J-1 - Resolution 2023-082 - Daytona Estates OPD Concept and Site District - Developer's Agreement

1. No public streets will be constructed. Any private drives and parking areas running through the Development will be installed according to the Design Standards adopted by the City, which will be shown on the construction plans, to be approved by the City Engineer. Any private streets and drives shall be installed and maintained by the Developer and its successors and assigns. The following are private streets: (1) That portion of Drift Lane south of Mopar Drive ; (2) Confluence Lane. 2. The Developer shall provide for the installation of all electric lines, street lights, gas mains, telephone lines and other utility facilities that are necessary at the Developer’s sole cost. Developer further agree that all utilities shall be installed underground. 3. Any decorative street lighting shall be approved by the City and installed at the Developer’s sole cost. 4. At such time as building construction occurs on any lot in the OPD, but in no event later than five (5) years from the date this Agreement is recorded, the Developer, or its successors and assigns, shall install sidewalks per the widths approved on the Preliminary Plat and Site Plan, in accordance with the plans and specifications of the City, and subject to inspections by the City Engineer or designee, unless otherwise specified in this Agreement. The sidewalk along the south side of Mopar Drive will be installed by Developer prior to final plat approval. Developer acknowledges its duty to install a sidewalk along Park Road. However, due to City plans to improve Park Road, a sidewalk is not feasible at this time. Prior to final plat approval, Developer shall provide to the City the cost of installing the sidewalk, as determined by the City Engineer. An in kind contribution in lieu of payment may be accepted at the discretion of the City. 5. The Developer shall submit to the City, for approval by the City Engineer, a storm water management plan which will identify the drainage of this development and specify the manner in which storm water, drainage and runoff will be accommodated. The Developer agrees to dispose of all storm water through the approved storm water and drainageway system as set forth in the storm water management plan. The design and construction of the storm water sewer system and storm water detention basin, if required by the City for this development, shall be in compliance with the City’s current storm water management ordinances and policies. 6. The Developer shall provide water, sewer, utility, access, drainage and other easements as shown on the approved Site Plan and approved Final Plat which are acceptable to the City. 7. Developer grants to the City an easement for access for any City Official acting in the course of his or her official duties. 8. The Developer shall install all water mains, water lines, sewer mains, sewer lines and storm sewer systems within the Development, according to City Design standards. Upon acceptance by the City of the water mains, sewer mains and storm sewer by resolution, the water mains, sewer mains and storm sewer shall be owned and maintained by the City.