[TEMPLATE]

THIS INSTRUMENT WAS PREPARED BY

AND AFTER RECORDING RETURN TO:

Marsha Segal-George
City Attorney
City of Deltona
2345 Providence Boulevard
Deltona, Florida 32725

Exhibit “A” to Ordinance No. _______

DEVELOPMENT AGREEMENT

for the project known as ________________________ Planned Unit Development

(PUD) located at __________________ (hereinafter referred to as the “Subject
Property”).

THIS DEVELOPMENT AGREEMENT (hereinafter referred to as the

“Agreement”) is entered into and made as of the ___ day of ___________, 2022, by and
between the CITY OF DELTONA, a Florida municipal corporation, with a mailing
address of 2345 Providence Boulevard, Deltona, Florida 32725, (hereinafter referred to
as the “City”), and _____________________________________, (hereinafter referred
to as the “Owner or Owner/Developer”), and __________________________,
(hereinafter referred to as the “Developer”, if the Developer is a separate entity from the
“Owner/Developer” and the Developer has an executed Notarized Owner Authorization
from the Owner/Developer).

WITNESSETH

WHEREAS, the Owner warrants that it holds legal title to the lands located in
Volusia County, Florida, and within the corporate limits of the City of Deltona, said lands
being more particularly described in Exhibit “B”, Legal Description for the Subject
Property, attached hereto and by this reference made a part hereof; and that the
holders of any and all liens and encumbrances affecting such property will subordinate
their interests to this Agreement; and

WHEREAS, the Owner/Developer has clear title of the Subject Property or the
Developer is currently under contract to purchase the Subject Property and intends to
develop such property as ______________________; and

WHEREAS, the Owner/Developer or Developer desires to facilitate the orderly

development of the Subject Property in compliance with the laws and regulations of the
City and other governmental authorities, and the Owner/Developer or 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 Development

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/Developer and/or Developer have sought the City's

approval to develop the Subject Property, and the City approved Ordinance No.
_________, through rezoning the Subject Property to a form of Planned Unit
Development (PUD), as defined under the City’s Land Development Code on
_________________. The PUD shall consist of this Agreement as the Written
Agreement of the PUD and an Exhibit “C”, Master Development Plan (MDP), attached
hereto and by this reference made a part hereof as the Preliminary Plan, subject to the
covenants, restrictions, and easements offered by the Owner/Developer or Developer
and contained herein, (hereinafter the “Master Development Plan”). Where more
detailed criteria for City required submittals exceed the criteria required for a Master
Development Plan, the more detailed criteria apply.

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 Land
Development Code as it may be amended from time to time unless otherwise
indicated.
2. Ownership. The legal and equitable owners of the Subject Property are:
________________________________________________________.
3. Title Opinion/Certification. The Developer 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/Developer and any and all liens, mortgages, and other encumbrances
that are either satisfied or not satisfied or released of record.
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 or the Lienholder join in this Agreement. It shall be the
responsibility of the Owner/Developer and/or Developer to promptly obtain the
 said subordination or joinder, in form and substance that is acceptable to the
City Attorney, prior to the execution and recordation of this Agreement.
5. Duration. The duration of this Agreement is binding and runs with the land in
perpetuity unless amended.
6. Development of the Subject Property. Development of the Subject
Property shall be subject to performance standards listed in this Agreement.
Where a land use listed below differs from a defined use in the City of
Deltona’s Code of Ordinances, the use listed in this Agreement shall prevail.
A. Comprehensive Plan Policies specific to this Subject Property.
B. Permitted principal uses allowable on the Subject Property:
1. <<LIST USES HERE>>
C. Prohibited principal uses, if any:
1. <<LIST USES HERE>>
D. Proposed minimum density (in the number of dwelling units per acre) or
minimum intensity (measured in floor area ratio):
E. Proposed maximum density (in the number of dwelling units per acre) or
maximum intensity (measured in floor area ratio), if any:
F. The impervious surface ratio is not to exceed 70% of the gross square
footage for the Subject Property.
G. Maximum lot coverage (in %) (dry retention systems can be used towards
open space):
H. Minimum landscaping and buffer yard requirements are per the City’s
Land Development Code. Stormwater management facilities shall not be
placed within buffer yards.
I. Minimum lot size area (in acreage or square footage):
J. Minimum lot width (in feet):
K. Minimum yard setbacks:
1. Front yard:
2. Side yard:
3. Streetside yard:
4. Rear yard:
L. Maximum building height (in feet):
M. Minimum parking standards are per Sections 110-828 and 110-829 of the
City’s Land Development Code.
N. Minimum lighting standards per the City’s Land Development Code shall
be included on a separate Illumination Plan to be provided at the time of
site plan submittal.
O. Architectural controls and development on the Subject Property shall
follow a common architectural theme as listed in this Agreement by
harmoniously coordinating the general appearance of all buildings and
accessory structures. All controls and variations shall be defined by a
Homeowners Association or Property Owners Association, as defined
within this Agreement.
P. Utility provision and dedication: The Owner/Developer or Developer shall
connect to the City of Deltona’s central utility systems, when available, or
to Volusia County’s central utility systems, where applicable, at their sole
 cost and expense. Utility fees shall be paid to Deltona Water or Volusia
County, respectively, before any building permit is issued. Central utility
systems are to be designed, permitted, and constructed to the respective
service provider specifications and dedicated to the respective service
provider upon final inspection, clearance, and acceptance by the service
provider.
Q. Stormwater and Environmental: Per parcel stormwater systems or master
stormwater systems shall be owned and maintained by an established
Homeowners Association or Property Owners Association in private
ownership and shall not be dedicated to or become the responsibility of
the City of Deltona. All environmental permitting, mitigation, and/or soil
and erosion control for the property shall conform to all federal, state, and
local permits/requirements shall be the sole responsibility of the
Homeowners Association or Property Owners Association, and shall be
maintained in good condition/standing with the applicable permitting
authorities. Best Management Practices and conformance to National
Pollutant Discharge Elimination System (NPDES) criteria are required.
R. Transportation, site access, and traffic devices: The Owner/Developer or
Developer is responsible for all transportation improvements within the
Subject Property and any off-site transportation requirements, as a result
of the proposed development, for site function, that maintains or improves
the level of service for area roadways, and ensures the public health,
safety, and welfare for the community. All permits shall be obtained from
appropriate permitting agencies prior to development and the City shall
determine the appropriate level of service per the City Comprehensive
Plan and current traffic counts.
7. Public Facilities/Land Dedication. Facilities or tracts that either is or shall
become public facilities/tracts that will serve the development and/or are on
the Subject Property are, as follows:
8. Development Permits/Fees. The Owner/Developer or Developer is
responsible for obtaining, permitting, and the payment of all fees for facilities
and services to ensure the Subject Property. Any site permits shall be kept
current with the respective permitting agency and shall ensure the protection
of the public health, safety, and welfare of the community and the
development. All impact fees are applicable and no impact fee credits shall
be awarded through this Agreement; unless a cessation exists through a City
moratorium that is Citywide. Proportionate fair share site improvements shall
not be used in lieu of impact fees.
9. Obligations. Should the Owner/Developer or Developer fail to undertake
and complete its obligations as described in this Agreement to the City's
specifications, then the City shall give the Owner/Developer or Developer
thirty (30) days written notice to commence and ninety (90) days to complete
said required obligation. If the Owner/Developer or Developer fails to
complete the obligations within the ninety (90) day period, then the City,
without further notice to the Owner/Developer or Developer, or its successors
in interest, may, without prejudice to any other rights or remedies it may have,
 place liens and take enforcement action on the Subject Property. A lien of
such assessments shall be superior to all others, and all existing lienholders
and mortgagees, by their execution of the subordination or joinder
documents, agree to subordinate their liens or mortgages to the City’s said
liens or assessments. Notice to the Owner/Developer or Developer and its
successors in interest shall be deemed to have been given upon the mailing
of a notice to the address or addresses set forth in Paragraph (23) hereof.
10. Site Plan/Plat Approval. Exhibit “C”, the Master Development Plan, is the
Preliminary Plan of the PUD and this Agreement. The Master Development
Plan shall not replace, supersede, or absolve the Owner/Developer or
Developer from approvals for any site plan, preliminary plat, and/or final plat
and their respective regulations. Where more detailed criteria for City
required submittals exceed the criteria required for a Master Development
Plan, the more detailed criteria apply.
11. Indemnification. The Owner/Developer or Developer shall indemnify and
hold the City harmless from any and against all claims, demands, disputes,
damages, costs, and expenses, (to include attorneys' fees whether or not
litigation is necessary and if necessary, both at trial and on appeal), incurred
by the City as a result, directly or indirectly, of the use or development of the
Subject Property, except those claims or liabilities caused by or arising from
the negligence or intentional acts of the City, or its employees or agents. It is
specifically understood that the City is not guaranteeing the appropriateness,
efficiency, quality, or legality of the use or development of the Subject
Property, including but not limited to, drainage or water/sewer plans, fire
safety, or quality of construction, whether or not inspected, approved, or
permitted by the City.
12. Compliance. The Owner/Developer or Developer agrees that it, and its
successors and assigns, will abide by the provisions of this Agreement, the
City’s Comprehensive Plan, and the City's Code of Ordinances, including but
not limited to, the site plan regulations of the City as amended from time to
time, which are incorporated herein by reference and such subsequent
amendments hereto as may be applicable. Further, all required
improvements, including landscaping, shall be continuously maintained by the
Owner/Developer or Developer, or their successors and assigns, in
accordance with the City’s Code of Ordinances. The City may, without
prejudice to any other legal or equitable right or remedy it may have, withhold
permits, Certificates of Occupancy, or plan/plat approvals to the Subject
Property, should the Owner/Developer or Developer fail to comply with the
terms of this Agreement. In the event of a conflict between this Development
Agreement and the City’s Land Development Code, the more restrictive
regulations shall govern the development of the Subject Property.
13. Obligations for Improvements. Any surface improvement as described and
required hereunder included, but not limited to such as signalization, walls,
stormwater management facilities, medians, and utilities, or any other surface
improvement shall be performed, prior to the issuance of the first Certificate of
Occupancy on that portion of the Subject Property that the surface
 improvement(s) relates or is otherwise scheduled in this Agreement. Should
the Owner/Developer or Developer fail to undertake and complete its
obligations as described in this Agreement and to the City's specifications,
then the City shall give the Owner/Developer or Developer thirty (30) days
written notice to commence and ninety (90) days to complete said required
obligation at the sole expense of the Owner/Developer or Developer. If the
Owner/Developer or Developer fails to complete the obligations within the
ninety (90) day period, then the City, without further notice to the
Owner/Developer or Developer and their successors and assigns in interest,
may but shall not be required to, perform such obligations at the expense of
the Owner/Developer or Developer or their successors and assigns in
interest, without prejudice to any other rights or remedies the City may have
under this Agreement. Further, the City is hereby authorized to immediately
recover the actual and verified cost of completing the obligations required
under this Agreement and any legal fees from the Owner/Developer or
Developer in an action at law for damages, as well as record a lien against
the Subject Property in that amount. The lien of such assessments shall be
superior to all others, and all existing lienholders and mortgagees, by their
execution of the subordination or joinder documents, agree to subordinate
their liens or mortgages to the City’s said liens or assessments. Notice to the
Owner/Developer or Developer and their successors and assigns in interest
shall be deemed to have been given upon the mailing of notice as provided in
paragraph (24) of this Agreement.
14. Concurrency and Vested Rights. The Owner/Developer or Developer
acknowledges and agrees that prior to the issuance of any development
orders for the Property, the Owner/Developer or Developer must have
received and be in the possession of a valid unexpired certificate of
capacity/concurrency management system approval consistent with the City’s
Land Development Code. The capacity certificate/approval verifies the
availability of infrastructure and service capacity sufficient to permit the
proposed development of the Subject Property without causing a reduction in
the levels of service adopted in the City's Comprehensive Plan. The
certificate of capacity/approval shall be effective for a term, as defined in the
City's Code of Ordinances. Neither this Agreement nor the approved Master
Development Plan shall create or result in a vested right or rights to develop
the Subject Property, as cited in Section 86-34 of the City’s Land
Development Code.
15. Environmental and Tree Preservation. The Owner/Developer or
Developer is responsible to obtain all site related permits and approval prior
to any development activity on or for the Subject Property. This may involve
mitigation for the habitat of threatened or endangered flora and fauna or
species identified for proportion (i.e. tree preservation). This Agreement does
not vest or exempt the Owner/Developer or Developer from any permitting
and mitigation obligations needed to develop a Subject Property.
16. Homeowners Association or Property Owners Association. The charter
and by-laws of any Homeowners Association (“HOA”) or Property Owners
 Association (“POA”) for the Subject Property and any deed restrictions related
thereto shall be furnished to the City for approval by the City Attorney prior to
the recording thereof in the Public Records of Volusia County, Florida. Such
recording shall take place before a Certificate of Occupancy is issued for the
first development project on land covered by this Agreement. The HOA or
POA shall at a minimum be responsible for maintaining the common open
space, any common utility systems, such as irrigation and site lighting, and
project signage. The Owner/Developer or Developer shall be responsible for
establishing the HOA or POA and recording said information in the Public
Records of Volusia County, Florida. The City is not responsible for the
enforcement of any agreements or deed restrictions entered into between
property owners or occupiers of the Subject Property. If maintenance for the
Subject Property is not maintained following the issuance of a Certificate of
Occupancy, the City has Code Enforcement services.
17. Enforcement. Both parties may seek specific performance of this Agreement
and/or bring an action for damages in a court within Volusia County, Florida if
this Agreement is breached by either party. In the event that enforcement of
this Agreement by the City becomes necessary, and the City is successful in
such enforcement, the Owner/Developer or Developer shall be responsible
for the payment of all of the City’s costs and expenses, including attorney
fees, whether or not litigation is necessary and, if necessary, both at trial and
on appeal. Such costs, expenses, and fees shall also be a lien upon the
Subject Property superior to all others. Should this Agreement require the
payment of any monies to the City, the recording of this Agreement shall
constitute a lien upon the Subject Property for said monies, until said are
paid, in addition to such other obligations as this Agreement may impose
upon the Subject Property and the Owner/Developer or Developer. Interest
on unpaid overdue sums shall accrue at the rate of the lesser of eighteen
percent (18%) compounded annually or at the maximum rate allowed by law.
18. Utility Easements. For any easement not established on a plat for the
Subject Property, the Owner/Developer or Developer shall provide to the City
such easements and other legal documentation, in a form mutually
acceptable to the City Attorney and the Owner/Developer or Developer, as
the City may deem reasonably necessary or appropriate for the installation
and maintenance of the utility and other services, including but not limited to,
sanitary sewer, potable water, and reclaimed water services, electric, cable,
gas, fire protection, and telecommunications.
19. Periodic Review. The City reserves the right to review the Subject Property
subject in relation to this Agreement periodically to determine if there has
been demonstrated good faith compliance with the terms of this Agreement.
If the City finds that on the basis of substantial competent evidence that there
has been a failure to comply with the terms of this Agreement, the City may
not issue development orders or permits until compliance with this Agreement
has been established.
20. Notices. Where notice is herein required to be given, it shall be by certified
mail return receipt requested, hand delivery, or nationally recognized courier,
 such as Federal Express or UPS. E-mail delivery of documents shall not
replace or be in lieu of the aforementioned process. Said notice shall be sent
to the following, as applicable:

OWNER/DEVELOPER'S OR DEVELOPER’S REPRESENTATIVES:

[INSERT NAMES AND ADDRESSES]

CITY'S REPRESENTATIVES:
Acting City Manager
City of Deltona
2345 Providence Boulevard
Deltona, Florida 32725

With a copy to:

Director
Community Services
City of Deltona
2345 Providence Boulevard
Deltona, Florida 32725

Should any party identify the above change, it shall be said party's obligation to notify
the remaining parties of the change in a fashion as is required for notices herein. It shall
be the Owner/Developer or Developer’s obligation to identify its lender(s) to all parties in
a fashion as is required for notices herein.

21. Compliance with the Law. The failure of this Agreement to address a
particular permit, condition, term, or restriction shall not relieve the
Owner/Developer or Developer of the Subject Property from the necessity of
complying with the law governing said permitting requirements, conditions,
terms, or restrictions.
22. Captions. The captions used herein are for convenience only and shall not
be relied upon in construing this Agreement.
23. Binding Effect. This Agreement shall run with the land, shall be binding
upon and inure to the benefit of the Owner/Developer or Developer and their
successors and assigns in interest, and the City and their successor and
assigns in interest. This Agreement shall become effective upon its execution
and recordation with the Public Records of Volusia County, Florida. This
Agreement does not and is not intended to, prevent or impede the City from
exercising its legislative authority as the same may affect the Subject
Property.
24. Subsequently Enacted State or Federal Law. If either state or federal law
is enacted after the effective date of this Agreement that is applicable to and
precludes the parties’ compliance with the terms of this Agreement, this
 Agreement and correlating zoning amendment shall be modified or revoked,
as is necessary, to comply with the relevant state or federal law.
25. Severability. If any part of this Development Agreement is found invalid or
unenforceable in any court, such invalidity or unenforceability shall not affect
the other parts of this Development Agreement, if the rights and obligations of
the parties contained herein are not materially prejudiced and if the intentions
of the parties can be affected. To that end, this Development Agreement is
declared severable.
26. Covenant Running with the Land. This Agreement shall run with the
Subject Property and inure to and be for the benefit of the parties hereto and
their respective successors and assigns and any person, firm, corporation, or
entity who may become the successor in interest to the Subject Property or
any portion thereof.
27. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Developer’s
expense, in the Public Records of Volusia County, Florida.
28. Applicable Law/Venue. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of
the State of Florida. The venue of any litigation relating to this Agreement
shall be in the courts of Volusia County, Florida.
29. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement. The
Owner/Developer or Developer shall execute this Agreement within ten (10)
business days of the City Commission’s adoption of Ordinance No. _____;
and agrees to pay the cost of recording this document in the Public Records
of Volusia County, Florida. Failure to execute this Agreement within ten (10)
business days of this ordinance adoption may result in the City not issuing
development orders or permits until the execution and recordation of this
Agreement have occurred.
30. Agreement; Amendment. This Agreement constitutes the entire agreement
between the parties, and supersedes all previous discussions,
understandings, and agreements, with respect to the subject matter hereof;
provided, however, that it is agreed that this Agreement is supplemental to
the City’s Comprehensive Plan and does not in any way rescind or modify
any provisions of the City’s Comprehensive Plan. Amendments to and
waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment.
31. Effective Date. The Effective Date of this Agreement shall be the day this
Agreement is recorded in the Public Records of Volusia County, Florida.

IN WITNESS WHEREOF, the Owner, the Developer, and the City have executed
this Agreement.
 IN WITNESS WHEREOF, the Owner/Developer has executed this agreement.
OWNER/DEVELOPER
By:

_____________________________ _____________________________
Signature of Witness # 1 Signature

_____________________________ _____________________________
Print or type name Print or type name

AS:

_____________________________ _____________________________
Signature of Witness # 1 Signature

_____________________________ _____________________________
Print or type name Print or type name

ATTEST:

_____________________________
Signature

_____________________________
Print or type Name

As:

_____________________________

Mailing Address:

_____________________________
_____________________________
_____________________________
STATE OF FLORIDA

COUNTY OF _________________________

The foregoing instrument was acknowledged before me this _________day of

___________, 202__, by ________________________________, and
________________, of _________________, who is/are personally known to me or
who has/have produced ____________________________________ as identification
and who did not (did) take an oath.
________________________________
Signature of Notary

(NOTARY SEAL) ________________________________

Print or type name
 IN WITNESS WHEREOF, the Developer has executed this agreement.
DEVELOPER
By:

_____________________________ _____________________________
Signature of Witness # 1 Signature

_____________________________ _____________________________
Print or type name Print or type name

AS:

_____________________________ _____________________________
Signature of Witness # 1 Signature

_____________________________ _____________________________
Print or type name Print or type name

ATTEST:

_____________________________
Signature

_____________________________
Print or type Name

As:

_____________________________

Mailing Address:

_____________________________
_____________________________
_____________________________
STATE OF FLORIDA

COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _________day of
___________, 202__, by ________________________________, and
________________, of _________________, who is/are personally known to me or
who has/have produced ____________________________________ as identification
and who did not (did) take an oath.

________________________________
Signature of Notary

(NOTARY SEAL) ________________________________

Print or type name
 IN WITNESS WHEREOF, the City has executed this agreement.

CITY OF DELTONA:

By: _______________________________________

Date: ______________________________________

ATTEST:

___________________________________________

Date: ______________________________________

Mailing Address:

City of Deltona
2345 Providence Boulevard
Deltona, Florida 32725

STATE OF FLORIDA

COUNTY OF __________________

The foregoing instrument was acknowledged before me this _____day of ___________,

202__, by ___________________, and __________________, who are personally
known to me and acknowledge executing the same freely and voluntarily under
authority vested in them by the City of Deltona.

________________________________
Signature of Notary

(NOTARY SEAL) ________________________________

Print or type name

Approved as to form and legality for use and reliance by the City of Deltona, Florida

____________________________________
Marsha Segal-George
City Attorney