006""012073 # 2
Book: 5-'41
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on October 27, 2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, 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
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-6W (Urban Two-Family Residential) to City RPUD (Residential Planned Unit Development)
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-52
2
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Instrument# 2006-01207:3 # 3
Book: 5 -'4-1
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a~Je: .~._.__ ,)/
pursuant to the associated Planned Unit Development (PUD) Agreement for River Colony
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 parcel of land in Lots 35 and 36 and filled land lying East of Lot 36,
RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19, Page 31 of the
Public Records of Vol usia County, Florida, described as follows:
Begin at the SW corner of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded
in Map Book 19, Page 31 ofthe Public Records of Vol usia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W,
319.82 feet; thence N 69016'01" E, 633.63 feet to a point on the existing shoreline of
the Indian River North; thence along the meanders of said shoreline the following
courses and distances, S 11051'56" E, 50.58 feet; thence S 04022'24" E, 62.38 feet;
thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S
56049'20" E, 35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E,
23.60 feet to a point on the South line of aforesaid Lot 36; thence along said South
line of Lot 36 and the South line of Lot 35, S 69046'32" W, 535.15 feet to the POINT
OF BEGINNING, TOGETHER WITH, any and all accretions, riparian and littoral
rights appertaining thereto.
Containing 4.22 .:!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
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,
Stt tick till ob~h passages are deleted.
Underlined passages are added_
2005-0-52
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Instrument# 2006-012073 # 4
Book: 5747
"""'Paqe: 2253
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
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.
PART G.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on November 7, 2005, 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
Stl nGk tIll on~h passages are deleted.
Underlined passages are added.
2005-0-52
4
Instruentt 2006-012073 A 5
0Book: 5747
Page: 2254
After Motionby CouncilwomanLichter and Secondby Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x _
Councilman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 5th day of December, 2005.
For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Sh ack-diroaglr passages are deleted.
Underlined passages are added.
2005-0-52
5
CITY COUNCIL OF THE
CITY OF EDGEW T , FL DA
By:
ike omas
ayor
Robin L. Matusk'k
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
December, 2005 under Agenda Item No.
6 G .
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Instrument# 2006-012073 # 6
Book: fj-741
"!JIll P a c~ e 0" "2 r> f' r:'
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Diane M. Matousek
Volusia County, Clerk of Court
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01/17 /2006 04: 06 PH
Instrument# 2006-012074 # 1
Book: 5747
.....,I Page: 2256
THIS INSTRUMENT PREPARED BY:
Paul Rosenthal
Foley & Lardner, LLP
III N. Orange Avenue, Suite 1800
Orlando FL 32801
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGE WATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT
River Colony
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THIS AGREEMENT is made and entered into thi~ day 0~~bt~005 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 River Colony Inc., owner, whose address is 3515 S. US Highway 1, Edgewater
FL 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,inconsiderationoftheagreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subj ect to this Agreement is approximately 4.22::1: acres located north of Jones Fish
Camp Road, west of the Indian River (lCW) and in Edgewater, V olusia County, Florida. The legal
description of the property is attached hereto as Exhibit "A" - Legal Description. The Record
owner of the subject property is River Colony Inc.
2. DURA TION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Colony, as defined by the Master Plan, dated March 2005
(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. Developer's failure to initiate
(Agreement/Zoning - River Colony)
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Page: 2257
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construction within one (1) year may result in the City's termination of the Agreement. The City,
at its sole option, may extend the duration of this Agreement. This development must be consistent
with the Master Plan and must be approved by City Council prior to commencement of any
authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire
rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edgewater's current Land Development Code. The Developer
further agrees that all development will be consistent with the River Colony Master Plan dated
March 2005 (Exhibit "B"). River Colony 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
River Colony shall not exceed a total of five (5) single-family dwelling units and five (5)
townhome lots (ten (10) townhome units) for a total of 15 units. The five (5) single-family lots are
planned to be 55' x 180' or greater, the five (5) townhome lots are to be 60' x 115' or greater. Based
on the Final Subdivision Plan approval, the total number of units may vary but shall not exceed3.6
gross dwelling units per total acreage or a total of 15 units.
No lot will exceed a maximum building coverage of 35% with a maximum impervious
coverage of 60% per lot for single family residential. No lot will exceed a maximum building
coverage of 50% with a maximum impervious coverage of 75% for townhomes.
Minimum Lot Size:
Single-Family
Area - 9,900 square feet
Width -55 feet
Depth -180 feet
B. Minimum House Square Footage
The minimum house square footage shall be at least 1,700 square feet living area under air
for the single-family residences and 1,200 square feet living area under air for the townhomes. In
addition, each unit will have a minimum of a two (2) car enclosed garage. No carports will be
Townhomes
Area - 6,900 square feet
Width -60 feet
Depth -115 feet
(Agreement/Zoning - River Colony)
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allowed.
C. Minimum Yard Size and Setbacks:
Single-Family Townhomes
Front -.30' Front _ 20'
Rear - 50'from Mean High Water Line Rear - 20'
25' from wetlands, if applicable
Side - 7.5' Side - 6'
Side Comer - 15' Side Comer - 15'
Maximum Height -50' Maximum Height -50'
Common Area - Swimming Pool - Rear -1 0' from property line to pool deck edge
Side -15' from property line to pool deck edge
D. Roads
There shall be one access road permitted from Jones Fish Camp Road to service the
subdivision with a minimum right-of-way width of sixty (60) feet. The road shall be paved pursuant
to City standards with a minimum pavement width of 24-feet. The road shall be private and
therefore deeded to the Homeowners Association for maintenance purposes. A cul-de-sac and/or
turn-around shall meet all City standards. An alley of 20-feet in width shall be provided for rear
access to the townhouse units and shall be constructed to City standards.
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. The pond(s) will be owned and maintained
by the HOA. Developer is required to provide an outfall to a publicly owned drainage conveyance
system, and obtain an off-site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
PIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
(Agreement/Zoning - River Colony)
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Page: 2259
,.....,
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise a during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
of water saturated soil at the highest average depth during the wettest season of the
year.
1 00- Year Flood Elevation - The flood elevation that has a one percent (1 %) chance
of being equaled or exceeded each year.
The on-site 100-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 100-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-ste 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and 100-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
(Agreement/Zoning - River Colony)
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Page: 2260
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to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
FEMA FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site I OO-year flood elevation to
a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding storm water runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the IOO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all IOO-year flood plain encroachments shall be provided in
accordance with the following requirements:
Compliance will be based upon a volume for volume ("cup for cup") methodology,
with the volume of compensation equal to the volume of encroachment at each and
every elevation (1- foot contour interval). Providing compensating storage equal to
the volume of encroachment at each elevation will provide equivalent flood plain
management for all storm events of magnitude less than the IOO-year storm event,
and is intended to prevent cumulative water quality impacts.
Storage creation must occur below the existing IOO-year flood elevation and above
(Agreement/Zoning - River Colony)
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Instrument# 2006-012074 # 6
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....." Page: 2261
the predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to,
but outside of, the existing 100-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds
that also provide stormwater management (retention and/or detention) for the
proposed development.
The City may approve the creation of offsite compensatory storage areas located
outside the property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is
located within what the City considers a special flood hazard area. At the City's
discretion, additional flood control measures may be required to adequately protect,
upstream systems, downstream systems, and/or offsite properties.
F. Silmage
Sign to be located on-site and shall meet all City of Edgewater Land Development Code
Standards.
G. Trees
Each lot shall have a minimum of four (4) trees per lot and shall be of a variety listed in
Exhibit "C" - Trees. All other City and County minimum tree protection standards shall be
satisfied for this subdivision development.
H. Entrance to Subdivision
One (1) entrance to the subdivision shall be located on Jones Fish Camp Road. An alley of
lO-feet in width shall be provided for rear access to the townhouse units and shall be constructed
to City standards.
I. Model Homes and Temporary Offices
One (I) model home shall be permitted within the River Colony Subdivision. 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
(Agreement/Zoning - River Colony)
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Instrurnent# 2006-012074 # 7
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within the subdivision.
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.
Two (2) 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
number development. The maximum height of such flags shall be eight feet (8') with a maximum
size of fifteen (15) square feet.
(a) Project shall not exceed two (2) flags.
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 River Colony is recorded.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Colony is Low Density Residential. The zoning
designation for River Colony shall be RPUD (Residential Planned Unit Development) as defined
in the City Land Development Code. The City of Edge water' s permitted uses for RPUD (Residential
Planned Unit Development) are applicable to the development ofthe property and consistent with
the adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
(Agreement/Zoning - River Colony)
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Developer agrees to connect to the City's potable water system at the nearest point of connection,
US Highway I and Jones Fish Camp Road. 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 piping for future reclaimed service.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
Homeowners Association at the time of final plat approval.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
permit application is signed by the City, thereby reserving requisite water capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
permit application is signed by the city, thereby reserving requisite sewer capacity.
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.
Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant
prior to a Building Certificate of Occupancy.
Voluntary Stormwater Basin Fee- paid at the time of Building Permit Application at
(Agreement/Zoning - River Colony)
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......, Page: 2264
a rate of fifty-six dollars ($56) per unit.
Voluntary Animal Shelter Fee - paid at the time of Building Permit Application at
a rate of one-hundred dollars ($100) per unit.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
I. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the River Colony
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.
6.
7.
8.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system, including outfall system.
Piping for future reclaimed service.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the development. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
Bonds - A Performance Bond may be accepted by the City and shall be 110% ofthe
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements, including sidewalks, 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.
Sidewalks shall be constructed on both sides of the streets/roadways and have a
(Agreement/Zoning - River Colony)
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Page: 2265
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minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of $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
9. Streetlights shall be maintained by the Homeowners Association and be installed by
the Developer at time of installation of the infrastructure or prior to the Certificate
of Occupancy issuance for the first dwelling unit.
10. The Developer agrees to provide, at no cost to the City, all required utility easements
(on and off-site) for drainage and utility service consistent with this provision.
M. Recreational Facilities
A pool and clubhouse will be constructed as pursuant to the Master Plan and will be
maintained by the HOA. One (1) common dock with a total of five (5) slips may be permitted
(subject to Federal and State regulations) within the development.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the River Colony Homeowners Association, 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. River Colony has designated I.O:!: acres as open space, to be
maintained by the HOA.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, Florida Fish and Wildlife Conservation Commission and V olusia County.
(Agreement/Zoning - River Colony)
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Page: 2266
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2. City of Edge water - Rezoning, Subdivision Plat approval, Subdivision Construction
Plan approval, all applicable clearing, removal, construction and building permits.
3. I 00 year flood elevation for this site is seven (7) feet and the minimum finished floor
elevation shall be nine (9) feet.
9. DEVELOPMENT REOUIREMENTS
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.
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 River Colony common area tracts as depicted on
the plat,. The HOA documents, including applicable Articles of Incorporation; Covenants and
Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REOUIREMENTS
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.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership ofthe Property, the Property
(Agreement/Zoning - River Colony)
11
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Instrument# 2006-012074 # 12
Book: 5747
.......,Page: 2267
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.
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 in writing by the
interested party. Substantial changes, as determined by the City Manager, shall require City Council
approval.
(Agreement/Zoning - River Colony)
12
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Instrument# 2006-012074 # 13
Book: 5747
....., Page: 2268
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.
(Agreement/Zoning - River Colony)
13
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Instrument# 2006-012074 # 14
Book: 5747
Page: 2269
.....,
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
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CITY COUNCIL
CITY OF EDG
RIDA
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Mayor
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Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
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President, River Colony Inc.
cfJ.YJr] r\( U, I J Ofl"'?5 D
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The forego' g instrume t was acknowledged before my on this I t!J day of h n I I /. t ^ j
2006, by - , and who has produced ~ ~
as identification and ho did (did not) take an oath.ru ~ "l' 1_ ()
~.n rlll 0 ,J,j,Q/\J) Q1)
Notary Public J
StampeD/' .. Bonnie Wenzel
* Commission # 00341714
..~ . ExpltlS September 13, 2008
" hltlodTNfFIl".~,1M. __7018
(Agreement/Zoning - River Colony)
14
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Instrument# 2006-012074 # 15
Book: 5747
Page: 2270
"""'"
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Vol usia and State of
Florida.
A parcel ofland in Lot 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida
described as follows: BEGIN at the S.W. corner of Lot 35 RIVERFRONT ESTATES UNIT 2, as
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence along
the Westerly line of said Lot 35, on an assumed bearing run N 22044' 32" W, 319.82 feet; thence
N 690 16' 01" E, 633.63 feet to a point on the existing shoreline of the Indian River North; thence
along the meanders of said shoreline the following courses and distances, S 110 51' 56" E, 50.58
feet; thence S 040 22' 24" E, 62.38 feet; thence S 350 02' 40" W, 52.93 feet; then S 020 35' 13" W,
88.75 feet; thence S 560 49' 20" E, 35.84 feet; thence S 160 14' 06" E, 50.88 feet; thence S 200 24'
24" E, 23.60 feet to a point on the South line of aforesaid Lot 36; thence along the South line of
Lot 36 and the South line oflot 35, S 690 46' 32" W, 535.15 feet to the POINT OF BEGINNING,
TOGETHER WITH, any and all accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 acres more or less and being in V olusia County, Florida.
(Agreement/Zoning - River Colony)
15
eCles
(Agreement/Zoning - River Colony)
~
Instrument# 2006-012074 # 17
Book: 5747
~age: 2272
Diane H. Matousek
Volusia County, Clerk of Court
EXHIBIT "C"
TREES
BOTANICAL NAME
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Book: 5747
Page: 2271
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