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WHEREAS, the development permitted or proposed under this Agreement is consistent <br />with the City's Comprehensive Plan, concurrency management system, and all land development <br />regulations and this Agreement does not replace, supersede, or grant variances to those <br />regulations; and <br />WHEREAS, it is the purpose of this Agreement to clearly set forth the understanding <br />and agreement of the parties concerning the matters contained herein; and <br />WHEREAS, the Owner has sought the City's approval to develop the Subject Property, <br />and the City adopted Ordinance 21-1552, through rezoning the Subject Property to a planned <br />mixed-use (PMX-MID) district, as defined under the City's Unified Land Development <br />Regulations (ULDRs), on q-12, -2-/ . The PUD zoning ordinance shall consist of this <br />Agreement and its attachments, including an Exhibit "B", Concept Plan, attached hereto and by <br />this reference made a part hereof. The Concept Plan shall be subject to the covenants, <br />restrictions, and easements offered by the Owner and those that are contained herein. Where <br />more detailed criteria for City required submittals exceed the criteria required for a Concept <br />Plan, the more detailed criteria shall apply; and <br />WHEREAS, this Agreement is not a statutory development agreement under Fla. Stat. <br />163.3220, et seq., and Article III of the City's Unified Land Development Regulations, but is <br />authorized by the City's Home Rule Power, the City Charter, and other controlling laws, and the <br />City's police powers, and is required for a planned unit development. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements <br />contained herein, and other good and valuable consideration, the receipt and sufficiency of which <br />is hereby acknowledged, the parties hereto agree as follows: <br />1. Recitals and Definitions. The recitals herein contained are true and correct and <br />are incorporated herein by reference. All capitalized terms not otherwise defined herein shall be <br />as defined or described in the City's Unified Land Development Regulations as it may be <br />amended from time to time, unless otherwise indicated. <br />2. Ownership. The legal and equitable owners of the Subject Property are: B&D <br />Casselberry, LLC and their assigns. <br />3. Title Opinion/Certification/Authority to Sign. The Owner will provide to the <br />City, in advance of the City's execution and recordation of this Agreement, a title opinion from a <br />licensed attorney in the state of Florida, or a certification by an abstractor or title company <br />authorized to do business in the state of Florida, verifying marketable title to the Subject <br />Property to be in the name of the Owner and any and all liens, mortgages, and other <br />encumbrances. The Owner represents and warrants that it has the power and authority to enter <br />into and consummate the terms and conditions of this Agreement; that all acts, approvals, <br />procedures and similar matters required in order to authorize this Agreement have been taken, <br />obtained and followed; that this Agreement and the proposed performance of this Agreement is <br />not an ultra vires act; and that, upon execution of this Agreement, this Agreement will be valid <br />