24-1592 Amended PUD Agreement and Concept Plan for Second Phase of Slovak Garden

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WHEREAS, the Owner has clear title to the Subject Property and desires to continue with Phase II development on the remaining ±7.35 acres, as seen in the concept plan, with the existing uses to remain; 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 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 parties concerning the matters contained herein; and WHEREAS, the Developer has sought the City's approval to develop the Subject Property, and the City adopted Ordinance 24-1592, through rezoning the Subject Property to a planned residential district (PRD), as defined under the City's Unified Land Development Regulations, on The PUD zoning ordinance shall consist of this Agreement and its attachmen s, including an 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 Developer and those 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. 2. Ownership. The legal and equitable owners of the Subject Property are: The Slovak Garden, A Home for American Slovaks, Inc. and their assigns. 3. Title Opinion/Certification/Authority to Sign. The Developer will provide to the City, in advance of the City's execution and recordation of this Agreement, a title opinion from a 2