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2. Ownership. The legal and equitable owners of the Subject Property are: Quiet <br />River Invest LLC and its assigns. <br />3. Title Opinion/Certification/Authority to Sign. The Owner/Developer will <br />provide to the City, in advance of the City's execution and recordation of this Agreement, a title <br />opinion from a licensed attorney in the state of Florida, or a certification by an abstractor or title <br />company authorized to do business in the state of Florida, verifying marketable title to the Subject <br />Property to be in the name of the Owner and any and all liens, mortgages, and other encumbrances. <br />The Owner/Developer represents and warrants that it has the power and authority to enter into and <br />consummate the terms and conditions of this Agreement; that all acts, approvals, procedures, and <br />similar matters required in order to authorize this Agreement have been taken, obtained, and <br />followed; that this Agreement and the proposed performance of this Agreement is not an ultra vires <br />act; and that, upon execution of this Agreement, this Agreement will be valid and binding upon <br />the parties and their successors. <br />4. Duration. This Agreement is binding and runs with the land in perpetuity, unless <br />amended. If development is not completed in accordance with this Agreement and applicable law <br />within 24 months from the Effective Date, this Agreement will be null and void and the City will <br />not be precluded or estopped from redesignating or rezoning all or any portion of the Subject <br />Property. The Owner/Developer may request an extension of this Agreement through a request to <br />City Commission after review and recommendation by the Planning and Zoning Commission. <br />5. Development of the Subject Property. Development of the Subject Property as <br />set forth in Exhibit B is approved and shall be subject to performance standards listed in this <br />Agreement. Where a land use listed below differs from a defined use in the City of Casselberry's <br />Code of Ordinances, the use listed in this Agreement shall prevail. <br />A. Comprehensive Plan Objectives and Policies specific to this Subject Property: <br />1. Objective FLU 1, Policy FLU 1. 15, Policy FLU 1.22, Objective FLU 2, Policy, HC <br />2.1 A, Policy HC 2.1 C. <br />B. Permitted principal uses allowable on the Subject Property: <br />1. Administrative services (public and not-for-profit), amusement (enclosed), <br />business and professional offices, including banks and financial institutions, <br />commercial kitchen, drycleaners (drop-off and pickup service only - no facility on <br />site), general retail and services, hotels, limited or "neighborhood" commercial <br />activities, medical services, micro -breweries, micro -wineries, mid -rise dwellings <br />with mixed -uses, multiple -family dwellings, personal services, and restaurants are <br />permitted but may require amendments to this Agreement and associated Concept <br />Plan to revise standards accordingly. <br />C. Conditional principal uses allowable on the Subject Property: <br />1. Drive-through establishments. <br />3 <br />