06-1652 Conceptual Plan Agreement with Unicorp National Developments, Inc.

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WHEREAS, UNICORP and the CITY are in voluntary agreement with the conditions, terms and restrictions hereinafter recited, and have agreed voluntarily to their imposition as an incident to the development of the Property. NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties agree as follows: 1. Sol, o[ Ci~ Prow Ny. The Ci<, ""'~ili. e Property to UNICORP pursuant to the Contract for Sale and Purchase dated . cJ ~ ,}eIll6, 2. Master Plan. The Project shall be developed pursuant to the Conceptual Master Plan and in accordance with the Development Data Table, both of which are attached hereto as Exhibit "B". Approval of the Master Plan is further subject to the following conditions: 2.1. Because of the conceptual nature of the Master Plan, the City agrees that the Community Development Director may recommend non-material revisions to the Master Plan to the City Manager for approval without further City Commission review. Examples of such non- material changes include minor relocation of building pads and minor changes to development intensities, provided no such change shall exceed the minimum and maximum requirements with respect to certain development criteria as set forth in the City Unified Land Development Regulations. However, it shall be at the discretion of the Community Development Director to determine that a change is not minor and must therefore go through the site plan amendment process. 2.2. Nothing herein shall waive or diminish UNICORP's obligation to comply with all other City laws, ordinances and regulations governing the development of the Project which are not inconsistent with the express terms of this Conceptual Plan Agreement. 2.3. Notwithstanding City approval of the Master Plan and Development Data Table, UNICORP acknowledges that development of the Project must nevertheless comply with applicable terms and conditions of the Community Development District Overlay Zoning Code (the CRD Urban Design Standards), and the Community Redevelopment Plan. 3. Stormwater Drainaf!e. UNICORP will construct on this site all stormwater drainage infrastructure and treatment facilities (hereinafter "Stormwater Infrastructure"), at its expense, to accommodate all stormwater discharge from this site, in accordance with plans approved by the St. Johns River Water Management District and the City of Casselberry. 3.1. The Stormwater Infrastructure shall include the required capacity for stormwater discharge from the abutting City-owned public rights of way and for the Triplet Lake Drive/Melody Lane re-alignment to be set forth in a subsequent agreement. All Stormwater Infrastructure will be owned and maintained by UNICORP or its successors in title or a Property Owners' Association to be established on the Property. The CITY will make a one-time payment of $400,000 to UNICORP for joint use of the Stormwater Infrastructure, representing stormwater design, construction costs for the joint use pond, permitting and construction management costs attributable to the run-off from the CITY's rights of way. UNICORP shall convey to the CITY all rights necessary to allow the CITY to discharge stormwater into the joint 2