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

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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 Developer 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 Agreement and the proposed performance of this Agreement is not an ultra vires act; and that, upon execution of this Agreement, this Agreement will be valid and binding upon the parties and their successors. 4. Subordination/Joinder. Unless otherwise agreed to by the City and if applicable, all liens, mortgages, and other encumbrances that are not satisfied or released of record must be subordinated to the terms of this Agreement, and the mortgage holder must join in this Agreement. It shall be the responsibility of the Developer to promptly obtain the said subordination and joinder, in form and substance that is acceptable to the City Attorney, prior to the execution and recordation of this Agreement. 5. Duration. This Agreement is binding and runs with the land in perpetuity unless amended. If development is not commenced (i.e., obtaining a building permit) in accordance with this Agreement and applicable law within 24 months from the Effective Date, this Agreement will be null and void and the City will not be precluded or estopped from redesignating or rezoning all or any portion of the Subject Property. The Developer may request an extension of this Agreement through a request to the City Commission after review and recommendation by the Planning and Zoning Commission. 6. Development of the Subject Property. Development of the Subject Property shall be subject to performance standards listed in this Agreement. Where the land uses listed below differs from a defined use in the City of Casselberry's Code of Ordinances, the use listed in this Agreement shall prevail. A. Comprehensive Plan Policies specific to this Subject Property: Policy FLU 1.2, Policy FLU 1.15, Policy FLU 13.2 B. Permitted principal uses allowable on Phase I of the Subject Property: Multiple -family dwellings C. Permitted principal uses allowable on Phase II of the Subject Property: Age -restricted multiple -family dwellings, age -restricted two-family dwellings (duplexes), and churches or other places of worship. D. Permitted accessory uses allowable on Phase I of the Subject Property: Approved home occupations. E. Permitted accessory uses allowable on Phase II of the Subject Property: Approved home occupations.