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NARYAMIE )lQitRE, SEMINXE COUNTY <br />CLERK OF CIRCUIT COURT & COMPTROLLER <br />Bit $8412 Pgs SM - 3241 (26p9%) <br />CLERK'S Ii 2015014740 <br />Prepared by: <br />Theresa M. Kenney, Esq. RECORDED 62/11/E915 81 i4R1i 11 pN <br />4348 Southpoint Blvd., Ste 101 RECORDING FEES M.36 <br />Jacksonville, FL 32216 PLANNED UNIT DEVELOPMENT AG1'1%W1y "'Varig <br />Return to: <br />City Clerk <br />> City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the "Agreement") entered into and <br />made as of the 04A day of N QUunl2t C 201_!j, by and between the CITY OF <br />CASSELBERRY, FLORIDA (hereinafter referred to as the "City"), whose address is 95 Triplet Lake <br />Drive, Casselberry, FL 32707, and THE ALLEGRO AT CASSELBERRY, L.L.C., a Florida limited <br />liability company (hereinafter referred to as the "Developer"), whose address is 212 South Central <br />Avenue, Suite 301, St. Louis, MO 63105. <br />WITNESSETH <br />WHEREAS, the Developer warrants that it holds a contractual right to acquire legal title to the <br />property located northeasterly of the intersection of Howell Branch Road and Lake Ann Lane, in <br />Casselberry, Seminole County, Florida and more particularly described on Exhibit A hereto (the "Subject <br />Property") and that the holders of any and all liens and encumbrances affecting such property will <br />subordinate their interests to this Agreement; and <br />WHEREAS, the Developer is the authorized agent of the owner of the Subject Property; and <br />WHEREAS, the Developer desires to facilitate the orderly development of the Subject Property, <br />in compliance with the laws and regulations of the City and of other governmental authorities, and the <br />Developer desires to ensure that its development is as compatible as possible with properties in the area <br />and applicable laws; and <br />WHEREAS, the Subject Property has had a MDR (Medium Density Residential) future land use <br />designation and PRD (Planned Residential Zoning District) zoning since 1972, entitling the Subject <br />Property to build a multi -family development with a maximum of 13 dwelling units per acre; and <br />WHEREAS, Developer has requested the City's approval for the construction on the Subject <br />Property of up to 85 dwelling units and 84 suites with kitchenettes only, as defined in this Agreement, <br />containing up to 229 beds of senior living together with associated ancillary uses, including several <br />communal kitchens, and site work (the "Senior Project") under Impact Review file number SPR -14-07 <br />and Conditional Use application number CU -14-12; and <br />WHEREAS, 85 dwelling units is in keeping with the PRD zoning code maximum of 13 dwelling <br />units per acre and the 84 suites will not be "dwelling units," as defined in the City's Land Development <br />Code (the "Code"); and <br />WHEREAS, the City is inclined to grant approval for the Senior Project on the terms and <br />conditions set forth herein and it being the purpose of this Agreement to clearly set forth the <br />understanding and agreement of the parties concerning the proposed development of the Subject Property <br />by Developer; and <br />WHEREAS, the Developer will seek the City's approval for plans to develop the Subject <br />Property, in accordance with the covenants, restrictions, and easements offered by the Developer and <br />contained herein; and <br />Developer's Agreement <br />The Allegro at Casselberry, L.L.C. <br />DA- Page 1 of 10 <br />If-- • -- I • �l • R <br />