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600-Placid Woods DEVELOPMENT AGREEMENT PLACID WOODS A SUBDIVISION DEVELOPMENT 1. Ovaher/Developer: (h-ion Real Estate and Development Company z CD 744 Highland Avenue r- Orlando, FL 32803 407/648-8541 ; 2. Authorized Agent: ~ Craig Rouhier : W.M. Sanderlin &Associates 715 Vassar St. ~ Orlando, Florida 32804 ~ 3. Orion Real Estate Development Company, hereinafter referred to as Developer, has ~ filed a final plat and finial construction plans for a subdivision to be known as Placid B Woods, on real property located in the City of Sanford, Florida, as described on ~ Exhibit 1 attached hereto and by this reference incorporated in this agreement (the ~ "Property"). ~ 4. The Developer is the owner or has the authority to obtain a developers agreement ~ with respect to the Property, in accordance with Florida Statutes. ~ 5. The proposed development consists of the following:. ~, 152 single family residential lots , 6. The application has been reviewed by: ~ * The City of Sanford Plans Review Committee ~ · The City of Sanford Planning and Zoning Commission (preliminary ~ subdivision plan) ~ 7. All public meetings required by the City of Sanford Land Development Regulations have been held. ~ 8. The development permitted by this development agreement is consistent with the ;~ City of Sanford Comprehensive Plan and other City land development regulations. AGREEMENT THEREFORE, it is hereby AGREED AND RESOLVED by the Mayor and City Commission of the City of Sanford, Florida that the Placid Woods subdivision Placid Woods Development Agreement, Dated February 6, 1996, Page I development is approved pursuant to the City of Sanford Land Development Regulations subject to the following terms and conditions: 1. The project shall be developed in accordance with the information, data, plans and commitments contained in ihe Placid Woods Preliminary Subdivision Plan, Construction (Improvement Plans), Final Plat and supplemental information tm~ss:~ ot.herwlse directed by the recommendations enumerated below. For the purl~s~e of this condition, the such plan~ and information shah consist of aH' formag~n submitted by the Developer to the City. 2. The project shall consist of no more than a total of 152 single family dweiling~on 30.37 acres. more or less. 3. If twenty five (25) single family dwdlings are not constructed within two (2) years of the effective date of the Development Agreement, then the Development Agreement shall expire unless extended by prior approval by the City. 4. Conditions and stipulations that apply to the Placid Woods project are as follows: a. Building Pad Elevation - The building pad/f'mished floor elevation shall be sixteen (16) inches above the center line of the road for all grading types except for lots adjacent to the lake for which the building pad/f'mished floor elevation shall be eighteen (18) inches above the one hundred (104}) year flood elevation. b. Drainage Pipe Costs - The Developer will pay the cost difference between the 24 inch and the 48 inch upgrade for the drainage pipe extension from Reservoir Lake to the abandoned ~ailroad right-of-way (See Exhibit "A", Drainage Pipe; Note: This pipe is not the smaller pipe to be con~tt-ucted by the Developer adjacent to the rear lot lines of lots 88 through 105.) The City reserves the right to conduct a separate bid for installation of the 48 inch upgrade. Should the Admiulslrafive Official determine that such bid is necessary, the Developer shall make specifications for the project avalloble to the City at no charge. This provision is intended to simpii~ the transfer of funds between the Developer and the City and provide for an end resalt whereby the Developer would meet the City reclaimed water tense requirement by providing sufficient funds to provide for reclaimed water reuse at Hovnanian Park while the City would fund costs for the additional drainage pipe capacity noted above; this provision assumes that the costs for both systems are basically the same. (Note: lhe City at its sole option may elect to devdop more cost effective reclaimed water reuse at another site rather than Hovnaulan Park.) d. Road to Hovn3nian P3rk - During Faase One the Developer shall provide a shell road base generally following the existing easement for access to the Hovnauian Park site starting at the nearest roadway stabout (See Exhibit A, Placid Woods Development Agreement, Dated Februa~3, 7, 1996, Page 2 Road to Park). Access to the Park shall be paved during Phase Two of the project. The Developer shah provide a barrier, approved by the City, to control access to the park site. ~ PrA'or to certificates of completion being issued, all required project improvements shall be constructed, operational and approved by t!~ Administrative Official of the City of Sanford. ~ f. The Developer will operate and maintain the drainage system until a proper~ owner's associalion is created and given the responsibility. Master starmwat~ detention areas will be platted as privately owned and maintained properi~ to be maintained by the owner/property owners association. r- 5. The Administrative OfficiaI is authorized to require the Developer to 0rovide a performance bond, letter of credit, or similar instrument, to be deposited with the City to secure the construction of new facilities that are required to be constructed as part of the Placid Woods development. Alternatively, the Administrative Official may determine that such construction may be a condition precedent to the issuance of any site development or building permits or other development permi~lons. In the event that the new public facilities are in place and operating at the time development permits are requested, no such performance bond or letter of credit shah be necessary unless such facilities are not adequate for the project. Unless otherwise prescribed herein, all require~nents of the City of Sanford Land Development Regulations shall be complied with. 6. Documentation of any and all required submissions. to or approvals from Seminole County; the State of Florida Department of Environmental Protection (DEP), the United State Army Corps of Engineers; the St. Johns River Water Management District; the United States Environmental Protection Agency; or any other departments with competent jurisdiction over any aspect of the proposed development shall be provided to the City. 7. In the event that development requirements are not satisfied, action in reliance on the development agreement or expenditures in pursuance of its terms, shall not vest any development rights in the Owner/Developer. Failure to perform as specified in the development agreement shall not constitute partial performance en~~ing the Owner or Developer to a continuation of the development agreement. 8. Period of Effectiveness This development agreement shall take effect after execution by the Mayor and the City Commission of the City of Sanford. The development order shall remain in effect for a period of 5 years, with the exception that ff development equal to twenty five (25) single family dwellings has not been constructed within two (2) years of issuance of the development agreement, then the development agreement shall expire unless extended by the City. The effectiveness of this development agreement may Placid Woods Developme~ Agreement, Dated February 6, 19¢J6, Page be extended upon a showing by the Developer that the completed portions and remaining portions of the development comply with the conditions of this development agreement. 9. Modifications to the Development Agreement The Developer shah submit to the City of Sanford any requests for approval of a proposed change to this Development Agreement. This submission shall be in a format established by the City and shah include as a minimum the precise 13nguage6~ which is proposed for deletion or addition to the development order and a statement; summarizing all previous changes tnat have been made to the developmen-t~ agreement. PASSE AND ADOPTt D this 0 ACCEPTED as to each and every term and Condition this ;~t~ ' ~y of ~ , A.D. 1996. ~/~ ~g Roffier ~on Real Es~te ~d ~elopment C~y Placid Woods Development Agreem6~, Dated Febnmry 6, 1996, Page 4 PAGE 0011 ~ ~ ( O0 9(30t] ~9Va }, 008 so~oaa~