2019-O-23 - Riverfront Estates RPUD 5/20/2020 2:51:58 PM Instrument#2020091295#1 Book:7854 Page:1374
ORDINANCE NO.2019-0-23
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY R-6W
(URBAN TWO-FAMILY RESIDENTIAL) TO RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR
28.54t ACRES OF CERTAIN REAL PROPERTY LOCATED
SOUTH OF JONES FISH CAMP ROAD, EDGEWATER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
THE CrrY 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
findings of fact and determinations:
1. Glenn D. Storch is the applicant on behalf of Martin J. Cassidy Estate, owner of
property located south of Jones Fish Camp Road within Volusia County, Florida. Subject
property contains approximately 28.543 acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County R-6W (Urban Two Family Residential)to RPUD (Residential Planned
Unit Development)for the property described herein.
3. On December 11,2019,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 relevant goals,
objectives and policies of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern and is compatible with existing and proposed uses in the adjacent area.
6. The proposed change in zoning classification will not adversely impact public
facilities and meets the Concurrency Management System requirements in Article XI of the
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Land Development Code.
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 property described in Exhibit "A" is hereby changed from
Volusia County R-6W (Urban Two Family Residential) to RPUD (Residential Planned Unit
Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and
hereto incorporated as Exhibit`B'j.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The GIS Technician is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABH.ITY 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
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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 Councilwoman Power for the ordinance and associated RPUD
Agreement(with caveat on saving oak trees)with second by Councilman Conroy,the vote on the
first reading of this ordinance on January 6,2020 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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During the April 6, 2020 Council Meeting under Item 5 - APPROVAL OR
CHANGES/MODIFICATIONS TO THE AGENDA, a Motion by Councilwoman Power with
Second by Councilwoman Yaney was made to continue this second reading/public hearing to a
date and time certain of May 4, 2020 at 6:00 pm Items 8a through 8c relating to this subject
property. The vote on the second wading/public hearing of this ordinance on April 6,2020 was as
follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X _
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve with stipulation that the Agreement must keep its natural shoreline,
by Vice Mayor Conroy and second by Councilwoman Yaney,the vote on the second
reading/public hearing of this ordinance on May 4,2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Vice Mayor Gary Conroy
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�jA
PASSED AND DULY ADOPTED this—day of f ,2020.
ATTEST: CITY COUNCIL OF THE
CITY OF EDG W ER,FL RIDA
By
Robin Matnsick
City Clerk/Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Cc Aof the City of Edgewater
Florida Approved as to form and legality by: at a meeting held on this day off,
Aaron R.Wolfe,Esquire 2020 under Agenda Item No.8 C1.
City Attorney
Doran,Sims,Wolfe,Ciomhetti @.
Ycon
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EXHIBIT"A„
LEGAL DESCRIPTION
Lot 21, Riverfront Estates,Unit No. 2,according to Map in Map Book 19,Page 31,of the Public
Records of Volusia County,Florida
And
The South 231 feet of the Northerly 250 feet and Northerly 221.2 feet of the Southerly 381.2
feet, all being in Lot 15, C.E. McHardy Grant, per Map recorded in Map Book 3, Page 152, of
the Public Records of Volusia County, Florida. Lots 19, 20, 22, 23, 24, 29, 30, 30, 34: the
Easterly 216.3 feet of the Southerly 119.3 feet except of Easterly 216.3 feet thereof of Lot 18,
Lot 37 except the Southerly 160 feet as measured on the West line of said Lot 37; and Lot 38
except the Southerly 45.6 feet as measured along the East line of said Lot 38: all being in River
Front Estates, Unit 2, per Map in Map Book 19, Page 31, of the Public Records of Volusia
County,Florida.
Containing 28.54t acres mom or less and being in Volusia County,Florida
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EXHIBIT`B"
RESIDENTIAL PLANNED UNIT DEVELOPMENT(SPUD)
AGREEMENT
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PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
RIVERFRONT ESTATES
TEES AGREEMENT is made and entered into this _day of , 2020
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, Donna J. Madgar, individually(herein after referred to as "Owner").
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 28.54f acres located at Jones Fish
Camp 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 subj ect property is
Donna J.Madgar..
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty(30)years and run with the land.The terms
of this Agreement shall only apply in the event the Owner, or its successors and/or assigns,
develops the Property.In the event Owner commences development ofthe property,construction
as defined by the Master Plan, dated October 23, 201% (Exhibit'B") shall commence within
twenty-four(24) months of the effective date of this Agreement. If Owner shall not commence
development of the property within such twenty-four(24) month period, this Agreement shall
lapse and the parties shall be released from all furtherobligation.The Agreement maybe extended
by mutual consent of the governing body and the Owner, subject to a public hearing
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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). 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. Unit Count
Based on Final Subdivision Plan approval,the total number of units may vary, but the
maximum residential units permitted shall not exceed eight(8)dwelling units per net acre or 140
dwelling units.The Master Plan depicts 92 total lots with 125 units,which is made up of 59 single-
family lots and a combination of 33 duplex and townhome lots. The Master Plan may be
reconfigured to permit additional duplex and/or townhome lots and/or units,as the case may be,
without amendmentto this Agreement so long as the maximum number of residential units stated
above is not exceeded,and the total number of single-family residential lots does not fall below
50.Notwithstandingthe foregoing,the location,type and configuration of all lots and units must
be established prior to preliminary plat approval by the City.
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b. Minimum Lot Size
Duplex Sinele-Family Residential
Area: 8,625 square feet. Area: 5,750 square feet.
Width: 65 feet Width: 50 feet
Depth: 115 feet Depth: 115 feet
Max Height: 35 feet Max Height: 35 feet
Townhomes
Area: n/a
Width: n/a
Depth: n/a
Max Height: 35-feet
c. Minimum House Square Foote e
The minimum gross house square footage for single-family units shall be at least 1,200
square feet living area under air,with a minimum of a two-car garage.The minimum gross house
square footage for duplex units shall be at least 1,000 square feet living area under air, with a
minimum of a one-car garage.The minimum gross house square footage for townhome units shall
be at least 900 square feet living area under air,with a minimum one-car garage.Carports will not
be permitted for any units.
d. Minimum Yard Size and Setbacks
Single-Family and Duplex Units
Front: 25 feet
20 feet for Waterfront Lots
Rear: 15 feet
Side: 5 feet
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Side Comer: 5 feet
Max Height: 35 feet
Max Building Coverage: 50%
Max Impervious Coverage: 70%
Swimming Pools: Rear 5 feet from property line to pool deck edge
Side 5feet from property line to pool deck edge
Towuhome Dwelling Units
Front: 25 feet
Rear: 15 feet
Side: 7.5 feet;no setback required between townhome units
Side Corner: 10 feet;no setback required between townhome units
Maximum Height: 35 feet
Maximum Building Coverage: 60%
Maximum Impervious Coverage: 80%
Swimming Pools: n/a
e. Trees
Minimum Tree Protection Requirements within the current LDC shall be met;Preservation
Areas depicted on the Master Plan maybe utilized to meet said requirements.Minimum number
and type of trees for each residential building lot shall meet the requirements of the current LDC.
f. Landscaping and lrrieation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC.
Common areas and the entrance area shall be irrigated.All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
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The Owner shall maintain a minimum of 35 percent open space within the property
boundaries,landscaped with existing native vegetation which is indigenous to this area or planted
native species, in accordance with a list of acceptable species available in the Volusia County
zoning office.
g. Roads
Roads within Riverfront Estates will have a minimum right-of-way of fifty-feet(50'),
including twenty feet(20')of pavement with a two(2)foot Miami curb and gutter per side and
constructed pursuant to the City's Standard Details. Said roads shall be dedicated to the public
subsequent to final City inspection and by a final plat.The public road known as"Jones Fish Camp
Road"shall not be renamed by Owner.
h. Entrance to Subdivision -
Two(2)entrances,per Master Plan,shall be permitted for accessing the development from
Jones Fish Camp Road.
i. Signage
Signage will be located along each main entrance road,not within the right-of-way,and
shall meet the current City LDC. All future maintenance responsibility will be that of the
Homeowners Association.
j. Mailboxes
Owner agrees to request approval from the Unites States Postal Service for the use of a
Centralized Mail Delivery System(s)with lighted pull off area.
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k. Air Conditionine
All lots less than sixty feet(60')in width shall have air conditioning units and pads located
adjacent to the neighboring garage or located behind each house/dwelling unit.
I. 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.
Owner agrees to provide,at no cost to the City,all required utility easements(on and off-
site)for drainage and utility service consistent withthis Agreement.
in. Model Homes and Temporary Sales Offices
Three(3)lots may 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 permittedfor an interim period
not to exceed 120-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:
i. Provisionfer fireprotection,includingtesting and approval ofthewater 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.
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h. Construction of access roads tothe 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 potable water and sanitary
sewer system has been completed and certified to 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 concerns. A Certificate of Completion issued as provided in the Florida
Building Code shall be deemed to authorize limited occupancy ofthe 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 thesingle 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:
i. 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 temporary 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-based sign,not exceeding 20 square feet with a
maximum height of eight(8)feet,indicating"Model Home".
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iv. Each sales office may have a maximum of two(2) Bags 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 private/common 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.
n. Gopher Tortoises shall be relocated in accordance with all local government and State
regulations and the Owner shall provide the City with a completed gopher tortoise survey prior to
the issuance of a clearing permit for the Property.
o. The Property shoreline shall remain in its unimproved, natural state and no vertical
seawalls and bulkheads shall be permitted.
4. HOMEOWNERS ASSOCIATION
The Owner shall establish a mandatory Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions,and said documents
shall include a prohibition against short term rentals.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 Declarationof Covenants,Conditionsand 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 is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
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The Future Land Use designation is Medium Density Residential with Conservation Overlay
and the zoning designation 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 applicableto the development of the property and consistentwith
the adopted Comprehensive Plan/Future land Use Map.
6. PUBLIC FACILITIES
a. All utility services shall be underground.
b. Off-site improvements are the Owner'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.
c. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal,state,and local standards.
d. A concurrency review shall be conducted to ensure that all required public facilitiesare
available concurrent with the impacts ofthe development.
e. Owner, at the time of development,shall provide all public facilities to support this
project includingthe following:
i. Water Distribution System including fire hydrants.Owner agreesto connect
to and utilizethe City's water distribution system.Owner agrees to connect
to the City's potable water system at nearest point of connection. All water
distribution systems shall be"looped"wherever possible in orderto prevent
any future stagnation of water supply. All water main distribution system
improvements will be installed by the Owner and conveyed to the City by
Bill of Sale in a form acceptable to the City and dedicated to the City prim
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to or at time of platting or in accordance with the requirements contained
in the Land Development Code as it relates to performance bonds.
ii. Sewaae Collection and Transmission System.Owner 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 Owner 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.
iii. Stormwater collection/treatment system, including outfall system. The
retentionand detention pond(s)shall meet the requirements forthe St.Johns
River Water Management District and the City of Edgewater LOC. The
pond(s) will be owned and maintained by the Homeowners Association
(HOA). Owner is required to provide an outfall to a publicly owned or
controlled drainage conveyance system, and obtain an off-site drainage
easement space if necessary.The on-site 100-year flood elevation shall be
established to the satisfaction of the Flood Plain Manager or FEMA.
Compensatory Storage shall be provided for per the requirements set forth
in Article IV (Resource Protection Standards) of the LDC, as may be
amended from time to time.
iv. Reclaimed Water Distribution System. The City has determined that
reclaimed water may be available in the foreseeable future.Therefore,the
Owner shall install a central reclaimed water irrigation distribution system
constructed to City standards and convey to the City by Bill of Sale in a
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form acceptable to the City and dedicated to the City prior to or at the time
of platting. Water will be provided initially by onsite irrigation wells,
potablewater,or surface water withdrawal until reclaimed water is available
to the Development and all irrigation systems shall be approved by all
applicable regulatory agencies. Once reclaim is provided to the area the
development must covert irrigation systems to the reclaim water system
within 180 days of availability.
v. 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(FOOT) standards. Enhanced
special signage may be used if it meets FOOT standards and approved by
the City.
vi. Sidewalks.A fo r-faot(4')public sidewalk to be installedby the Owner on
all common areas within the development 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.Owner shall provide a bond
or surety in a form acceptable to the City in the amount as stated per the
current fee resolution per lineal foot for two(2)years.If sidewalks are not
completed within two (2) years, the Owner will install the remaining
sidewalks.
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vii. Recreation and Open Space.One(1)recreationarea totaling approximately
0.89 acres will be provided to serve the residents as depicted on Exhibit"B"
Master Plan. The recreation area shall include a gazebo, dock area and
parking as depicted on the Master Plan.The dock area shall be limited to
sightseeing only and no boats or vessels propelled on water shall be
permitted to util ize sane. Ownership and maintenance responsibility of all
recreation/open space areas will be that of the Homeowner's Association.
viii. Streetlights shall be installed bythe Owner at all entrances and intersections
and shall meet the requirements set forth in the LDC priorto issuance of the
Certificate of Occupancy on the first dwelling unit. The HOA will be
responsible for the streetlights;including payment to Florida Power and
Light for maintenance and power consumption.
ix. The Owner shall place fencing along the common property boundary of the
Project with Parcel No. 8538-01-00-0060.
7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. Impact Fees shall be paid at the time of building permit issuance for each dwelling
unit at the rate in effect at that time.
b. Volusis County Road and School Impact fees(if deemed appl icable by the Volusia
County School District) - Paid to County by applicant with proof of payment
provided to the City priorto a Building Certificateof Occupancy.
8. BONDS
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A Maintenance Bond equal to 10%of the cost of the infrastructure improvements shal I 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.
A Performance Bond, or other acceptable financial instrument such as a Letter of Credit,
may be accepted by the City and shall be 130% of the costs of all remaining required
improvements.
9. 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.
10.PERMITS REQUIRED
The Owner will obtain required development permits or letters of exemption. Permits may
include but not be limitedto the following:
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and W ildlifeConservation Commission.
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal,construction and building
permits.
Owner 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
recordingfees.
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11.DEDICATION OF LAND FOR PUBLIC PURPOSES
The Owner shall convey to the City,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.All utilities shall be dedicated to the City of Edgewater.
12.DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit,condition,term or restriction
shall not relieve the Owner 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.
13.HEALTH SAFETY AND WELFARE REQUIREMENTS
The Owner 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.
14.APPEAL
If the Owner is aggrieved by any City official interpreting the terms ofthis Agreement,the
Owner shall file a written appeal to the City Manager.After receivingthe 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.
15.PERFORMANCE GUARANTEES
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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 inconsistentwith,or contrary to,this Agreement.
16.BINDING AFFECT
The provisionsof this Agreement,including any and all supplementing amendments,and
all final site plans,shal I bind and inure to the benefit of the Owner or its successors in interest and
assigns and any person,firm,corporation,or entity who may become the successor in interest m
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.
17.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 Owner.
18,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 ofthis Agreement.If the City finds on the basis ofcompetent 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 Owner in writing of Owner's failure to materially comply
with the terms of this Agreement and Owner fails to cure such breach after receiving written notice
and a reasonableopportunity to cure such breach from the City.
19.APPLICABLE LAW
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This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20.TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21.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.
22.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.
23.SPECIFIC PERFORMANCE
Both the City and the Owner shall have the rightto enforce the terms and conditions of this
Agreement by an action for specific performance.
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24.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.
25.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.
26. 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.
27.SEVERABILITY
If any sentence,phrase,paragraph,provisioner portion ofthis Agreement is forany reason
held invalid or unconstitutional by any court of the competentjurisdiction,such portion shall be
deemed a separate,distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
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Instrument#202 0091 2 95#25 Book:7854 Page:1398
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
(�\CITF,MDGEV A7
BP
Robin L. Matusick, ichaelTh ,
City Clerk/Paralegal Mayor
Riverfront Estates 18
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Instrument#2020091295#26 Book:7854 Page:1399
Witnessed by: OWNER
onna . Madgar
BARYA .KPASNoV�' '—
GBEGORYGMMAN Printed Name,Title
STATE OF FLORIDA
COUNTY OF VOLUSIA
Subscribed and sworn before me this l ( day of Yl'1 wy . 2020 by means of
.El physical presence or O online notarization, and who is M personally known to me or ❑
produced the following identification
SEAL
NOTARY PUBL C -�
_ BFRBANAJ.KFFSNOVE
` MYC0MMISeN)NPGG 134293
EIIPIREa:ecbber17.ID21
'i!� .ad: BurW lliry N0Ve PUEIk IYkBIM11tl0
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Instrument#2020091295#27 Book:7854 Page:1400
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 21,Riverfront Estates,Unit No. 2,according to Map in Map Book 19, Page 31,of the Public
Records of Volusia County,Florida.
And
The South 231 feet of the Northerly 250 feet and Northerly 221.2 feet of the Southerly 381.2 feet,
all being in Lot 15,C.E.McHardy Grant,per Map recorded in Map Book 3,Page 152,of the Public
Records of Volusia County,Florida.Lots 19,20,22,23,24,29,30,33,34:the Easterly 216.3 feet
of the Southerly 119.3 feet of Lot 18, except of Easterly 216.3 feet thereof,Lot 37 except the
Southerly 160 feet as measured on the West line of said Lot 37;and Lot 38 except the Southerly
45.6 feet as measured along the East line of said Lot 38: all being in River Front Estates,Unit 2,
per Map in Map Book 19,Page 31,of the Public Records of Volusia County,Florida.
AND
Lot 21, Riverfront Estates, Unit 2, per Map in Map Book 19, Page 31, of the Public Records of
Volusia County, Florida.
Containing 28.54t acres more or less and being in Volusia County,Florida
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Instrument#2020091295#28 Book:7854 Page:14O1
EXHIBIT^B"
}} MASTER PLAN
A. RIVERFRONT ESTATES
SUBDIVISION
1
Rive mnt EAntm 21
RPUDA9�ent(2010.O-21)
Instrument#2020091295#29 Book:7854 Page:1402 Laura E. Roth,Vol usia County Clerk of Court
�i RIVERFRONT ESTATES
SUBDIVISION M.
w�cemvwAvxo � I I.,�_-
tr
�1
n
—
2
Rivvfi to aW 22
RPUD Agmemmt(2013P2))