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2017-O-11 - Woodbridge Lakes PUD 05/09/2017 08:58 AM • Instrint# 2017-091388 # 1 Book : 7395 Page : 2958 ORDINANCE NO. 2017-0-11 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY R-4 (MULTI-FAMILY RESIDENTIAL) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR 30± ACRES OF CERTAIN REAL PROPERTY LOCATED SOUTH OF ROBERTS ROAD AND EAST OF INDIAN RIVER ELEMENTARY SCHOOL, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Don Simms, is the applicant on behalf of Woodbridge Lakes at Edgewater, L.C., owner of property located south of Roberts Road, east of Indian River Elementary School, within Volusia County, Florida. Subject property contains approximately 30±acres. 2. The applicant has submitted an application for a change in zoning classification from City R-4 (Multi-Family Residential) to City RPUD (Residential Planned Unit Development)for the property described herein. 3. On March 8, 2017, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public Struck-the passages are deleted. Underlined passages are added 1 2017-0-11 Instrument# 2017-09134 # 2 Book : 7395 Page : 2959 facilities. 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. 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 Edgewater, 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 City R-4 (Multi-Family Residential) to City RPUD (Residential Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto incorporated as Exhibit "B") for the property described in Exhibit"A". 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. Streek4lieug#passages are deleted. Underlined passages are added 2 2017-0-11 Instrusent# 2017-091388 # 3 Book : 7395 • Page : 2960 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 Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Blazi and Second by Councilwoman Power, the vote on first reading of this ordinance which was held on April 3,2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X _ Councilman Dan Blazi X Councilman Gary Conroy X Struckthough passages are deleted. Underlined passages are added 3 2017-0-11 Instrument/ 2017-091388 1 4 • Book : 7395 Page : 2961 After Motion to approve by a.- y" —1 +� ,_, and Second by �[�2,-�cr� � , the vote on second reading/public hearing of this ordinance which was held on l , 2017 was as follows: AYE NAY Mayor Mike Ignasiak N Councilwoman Christine Power Councilwoman Amy Vogt _ Councilman Dan Blazi N. Councilman Gary Conroy N. PASSED AND DULY ADOPTED this 1 day of , 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA . C.Ori,. "robin Matusick Mike Ignasiak V L.\ i`'ty\ClerlIParalegal Mayor � ..r For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this /Qt.., day legality by: Aaron R. Wolfe, Esquire of , 2017 under City Attorney Agenda Item . 8 !- . Doran,Sims,Wolfe &Ciocchetti Strsk-theugh-passages are deleted. Underlined passages are added 4 2017-0-II Instrument, 2017-091388 1 5 Book : 7395 Page : 2962 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. Lot 17 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 18 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 19 Edgewater Country Estates MB 11 PG247 PER OR 4341 PG 3731 PER OR 5552 PG 4650-4652 Containing 30±acres more or less and being in Volusia County, Florida. Struck eughpassages are deleted. Underlined passages are added 5 2017-0-1l Instrument# 2017-091388 it 6 • Book : 7395 Page : 2963 EXHIBIT"B" Instrument# 2017-091388 # 7 • Book : 7395 Page : 2964 THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater,FL 32132-0100 AFTER RECORDING RETURN TO: Robin L. Matusick,City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater,FL 32132-0100 For Recording Purposes Only PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT WOODBRIDGE LAKES AT EDGEWATER, L.0 THIS AGREEMENT is made and entered into this /At day of PrIfy , 2017 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, WOODBRIDGE LAKES AT EDGEWATER, L.C., a Florida limited liability company, whose address is 2825 Business Center Boulevard, Suite C-1, Melbourne, Florida 32940 (herein after referred to as "Landowner and/or 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± acres west of US Highway 1 and south of Roberts Road, 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 Woodbridge Lakes at Edgewater, L.C. Woodbridge Lakes at Edgewater RPUD Agreement 02-10-17 Instrument# 2017-091388 II 8 Book : 7395 Page : 2965 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The Landowner and/or Developer shall commence construction of Woodbridge Lakes at Edgewater as defined by the Master Plan, dated January 17, 2014 (Exhibit "B") within twenty-four (24) months of the effective date of this Agreement. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development of Woodbridge Lakes at Edgewater is to be developed in four phases consisting of 103 lots and commencement of development of phase one to take place within twenty-four (24) months of the effective date of this Agreement.. Development must also incorporate a preliminary plat which must be approved by the Planning and Zoning Board and City Council prior to commencement of any authorized work. Commencement of construction means to begin performing onsite modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC) as of the date of this Agreement. The Property shall be developed consistent with the Woodbridge Lakes at Woodbridge Lakes at Edgewater 2 RPI:D Agreement 02-10-17 Instruientt 2017-091388 # 9 • Book : 7395 • Page : 2966 Edgewater, L.C. Master Plan dated January 17, 2014 (Exhibit "B"). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. a. Average Lot Size Unit Count Woodbridge Lakes at Edgewater, L.C. shall not exceed a total of 103 single-family dwelling units. The 103 single-family lots are planned to be 50' x 115' or greater. Based on Final Subdivision Plan approval,the total number of units may vary but the maximum residential units allowed for Woodbridge Lakes at Edgewater, L.C. shall not exceed eight(8) gross dwelling units per total acreage or a total of 103 units. Phase 1 —25 units Phase II—27 units Phase III—25 units Phase IV—26 units No lot will exceed a maximum building coverage of 30% with a maximum impervious coverage of 60%per lot. Minimum Lot Size Area 5,750 square feet. Width—50-feet Depth— 115-feet b. Minimum House Square Footage The minimum gross house square footage shall be at least 1,200 square feet living area under air,with a minimum of a two car garage. Carports will not be permitted. Woodbridge Lakes at Edgewater 3 RPUD Agreement 02-10-17 Instrument# 2017-091388 # 10 Book : 7395 Page : 2967 c. Minimum Yard Size and Setbacks Front-20' Rear- 15' Side-5' Side Corner- 15' Maximum Height-35' Swimming Pools-Rear 5' from property line to pool deck edge -Side 5' from property line to pool deck edge d. Roads Roads within Woodbridge Lakes at Edgewater, L.C. will have a minimum right-of-way of fifty-feet (50') with twenty feet (20') of pavement and constructed pursuant to the City's Standard Details. Utilities shall be dedicated to the City of Edgewater. Said roads shall be dedicated to the public subsequent to final City inspection and by a final plat. e. Stormwater Management The retention pond(s) shall meet the requirements for the St. Johns River Water Management District and the City of Edgewater LDC. The pond(s) will be owned and maintained by the Homeowners Association of Woodbridge Lakes at Edgewater, Inc. The on-site 100-year flood elevation shall be established to the satisfaction of the City Engineer. f. Signage Signage will be located along the main entrance road not within the right-of-way of Roberts Road and shall meet the current city of Edgewater Land Development Code. All future responsibility of maintenance will be that of the Homeowners Association of Woodbridge Lakes at Edgewater, Inc. Woodbridge Lakes at Edgewater 4 RPUD Agreement 02-10-17 Instruient# 2017-091388 111 Book _ 7395 Page : 2968 g. Trees There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2-1/2" in diameter, measured 6" above the soil line and shall be of the variety allowed by the City of Edgewater. Landscaping for single family use shall comply with the current LDC. h. Entrance to Subdivision One (1) entrance, per master plan, shall be permitted for accessing the development from Roberts Road. i. Model Homes and Temporary Offices Lots 43 and 44 shall be designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a model home is under construction. Such temporary office shall only be permitted for an interim period not to exceed 60-days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: a) Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), if on-site hydrants are required to service the area where the proposed models will be constructed. b) Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. Woodbridge Lakes at Edgewater 5 RPUD Agreement 02-10-17 Instrument# 2017-091388 it 12 Book : 7395 Page : 2969 c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified to FDEP. d) Any Sales Center shall provide handicap accessible restrooms. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A certificate of completion issued as provided in the Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposes may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. The number of flags shall not exceed four (4) and shall be permitted on private/common property and prohibited in the right of way area and site triangle area as outlined in the Land Development Code, Section 21-38.03. 4. DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation and By-Laws for the HOA will be recorded in the public records of Volusia County at the time the Final Plat for Woodbridge Lakes at Edgewater is recorded. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Woodbridge Lakes at Edgewater, L.C. is Medium Density Residential with Conservation Overlay. The zoning designation for Woodbridge Lakes at Edgewater, L.C. shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. Woodbridge Lakes at Edgewater 6 RPUD Agreement 02-10-17 Instrument# 2017-091388 it 13 Book : 7395 Page : 2970 6. PUBLIC FACILITIES a. Landowner and/or Developer agrees to connect to and utilize the City's water distribution system. Landowner and/or Developer agrees to connect to the City's potable water system at nearest point of connection. All water main distribution system improvements will be installed by the Landowner and/or 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 time of platting. b. Landowner and/or 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 Landowner and/or Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. c. All utility services shall be underground. d. Off-site improvements are the Landowner and/or Developer's responsibility and shall be required at the time of Final Plat approval and City inspection approval and shall meet all City, County and/or State requirements and approval. e. Reservations fees for Water and Sewer based on 10% percentage deposit will be paid based on each phase development. All other applicable impact fees including balance of sewer and water reservation fees will be paid at time of building permit application by the individual builder. In the event of an increase in impact fees, the difference between the new impact fees and the deposit will be due with the building permit submittal. Reservation shall not be guaranteed if not utilized within thirty-six (36) months of the date of receipt of said fees. Woodbridge Lakes at Edgewater 7 RPUD Agreement 02-10-17 Instrument# 2017-091388 # 14 • • Book : 7395 Page _ 2971 f. Landowner and/or Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure improvements and the review and approval of the final plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or Developer and City Manager. g. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water, Sewer, Police, Fire, Recreation and Roads - Paid to City by applicant at the time of Building Permit application. Volusia County Impact fees for Roads and Schools(if deemed applicable by the Volusia County School District) - Paid 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. h. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. i. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. j. The Landowner and/or Developer, at the time of development shall provide all public facilities to support this project including the following: I. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed service Woodbridge Lakes at Edgewater 8 RPUD Agreement 02-10-17 Inst nmentt 2017-091388 1 15 Book : 7395 Page : 2972 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. 6. Landowner and/or Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 7. Bonds - A Performance Bond or other acceptable financial instrument, such as a Letter of Credit may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the city prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. 8. A Four-foot (4') public sidewalk to be installed by Landowner and/or Developer on all common areas within the development and an eight-foot (8) sidewalk along Roberts Road at the entire northern perimeter of the project property and four-foot (4') sidewalks to be installed by individual builders prior to issuance of Certificate of Occupancy by the City of Edgewater. Sidewalks along common areas shall be constructed and approved by the City prior to issuance of the first Certificate of Occupancy for the development. 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 9. Recreation facilities Woodbridge Lakes at Edgewater 9 RPUD Agreement 02-10-17 Instrument# 2017-091388 # 16 • Book : 7395 Page : 2973 Four (4) recreation areas will be provided to serve the residents. Any physical improvements to the open space recreational area will be the responsibility of the home owner's association Tract A—3.41±acres to include a lake and fishing dock Tract B—2.45± acres to include bird feeder, park bench and picnic table Tract C—2.86±acres to include bird feeders and picnic table Tract D - .97± acres to include lake and fishing dock 7. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. Woodbridge Lakes at Edgewater 10 RPUD Agreement 02-10-17 Instrument# 2017-0913;; it 17 Book : 7395 Page : 2974 8. DEDICATION OF LAND FOR PUBLIC PURPOSES The Landowner and/or Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances at plat dedication, all roadway right-of-way and utility easements as required. 9. PERMITS REQUIRED The Landowner and/or Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater- Rezoning, Subdivision Plat Approval, Subdivision Construction Plan Approval,all applicable clearing, removal, construction and building permit. 3. 100-year flood elevation for this site will be determined and approved by the City and FEMA. 10. DEVELOPMENT REQUIREMENTS The Landowner and/or Developer shall establish a mandatory Homeowners Association for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of stormwater areas within the common area tracts, as Woodbridge Lakes at Edgewater 11 RPUD Agreement 02-10-17 Instrument# 2017-091388 # 18 • Book : 7395 Page : 2975 depicted on the plat. Streetlights shall be installed by the Landowner and/or Developer prior to issuance of the Certificate of Occupancy on the first dwelling unit. Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Landowner and/or 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. 11. HEALTH SAFETY AND WELFARE REQUIREMENTS The Landowner and/or 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. 12. APPEAL If the Landowner and/or Developer is aggrieved by any City official interpreting the terms of this Agreement, the Landowner and/or 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. 13. 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. Woodbridge Lakes at Edgewater 12 RPUD Agreement 02-10-17 Instrt®ent11 2017-091388 119 Book : 7395 Page : 2976 14. BINDING AFFECT 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 Landowner and/or 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. 15. 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 Landowner and/or Developer. 16. 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 failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Landowner and/or Developer in writing of Landowner and/or Developer's failure to materially comply with the terms of this Agreement and Landowner and/or Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. Woodbridge Lakes at Edgewater 13 RPUD Agreement 02-10-17 Instrument# 2017-091388 # 20 • Book : 7395 Rage _ 2977 17. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 18. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 19. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 20. 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. 21. SPECIFIC PERFORMANCE Both the City and the Landowner and/or Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 22. 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 Woodbridge Lakes at Edgewater 14 g RPUD Agreement 02-10-17 Instrument# 2017-091388 # 21 • Book : 7395 Page : 2978 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. 23. 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. 24. 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. 25. 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. ATTEST: CITY COUNCIL OF THE r ,oT v '� • CITY OF EDGEWATER, FLORIDA By: //GiCI��G ,�C r�C Rolpir .. t atttsick, Michael Ignasiak, e'City C rk/P artilegal Mayor • int... W oddbrge Lakes at Edgewater 15 RPUD Agreement 02-10-17 Instrumentt 2017-091388 1 22 Book : 7395 Page : 2979 Witnessed by: WOODBRIDGE LAKES AT EDGE •'• ER LC, )a4, 1 Ida Cor ration 7 4 ,iijiJ2i. 1 , y IAL Iv Do d L. imms, ` anaging Partner tworp„-- STAT OF FLORJDA COUNTY OF t Xi VA R 0 • 13 The foregoing instrument was acknowledged before me on this`day of A 17 it 1 2017, by f OW 4. 9 4 ` Si AI ''`f f , who is ersonally known to nor has produced as identification and who did(did not) take an oath. Notary Public Stamp/Seal .,,'••;T = nut. DE4A0fittEe 1 :4:_i / m.tee : , T °so ,•:.AY'••'' DEANNA M REITER. a�intSC'- NotaryPudK-State of Florida • Commission i GG07`.vBvN My Comm.ExoiresFeo20.2C2; ?�a fit?. &Wed through lateral kaan Assn Woodbridge Lakes at Edgewater 16 RPUD Agreement 02-10-17 Instruaent# 2017-091388 it 23 Book : 7395 Page : 2980 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. Lot 17 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 18 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 19 Edgewater Country Estates MB 11 PG247 PER OR 4341 PG 3731 PER OR 5552 PG 4650-4652 Containing 30± acres more or less and being in Volusia County, Florida. Woodbridge Lakes at Edgewater 17 RPUD Agreement 02-10-17 t ast a Ngi el. O ,:, 2g a W k o W �� •:144:4: ' hL ! CJ A f' d & . o = W R Ilk It ,, L O c) ,0 '(7) / IP i. {� �-' O ro LL i ttl -__ v.:_________ 3' mn. ° � W — I I a o Q U ; a = _ W O I GI Z Ey' k I _ Q (!f yN; QC IO YM dd y/J 1 g LLJ or' In ... g. F___ E. W j $m = ;I: ice`i a 6112 I 8 a • I CO • on ul r------- Ci OI I I 8 3 Y a 1 — Q 1 ... i , . 4 — I si 8 } " * I , I- " , --'"-------•_._:_,.....________:--- ------- -__..." ; I 8 a / ,' -:......, Tr i A 4:1, .00 w z x. �/i''; dye g \ "< x j ui Q p. .. }Q3� -�•L7j` ' - I Q 1 . ..,,,, 4404,, im ,1 5 CP h_ =CI .0 Z Cf) t13 NI LID (.5 o O V Y 0 O J a m OE 0 m I- '--- -'1114V+Iimigimina' -. , it ..<5 Elan -2