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ORDINANCE NO.2020-0-12
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY A-3
(TRANSITIONAL AGRICULTURE) TO RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR
28.022t ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 2099 AIR PARK ROAD, 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
findings of fact and determinations:
I. Glenn D.Storch is the applicant on behalf of Phyllis E.May UCE Trust,owner of
property located at 2099 Air Park Road within Volusia County, Florida. Subject property
contains approximately 28.022d:acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit
Development)for the property described herein.
3. On June 10, 2020, 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 Concmrency 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 EDGE WATER,FLORIDA.
The zoning classification for the property described in Exhibit `A" is hereby changed from
Volusia County A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit Development),
pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto
incorporated as Exhibit`W).
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. 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
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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 Yaney,with Second by Councilwoman
Power,the vote on the first reading of this ordinance held on July 6,2020,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe EXCUSED
Councilman Gary T.Conroy X
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After Motion to approve by CCLe,n n.7%y=?s*r v/4zu� with
Second by � -e+J¢.9[.�r�.,.-.� >�, the vote on the second
reading/public hearing of this ordinance held on September 14,2020,was as follows:
AYE NAY
Mayor Mike Thomas _
Councilwoman Christine Power _
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T.Conroy �t
PASSED AND DULY ADOPTED this 14a day of September,2020.
ATTEST: CITY COUNCIL OF THE
�qy CITY EDG WA R O A
Robin hiatusick Mike ho as
City Clerk/Paralegal Ma o
For the use and reliance only by the City of Edgewater, Appmved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 10 day of Sepunbm, 2020
Amon R.Wolk,Esquire under Agenda Item No.8 �.
City Attorney
Domn,Sims,Wolfe,Ciomheui&
Yoon
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EXHIBIT"A"
LEGAL DESCRIPTION
Being that land described and recorded in Official Records Book 6261, Page 1574, Public
Records of Volusia County,Florida.
A portion of Lots 22, 23, and 24, Model Land Company's Subdivision, according to the plat
thereof as recorded in Map Book 5, Page 187,of the Public Records of Volusia County, Florida;
and a portion of the John Bolton Grant, Section 39,Township 18 South, Range 34 East all being
described as follows: Commence at the Northeast comer of Florida Shores Unit No. 15, a
subdivision according to the plat thereof recorded in Map Book 19, page 216, of the Public
Records of Volusia County, Florida, said point being marked by a 4"x 4" concrete monument
with an iron md;thence S68°48'12"W, along the Northerly line of said Florida Shores Unit No.
15, a distance of 437.80 feet for the point of Beginning; thence continue S68°48'12"W, along
said Northerly line of Florida Shores Unit No. 15 and its Westerly prolongation, a distance of
1509.41 feet to the existing Easterly Right of Way of Air Park Road, a 50 foot Right of Way as
now laid out;thence N23'27'56"W,along said Easterly Right of Way,a distance of 802.91 feet;
thence N68048'12"E,a distance of 1541.38 feet;thence S210 I0'59"E,a distance of 800.20 feet to
the Point of Beginning.
Containing 28.022t acres more or less and being in Volusia County,Florida
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Instrument#2020177425#6 Book:7913 Page:663 Laura E. Roth,Volusia County Clerk of Court
EXHIBIT"B"
RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD)
AGREEMENT
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PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
AIRPARK VILLAGE
THIS AGREEMENT is made and entered into this .L.1 ,day of r,— , 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, CAROL LEACH, AS TRUSTEE OF THE PHYLLIS E. MAY
[ICE TRUST UID 12/23/2002 (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, slid 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 23.022i acres located at Air Park
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 the
Phyllis E. May UCE Trust UID 12/23/2002.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (3,0) years and run with the land. The
Developer shall commence construction as defined by the Master Plan, dated June 3. 2020.
(Exhibit "B") within twenty-four (24) months of the effective date of this Agreement.
Developers failure to commence construction within the timeframe identified herein shall result
in the City's termination of this Agreement. The Agreement may be extended by mutual consent
of the governing body and the Developer, subject to a public hearing. Commencement of
construction means 10 begin perfornting onsite modification, fabrication. erection or installation
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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
Development of the Property shall not exceed I I I townhouse dwelling units.The number
of townhomes per building shown on the Master Plan may be reconfigured with more or less
townhome units per building,as the case may be, without amendment to this Agreement so long
as the maximum number of residential units stated above is not exceeded. .
b. Minimum House Square Footage
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.
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c. Minimum Building Setbacks
Front: 20 feet
Rear: 15 feet
Side: 10 feet;no setback required between townhome units
Building Separation: 20 feet
Maximum Height: 35 feet
Maximum Building Coverage: 60%
Maximum Impervious Coverage: 80%
Swimming Pools: n/a
d. Driveways
A minimum of 50%of all units within the development shall have a driveway width of
at least 18-feet.
e. Trees
Minimum Tree Protection Requirements within the current LDC shall be met;
Preservation Areas depicted on the Master Plan may be 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 Irrigation
A 40-foot landscape buffer,together with dry retention areas, shall be provided along the
southern property line; and 20-foot landscape buffers, together with dry retention areas,shall be
provided along the northern and eastern property lines, as depicted on the Master Plan. HOA
shall be responsible for maintenance of the landscape buffers and retention areas.
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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.
g. Roads
Roads within the project shall have a minimum rightof-way of fifty-fcet(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 wads shall be private roads as long as construction
meets the requirements and standards of the City LDC and dedicated to the project Homeowners
Association subsequent to final City inspection and by a final plat. Said private roads may be
gated, and in the event of gating, 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.
h. Entrance to Subdivision
Two (2) entrances, per Master Plan, shall be permitted for accessing the development
from Air Park Road. All access points shall be designed as a right turn only exiting the
development.
i. Sinning
a
Signage will be located along each main entrance road, not within the rightof-way, and
shall meet the current City LDC. All future maintenance responsibility will be that of the
Homeowners Association.
j. Mailboxes
Developer 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. Model Homes and Temporary Sales Offices
Two (2) buildings may be designated for use as potential model townhome units or
temporary sales office. A model townhome unit may be used as a sales office from the time the
plat is recorded until such time as the last unit is developed within the project. Temporary
structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary
sales once while a model townhome unit is under construction. Such temporary office shall
only be permitted for an interim period not to exceed 120-days or until completion of the first
model home, whichever occurs first. Model townhome unit 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 are
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 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 of the model hometsales
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office. Upon conversion of the model homes back to a living unit, a new and permanent
certificate of occupancy shall be issued upon completion reflecting the 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".
iv. Each sales office may have 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 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.
4. HOMEOWNERS ASSOCIATION
The Developer shall establish a mandatory Homeowners Association(HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The HOA
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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 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 is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
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 applicable to the development of the property and consistent
with the adopted Comprehensive Plan/Future Land Use Map.
6. PUBLIC FACILITIES
a. All utility services shall be underground.
b. 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.
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 facilities
are available concurrent with the impacts of the development.
e. Developer, at the time of development, shall provide all public facilities to support
this project including the following:
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i. Water Distribution System including fire hydrants. Developer agrees to
connect to and utilize the City's water distribution system at the nearest
point of connection. All water distribution systems shall be "looped"
wherever possible in order to prevent any 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 Land
Development Code as it relates to performance bonds.
ii. Sewage Collection and Transmission System. Developer agrees to connect
to and utilize the City's wastewater transmission and collection system.All
wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a
form acceptable to the City and dedicated to the City prior to or at the time
of platting.
iii. Stormwater collection/treatment system, including outfall system. 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 ponds) will be owned and maintained by the Homeowners
Association (HOA). Developer 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
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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.Developer agrees to connect to and
utilize the City's reclaimed water distribution system at the nearest point
of connection. All reclaimed water distribution improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a
form acceptable to the City and dedicated to the City prior to or at the time
of platting.
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 (FDOT) standards. Enhanced
special signage may be used if it meets FOOT standards and approved by
the City.
i. Sidewalks. A five-foot (5') public sidewalk to be installed by the
Developer on all common areas within the development, an eight-foot
(8') sidewalk shall be constrncted along Air Park Road at the entire
western perimeter of the project property,and five-foot(5')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
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as stated per the current fee resolution per lineal foot for two(2)years. If
sidewalks are not completed within two (2) years, the Developer will
install the remaining sidewalks.
ii. Recreation and Open Space. One (1) passive recreation area will be
provided to serve the residents m depicted on Exhibit"B" Master Plan.
The recreation area shall include a walking path, gazebo, sightseeing
dock area and parking as depicted on the Master Plan.One(I) recreation
area with pool and pool house will be provided to serve residents as
depicted on the Master Plan.A minimum of 25%of the property shall be
designed as open space as defined in the LOC. Ownership and
maintenance responsibility of all recreation/open space areas will be that
of the Homeowner's Association.
iii. Streetlights shall be installed by the Developer at all entrances and
intersections and shall meet the requirements set forth in the LDC prior
to 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.
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. Volusia County Road and School Impact fees shall be paid to the County by
applicant with proof of payment provided to the City prior to a Building
Certificate of Occupancy.
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8. BONDS
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.
A Performance Bond, or other acceptable financial instrument such as a Letter of Credit,
may be accepted by the City and shall be 1300/o 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 Developer will obtain required development permits or letters of exemption. Permits
may include but not he 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 - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
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infrastructure improvements, and the review and approval of the final plat related to the
development,including recording fees.
11.DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances at plat dedication, all utility easements as required. All
utilities shall be dedicated to the City of Edgewater. The Developer agrees to place the "Eagles
Nest Buffer" identified on the Master Plan into a conservation easement. Passive recreational
activities shall be permitted within said conservation easement so long that said activities are
consistent with federal,state,and local permitting.
12.DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City.Existing ordinances shall not be otherwise amended,modified,or waived
unless such modification,amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
13.HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, tents, restrictions or other
requirements determined to be necessary by the City for the public health,safety or welfare of its
citizens.
I&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
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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
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 and approved Site
Plan.
16.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 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.
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 Developer.
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 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
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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.
19.APPLICABLE LAW
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.AGREEMENVAMENDMENT
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 previsions 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
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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.
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, 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.
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IN WITNESS WHEREOF, the patties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST: CITY COUNCH.OF THE
KOEDGBW CE$ FLO
�- p)` -Robin L.Matusick, haCity ClerkMaralegal y9�
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Witnessed by: DEVELOPER
Phyllis E. May [ICE Trust UID
/ 12123/2002
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STATE OF FLORIDA
COUNTY OF
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Air,,k Village Plln Agreement 17
2020-0-12
Instrument#2020177429#1 B Book:7913 Page:885
EXHIBIT"A"
LEGAL DESCRIPTION
Being that land described and recorded in Official Records Book 6261, Page 1574, Public Records of
Volusia County,Florida
A portion of Lots 22, 23, and 24, Model Land Company's Subdivision,according to the plat thereof as
recorded in Map Book 5,Page 187,of the Public Records of Volusia County,Florida;and a portion of the
John Bolton Grant, Section 39, Township 18 South, Range 34 East all being described as follows:
Commence at the Northeast corner of Florida Shores Unit No. 15, a subdivision according to the plat
thereof recorded in Map Book 19,page 216,of the Public Records of Volusia County,Florida,said point
being marked by a 4" x 4" concrete monument with an iron rod; thence S68"48'12"W, along the
Northerly line of said Florida Shores Unit No. 15, a distance of 437.80 feet for the point of Beginning;
thence continue S68°48'12"W,along said Northerly line of Florida Shores Unit No. 15 and its Westerly
prolongation,a distance of 1509.41 feet to the existing Easterly Right of Way of Air Park Road,a 50 foot
Right of Way as now laid out; thence N23"2T56"W, along said Easterly Right of Way, a distance of
802.91 feet; thence N68"48'l2"E, a distance of 1541.39 feet; thence S21"10'59"E, a distance of 800.20
feet to the Point of Beginning.
Containing 28.02a acres more or less and being in Volusia County,Florida
Airpark Village PU D Agreement Is
2020-0-12
Instrument#2020177429#19 Book:7913 Page:886 Laura E. Roth,Volusia County Clerk of Court
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