91-O-14
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ORDINANCE NO. 91-0-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE
CITY OF EDGEWATER, FLORIDA, LOCATED IN SECTION 48,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, PURSUANT TO SECTION 171.044, FLORIDA STATUTES;
REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER,
FLORIDA BY AMENDING SECTION 1-10 OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING
THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE
CLERK OF THE COURT IN VOLUSIA COUNTY AND THE DEPARTMENT
OF STATE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Alvaro Fajardo, paulina Fajardo, Dr. H. K. Terry, Dr.
H. K. Terry as personal representative for the Estate of Hernando
DeCastro, Louise B. Lunsford, Colonel Roger Thomas and Catherine
H. Thomas, are the owners in fee simple of certain real property
located in Volusia County, Florida, more particularly described in
Exhibit A, which is attached hereto and incorporated by reference,
and Marwin, Inc., is the contract purchaser of said real property;
and
WHEREAS, the owners and contract purchaser have petitioned the
City of Edgewater for voluntary annexation under Section 171.044,
Florida Statutes; and
WHEREAS, at a meeting on September 5, 1991, the Land
Development and Regulatory Agency reviewed said petition and
recommended that said property be annexed into the City limits.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1: The parcel of land described in Exhibit A lying
and being in the County of Volusia and contiguous to the boundary
lines of the City of Edgewater, is hereby pursuant to Section
171.044, Florida Statutes, annexed and made part of the City of
Edgewater, Florida, and shall be subject to the jurisdiction,
obligations, benefits and privileges of the municipality, and to
the terms of the Annexation Agreement which is attached hereto and
incorporated by reference as Exhibit B.
Not Adopted
l;
......
....,
. ~
SECTION 2: The boundaries of the City of Edgewater are hereby
changed and redefined so as to include the land described in
Exhibit A.
SECTION 3: That upon adoption of this ordinance, Section 1-
10 of the Code of Ordinances of the City of Edgewater shall be
amended by redefining the boundaries of the City to include the
land described in Exhibit A.
SECTION 4 :
That the City Clerk is hereby directed to
advertise this ordinance once a week for two (2) consecutive weeks
in a newspaper of general circulation setting a date for a public
hearing and final adoption.
SECTION 5: That upon adoption of this ordinance, certified
copies shall be filed with the Clerk of the Circuit Court in and
for Volusia County and the Department of State in Tallahassee
within seven (7) days.
SECTION 6: That all ordinances or parts of ordinances and all
resolutions in conflict herewith be and the same are hereby
repealed.
SECTION 7:
If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 8:
This Ordinance shall take effect immediately upon
its adoption by the City Council of the City of Edgewater, Florida
and approval as provided by law.
This Ordinance was introduced by COllnC'i 1 m;:!n H;:!y'"
This Ordinance was read on first reading and passed by a vote
of the City Council of the City of Edgewater, Florida, and approval
Regular
November
meeting of said Council held
, 199~.
as provided by law, at a
on the 4th day of
2
Ord. 91-0-14
~
.....,
The second reading of this Ordinance to be at a
be held on the
meeting of the City Council of the City of Edgewater, Florida, to
ROLL CALL VOTE ON
FIRST READING:
SECOND READING:
ATTEST:
day of
, 199_
NO.
(1;~
ZONE TWO
~ ~.~
NCILPERSON - ZON~THREE
7)/* <)
COUNCILMAN - ZONE F UR
MAYOR
COUNCILMAN - ZONE ONE
COUNCILPERSON - ZONE TWO
COUNCILPERSON - ZONE THREE
COUNCILMAN - ZONE FOUR
CITY CLERK
~~"J,
~
100
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7l-V'
This Ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edgewater, Florida, and
authenticated this day of , 199_
MAYOR
Approved for form:
City Attorney
3
Ord. 91-0-14
EXHIBIT "A"
LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED REAL PROPERTY ALL LYING AND BEING IN THE
COUNTY OF VOLUSIA AND STATE OF FLORIDA.
THAT PART OF SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
BEING PART OF THE JANE MURRAY GRANT, LYING WESTERLY OF U.S. NO. 1
HIGHWAY AS NOW LAID OUT. (NOTE: THE "JANE MURRAY GRANT" IN ITS
ENTIRETY, CONSISTS SOLELY OF ALL OF SECTIONS 48 AND 49 OF
TOWNSHIP 18 SOUTH, RANGE 34 EAST, AS CLARIFIED BY FINAL DECREE OF
THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, VOLUSIA COUNTY,
FLORIDA FILED DECEMBER 5, 1916 AT MINUTE BOOK 9, PAGE 116.)
EXCEPTING THEREFROM, A PARCEL OF LAND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WEST LINE OF U.S. NO. 1 HIGHWAY
AND THE NORTH LINE OF SAID MURRAY GRANT; THENCE ALONG SAID MURRAY
GRANT S68 DEGREES 31'56"W 1005.8 FEET; THENCE S22 DEGREES 4912611E
1732.3 FEET; THENCE N68 DEGREES 3115611E 1005.8 FEET TO THE WEST
RIGHT OF WAY OF U.S. NO. 1 HIGHWAY; THENCE ALONG SAID WEST RIGHT
OF WAY N22 DEGREES 49'26"W 1732.3 FEET TO THE POINT OF BEGINNING,
CONTAINING 40 ACRES MORE OR LESS.
AND EXCEPTING THEREFROM, THAT PORTION OF THE SOUTH 1/2 OF
THE NORTH 52.46E CHAINS OF THE EAST 8 CHAINS OF SECTION 48,
TOWNSHIP 1S SOUTH, RANGE 34 EAST LYING WESTERLY OF SAID U.S. NO.
1 HIGHWAY; THE WEST LINE OF THIS EXCEPTION BEING CLARIFIED BY
FINAL DECREE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT,
VOLUSIA COUNTY, FLORIDA FILED JULY 25, 1945 AT CHANCERY ORDER
BOOK 94, PAGE 516 AS OPPOSED TO THE UNDEFINABLE WEST LINE OF THAT
CERTAIN METES AND BOUNDS DESCRIPTION FOUND IN THAT SAME FINAL
DECREE.
AND EXCEPTING THEREFROM THE FLORIDA EAST COAST RAILWAY, A
100 FOOT RIGHT OF WAY.
AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY
BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST
EXCEPTING THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE
NORTH 660 FEET AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF
WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOTS 3 AND 41 SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34
EAST.
(SAID PARCEL CONTAINING 449.89 ACRES, MORE OR LESS.)
RECErmo OCT 2 8 in
ANNEXATION AGREEMENT
This Agreement, entered into by and between the CITY OF
EDGEWATER, a Florida municipal corporation (hereinafter referred
to as "CITY"), and Marwin, Inc. (hereinafter called the
"LANDOWNER"), is executed this 96) day of October, 1991, for
the purpose of providing an orderly annexation of LANDOWNER'S
property described in Composite Exhibit "A" which is attached
hereto and made part hereof.
WHEREAS, LANDOWNER has caused a Petition for Voluntary
Annexation to be filed concerning the property described in
Composite Exhibit "A", which would cause said property to come
within the corporate and territorial jurisdiction of the CITY;
and
WHEREAS, the CITY is desirous of annexing said parcel, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory; and
WHEREAS, the annexation ordinance and the zoning ordinance
and Comprehensive Plan amendment related to the annexation have
been initiated; and
WHEREAS, LANDOWNER and CITY are mutually desirous of
providing for the orderly development of the annexed land,
including provision of infrastructure;
NOW, therefore, based on the foregoing, the parties agree as
follows:
1. The CITY acknowledges that the proposed uses, densities
and infrastructure depicted on Composite Exhibit "A", which is
attached hereto and made part hereof, are appropriate and
desirable uses to meet all CITY'S comprehensive planning goals
and objectives. CITY agrees to support the LANDOWNER in the
reviews required by the Volusia County Growth Management
Commission and the Florida Department of Community Affairs.
2. LANDOWNER agrees to request jurisdictional
determinations by the St. Johns River Water Management District,
the U.S. Army Corps of Engineers and the Florida Department of
Environmental Regulation to identify wetland areas on the
property. Except for the minimum amount of wetland area
permitted to be altered by those agencies, which is necessary to
support the development of the road system and certain other
encroachments as indicated on Composite Exhibit "A",
jurisdictional wetland areas will be designated as
"conservation" on CITY'S future land use map.
3. Provided that sufficient treatment and distribution
capacity is available within CITY'S utility system to provide
service to LANDOWNER'S project, Victoria Lakes, the off -site
improvements and extension required by CITY will be paid for by
LANDOWNER. At CITY'S option improvements and extensions
exceeding those necessary to provide service to Victoria Lakes
shall also be paid for by LANDOWNER. LANDOWNER shall be eligible
for impact fee offsets for those improvements and extensions
which exceed those necessary to provide service to Victoria
Lakes. If the cost of the improvements and extensions exceeds
the required amount of impact fees, CITY agrees to pay the cost
of improvements and extensions exceeding the amount of impact
E
fees. The procedure for determining the amount of such offsets
shall be set forth in that certain development agreement between
LANDOWNER and CITY which shall be executed within one year of
adoption by CITY of the annexation ordinance related to the
parcel described in Composite Exhibit "A". If CITY does not
have sufficient capacity to provide water and/or sewer service to
Victoria Lakes, then LANDOWNER shall have the right to install
treatment plants at its own expense. Within six (6) months of
notice to LANDOWNER by CITY that capacity is available, LANDOWNER
shall connect to CITY'S utility system. Within six (6) months of
such connection, LANDOWNER shall decommission the plant unless
CITY agrees to acquire it as part of CITY'S system.
4. The CITY agrees that the project may be developed in
phases, and the parties shall negotiate the need for and extent
of any traffic/transportation impact studies in a separate
development agreement as described in Paragraph 3 above. The
phasing plan will also be part of said development agreement.
5. LANDOWNER agrees that Victoria Lakes shall not be a
rental community. As contemplated by Chapter 91-241, Laws of
Florida, mobile home owners shall also be the owners of the land
on which the mobile home is permanently affixed and accordingly,
the mobile home shall be taxed as real property. LANDOWNER shall
disclose in all contracts for purchase and sale and shall include
as a deed restriction the requirement that lot buyers shall be
required to obtain an "RP" sticker for their mobile home.
3
6. CITY finds that the proposed golf course use for the
annexed parcel is desirable in part because the CITY must provide
for reuse of certain amounts of its treated wastewater effluent,
and can do so upon the golf course. At a minimum, LANDOWNER
agrees to accept 500,000 gallons per day under dry weather
conditions of such reclaimed water for irrigation of its golf
course, and to supply and construct the piping necessary to do so
within the project interior, provided CITY obtains all necessary
permits for the discharge of the effluent treated to advanced
secondary levels. Because the configuration and routing of reuse
lines exterior to the project is unknown at this time, any
LANDOWNER responsibility for installing exterior reuse piping
will be addressed in the development agreement. The parties
acknowledge that no pricing structure has to date been set by
CITY for reclaimed water use, and the parties hereto agree to
enter into a separate development agreement pursuant to Paragraph
3 above, which will set forth the minimum amount of treated
effluent to be accepted by LANDOWNER and the conditions of such
acceptance, together with the pricing arrangements for such
reclaimed treated effluent.
7. The parties agree that all roads and rights -of -way,
including curbing, sidewalks, bikepaths and all other
improvements within the rights -of -way for each phase will be
dedicated to the public within one year after the final CITY
inspection for the particular phase. LANDOWNER shall have the
4
total responsibility for the maintenance of said road and right-
of-way for the one year period.
S. LANDOWNER agrees to make provision for entryway
maintenance and landscaping on a permanent basis, with the
objectives of projecting a positive image and meeting the
conditions specified in the CITY'S Subdivision Ordinance.
9. It is the intent of the parties that any commercial uses
associated with the project shall be integrated into the design
of the entire development and shall be consistent with the
general character of the development, as specifically related to
building location, design, signage and landscaping.
10. Design standards for the project shall be utilized by
LANDOWNER which preserve significant natural vegetative
communities present on the property, to the degree feasible.
LANDOWNER further agrees that landscaping proposed for the
project will utilize native and drought resistant vegetation.
Environmental easements will be established along rear property
lines to provide habitat and movement corridors for wildlife.
11. LANDOWNER agrees to make 200 (of 600) golf memberships
available to the general public, and CITY agrees to provide
recreational and park impact fee credits accordingly. The course
shall be a private course open to the public. The amount of
impact fee credits shall be negotiated in a separate development
agreement in accord with Paragraph 3 above. Provided tee times
are available, the general public will have the ability to use
the golf course at the fees in effect at the time of such use.
5
12. CITY agrees to execute all crossing requests to Florida
East Coast Railway Company as co -applicant with LANDOWNER. All
costs of said request and in complying with conditions imposed by
FEC shall be borne solely by the LANDOWNER.
13. LANDOWNER agrees to dedicate and convey a developable +1
acre fire station site at the location indicated on Exhibit "B",
attached hereto and made part hereof, within five (5) years of
the date of final execution of this Agreement, and within thirty
(30) days of receiving a written request to do so from the CITY.
LANDOWNER shall be responsible for the costs of preparing and
recording the legal description and dedication, and CITY shall
provide LANDOWNER with a credit for other impact fees, if any, in
an amount to be established in the development agreement.
EXECUTED this 0-'Wh day of October, 1991.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals as of the date first above written.
ATTEST:,:
City Cler1C'
r
CITY OF
Appra4ed fm form aed em"atnew
4rlsLtak Storey
city Attorney
STATE OF FLORIDA
COUNTY OF VOLUSLA
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared ,
as Mayor, and , as City Clerk, for the
City of Edgewater, Florida, to me well known and known to me to
be the persons described in and who executed the foregoing
instrument, and they acknowledged to and before me that they
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1991.
Sate �f ior�Ex r Large
M Co a io Ex res:
Agent for LANDOWNER
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared, Harvin Clark as agent
for landowner, to me well known and known to me to be the person
described in and who executed the foregoing instrument, and he
acknowledged to and before me that he executed said instrument
for the purposes therein expressed.
WITNESS hand and official seal he Count and State
last aforesaid u this �_ day of D�, 1991.
Notary ublic
State of Florida at Large
My Commission Expires:
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COMPOSITE
EXHIBIT "A"
THE FOLLOWING DESCRIBED REAL PROPERTY ALL LYING AND BEING IN THE
COUNTY OF VOLUSIA AND STATE OF FLORIDA.
THAT PART OF SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
BEING PART OF THE JANE MURRAY GRANT, LYING WESTERLY OF U.S. NO. 1
HIGHWAY AS NOW LAID OUT. (NOTE: THE "JANE MURRAY GRANT" IN ITS
ENTIRETY, CONSISTS SOLELY OF ALL OF SECTIONS 48 AND 49 OF
TOWNSHIP 18 SOUTH, RANGE 34 EAST, AS CLARIFIED BY FINAL DECREE OF
THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, VOLUSIA COUNTY,
FLORIDA FILED DECEMBER 5, 1916 AT MINUTE BOOK 9, PAGE 116.)
EXCEPTING THEREFROM, A PARCEL OF LAND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WEST LINE OF U.S. NO. 1 HIGHWAY
AND THE NORTH LINE OF SAID MURRAY GRANT; THENCE ALONG SAID MURRAY
GRANT S68 DEGREES 31'56"W 1005.8 FEET; THENCE S22 DEGREES 49126"E
1732.3 FEET; THENCE N68 DEGREES 31156"E 1005.8 FEET TO THE WEST
RIGHT OF WAY OF U.S. NO. 1 HIGHWAY; THENCE ALONG SAID WEST RIGHT
OF WAY N22 DEGREES 49'26"W 1732.3 FEET TO THE POINT OF BEGINNING,
CONTAINING 40 ACRES MORE OR LESS.
AND EXCEPTING THEREFROM, THAT PORTION OF THE SOUTH 1/2 OF
THE NORTH 52.465 CHAINS OF THE EAST 8 CHAINS OF SECTION 48,
TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING WESTERLY OF SAID U.S. NO.
1 HIGHWAY; THE WEST LINE OF THIS EXCEPTION BEING CLARIFIED BY
FINAL DECREE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT,
VOLUSIA COUNTY, FLORIDA FILED JULY 25, 1945 AT CHANCERY ORDER
BOOK 94, PAGE 516 AS OPPOSED TO THE UNDEFINABLE WEST LINE OF THAT
CERTAIN METES AND BOUNDS DESCRIPTION FOUND IN THAT SAME FINAL
DECREE.
AND EXCEPTING THEREFROM THE FLORIDA EAST COAST RAILWAY, A
100 FOOT RIGHT OF WAY.
AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY
BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST
EXCEPTING THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE
NORTH 660 FEET AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF
WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOTS 3 AND 4, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34
EAST.
(SAID PARCEL CONTAINING 449.89 ACRES, MORE OR LESS.)
EXHIBIT B
ANNEXATION AGREEMENT
This Agreement, entered into by and between the CITY OF
EDGEWATER, a Florida municipal corporation (hereinafter referred
to as "CITY"), and Marwin, Inc. (hereinafter called the
"LANDOWNER"), is executed this 1�541)day of October, 1991, for
the purpose of providing an orderly annexation of LANDOWNER'S
property described in Composite Exhibit "A" which is attached
hereto and made part hereof.
WHEREAS, LANDOWNER has caused a Petition for Voluntary
Annexation to be filed concerning the property described in
Composite Exhibit "A", which would cause said property to come
within the corporate and territorial jurisdiction of the CITY;
and
WHEREAS, the CITY is desirous of annexing said parcel, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory; and
WHEREAS, the annexation ordinance and the zoning ordinance
and Comprehensive Plan amendment related to the annexation have
been initiated; and
WHEREAS, LANDOWNER and CITY are mutually desirous of
providing for the orderly development of the annexed land,
including provision of infrastructure;
NOW, therefore, based on the foregoing, the parties agree as
follows:
1. The CITY acknowledges that the proposed uses, densities
and infrastructure depicted on Composite Exhibit "A", which is
attached hereto and made part hereof, are appropriate and
desirable uses to meet all CITY'S comprehensive planning goals
and objectives. CITY agrees to support the LANDOWNER in the
reviews required by the Volusia County Growth Management
Commission and the Florida Department of Community Affairs.
2. LANDOWNER agrees to request jurisdictional
determinations by the St. Johns River Water Management District,
the U.S. Army Corps of Engineers and the Florida Department of
Environmental Regulation to identify wetland areas on the
property. Except for the minimum amount of wetland area
permitted to be altered by those agencies, which is necessary to
support the development of the road system and certain other
encroachments as ,indicated on Composite Exhibit "A",
jurisdictional wetland areas will be designated as
"conservation" on CITY'S future land use map.
3. Provided that sufficient treatment and distribution
capacity is available within CITY'S utility system to provide
service to LANDOWNER'S project, Victoria Lakes, the off -site
improvements and extension required by CITY will be paid for by
LANDOWNER. At CITY'S option improvements and extensions
exceeding those necessary to provide service to Victoria Lakes
shall also be paid for by LANDOWNER. LANDOWNER shall be eligible
for impact fee offsets for those improvements and extensions
which exceed those necessary to provide service to Victoria
Lakes. If the cost of the improvements and extensions exceeds
the required amount of impact fees, CITY agrees to pay the cost
of improvements and extensions exceeding the amount of impact
2
fees. The procedure for determining the amount of such offsets
shall be set forth in that certain development agreement between
LANDOWNER and CITY which shall be executed within one year of
adoption by CITY of the annexation ordinance related to the
parcel described in Composite Exhibit "A". If CITY does not
have sufficient capacity to provide water and/or sewer service to
Victoria Lakes, then LANDOWNER shall have the right to install
treatment plants at its own expense. Within six (6) months of
notice to LANDOWNER by CITY that capacity is available, LANDOWNER
shall connect to CITY'S utility system. Within six (6) months of
such connection, LANDOWNER shall decommission the plant unless
CITY agrees to acquire it as part of CITY'S system.
4. The CITY agrees that the project may be developed in
phases, and the parties shall negotiate the need for and extent
of any traffic/transportation impact studies in a separate
development agreement as described in Paragraph 3 above. The
phasing plan will also be part of said development agreement.
5. LANDOWNER agrees that Victoria Lakes shall not be a
rental community. As contemplated by Chapter 91-241, Laws of
Florida, mobile home owners shall also be the owners of the land
on which the mobile home is permanently affixed and accordingly,
the mobile home shall be taxed as real property. LANDOWNER shall
disclose in all contracts for purchase and sale and shall include
as a deed restriction the requirement that lot buyers shall be
required to obtain an "RP" sticker for their mobile home.
3
6. CITY finds that the proposed golf course use for the
annexed parcel is desirable in part because the CITY must provide
for reuse of certain amounts of its treated wastewater effluent,
and can do so upon the golf course. At a minimum, LANDOWNER
agrees to accept 500,000 gallons per day under dry weather
conditions of such reclaimed water for irrigation of its golf
course, and to supply and construct the piping necessary to do so
within the project interior, provided CITY obtains all necessary
permits for the discharge of the effluent treated to advanced
secondary levels. Because the configuration and routing of reuse
lines exterior to the project is unknown at this time, any
LANDOWNER responsibility for installing exterior reuse piping
will be addressed in the development agreement. The parties
acknowledge that no pricing structure has to date been set by
CITY for reclaimed water use, and the parties hereto agree to
enter into a separate development agreement pursuant to Paragraph
3 above, which will set forth the minimum amount of treated
effluent to be accepted by LANDOWNER and the conditions of such
acceptance, together with the pricing arrangements for such
reclaimed treated effluent.
7. The parties agree that all roads and rights -of -way,
including curbing, sidewalks, bikepaths and all other
improvements within the rights -of -way for each phase will be
dedicated to the public within one year after the final CITY
inspection for the particular phase. LANDOWNER shall have the
4
total responsibility for the maintenance of said road and right-
of-way for the one year period.
S. LANDOWNER agrees to make provision for entryway
maintenance and landscaping on a permanent basis, with the
objectives of projecting a positive image and meeting the
conditions specified in the CITY'S Subdivision Ordinance.
9. It is the intent of the parties that any commercial uses
associated with the project shall be integrated into the design
of the entire development and shall be consistent with the
general character of the development, as specifically related to
building location, design, signage and landscaping.
10. Design standards for the project shall be utilized by
LANDOWNER which preserve significant natural vegetative
communities present on the property, to the degree feasible.
LANDOWNER further agrees that landscaping proposed for the
project will utilize native and drought resistant vegetation.
Environmental easements will be established along rear property
lines to provide habitat and movement corridors for wildlife.
11. LANDOWNER agrees to make 200 (of 600) golf memberships
available to the general public, and CITY agrees to provide
recreational and park impact fee credits accordingly. The course
shall be a private course open to the public. The amount of
impact fee credits shall be negotiated in a separate development
agreement in accord with Paragraph 3 above. Provided tee times
are available, the general public will have the ability to use
the golf course at the fees in effect at the time of such use.
5
12. CITY agrees to execute all crossing requests to Florida
East Coast Railway Company as co -applicant with LANDOWNER. All
costs of said request and in complying with conditions imposed by
FEC shall be borne solely by the LANDOWNER.
13. LANDOWNER agrees to dedicate and convey a developable +1
acre fire station site at the location indicated on Exhibit "B",
attached hereto and made part hereof, within five (5) years of
the date of final execution of this Agreement, and within thirty
(30) days of receiving a written request to do so from the CITY.
LANDOWNER shall be responsible for the costs of preparing and
recording the legal description and dedication, and CITY shall
provide LANDOWNER with a credit for other impact fees, if any, in
an amount to be established in the development agreement.
EXECUTED this day of October, 1991.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals as of the date first above written.
CITY OF EDGEWATER, FLORIDA
ATTEST:
City Clerk Mayor,
C
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared ,
as Mayor, and , as City Clerk, for the
City of Edgewater, Florida, to me well known and known to me to
be the persons described in and who executed the foregoing
instrument, and they acknowledged to and before me that they
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1991.
Notary P blic
State o ;Flo 1 at arge
My Comm sic pir s:
Ha vin Clar
As Authorized Agent for LANDOWNER
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared, Harvin Clark as agent
for landowner, to me well known and known to me to be the person
described in and who executed the foregoing instrument, and he
acknowledged to and before me that he executed said instrument
for the purposes therein expressed.
WITNESS my hand and official
day of
eW� AQunty and State
last aforesaid this II��11..(�) ��
/ 2>vu,
Ndtary Public
State of Florida at Large
My Commission Expires:
ppM a LESL! L;'cDOUGAL
psis o L4/ Cc I, f�9. 9-12.94
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