14-2678 PUD Agreement - The Allegro at Casselberry

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14. Notices. Where notice is herein required to be given, it shall be by certified mail return receipt requested or by receipted overnight courier. Said notice shall be sent to the following, as applicable: DEVELOPER'S REPRESENTATIVE(S): Richard C. Miller, President Allegro Development Company 212 South Central Avenue, Suite 301 St. Louis, MO 63105 Telephone 314.512.8584 Email: rmiller@allegroliving.com With a copy to: Theresa Marie Kenney, Esq., B.C.S. Duss, Kenney, Safer, Hampton & Joos, P.A. 4348 Southpoint Boulevard, Suite 101 Jacksonville, Florida 32216 Telephone 904.543.4300 Email: tkenney@JAXFIRM.com CITY'S REPRESENTATIVES: James R. Newlon, City Manager City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 Should any party identified above change, it shall be said party's obligation to notify the remaining parties of the change in a fashion as is required for notices herein. 15. Term of this Agreement. In accordance with Section 163.3227(1)(b) Fla. Stat. and Section 4-18-5 of the Code, the City finds the Developer has presented reasonable cause to extend the duration of Site Plan beyond the standard twelve (12) month period due to the complexities involved in constructing this Development of Community Interest as defined by the Code. Accordingly, the Developer has twenty-four (24) months from the date hereof to obtain a building permit. In the event Developer fails to obtain a building permit for the Senior Project in accordance with the Approved Site Plan (as hereafter may be modified in accordance with this Agreement), the site plan approval evidenced by this Agreement shall expire. This Agreement shall terminate twenty (20) years from the Effective Date, provided that no such termination shall prohibit the continuing use of the Subject Property for the purposes set forth herein in accordance with the Approved Site Plan. 16. Captions: Capitalized Terms. The captions used herein are for convenience only and shall not be relied upon in construing this Agreement. Capitalized terms used in this Agreement shall have the meanings set forth herein. 17. Bindine Effect. This Agreement shall run with the land, shall be binding upon and inure to the benefit of the Developer and its assigns and successors in interest, and the City and its assigns and successors in interest. The Developer agrees to pay the cost of recording this document in the Public Records of Seminole County, Florida, and shall reimburse the City for the preparation of this Agreement in such amount to be determined by the City. This Agreement does not, and is not intended to, prevent or impede the City from exercising its legislative authority as the same may affect the Subject Property. Developer's Agreement The Allegro at Casselberry, L.L.C. DA - Page 6 of 10