2005-O-5502ro6/2006 02:02 v0
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Instruentl 2006-033376 e 1
C Q Book: 5763
Page: 2471
ORDINANCE NO.2005-0-55
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED WEST OF MASSEY RANCH BOULEVARD AND
EAST OF THE MASSEY RANCH AIRPARK RUNWAY,
EDGEWATER, FLORIDA; AUTHORIZING THE MAYORTO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE VILLAS AT MASSEY
RANCH 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:
Massey Enterprises is the owner/applicant for property located West of Massey
Ranch Boulevard and East of the Massey Ranch Airpark Runway, Edgewater, Florida. Subject
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au j� J property contains approximately 8.12 acres more or less.
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2. The owner/applicant has submitted an application for a change in zoning
classification from County A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 5, 2005, the City Council considered on first reading/public hearing
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2005-0-55
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the proposed change in the zoning classification after publication of such hearing in the Observer
on November 23,2005.
5. On December 19,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on December 8, 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 ofthe City of Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
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2005-0-55
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A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for Villas at Massey Ranch 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 Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS
GRANT, according to the plat thereof, as recorded in Map in Map Book 3, Page 153,
of the Public records of Volusia County, Florida, being described as follows:
Commence a the southwest corner of Wildwood Subdivision, Unit 3, according to
the plat thereof as recorded in Map Book 38, Page 35 of the Public Records of
Volusia County, Florida, thence North 200 17'14" West, along the westerly line ofsaid
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along
the easterly right of way of Massey Ranch Boulevard, a 100- foot right of way, as
shown on plat of Massey Ranch Airpark Unit 1, recorded in Map Book 44, Pages 68
through 70, inclusive, for the Public records of Vol usia County, Florida, a distance
of 330.15 feet to the northeasterly corner of said Lot 136, thence South 69040'57"
West, along the northerly line of said Lot 136, a distance of 1 OO-feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence
South 20017'14" East, along said westerly right of way of Massey Ranch Boulevard,
a distance of 330.07 feet; thence South 20015'17" East, continuing along said
westerly right of way of Massey Ranch Boulevard and its southerly prolongation, a
distance of 598.79 feet; thence North 89041'51" West, a distance of 540.32 feet;
thence North 06016'50" West, a distance of761.33 feet to the southerly line of US
Lot 4, Section 31, Township 17 South, Range 34 East; thence North 69044'12" East,
along said southerly line of U.S. Lot 4, Section 31, a distance of 26.02 feet to the
southeasterly corner of U.S. Lot 4, Section 31, said point also being the southwesterly
corner of U.S. Lot 4, Section 32, Township 17 South, Range 34 East, thence North
69040'57" East, along the southerly line of said U.S. Lot 4, Section 32, a distance of
295.85 feet to the Point of Beginning.
Containing 8.12 i: 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 Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, 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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on December 5, 2005, was as follows:
AYE
NAY
Mayor Mike Thomas X
Councilwoman Debra 1. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion b~ouncilman Vincenzi and Second by Councilwoman Lichter
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra 1. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
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2005-0-55
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Irstrueentt 2006-033376 It 6
0Book: 5763
age: 2476
PASSED AND DULY ADOPTED this 19th day of December, 2005.
ATTEST:
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
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zoos-0-55
CITY COUNCI OF THE
CITY OF ED R, FLORIDA
By.
ike homas
Mayor
�hfi L. usick _i , A n/<
Robin L. Mat�-
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
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Instrumenttt 2006-03337G # 7
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TIDS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARNDER, LLP
111 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 ATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT AGREEMENT
Villas at Massey Ranch
THIS AGREEMENT is made and entered into thisJ..2.... day of December, 2005 by and
between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and Massey Enterprises, a Florida General Partnership, with John S. Massey and
Doris E. Massey as Managing Partners, whose address is P.O. Box 949, New Smyrna Beach Florida
32170 (hereinafter referred to as "Developer"). The purpose ofthis Agreement is to define the terms
and conditions granting the development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 8.12:l:: acres located on the west and
adjacent to Massey Ranch Boulevard, 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 Massey Enterprises, with John S. Massey 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 the Villas at Massey Ranch, as defined by the Master Plan, dated
April 6, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for
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this project, or within eighteen (18) months of the effective date of this Agreement. Developer's
failure to initiate construction within one (1) year may result in the City's termination of the
Agreement. The City, at its sole option, may extend the duration of this Agreement. This
development must be consistent with the Master Plan and must be approved by City Council prior
to commencement of any authorized work. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edgewater' s current Land Development Code. The Developer
further agrees that all development will be consistent with the Villas at Massey Ranch Master Plan
dated April 6, 2005 (Exhibit "B"). The Villas at Massey Ranch 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
The Villas at Massey Ranch shall not exceed a total of six (6) multi-family dwelling units.
Based on the Final Site Plan approval, the total number of units may vary but the maximum
residential units allowed for the Villas at Massey Ranch Subdivision shall not exceed 0.75 gross
dwelling units per total acreage or a total of six (6) units.
This site shall meet all Land Development Code requirements pertaining to maximum
building coverage and impervious surface coverage.
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 2,000 square feet living area under
alf. In addition, each unit will have a minimum of a two (2) car enclosed garage. No carports will
be allowed. An attached aircraft hangar shall be permitted for each dwelling unit and aircraft shall
be allowed to operate within the site and between site and Massey Ranch Airpark, a publicly
licensed airport.
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C. Minimum Yard Size and Setbacks:
All Lots
Front -25'
Rear - 20'and 300' from the centerline ofthe main runway easement
Side: - 7.5'
Side Corner-lO'
Maximum Height - 35'
Utility Easements - Utility easements to be granted to the City of Edgewater in
accordance with the approved site plan prior to construction.
D. Roads
On-site driveways and taxiways are to remain private, in common ownership, and maintained
by the Association with the exception of the northerly thirty- five (35') feet of the seventy (70') foot
Taxiway Easement as recorded in OR 4402, Page 2031, for use by adjacent property owners.
E. Stormwater Management
The retention pond( s) will meet the requirements for the S1. Johns River Water Management
District and the City of Edgewater Land Development Code. The pond(s) are approximately .643
acres and 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.
Defmitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
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
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of water saturated soil at the highest average depth during the wettest season of the
year.
1 00- Y ear Flood Elevation - The flood elevation that has a one percent (1 %) change
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 HOAst 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 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 IOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
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
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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 IOO-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 stormwater 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 (I-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 100-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
the predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to,
but outside of, the existing IOO-year flood plain.
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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 off site properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance road
(not within public right-of-way) to the subdivision and must meet all requirements of the Land
Development Code. A written easement dedicated to the HOA must be recorded for the location
of the sign. Developer shall dedicate all sign locations to the HOA.
G. Trees
Trees shall installed be per the approved Landscape Plans iri. the Site Plan. Trees shall be
2 W' in diameter, measured six-inches (6") above the soil line and shall be of a variety listed in
Exhibit "C" - Trees. A tree survey shall be provided prior to site/construction plan approval. The
purpose of the tree survey shall be to determine the number of specimen and historic trees and to
determine the tree mitigation requirements.
Statistical tree survey information may be considered a the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees in uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
All other City and County minimum tree protection standards shall be satisfied for this
development.
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H. Entrance to Subdivision
Entrance to the development shall be via Massey Ranch Boulevard. All landscaping and
irrigation shall be maintained by the Association.
I. Common Area/Open Space
All undeveloped/open space shall be dedicated to and maintained by the Association.
J. Model Homes and Temporary Office
Temporary structures 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 unit, whichever occurs first.
Model units 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 driveways to the model unit 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 units.
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) Project 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 Homeowner's Association will be recorded in the public records of Vol usia
County at the time the site plan is approved.
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4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for the Villas at Massey Ranch Subdivision is Medium
Density Residential with Conservation Overlay. The zoning designation for The Villas at Massey
Ranch Subdivision shall be RPUD (Residential Planned Unit Development) as defined in the City
Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned
Unit Development) are applicable to the development of the property and consistent with the
adopted Comprehensive PlanlFuture Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
within the right-of-way of Massey Ranch Boulevard. 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 issuance of the
Development Order.
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 issuance of the Development Order.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping.
Therefore, the Developer shall provide irrigation by well and all irrigation systems shall be approved
by all applicable regulatory agencies.
D. Developer agrees to provide at no cost to the City on and off site current and future
utility and drainage easements for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. 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.
G. Development/Impact fees for each dwelling unit will be paid in accordance with the
following schedule:
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Water - Pay 100% of the applicable impact fees to the city by applicant at the time
the 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
the 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 each 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.
Voluntary Stormwater Basin Fee - One-hundred dollars ($100) per unit paid at the
time of each Building Permit Application.
Voluntary Animal Shelter Impact Fee - One hundred dollars ($100) per unit paid at
the time of each Building Permit Application.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. 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 Villas at Massey
Ranch Subdivision development approval and the construction of required infrastructure
improvements and the review and approval of the final site plan.
K. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System including lift station.
Stormwater collection/treatment system, including outfall system.
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4. 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.
5. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements shall be provided to the City prior to
issuance of a Development Order. The Maintenance Bond shall be in effect for a
two (2) year period.
6. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the Condominium 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.
7. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of$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. All sidewalks shall be maintained by the HOA.
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 City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as
required. The Villas at Massey Ranch Subdivision has designated 5.947::l:: 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
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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.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction Plan
approval, all applicable clearing, removal, construction and building permits.
3. Minimum finished floor elevation shall be 12.50 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 Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory
HOA will also be responsible for the streetlight requirements that result from the project
including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance ofthe stormwater areas within the Villas at Massey Ranch
as common area tract as depicted on the plans. 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 plan 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.
(Agreement/Zoning-Villas@MasseyRanch) 11
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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 ofthe City
Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term ofthis Agreement regardless of the ownership ofthe 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. 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 ofthe State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and obligations
(Agreement/Zoning-Villas@MasseyRaD.ch) 12
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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. Substantial changes, as determined by the City Manager, will require City
Council approval.
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
(Agreement/Zoning-Villas@MasseyRanch) 13
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invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into
the date and year first written above.
ATTEST:
-,
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Robin L. Matusick
Legal Assistant/Paralegal
Doris E. Massey
Managing Partner
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
. he fore oing instrument was acknowledged before my on this ~ day ofkJ2)o06, by
S . "" ri s. ' , and who are personally known and who did (did not)
take an oath.
~. lAl~i~l
Notary Public
Stamp/Seal:
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;~",-'i'j ..~ onnie Wenze,
~\ '. 1...: i:,!,mlsslon # 00341714
" " lto!wI!/~~~~ber 13, 2008
. 1110, 100--'7018
(Agreement/Zoning- Villas@MasseyRanch ) 14
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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 Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, according
to the plat thereof, as recorded in Map in Map Book 3, Page 153, of the Public records of Vol usia
County, Florida, being described as follows: Commence at the southwest comer of Wildwood
Subdivision, Unit 3, according to the plat thereof as recorded in Map Book 38, Page 35 of the Public
Records of Vol usia County, Florida, thence North 20'17'14" West, along the westerly line of said
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along the easterly
right of way of Massey Ranch Boulevard, a 1 OO-foot right of way, as shown on plat of Massey Ranch
Airpark Unit 1, recorded in Map Book 44, Pages 68 through 70, inclusive, for the Public records of
V olusia County, Florida, a distance of330.15 feet to the northeasterly comer of said Lot 136, thence
South 69'40'57" West, along the northerly line of said Lot 136, a distance of 100-feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence South 20' 17' 14"
East, along said westerly right of way of Massey Ranch Boulevard, a distance of330.07 feet; thence
South 20'15'17" East, continuing along said westerly right of way of Massey Ranch Boulevard and
its southerly prolongation, a distance of 598.79 feet; thence North 89'41'51" West, a distance of
540.32 feet; thence North 06' 16'50" West, a distance of 761.33 feet to the southerly line of US Lot
4, Section 31, Township 17 South, Range 34 East; thence North 69'44'12" East, along said southerly
line of U.S. Lot 4, Section 31, a distance of 26.02 feet to the southeasterly comer of U.S. Lot 4,
Section 31, said point also being the southwesterly comer of U.S. Lot 4, Section 32, Township 17
South, Range 34 East, thence North 69'40'57" East, along the southerly line of said U.S. Lot 4,
Section 32, a distance of295.85 feet to the Point of Beginning.
Containing 8.12 acres, more or less.
(Agreement/Zoning- V iIlas@MasseyRanch ) 15
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CONSULTANlS O"L ENGINEERs SURI'E'I'ORS PLANNERS
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DAYTClIIA BEAQf. fL 32118 PHONE: (386~-":'41 FAX: (386)253-2502
E"",A1Umalll!lcHpslerent.com
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THE VILLAS AT MASSEY RANCH
DIMENSION PLAN
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(Agreement/Zoning- Villas@MasseyRanch ) 17
4"_"', .......'_11....11 11,.,,,,,_ V_U_I V IT L.
Book: 5763
Page: 2494
~iane M. Matousek
Volusia County, Clerk of Court