23-1581 Amending the Official Zoning Designation for Property Located at 5803 S. US Hwy 17-92 and Approving PUD Agreement

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accordance with the ULDR and state and federal law. This may involve mitigation for habitat of threatened or endangered flora and fauna or for species identified for protection (i.e. tree preservation). This Agreement does not vest or exempt the Owner from any permitting and mitigation obligations needed to develop the Subject Property. 15. Property Maintenance. The City is not responsible for the enforcement of any agreements or deed restrictions entered into between property owners or occupiers of the Subject Property. If the Subject Property is not maintained following issuance of a Certificate of Occupancy, the City may utilize its Code Compliance services or take other action authorized by law or this Agreement. 16. Default. The Owner agrees to abide by the provisions of this Agreement, the City's Comprehensive Plan, the City's Code of Ordinances and ULDR, and all other laws, including but not limited to, the site plan regulations of the City as amended from time to time, which are incorporated herein by reference. Further, all required improvements, including landscaping, shall be continuously maintained by the Owner in accordance with the City's Code of Ordinances. The City may, without prejudice to any other legal or equitable right or remedy it may have, withhold permits, Certificates of Occupancy or plan/plat approvals to the Subject Property, should the Owner fail to comply with the terms of this Agreement. Should the Owner fail to undertake and complete its obligations as described in this Agreement to the City's specifications, then the City shall give the Owner thirty (30) days written notice to commence and ninety (90) days to complete said required obligation. Notice to the Owner and its successors in interest shall be deemed to have been given upon the mailing of notice to the address or addresses set forth in Paragraph 22, hereof. 17. Enforcement. If the Owner fails to complete the obligations in this Agreement, then the City, without further notice to the Owner may, without prejudice to any other rights or remedies it may have, place liens and take other enforcement action on the Subject Property. All existing lienholders and mortgagees, by their execution of the subordination or joinder documents, agree to subordinate their liens or mortgages to the City's said liens or assessments. The parties acknowledge that monetary damages for a breach of this Agreement would be inadequate to compensate the parties for the benefit of their bargain. Both parties may also seek specific performance of this Agreement and/or bring an action for damages in a court within Seminole County, Florida, if this Agreement is breached by either party. Violation of this Agreement shall be deemed a nuisance per se. In the event that enforcement of this Agreement by the City becomes necessary, and the City is successful in such enforcement, the Owner shall be responsible for the payment of all of the City's costs and expenses, including attorney fees, whether or not litigation is necessary and, if necessary, both at trial and on appeal. Such costs, expenses and fees shall also be a lien upon the Subject Property superior to all others. Should this Agreement require the payment of any monies to the City, the recording of this Agreement shall constitute a lien upon the Subject Property for said monies, until said are paid, in addition to such other obligations as this Agreement may impose upon the Subject Property and the Owner. Interest on unpaid overdue sums shall accrue at the rate of the lesser of eighteen percent (18%) compounded annually or at the maximum rate allowed by law. Additionally, the City has the right to utilize stop work orders as appropriate for violations. 18. Utility Easements. For any easement not established on a plat for the Subject Page 8 of 16