2018-O-26 3!61201912:56:09 PM Instrument#2019045016 p1 Book:7664 Page:4695
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ORDINANCE NO.2018-0-26
AN ORDINANCE ESTABLISHING AN RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT)
AGREEMENT FOR 292.51 ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST AND WEST OF VOLCO
ROAD; WEST OF THE FEC RAILROAD, EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTM DATE, RECORDING
AND ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida,has made the following
determinations:
1. Glenn D. Storch is the applicant on behalf of Edgewater Preserve, LLC, owner of
property located east and west of Volco Road; west of the FEC Railroad within Volusia
County,Florida. Subject property contains approximately 292.51 acres.
000 2. The applicant has submitted an application to establish an RPUD (Residential
Planned Unit Development)Agreement for the property described herein.
3. On September 12,2018,the Local Planning Agency(Planning and Zoning Board)
considered the application for the RPUD Agreement.
4. The proposed RPUD Agreement is consistent with all elements of the Edgewater
Comprehensive Plan.
5. The proposed development is not contrary to the established land use pattern.
6. The proposed development will not adversely impact public facilities.
7. The proposed development 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.
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Ikao
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. ESTABLISHMENT OF AN RPUD (RESIDENTIAL PLANNED
UNIT DEVELOPMENT) AGREEMENT FOR CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA.
The RPUD Agreement for the property described in Exhibit`A" is hereby attached and hereto
incorporated as Exhibit`B".
PART B. 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are hereby superseded by this ordinance to the extent of such conflict.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 C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
60 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 D. 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 E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
O'Keefe,the vote on the first reading of this ordinance held on January 7,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
District 2 VACANT
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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After Motion to approve byLCY-a riif}atr•�e', �r�5ca )o with
Second by C+-tr+-r..pv�sys-r.�z r — the vote on the second
reading/public hearing of this ordinance held on March 4,2019,was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power _
District 2 VACANT
Councilwoman Megan O'Keefe "r
Councilman Gary T.Conroy N,
PASSED AND DULY ADOPTED this 4� day of March,2019.
ATTEST: CITY COUNCIL OF THE
CITX OF ED E R ^L DA
By
-j 1� bid Matusick Ike oto
u
- City-Odrk/Paralegal
Y
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 4a' d y of
legality by: Aaron R. Wolfe,Esquire March 2019 under Agenda Item No. g�.
City Attorney
Doran,Sim,Wolfe&Ciomhetti
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EXHIBIT"A"
LEGAL DESCRIPTION
U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EXCEPTING
THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE NORTH 660 FEET
AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY BE
CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOTS 3 AND 4, SECTION 14 TOWNSHIP 18 SOUTH,RANGE 34 EAST.
THAT PART OF SECTION 48,TOWNSHIP 18 SOUTH,RANGE 34 EAST,BEING PART OF
THE JANE MURRAY GRANT, LYING WESTERLY OF THE FLORIDA EAST COAST
RAILWAY, A 100 FOOT RIGHT OF WAY AND EXCEPTING THEREFROM VOLCO
ROAD RIGHT OF WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY,FLORIDA.
Containing 292.5+acres more or less and being in Volusia County,Florida
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EXHIBIT"B"
RESIDENTIAL PLANNED UNIT DEVELOPMENT(PUD)
AGREEMENT
to
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ho
PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
FOR EDGEWATER PRESERVE
<J4`1 fT-"c-h
THIS AGREEMENT is made and entered into this ;,;,a day of , 2019
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, EDGEWATER PRESERVE, LLC, a Florida limited liability
company,whose address is 1041 Ives Dairy Road, Suite 238,Miami, Florida 33140(herein after
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:
L LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 292.50± acres located on Volco
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
Edgewater Preserve,LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction of Edgewater Preserve as defined by the Master Plan,
dated September 13,2018 (Exhibit`B")within twenty-four(24)months of the effective date of
this Agreement. Edgewater Preserve shall be developed in eight (8) phases consisting of a
maximum of 774 residential units as shown on the Master Plan. Individual phases may be
Col developed and constructed simultaneously and/or in any order, however, final construction plan
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approval shall be required for each phase and the restrictions of this Agreement shall apply to
each phase of development. 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. The Agreement may be extended by mutual consent of the governing body and
the Developer, subject to a public hearing. 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 m 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
k from the site may be required. Final approval shall include, but not be limited to utilities,
�I 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). The Property shall be
developed consistent with the Master Plan. Final project approval may be subject to change
based upon final environmental, pemmitting, and planning considerations and/or Federal and
State regulatory agencies permit requirements.
a. Averaee Lot Size Unit Count
Edgewater Preserve shall not exceed a total of 774 dwelling units. The single family lots
are planned to be 5,000 square feet or greater. The townhome lots shall be individually
platted lots. Unit location and type and their configuration on the Conceptual Plan may be
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modified in accordance with the terms of this Agreement. Said townhome lot location,type,
and configuration shall be established at the time of preliminary plat upon approval by the
City. Further, individual phases may be developed as 55 and older communities. Single
family and townhome units shall be permitted in all residential phases; however,townhomes
shall not be permitted in Phase 8 as shown on the Master Plan and the total number of
townhome units for all phases shall be limited to 25%of the total number of units permitted
for the Property. Guest parking areas shall be provided as part of any tow thome
developments within Edgewater Preserve. Said guest parking areas shall be in addition to
those minimum parking spaces required by the City Land Development Code. One guest
parking space shall be required for every 10 constructed townhome units, which shall be
rounded up to the nearest whole parking space. Based on Final Subdivision Plan approval,
the total number of units may vary but the maximum residential units allowed for Edgewater
Preserve shall not exceed four(4)dwelling units per net acreage or a total of 774 units.
i. Phasine
Phase I 102 Lots Phase 11 72 Lots
Phase 111 103 Lots Phase IV 93 Lots
Phase V 85 Lots Phase VI 102 Lots
Phase VII 97 Lots Phase VRI 66 Lots
ii. Minimum Lot Size
Single Family Dwelline Units Townhome Dwelling Units
Area 5,000 SF Area 1,750 SF
Width 50-feet Width 20-feet
Depth 110-feet Depth 100-feet
Max Height 35-feet Max Height 35-feet
Max Impervious Max Impervious
Coverage 70% Coverage 80%
Max Building Max Building
Coverage 50% Coverage 60%
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A minimum of 20% of the total single-family lots permitted within Edgewater Preserve
shall be at least 60 feet in width and said 60-foot-wide lots shall make up at least 10"/ of each
phase of development. Lot width shall be measured along the innermost front and rear setback
lines to ensure compliance with the above requirement; however, under no circumstances shall
any lot frontage be less than 50 feet.
b. Minimum House Square Footage
The minimum gross house square footage for single family dwelling units shall be at least
1,200 square feet living area under air, with a minimum of a rwocar garage. Carports will not
be permitted.
The minimum gross house square footage for townhome units shall be at least 850 square
feet living area under air.
c. Minimum Yard Size and Setbacks
Single Family Dwelling Units Townhome Dwelling Units
Front 25-feel Front No Alley 20-feet
Alley 10-feet
Rear 15-feet Rear No Alley 10-feet
Alley 20-feet
Side 5-feet Side l0-feet
(no setback required between units)
Side Comer 10-feet Side Corner 10-feet
Swimming Pools Side and Rear 5-feet Swimming Pools n/a
to pool deck edge
d. Roads
Roads within Edgewater Preserve will have a minimum right-of-way of fifty-feet (501)
with twenty feet (20') of pavement with a two-foot (21) of Miami curb and gutter per side and
constructed pursuant to the City's Standard Details. Utilities shall be dedicated to the City of
Edgewater. Said roads within Edgewater Preserve shall be either. (1) dedicated to the public
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subsequent to final City inspection and by a final plat, or (2) be private gated roads as long as
construction meets the requirements and standards of the City LDC and dedicated to the
Edgewater Preserve Homeowners Association subsequent to final City inspection and by a final
plat. Private and public roads shall be identified as part of the preliminary plat submittal for each
phase. Parking shall be permitted only on one (1) side of each road within Edgewater Preserve,
and a covenant and restriction for same shall be included in the formation documents of
Edgewater Preserve Homeowners Association if said roads are dedicated to the Association. For
private roads, emergency access shall be provided by a "Click to Enter" system and a Knox®
override system or other method as approved by the City's Fire Marshal.
Golf carts shall be permitted within Edgewater Preserve. Golf carts are defined as a
motor vehicle designed and manufactured for operation on a golf course for sporting or
recreational purposes that is not capable of exceeding speeds of twenty (20) miles per hour. All
golf carts operating upon properly designated roads and streets shall meet all minimum
equipment standards established by Florida Statutes,as amended.
Developer shall provide a transportation impact analysis for each phase of development
included as part of a preliminary plat submittal for Edgewater Preserve, and the development
shall incorporate the improvements proposed in the approved transportation impact analysis.
e. Stotmwater Management
The retention and detention 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 Edgewater Preserve Homeowners Association (HOA). Developer shall
provide an outfall to a publicly owned or controlled drainage conveyance system and obtain an
off-site drainage easement if necessary. The on-site 100-year flood elevation shall be established
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to the satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be
provided per the requirements set forth in Article IV (Resource Protection Standards) of the
LDC,as may be amended from time to time.
f. Signage
Edgewater Preserve shall be permitted to have a maximum of five(5)entry signs;one(1)
at each of its external entrances on Voice Road. A maximum area for each entry sign, which
shall be calculated to include the outside edge of the cabinet or frame, shall be a maximum of
forty-eight (48) square feet for three (3) of the five (5) permitted signs and a maximum of
twenty-four (24) square feet for the remaining two (2) permitted signs. Developer shall
determine which three (3) signs will have the larger external sign face. The entry signs shall he
J ground/monument signs and shall not exceed eight (8) feet in height. Signage will be located
r along the main entrance road not within the right-of-way of Voice Road and shall meet the
current City LDC. All future responsibility of maintenance will be that of the Edgewater
Preserve Homeowners Association.
g. Trees. Landscaping and Irrigation
There shall be a minimum of four (4) trees per each singlo-family home building lot.
Trees shall be 2-1/2" in diameter, measured 6" above the soil line and shall he of the variety
allowed by the City of Edgewater. Landscaping for common areas and minimum tree
requirements for individual residential lots shall comply with the current LDC. Landscaping and
te9 P Y P g
irrigation for common areas shall comply with the current LDC. Developer shall provide a
twenty-foot (20') wide natural buffer along Volco Road, as shown on Exhibit `B", which shall
be owned and maintained by the HOA. Preservation areas depicted on the Master Plan may be
i utilized to meet said landscaping and tree requirements.
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Common areas and entrance medians will be irrigated by reclaimed water. All irrigation
must comply with all Volusia County Waterwise Landscaping and Irrigation Standards. Piping
for reclaimed water irrigation shall be installed by the Developer. Connection fees for reclaimed
water will he required at time of connection for each area to be irrigated based on the fee
resolution in affect, which may be amended from time to time. Monthly fees for common areas
will be charged to the HOA based on the fee resolution in affect, which may be amended from
time to time.
h. Entrance to Subdivision
Five (5)entrances,per the Master Plan, shall be permitted for accessing the development
from V olco Road.
i. Mailboxes
Developer agrees to request approval from the United States Postal Serve for the use of a
Centralized Mail Delivery System(s).
j. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten feet(10'), being five feet (5') on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City and any other public utility provider.
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 Agreement.
f
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k. Model Homes and Temporary Offices
Five(5)single family lots for each phase within Edgewater Preserve 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 120-days or unfit 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:
i. Provision for fire protection, including testing and approval of the water system by
` , the Florida Department of Environmental Protection (FDEP), if on-site hydrants ate
M required to service the area where the proposed models will be constructed.
ii. 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.
iii. Permanent utility connections cannot be made until the sanitary sewer system has
been completed and approved by FDEP. Temporary utilities, once inspected and
approved by the City, shall be permitted until permanent utility connections are
provided.
iv. 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 concems. A temporary Certificate of Occupancy issued as
provided in the Florida Building Code for model homes shall be secured to allow for limited use
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V
and occupancy of the structure as a model home/sales office. Upon conversion of the model
homes back to a single family dwelling, a new and permanent certificate of occupancy shall be
issued upon completion reflecting the single family dwelling classification.
Temporary, flags or insignias which read "model', 'open", 'open house" or any other
phrase which identifies property for real estate purposes may be displayed until such time as the
last lot is developed within the Development in the following locations and numbers:
L The maximum height of any temporary flags shall be eight feet (8)with a maximum
size of fifteen(15) square feet.
ii. 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.
iii. Each model home may have a ground-base sign, not exceeding 20 square feet with a
maximum height of eight(8)fee, indicating"Model Home".
iv. Each sales office may have a maximum of two (2)flags or signs not exceeding fifteen
(15) square feet each in area with a maximum height of eight (8) feet indicating
"Sales Center".
V. Temporary event signs shall be allowed on privatelcommon property within the
Development for special builder sale events, including but not limited to a"parade of
homes" or similar sales promotion. Such temporary signage shall be erected for no
more than 72 hours.A maximum of two special builder events shall be allowed in any
calendar quarter.
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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 Edgewater Preserve is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Edgewater Preserve is Low Density Residential with
Conservation Overlay and Conservation. The zoning designation for Edgewater Preserve is
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.
V 6. 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 nearest point of connection.All
water distribution systems shall be "looped" whenever possible in order to prevent future
stagnation of water supply. 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 time of platting or in accordance with the requirements
contained in the LDC 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
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City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the LDC as it related to performance bonds.
C. Developer agrees to connect to and utilize the City's reclaim water system.
Developer agrees to connect to the City's reclaimed water system at nearest point of connection.
All reclaimed water distribution systems shall be`looped"whenever possible in order to prevent
future stagnation of reclaimed water supply. All reclaimed 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 time of platting or in
accordance with the requirements contained in the LDC as it relates to performance bonds.
d. Developer agrees to provide, at no cost to the City, all required utility easements
(on and off-site)for drainage and utility services consistent with this provision.
C. All utility services shall be underground.
f. Off-site improvements are the 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.
g. Impact fees will be paid in accordance with the following schedule:
I. Water and Sewer Impact Fees. A 10% deposit will be paid prior to the
issuance of the Notice of Commencement for each phase, thereby reserving
capacity. Capacity reservation shall be based on capacity available on the date
of payment, but it shall not be guaranteed if not utilized within thirty-six(36)
months of the date fees paid. The balance of water and sewer impact fees will
be paid at time of building permit issuance for each dwelling unit at the rate in
effect at that time. 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
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permit submittal. The 10% deposit will be calculated on a dollar basis in the
event of an impact fee increase.
2. Police, Fire, Parks and Recreation, Road and Transportation Impact Fees and
Utility Connection Fees to be paid at the time of building permit issuance for
each dwelling unit. The amount of all required impact fees shall be at the
prevailing rate authorized at the time of payment of impact fees.
3. Volusia County Road and School Impact fees (if deemed applicable by the
Volusia County School District) - Paid to County by applicant with proof of
payment provided to the City 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.
1. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
j. Developer,at the time of development 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. Stomtwater collection/tmatment system,including outrall system.
4. Reclaimed Water Distribution System.
5. Irrigation water distribution system with associated irrigation wells.
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6. 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.
7. A four-foot (4') public sidewalk to be installed by the Developer on all
II
common areas within the development and four-foot (4') sidewalks to be
installed by individual builders prior to issuance of Cerliftcate 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 stated in the
current fee resolution per lineal foot for two(2)years. If sidewalks are not
completed within two (2) years of initial construction of each phase, the
Developer will install the remaining sidewalks.
8. Two (2) recreation areas, with a combined area of approximately 3.5
acres, and approximately 9,200± linear feet of walking trails, will be
provided to serve the residents as depicted on Exhibit `B" Master Plan,
with one recreation area to be completed prior to construction of the first
phase of development and second to be completed prior to construction of
the third phase of development. The recreational areas will include fields
and small playground and equipment for children. Recreation walking
trails and sightseeing docks shall be provided as depicted on the Master
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v
Plan as part of the construction for the phase that includes such
improvements. Recreational areas shall be deemed w common areas and
maintenance will be the responsibility of the home owner's association.
9. 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.
10. 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.
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 Cade and is compliant with all concurrency
requirements set forth in said documents.
S. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clew of all liens and encumbrances at plat dedication, all roadway right-of-way and utility
easements as required,
9. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1►t/
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460
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 - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
10. DEVELOPMENT REQUIREMENTS
The 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 be responsible for the streetlight requirements that result from
the project including payment to Florida Power and Light for installation, maintenance and
power consumption. Streetlights shall be installed at all entrances and intersections and shall
meet the requirements set forth in the LDC by the Developer prior to issuance of the Certificate
of Occupancy on the first dwelling unit The HOA shall also be responsible for the maintenance
of stormwater areas within the common area tracts,as depicted on the plat.
Failure of this Agreement to address a particular permit, condition, tens 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.
Edgewater Preserve is
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Instrument#2019045016#22 Book:7664 Page2716
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
infrastructure improvements, and the review and approval of the final plat related to the
development, including recording fees.
11. 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.
12. 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.
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
14. BINDING AFFECT
The provisions of this Agrcement, 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
4 _ and assigns and any person, firm, corporation, or entity who may become the successor in
Edgewater Preserve 16
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Instrument#2019045016#23 Book:7664 Page:4717
to
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 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 Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
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.
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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 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
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 bankmptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
60
Edgewater Preserve 18
RPUD Agreement 2018026
Instrument 92019045016#25 Book:7664 Page:4719
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 O TH
CIT OF EI W R, 'L MDA
I .
Robin L.Matusick, - hoe T as
City Clerk/Pamlegal
60
Fdgewater Preserve 19
RPUD Agreement 2018-426
Instrument#2019045016#26 Book:7664 Page:4720
Witnessed by: DEVELOPER
EDGEWATER PRESERVE,LLC
Ey
II
STATE OF FLORIDA
COUNTY
The fore a stmment as acknowled ed before me on this; da of 2019
),g 7 S g Y
by —S c who is personally know to me or
has produced as identification"Avho did(did not)take an oath.
Notary Public '.; _ unac swsanuu
Stamp/Seal _ Mr croiasnssiaveFrs;;wi
'� UPIPES'Dxember n 2019
�*.�.F.l aMnlnN ft'.arywue4lAan'm
Edgewater Preserve 20
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Instrument#2019045016#27 Book:7664 Page:4721
hao
EXHIBIT "A"
LEGAL DESCRIPTION
U.S. Lots 2, Section 14, Township 18 South, Range 34 East, excepting therefrom the east 330
feet of the west 660 feet of the north 660 feet and excepting therefrom the Volco Road Right of
Way as may be claimed by Volusia County,Florida.
i
i U.S. Lots 3 and 4, Section 14,Township 18 Sauth,Range 34 East.
That part of Section 48,Township 18 South, Range 34 East, being part of the Jane Murray Grant,
lying westerly of the Florida East Coast Railway, a 100 foot Right of Way. And excepting
therefrom Volco Road Right of Way as may be claimed by Volusia County, Florida.
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Edgewater Preserve 21
RPUD Agreement 2018-0-26
Instrument#2019045016#28 Book:7664 Page:4722 Laura E. Roth,Volusia County Clerk of Court
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