14-2678 Planned Unit Development Agreement with Allegro

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MARYANNE MORSE, SEMI OLE CQMTY CLERK OF CIRCUIT COURT & CITR LLER K 08412 Pqs O _m 3241 (Z:6p s) Prepared bRECORDED 0211 M 101t42:11 P Theresa M.. Kenney, Esq. 4348 Southpoint Blvd., Ste 101 RECORDING FEES 222.52. Jacksonville, FL 32216 PLANNED UNIT DEVELOPMENT AGAA&V N D11are Return to: City Clerk City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the "Agreement") entered into and made as of the iz day of ,r`�cyeinbej- , 201 `4, by and between the CITY OF CASSELBERRY, FLORIDA (hereinafter referred to as the "City"), whose address is 95 Triplet Lake Drive, Casselberry, FL 32707, and THE ALLEGRO AT CASSELBERRY, L.L.C., a Florida limited liability company (hereinafter referred to as the "Developer"), whose address is 212 South Central Avenue, Suite 301, St. Louis, MO 63105. WITNESSETH WHEREAS, the Developer warrants that it holds a contractual right to acquire legal title to the property located northeasterly of the intersection of Howell Branch Road and Lake Ann Lane, in Casselberry, Seminole County, Florida and more particularly described on Exhibit A hereto (the "Subject Property") and that the holders of any and all liens and encumbrances affecting such property will subordinate their interests to this Agreement; and WHEREAS, the Developer is the authorized agent of the owner of the Subject Property; and WHEREAS, the Developer desires to facilitate the orderly development of the Subject Property, in compliance with the laws and regulations of the City and of other governmental authorities, and the Developer desires to ensure that its development is as compatible as possible with properties in the area and applicable laws; and WHEREAS, the Subject Property has had a MDR (Medium Density Residential) future land use designation and PRD (Planned Residential Zoning District) zoning since 1972, entitling the Subject Property to build a multi -family development with a maximum of 13 dwelling units per acre; and WHEREAS, Developer has requested the City's approval for the construction on the Subject Property of up to 85 dwelling units and 84 suites with kitchenettes only, as defined in this Agreement, containing up to 229 beds of senior living together with associated ancillary uses, including several communal kitchens, and site work (the "Senior Project") under Impact Review file number SPR -14-07 and Conditional Use application number CU -14-12; and WHEREAS, 85 dwelling units is in keeping with the PRD zoning code maximum of 13 dwelling units per acre and the 84 suites will not be "dwelling units," as defined in the City's Land Development Code (the "Code"); and WHEREAS, the City is inclined to grant approval for the Senior Project on the terms and conditions set forth herein and it being the purpose of this Agreement to clearly set forth the understanding and agreement of the parties concerning the proposed development of the Subject Property by Developer; and WHEREAS, the Developer will seek the City's approval for plans to develop the Subject Property, in accordance with the covenants, restrictions, and easements offered by the Developer and contained herein; and Developer's Agreement The Allegro at Casselberry, L.L.C. DA- Page 1 of 10