2006-O-0105/30/200610:36 eft
Instrnmento 2006-136762 0 1
Book : 5840
Page: 15
ORDINANCE NO.2066-0-01
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-6W (URBAN TWO
FAMILY RESIDENTIAL); R-4W (URBAN SINGLE FAMILY
RESIDENTIAL) AND I-3W (WATERFRONT INDUSTRIAL)
TO CITY RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED EAST OF U.S.
HIGHWAY NO. 1 AND NORTH OF JONES FISH CAMP
ROAD, EDGEWATER, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE
RIVER OAKS SUBDIVISION; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILI Y AND APPLICABILITY; PROVIDING FOR
Ow AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Scott Tobin, agentlapplicant on behalf of AR Edgewater, LLC, owners of property
located East of U. S. Highway No. 1 and North of Jones Fish Camp Road, Edgewater, Florida.
Subject property contains approximately 30.01 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County R-6W (Urban Two Family Residential), R-4W (Urban Single Family
Residential) and I-3W (Waterfront Industrial) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On December 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 1, the Board
recommended that City Council consider approval of the request.
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4. On January 23, 2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
January 12, 2006.
5. On February 13, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 2, 2006, and notifying by mail all
property owners who own real property directly affected by the proposed action and all properly
owners who own real property within 300 feet of the subject properly.
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:
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2006.0-01 2
Instnnentt 2006-136762 t 3
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PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification forthe following describedproperty is hereby changed from County
R-6W (Urban Two Family Residential), R-4W (Urban Single Family Residential) and I-3W
(Waterfront Industrial) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for River Oaks Subdivision (attached
hereto and incorporated as Exhibit rB").
The following described real property all lying and being in the County of Volusia
and State of Florida.
Lot 15, 16, 26, 27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit
No. 2, as recorded in Map Book 19, Page 31 of the Public Records of Volusia
County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19,
Page 18 of the Public Records of Volusia County, Florida. Together with any
riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No. 2, a Subdivision according to
map thereof recorded in Map Book 19, Page 31 of the Public Records of Volusia
County, Florida. (Bearings refer to RIVER PARK MOBILE HOME COLONY
SECTION 2, Map Book 32, Page 107 and based on the North line of Indian River
Drive as N 68044'20" E).
Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No. 2, as Recorded in
Map Book 19, Page 31 of the Public Records of Volusia County, Florida, and filled
land lying East of said Lot 36, together with, any and all accretions, riparian and
littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36,
RIVERFRONT ESTATES, Unit No. 2, as recorded in Map Book 19, Page 31 of the
Public Records of Volusia County, Florida, described as follows: Begin at the S.W.
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Comer of Lot 35, RIV ERFRONT ESTATES, Unit No. 2 as recorded in Map Book
19, Page 31 of the Public Records of Volusia County, Florida; thence along the
Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft;
thence N 69'16'01" E, 633.63 ft, 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 ft; thence S O4022'24" E, 62.38 ft; thence S 35002'40"
W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S 56049'20" E, 35.84 ft; thence
S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; 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 ft to the Point of Beginning. Together with any and all
accretions, riparian and littoral rights appertaining thereto.
Containing 30.01 ± acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, 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
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2006.0-01
^. Instrumental 2006-136762 1 5
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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 Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
First reading was held on January 23, 2006 with an additional first reading being held on May
1, 2006.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 1, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
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2006-0-01 5
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InstrueMl 2M-13B762 Y 6
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After Motionby Councilwoman Lichter and Secondby Councilwoman Rhodes
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Ma or Mike Thomas x
y
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi Absent
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 15th day of May, 2006.
ATTEST:
Susan J. W dsworth
City C1er-1 r
Vtm"w-
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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zoa6-ao1
V
CITY COUNCIL
CITY OF EDGE1
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of May, 2006 under Agenda Item No. 6 D
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Instrtmenti' 2005-136162 # 8
Book: 5840
THIS INSTRUMENT PREPARED BY:
Paul Rosenthal
Foley & Lardner, LLP
I I I N. Orange Avenue, Suite 1800
Orlando FL 32801
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes only
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT
River Oaks Condominium
THIS AGREEMENT is made and entered into this day of IV
2006 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 AH Edgewater, LLC, owner, whose address is 444 Seabreeze Boulevard,
Suite 900, Daytona Beach Florida 32118 (hereinafter referred to as "Developer"). The purpose of
this Agreement is to define the terms and conditions granting the development approval of the
subject property,
NOW, THEREFORE, in consideration 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 30.01f acres west of the Indian River,
north of Jones Fish Camp Road and east of US Highway 1 in Edgewater, Volusia County, Florida.
The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The
Record owner of the subject property is AH Edgewater LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Oaks Condominium, as defined by the Master Plan, dated
August 23, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals
(Agreement/Zoning - River Oaks Condo)
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for this project, or within eighteen (18) months of the effective date of this Agreement whichever
is later. Developer's failure to initiate construction within one (1) year of receipt ofrequired permits
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, stonnwateq 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 as exists May 01,
2006. The Developer further agrees that all development will be consistent with the River Oaks
Condominium Master Plan dated August 23, 2005 (Exhibit `B"). River Oaks Condominium shall
be developed consistent with the City'sRPUDdevelopment procedures. Final project approval may
be subject to change based upon final environmental, engineering, permitting, and planning
considerations. Use of the property will be as follows:
A. SizeMnit Count/Lot Size
River Oaks Condominium shall not exceed a total of 308 condominium dwelling units. The
River Oaks Condominium Development will include a clubhouse with pool, tennis courts, and
horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting component
of the Volusia County Manatee Protection Plan.
B. Minimum Dwelling Unit Size
The minimum gross dwelling unit square footage shall be at least 1,500 square feet living
area under air. In addition, each dwelling unit will have a minimum of one (1) enclosed parking
space. The development will have a minimum of 485 parking spaces.
Maximum impervious surface ratio shall be twenty-five percent (25%).
Maximum building height shall be one -hundred ninety feet (1901), inclusive of all parapets,
mechanical equipment, antennae, decorative features, stairwells, as measured from the lowest
parking level slab.
Two (2) multi -story condominium buildings with fourteen (14) stories of condominium units
over two (2) stories of parking, clubhouse with swimming pool, tennis courts, and horseshoe pits
(Agreement/Zoning - River Oaks Condo)
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and a marina with boats slips in accordance with the Boat Siting Plan.
C. Minimum Building Setbacks:
West - 1,300' from US Highway 1
East - 265' from the Indian River
South - 27' from southern property line
North - 38' from northern property line
Minimum 50' from the Mean High Waterline and 25' frorn any wetlands vegetation.
Maximum Height - 190'
D. Roads
Improvements with public right-of-ways will be dedicated to the owner(s) of the right-of-
way. On -site roads shall be maintained by the Condominium Owner's Association (COA).
The developer agrees to add landscaping as approved by the City and FDOT in the median(s)
on US Highway 1 fronting this site and will be maintained by the COA.
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) are approximately 2.1t
acres subject to final engineering, and will be owned and maintained by the COA. 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
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
(Agreement/Zoning - River Oaks Condo) 3
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NGVD29 - National Geodetic Vertical Datum of 1929
NAVD88 - 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.
100-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.
(Agreement/Zoning - River Oaks Condo) 4
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Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on -site 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. 1-foot topographic contour interval and 100-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
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 100-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 100-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements.
(Agreement/Zoning - River Oaks Condo)
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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 forall storm
events of magnitude less than the I00-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing 100-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 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 maybe required to adequately protect, upstream systems,
downstream systems, and/or offsite properties.
F. SignaE2
Signage to be located in the center island at the project entrance shall be a ground mounted
monument sign with a maximum copy area of thirty-two (32) square feet and shall be internally
illuminated.
(Agreement/Zoning - River Oaks Condo) 6
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O. Trees
All City and County minimum tree protection standards shall be satisfied for this
development. Approximately twenty-two (22) acres shall be established as open space and shall be
maintained by the COA.
H. Entrance to Subdivision
Entrance to be gated with one (1) entrance lane, two (2) exit lanes with a minimum stacking
of five (5) vehicles at entrance gate and provisions for emergency vehicle access.
1. Temporary Offices and Signs
Temporary Offices - A temporary sales office will be located adjacent to US Highway 1 on
the property and meet all Land Development Code standards for setback requirements. The sales
office will consist of a double -wide, modular trailer with an improved parking area with handicap
accessible parking. The sales office may be permitted after initial site plan approval and will be
removed prior to the completion of the project. A four (4) x eight (8) project sign will be installed
adjacent to the sales office. The project sign will be removed upon removal of the sales trailer. The
developer will obtain separate permits as required for the sales trailer.
Flags or insignias which read "model', "open", "open house" or any other phrase which
identifies condominiums for sale or reservation 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. The maximum number of flags shall not exceed two (2).
J. Declaration of Covenants Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By -Laws for the Condominium Association will be recorded in the public records of Volusia
County at the time the final plat for River Oaks Condominiums is recorded.
(Ag mment/Zoning - River Oaks Condo) 7
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4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Oaks Condominium is High Density Residential
with Conservation Overlay. The zoning designation for River Oaks Condominium 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 he 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.
Developer agrees to connect to the City's potable water system at the nearest point of connection
along US Highway 1. 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 a Certificate of Occupancy on the first unit for the
first building.
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 a Certificate of Occupancy on the first
unit for the first building.
C. The City has determined that reclaimed water will be available in the foreseeable
future. The developer shall install piping for future reclaimed water 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.
(Agreement/Zoning - River Oaks Condo) 8
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E. All electrical services will be underground.
F. Roadway improvements except in public right-of-ways shall remain private and
be maintained by the COA.
G. Off -site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization, beautification ofinedians on US Highway
1 immediately north and south of intersection of US Highway 1 and Jones Fish Camp Road ) 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
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 each Building
Permit application.
City Roads - Paid to City by applicant at the time of each Building Permit
Application.
Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant
prior to a Certificate of Occupancy.
Contribution of $300,000.00 to Kennedy Park Capital Improvement Project.
Contribution is to mitigate impacts to Indian River Lagoon, Kennedy Park Project
(Agreement/Zoning - River Oaks Condo) 9
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includes additional parking, boat trailer parking, stormwater enhancements, public
amenities and dockage and will be paid upon issuance of the first building permit
issued for a condominium.
The amount of all required impact fees shall be at the prevailing rate authorized at the time of
payment of impact fees.
All infrastructure facilities and improvements shall be constructed incompliance with
applicable federal, state, and local standards.
A concurrency review has been conducted and it has been determined that all
required public facilities are available for a one (1) year period from the date of this agreement.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review, advertising costs and construction inspection related to the
River Oaks Condominium development approval and the construction of requited infiastructure
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. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Piping for future reclaimed service.
4. Stormwater collection/treatment system, including outfall system.
5. 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.
(Agreement/Zoning- River Oaks Condo) 10
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6. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
7. Indian River waterfront park improvements to mitigate waterway impacts ($300,000)
(as previously stated in this agreement).
8. 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%
ofthe cost of the infrastructure improvements, including sidewalks, shall be provided
to the City prior to the recording of the Final Plat, the issuance of a Certificate of
Completion, or issuance of the first Certificate of Occupancy. The Maintenance
Bond shall be in effect for a two (2) year period.
9. 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 Completion. Developer shall provide a bond or surety in a form
acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If
sidewalks are not completed within two (2) years, the developer will install the
remaining sidewalks.
10. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the COA 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.
(Agreement/Zoning - River Oaks Condo) 11
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M. Recreational Facilities
The River Oaks Condominium Development will include a clubhouse with pool, tennis
courts, and horseshoe pits and a future marina with boats slips in accordance with the Boat Facility
Siting component of the Volusia County Manatee Protection Plan.
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, as of May 01, 2006, 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, in a form acceptable to the City, all
utility and drainage easements as required for utilities serving River Oaks Condominium. The
developer has designated 22t acres as open space, to be maintained by the Condominium Owners
Association, and dedicated in a conservation easement to the City of Edgewater, Volusia County,
and the St. Johns River Water Management District.
8. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
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 Volusia County.
City of Edgewater —Rezoning, Site Plan approval, all applicable clewing, removal,
construction and building permits.
(Agreement/Zoning- River Oaks Condo) 12
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3. This site may require a Volusia County Environmental Permit,
4. 100 year flood elevation for this site is seven (7) feet minimum finished floor
elevation shall be eight (8) feet.
9. DEVELOPMENT REQUIREMENTS
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 notbe 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 Condominium Owners Association (COA)for the
purpose of maintaining the property and enforcing applicable covenants and restrictions. The
mandatory Association 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, roads and sidewalks within the River
Oaks Condominiums, common area tracts as depicted on the plat. The Association documents,
including applicable articles of incorporation; covenants and restrictions; and by-laws shall be
reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
(Agreement/Zoning - River Oaks Condo) 13
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Page: 35
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the Property
shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to, this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis on competent substantial
(Agreement/Zoning- River Oaks Condo) 14
Instrunentu 2006-136762 B 22
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Page: 36
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.
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.
(AgreementlZoning - River Oaks Condo) 15
Instnment# 2006-136762 # 23
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
(Agreement/Zoning - River Oaks Condo) 16
Instrwnt# 2006-136762 Y 24
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Page: 38
ATTEST:
Susan�swort
City Clerk
Witnessed by:
VA
ki-Jn
Signed, sealed ant
in the presence of:
STATE OF FLORMA
COUNTY OF VOLUSIA
CITY COUNCIL OF THE
CITY OFE GE ATE LORI
r
sy:
ichael T
ayor
Robin L.
D. Hood, Jr.
The foregoing instrument was acknowledged before my on this 22od day of
2006, by ChA21e5 �, !{acd TR. ,and who has-hredueed '5 P RSona/ y Kno un io hl2.
as identification and who did (did not) take an oath.
�a�
Not Public
Stamp/Seal
"`- PMEY
nYCeM��IµeN # M 4019W
EXPIRES: WaM 1, M
moe mu wwr v,e�e isrn..
(Agreement/Zoning - River Oaks Condo) 17
Instruitent# 2006-M762 # 25
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
1. Lot 15, 16, 26, 27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No. 2, as
recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of Volusia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No. 2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida. (Bearings refer
to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based on
the North line of Indian River Drive as N 68 °44'20" E).
Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No. 2, as Recorded in Map Book 19,
Page 31 of the Public Records of Volusia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No. 2, as recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida,
described as follows: Begin at the S.W. Comer of Lot 35, RIVERFRONT ESTATES, Unit No. 2
as recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed hearing run N 22 °44'32" W, 319.82 ft; thence
N 69 ° l6'01" E, 633.63 ft, 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 11 °51'56" E, 50.58 ft; thence
S 04°22'24" E, 62.38 ft; thence S 35°02'40" W, 52.93 ft; thence S 02'35'13" W, 88.75 ft; thence S
56°49'20" E, 35.84 ft; thence S 16° 14'06" E, 50.88 ft; thence S 20°24'24" E, 23.6 ft; 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 69°46'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 ± acres more or less.
(Agreement/Zoning - River Oaks Condo) 18
Instrwent* 2006-136762 X 26
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EXHIBIT'B"
MASTER PLAN
(Agreemenezoning - River Oaks Condo) 19
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