23-1588 PUD & Concept Plan for (2) Parcels PMX-MID Located East of Concord Dr & S. USHWY 1792

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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 parties concerning the matters contained herein; and WHEREAS, the Owner has sought the City's approval to develop the Subject Property, and the City approved Ordinance 23-1588 (ZB 23-01), through rezoning the Subject Property to the PMX-MID (Planned Mixed -Use: Medium Rise) zoning district, as defined under the City's Unified Land Development Regulations, on 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 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 Un f ed 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. 2. Ownership. The legal and equitable owners of the Subject Property are: CASTO CASSELBERRY NORTH, LLC, and its assigns. 3. Title Opinion/Certification/Authority to Sign. The Owner will provide to the City, in advance of the City's execution and recordation of this Agreement, a title opinion from a licensed attorney in the state of Florida, or a certification by an abstractor or title company authorized to do business in the state of Florida, verifying marketable title to the Subject Property to be in the name of the Owner and any and all liens, mortgages, and other encumbrances. The Owner represents and warrants that it has the power and authority to enter into and consummate the terms and conditions of this Agreement; that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, and followed; that this