2005-O-09 - Riverside Villas PUD
01/30/2007 11:40 AM
Instrument# 2007-022777 # 1
Book: 5998
Page: 1935
ORDINANCE NO. 2005-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM B-3 (HIGHWAY COMMERCIAL)
TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF FALCON A VENUE,
EDGEW A TER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE RIVERSIDE VILLAS
SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDGEW A TER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Targator Partners, LLC are the owner/applicant for property located at the Southeast
corner of Falcon A venue, Edgewater, Florida. Subject property contains approximately 2.67 acres
more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from B-3 (Highway Commercial) to RPUD (Residential Planned Unit Development)
for the property described herein.
3. On April 13, 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 April 18, 2005, the City Council considered on first reading/public hearing the
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Underlined passages are added.
2005-0-09
Instrument# 2007-022777 # 2
Book: 5998
Page: 1936
proposed change in the zoning classification after publication of such hearing in the Observer on
April 7, 2005.
5. On May 2, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 21, 2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from B-3
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Underlined passages are added.
2005-0-09
2
Instrument# 2007-022777 , 3
Book: 5998
Page: 1937
(Highway Commercial) to RPUD (Residential Planned Unit Development) pursuant to the associated
Planned Unit Development (PUD) Agreement for Riverside Villas 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 Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded
in Map Book 8, Page 222 of the Public Records of V olusia County, Florida, together
with a portion of the Northeast Quarter (1/4) of Section 2, Township 18 South, Range
34 East, Volusia County, Florida being more particularly described as follows:
Begin at the Northeast corner of Lot 8, PELICAN COVE WEST PHASE 3, as shown
on the map recorded in Map Book 46, Page 171, of the Public Records of V olusia
County, Florida; thence along the Southerly right-of-way line of Falcon A venue,
North 90 degrees 00 minutes and 00 seconds East a distance of 140.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of80.00 feet; thence North
90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence South
00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25
degrees 47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64
degrees 12 minutes 49 seconds West, a distance of 335.41 feet to the most Easterly
corner of Lot 1, PELICAN COVE WEST, PHASE 3, aforesaid; thence along the
Easterly line of said subdivision of the following courses, North 25 degrees 47
minutes 03 seconds West, a distance of 30.00 feet; thence North 00 degrees 00
minute 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 :!:: 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 EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property.
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2005-0-09
3
Instrument# 2007-022777 # 4
Book: 5998
Page: 1938
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 V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2005-0-09
4
Instrument# 2007-022777 # 5
Book: 5998
Page: 1939
PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 18, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Underlined passages are added.
2005-0-09
5
9
Instn.entf 2007-022M 0 6
ook: 5998
age: 1940
PASSED AND DULY ADOPTED this 2nd day of May, 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
Stt,Fkehrongh passages are deleted.
Underlined passages are added.
2005-0-09
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: ;l
Donald A. Schmidt
Mayor
Robin . Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 61).
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Inst rument# 2007-022777 # 11
Book: 5998
Page: 1945
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
RIVERSIDE VILLAS SUBDIVISION
THIS AGREEMENT is made and entered into this(~d day of ron2
2005 by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation,
whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132,
(hereinafter referred to as "City") and T ARGA TOR PARTNERS, LLC., owner, with Thomas
E. Howard as managing member, whose mailing address is P. O. Box 691, Edgewater, Florida
32 132 (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 2.67 :!:: acres located on the southeast
corner of Falcon A venue 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
(Agreement/Zoning - Riverside Villas)
Instrurnent# 2007-022777 # 12
Book: 5998
Page: 1946
subject property is Targator Partners, LLC.
2. DURA TION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Riverside Villas Subdivision, as defined by the Master Plan,
dated February 2, 2005 (Exhibit "B" included herein), within one (1) year of the effective date
of this Agreement Developer's failure to initiate construction within the time frame identified
herein 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 of the Subdivision Plans by City staff shall include, but not be limited to utilities,
stormwater, traffic, streetlighting, fire rescue, hydrants, law enforcement, (no pedestrian
system/sidewalk is required), environmental, solid waste containment, and planning elements,
including landscaping, signage and pavement markings.
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 Riverside Villas
Master Plan dated February 2, 2005 (Exhibit "B"). Riverside Villas 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:
(Agreement/Zoning - Riverside Villas)
2
Inst rument# 2007 -022m # 13
Book: 5998
Page: 1947
A. Average Lot SizelUnit Count
Riverside Villas shall not exceed a total of 22 single family attached dwelling units
(townhomes). The 22 single family townhome lots are planned to be 30' x 100' or greater.
Based on the Final Subdivision Plan approval, the total number of units may vary but the
maximum residential units allowed for the Riverside Villas Subdivision shall not exceed 8.24
gross dwelling units per total acreage or a maximum of 22 units/townhomes.
No lot will exceed a maximum building coverage of seventy percent (70%) with a
maximum impervious coverage of eighty percent (80 %).
Minimum Townhome Lot Size:
Area - 3,000 square feet
Width - 30 feet
Depth - 100 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,920 square feet living area
under air. In addition, each unit will have a minimum of a two (2) car enclosed garage. No
carports shall be allowed.
C. Minimum Yard Size and Setbacks:
30' x 100' lots
Front - 20'
Rear - 25'
Side - 0'
Side Comer - 15'
(Agreement/Zoning - Riverside Villas)
3
Instrument' 2007-022777 , 14
Book: 5998
Page: 1948
Maximum Building Height - 26'
Utility Easements - 10' front, 5' sides (Lots 1,6, 7, 10, I I, 16, 17 & 22 only)
Swimming Pools - not permitted
D. Roads
All roadways within the development shall have a minimum right-of-way width of at
least twenty-four (24') feet. Due to the subdivision being a private community, all interior roads
shall be maintained by the HOA with public utilities and easements. An emergency vehicle
turnaround shall be provided and approved by the Fire Chief pursuant to the requirements
contained in the Florida Fire Prevention Code.
E. Retention Pond( s)
The Retention Pond(s) will meet the requirements of the S1. Johns River Water
Management District and the City's Land Development Code. The pond(s) are approximately
.40 acres and will be owned and maintained by the HOA. Developer is required to provide an
outfall to a publicly owned or controlled drainage conveyance system, and obtain an off-site
drainage easement if necessary.
F. Signage
Pursuant to the requirements contained in the Land Development Code, one (I) sign is
allowed for the subdivision. 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
which are designated in the area indicated in Exhibit "C", Sketch of Sign age Area, which is
(Agreement/Zoning - Riverside Villas)
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Instrument# 2007-022777 # 15
Book: 5998
Page: 1949
attached hereto and incorporated herein. Signage to be a monument sign with a maximum copy
area of eighteen (18) square feet and a maximum ten inch (10") heigh letters, internally lighted.
G. Trees
There shall be a minimum of four (4) trees per each single family home building lot.
Trees shall be 2 '12" in diameter, measured 6" above the soil line and shall be of a variety listed in
Exhibit "D" - Trees, which is attached hereto and incorporated herein. A tree survey shall be
provided prior to construction plan approval. Each lot shall have a tree survey prior to the
issuance of a building permit. 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 at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees 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.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Buffer Areas
Riverside Villas will construct any and all required buffer areas needed next to all
adjacent uses. Said buffer areas will be constructed in compliance with the current Land
Development Code.
(Agreement/Zoning - Riverside Villas)
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Inst rument# 2007-022777 # 16
Book: 5998
Page: 1950
I. Irrigation
Common areas and areas dedicated to the HOA will be irrigated by wells or from a
surface water system upon proper permitting and approval. Shallow wells will be the
recommended source of irrigation for individual residential units. All irrigation must comply
with all V olusia County Waterwise Landscaping and Irrigation Standards.
J. Environmental Constraints
There are no known environmental constraints relating to this subdivision.
K. Air Conditioning Units
All dwelling units shall have air conditioning units and pads located adjacent to the
neighboring garage or located behind each dwelling unit.
L. Entrance to Subdivision
Entrance into the subdivision shall consist of a twenty-four foot (24') wide paved right-
of-way with two feet (2') concrete curb on both sides of the right-of-way.
M. Declaration of Covenants, Conditions and Restrictions
Riverside Villas will develop and submit homeowners and property owners association
documents in accordance with all City, County, State and Federal laws, regulations and
guidelines. The Declaration of Covenants, Conditions and Restrictions; Articles of
Incorporation, and By-Laws for the Homeowners Association will be recorded in the public
records of Vol usia County at the time the final plat for Riverside Villas is recorded.
N. Easements
Easements for public utilities shall be dedicated to the City and any other public utility
provider.
(Agreement/Zoning - Riverside Villas)
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Instrument. 2007-022777 . 17
Book: 5998
Page: 1951
O. Landscaping and irrigation plans must be submitted with final construction plans.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Land Use designation for Riverside Villas is High Density Residential. The zoning
designation for Riverside Villas shall be RPUD (Residential Planned Unit Development) as
defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD
are applicable to the development of the property and shall be consistent with the current Land
Development Code and City's Comprehensive Plan.
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 system at the nearest point of connection, at
Falcon Avenue with a minimum of eight inch (8") PVC water main to the nearest entrance of the
subdivision. All water main distribution system improvements will be installed by the
Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and
dedicated to the City prior to or at the time of platting or in accordance with the requirements
contained in the current Land Development Code as it relates to performance bonds
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
C. The City has determined that reclaimed water is unavailable and will not be
available in the foreseeable future. Therefore there is no City requirement to install any
(Agreement/Zoning - Riverside Villas) 7
Instrument# 2007-022777 # 18
Book: 5998
Page: 1952
reclaimed piping and Developer will 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, all required utility easements
(on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Roadway improvements within any public right-of-ways shall be dedicated to the
City at the time of final plat approval. Due to the subdivision being a gated community, all
interior roads shall be maintained by the HOA. The entrance gate for Riverside Villas must be
approved by all public safety entities and in compliance with current codes.
G. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization) if any, are the Developer's
responsibility and shall meet all City, County and/or State requirements and approvals and shall
be depicted on the Construction Plans.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 100% of the applicable total impact fees due to the City for water shall be paid
by applicant at the time permit application for the subdivision improvements is signed by
the City, thereby reserving requisite water capacity.
Sewer - 100% of the applicable total impact fees due to the City for sewer shall
be paid by applicant at the time permit application is signed by the City, thereby
reserving requisite sewer capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
(Agreement/Zoning - Riverside Villas)
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Instrument# 2007-022777 # 19
Book: 5998
Page: 1953
Building Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school impact fee, prior to a Building Certificate
of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
1. 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.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Riverside
Villas Subdivision development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including
the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system, including outfall system (if
necessary).
(Agreement/Zoning - Riverside Villas)
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Instrument. 2007-022777 # 20
Book: 5998
Page: 1954
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. Developer is responsible for the costs of recording the plat upon approval
by the City of Edgewater.
6. Bonds - A Performance Bond shall be 110% of the costs of all required
remaining improvements at the time of the recording of the Final Plat. A
Maintenance Bond equal to 1 0% of the cost of the infrastructure
improvements shall be provided to the City prior to recording of the Finals
Plat. The Maintenance Bond shall be in effect for a two (2) year period or
as currently required in the Land Development Code.
7. Streetlights shall be maintained by the HOA and be installed by the
Developer at time of installation of the infrastructure or prior to the
issuance of the Certificate of Occupancy for the first building.
M. Recreational Facilities and Open Space
The developer agrees to construct a recreational facility accessible to residents to consist
of a minimum of IS' x 3D', 450 square foot swimming pool, cabana, landscaping, irrigation,
lighting and parking pursuant to the Master Plan (Exhibit "B").
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants of the project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or
(Agreement/Zoning - Riverside Villas)
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Instrument. 2007-022777 # 21
Book: 5998
Page: 1955
right-of-ways other than those intended for landscape or recreational purposes. Riverside Villas
has deemed .53 acres as open space to be maintained by the HOA.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
III the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed or plat
dedications all public utility easements as required, free and clear of all liens and encumbrances;
and provide a title opinion to evidence compliance with same. Roadways serving the residential
community only will remain privately owned and maintained by the HOA. Law enforcement,
fire protection and other emergency services, trash and recycle collection will be provided by the
City of Edgewater throughout the Riverside Villas Subdivision.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption.
Permits may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, S1. 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 and/or Site Plan approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
(Agreement/Zoning - Riverside Villas)
11
Instrument# 2007-022777 # 22
Book: 5998
Page: 1956
construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100 year flood elevation for this site is 16.0 feet (16'), minimum finished floor
elevation shall be 17.0 feet (17') above the 100 year elevation.
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 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.
Development standards shall be those of the City as set forth in the Land Development
Code, except as otherwise set forth in this Agreement or as designated on the master plan and/or
construction plans approved by the City.
Developer shall establish a mandatory Homeowner's Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The mandatory
HOA will be responsible for the streetlight requirements and pedestrian circulation system
requirements that result from the project including payment to Florida Power and Light for
installation, maintenance and power consumption and the maintenance of the storm water areas,
retention areas, all common areas and any designated easement areas within the Riverside Villas
Subdivision, common area tracts as depicted on the plat, pedestrian systems, and private streets
(Agreement/Zoning - Riverside Villas)
12
Instrument. 2007-022777 # 23
Book: 5998
Page: 1957
within the community. The BOA documents, including applicable articles of incorporation;
covenants and restrictions; and by-laws shall be reviewed and approved by the City prior to final
plat and/or site 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.
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, subject,
however, to the parties' rights to invoke the remedies provided below.
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
(Agreement/Zoning - Riverside Villas)
13
Instrument. 2007-022777 . 24
Book: 5998
Page: 1958
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 of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject to Developer's right to cure provided below, the Agreement may be revoked
or modified by the City. Notwithstanding any other provision of this Agreement, if City at any
time concludes Developer is in default of a covenant or obligation of this Agreement, City shall
notify Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if Developer cures the claimed default within
those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through
the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the
default within ninety (90) days.
(Agreement/Zoning - Riverside Villas)
14
Instrument# 2007-022777 # 25
Book: 5998
Page: 1959
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment.
19. FURTHER DOCUMENT A TION
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. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
(Agreement/Zoning - Riverside Villas)
15
Instrument# 2007-022777 # 26
Book: 5998
Page: 1960
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
(Agreement/Zoning - Riverside Villas)
16
Instrument# 2007-022777 # 27
Book: 5998
Page: 1961
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
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m'll . "'. IT '\' .:'
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(Agreement/Zoning - Riverside Villas)
CITY COUNCIL OF THE
CITY OF E GEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
j.l~Ck'
Robin L. Matusick "-
Legal Assistant/Paralegal
17
Instrument# 2007-022777 # 28
Book: 5998
Page: 1962
Witnessed by:
T ARGA TOR PARTNERS, LLC.
~f~
Thomas Howard, Managing Member
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this ~ day of
r:~ 2005, by THOMAS HOWARD, who has authority to execute this
document on behalf of TARGATOR PARTNERS, LLC., and who ~is personally known or 0
has produced as identification and who 0 did 0 did not take an
oath.
cJ.lnf\ i'f. .!. JI. \ AJ. R.~ 0
Notary Public, State of Flor a
My Commission ExP.i[~, Bonnie Wen7el
,~~ "'~' 7
f., ,"~ Commission # 00341 14
:. '. . Expires September 13, 2008
~~ .tlIloMOlITIllVPJIn._nct,IftO, 1lOQo38007019
(Agreement/Zoning - Riverside Villas)
18
Instrument# 2007-022777 # 29
Book: 5998
Page: 1963
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 Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded in Map
Book 8, Page 222 of the Public Records of Volusia County, Florida, together with a portion of
the Northeast Quarter (114) of Section 2, Township 18 South, Range 34 East, Volusia County,
Florida being more particularly described as follows:
Begin at the Northeast corner of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of V olusia County, Florida; thence
along the Southerly right-of-way line of Falcon A venue, North 90 degrees 00 minutes and 00
seconds East a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a
distance of 80.00 feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of
100.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet;
thence South 25 degrees 47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64
degrees 12 minutes 49 seconds West, a distance of 335.41 feet to the most Easterly corner of Lot
1, PELICAN COVE WEST, PHASE 3, aforesaid; thence along the Easterly line of said
subdivision of the following courses, North 25 degrees 47 minutes 03 seconds West, a distance
of 30.00 feet; thence North 00 degrees 00 minute 00 seconds East, a distance of 513.21 feet to
the POINT OF BEGINNING.
Containing 2.67 .::!:: acres more or less.
(Agreement/Zoning - Riverside Villas)
19
(Agreement/Zoning - Riverside Villas)
Instrument# 2007-022777 # 30
Book: 5998
Page: 1964
EXHIBIT "B"
MASTER PLAN
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~strument# 2007-022777 # 32
oak: 5998
Page: 1966
Instrument. 2007-022777 # 33
Book: 5998
Page: 1967
EXHIBIT "C"
SKETCH OF RIVERSIDE VILLAS SIGNAGE AREA
(Agreement/Zoning - Riverside Villas)
21
Instrument# 2007-022777 # 34
Book: 5998
Page: 1968
Diane H. Matousek
Volusia County, Clerk of Court
EXHIBIT I'D"
TREES
I COMMON NAME I BOTANICAL NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
(Agreement/Zoning - Riverside Villas)
22