23-1582 PUD Agreement & Concept Plan for ICON Commons Established via Ordinance 21-1553

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WHEREAS, the Owner has clear title to the Subject Property and the Owner/Developer is currently under contract to purchase the Subject Property with authority from the Owner to enter into this Agreement, and both desire to substantially modify the existing PUD agreement, established by Ordinance No. 21-1553, as recorded in O.R. Book 10015, Page 1470, et seq., Public Records of Seminole County, Florida, by providing for the development of a drive-through coffee establishment; and WHEREAS, the Owner/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 Owner/Developer desires to ensure that its development is compatible with other properties in the area and planned traffic patterns; and WHEREAS, the development permitted or proposed under this Agreement is consistent with the City's Comprehensive Plan, concurrency management system, and all land development regulations and this Agreement does not replace, supersede, or grant variances to those regulations; and WHEREAS, it is the purpose of this Agreement to clearly set forth the understanding and agreement of the patties concerning the matters contained herein; and WHEREAS, the Owner/Developer has sought the City's approval to develop the Subject Property, and the City approved Ordinance 23-1582, through rezoning the Subject Property by amending the PUD agreement associated with the PMX-MID (Planned Mixed -Use: Medium Rise) zoning district, as defined under the City's Unified Land Development Regulations, on Ja.. n _ U , 2023. The PUD zoning ordinance shall consist of this Agreement and its attachments, including Exhibit "B," Concept Plan, attached hereto and by this reference made a part hereof. The Concept Plan shall be subject to the covenants, restrictions, and easements offered by the Owner/Developer and contained herein. Where more detailed criteria for City required submittals exceed the criteria required for a Concept Plan, the more detailed criteria shall apply; and WHEREAS, this Agreement is not a statutory development agreement under Fla. Stat. 163.3220, et seq., and Article III of the City's Unified Land Development Regulations, but is authorized by the City's Home Rule Power, the City Charter, and other controlling laws, and the City's police powers, and is required for a planned unit development. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals and Definitions. The recitals herein contained are true and correct and are incorporated herein by reference. All capitalized terms not otherwise defined herein shall be as defined or described in the City's Unified Land Development Regulations, as it may be amended from time to time, unless otherwise indicated.