SECOND AMENDMENT TO GRAND HAVEN PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT

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1 PREPARED BY: Michael D. Chiumento III, Esq. Chiumento Selis Dwyer, PL 145 City Place, Suite 301 Palm Coast, FL RETURN TO: City Clerk City of Palm Coast 160 Cypress Point Parkway, Ste. B-106 Palm Coast, FL SECOND AMENDMENT TO GRAND HAVEN PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT THIS SECOND AMENDMENT TO GRAND HAVEN PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT (the Second Amendment ) by and between the City of Palm Coast (the City ), 160 Cypress Point Parkway, Suite B-160, Palm Coast, FL and Grand Haven Properties, LLC (the Developer ), 5 Sandpiper Court, Palm Coast, FL 32137, states as follows. Recitals WHEREAS, pursuant to the DRI Development Order (the DRI DO ) originally approved in 1989, Grand Haven is a mixed use development (the Project ) on 1,478 acres of property generally located on Colbert Lane, Palm Coast. After the incorporation of the City of Palm Coast, the City gained jurisdiction over all future amendments to the DRI DO. WHEREAS, in 2003, the City approved an amendment to the DRI DO as more particularly described in City Ordinance and recorded in O.R. Book 1010, Page 1293, and re-recorded in O.R. Book 1935, Page 1538, Pubic Records of Flagler, County, Florida, (hereinafter Grand Haven PUD ) which revised the PUD Agreement that governs the Project to this date. WHEREAS, the City approved an amendment to the Grand Haven PUD by Ordinance , removing Parcel 505A from the PUD Agreement, and said Amendment was recorded on September 27, 2012, in O.R. Book 1895, page 302, Public Records of Flagler, County, Florida. WHEREAS, the City and Developer agreed to close out the DRI DO as provided in Section , F.S. by adopting an Essentially Built-Out Agreement (the EBO ) approved by the City and State, and recorded in O.R. Book, Page, Public Records of Flagler County, Florida.

2 WHEREAS, in addition to entering into the EBO, the City and Declarant desire to amend the existing PUD Agreement so that all future development rights are consistent with the EBO, the City s Comprehensive Plan and its Land Development Code. WHEREAS, it is the intent of the parties that all provisions of the Grand Haven PUD remain in full force and effect, except as amended herein. WHEREAS, words with double underlined type shall constitute additions to the original text and strike through shall constitute deletions to the original text, and asterisks (* * *) indicate that text shall remain unchanged from the language existing in the Grand Haven PUD. Now therefore, in consideration of the mutual covenants and conditions provided for in this Amendment and the EBO, the parties agree to the following amendments to the Grand Haven PUD as follows: 1. INTRODUCTION is hereby amended as follows: This is an PUD MPD Development Agreement (DA) for an amendment to the PUD MPD zoning classification (fka PUD) permitting the development of a mixed use project including up to 1,901 1,905 residential units and up to 85,000 square feet of neighborhood commercial and shopping center use to be known as Grand Haven, on the 1,478 1,473+ acre property generally located along Colbert Lane, south of Palm Coast Parkway and north of Highway 100 and described in Exhibit A (the Subject Property or PUDMPD ). The Subject Property is owned by Grand Haven Developers, LLC Grand Haven Properties, LLC (the Owner and Applicant ). 2. The Grand Haven PUD Master Plan, referenced as Exhibit C in Section 2(b) of the Grand Haven PUD, shall be replaced with the Master Plan attached hereto and labeled as Exhibit C to this Amendment. 3. Section 3(c)(i) is hereby amended as follows: The following phrase shall be inserted at the end of this section. * * * In addition to the 1,901 residential units permitted to be constructed in the Project, Parcel K may be developed as four (4) single family detached residential homes or as Golf Club House facilities.

3 4. Section 3(c)(i)(2) is hereby amended as follows: The following sentence shall be inserted at the end of this section. * * * Additionally, single family detached residential uses may be constructed on Parcel K. 5. Section 3(c)(i)(3) is hereby amended as follows: The following sentence shall be inserted after the second sentence: Single family detached residential uses on Parcel K shall include a 2-car garage. 6. Section3(c)(i)(4) is hereby amended as follows: (4) Town Center/Golf Clubhouse The Town Center/Golf Clubhouse is intended to include a golf course, clubhouse and a pro shop, common facilities, fitness center, meeting facilities and a private club with food service and bar open to members and guests only. Snack bar, restrooms and a maintenance facility shall also be permitted in this area. Multi-family shall also be permitted in the Town Center. 7. Section 3(c)(i)(5) is hereby amended as follows: (5) General Commercial Shopping Center/Neighborhood Commercial This area may include shopping center, neighborhood retail, offices, sales center and service uses. Up to 85,000 square feet of neighborhood commercial and shopping center uses may be developed on the commercial parcels shown on the PUD MPD Master Plan, of which only 74,000 square feet of these uses shall be constructed on Parcel B. These parcels are located on the northern portion of Parcel 505, and The commercial parcels are located West of Colbert Lane opposite the main entrance and on Parcel Section 3(d) is hereby amended as follows: d. Density: The MPD shall contain no more than 1,901 1,905 residential units which represent a maximum overall gross density of

4 dwelling units per acre. This density shall be allocated among the various residential development areas as generally depicted on the PUD Master Plan. 9. Section 3.f(i) is hereby amended as follows: f. Building Setbacks/Separation/Height/Lot Size/Living Area. i. Single Family Lots: *Rear: 10 feet (except screened enclosures may encroach 5 into setback) *Front: 25 feet *Side: 5 feet (or minimum 20 from any abutting street) *Maximum Building Height: 3 stories (Except for Parcel K adjacent to the Golf Clubhouse, where the maximum height shall be 2 stories (35 ft)) *Minimum Lot size: 6,000 sq. ft. *Minimum Lot width (measured at front setback line): 50 ft. *Maximum Lot coverage by Buildings: 50% 10. Section 3.f(iv) is hereby amended as follows: Town Center use area name is hereby removed. 11. Section 4 is hereby amended as follows: The single-family residential estate lot area shall be subdivided (platted) in accordance with the requirements of the City and State law. Site plan approval shall be required as outlined in paragraph 3(a) above for, Single Family Lots, Townhomes, Condominiums/Multi-family, and Entry Feature areas. All site plan approvals may be granted by the DRC. PLDRB approval shall not be required, except that PLDRB approval of a Subdivision Master Plan shall be required for a property known as Parcel K lying between the Golf Clubhouse and multifamily development adjacent to the 9 th Green of the Grand Haven Golf Course. Maintenance bonds shall not be required on private roads or drainage improvements which are to be owned by the CDD. (This provision shall also permit the release of existing maintenance bonds on CDD improvements in place at the time of approval of this PUD.) However, a Maintenance Agreement

5 that includes cost sharing provisions shall be required between all property owners sharing the access easement referenced in Official Records Book 1036, Pages 341 through The covenants, conditions and entitlements provided for in the PUD Agreement and this Second Amendment shall be binding upon the parties and their successors or assigns with expiration unless provided for by operation of law. 13. Except as provided for in this Second Amendment, the PUD Agreement shall remain in full force and effect and shall be binding upon the parties. [signatures to follow]

6 IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement on the day and year set forth in the preamble hereto. ATTEST: By: Virginia A. Smith, City Clerk City of Palm Coast, Florida By: Jon Netts, Mayor Signed, sealed and delivered in the presence of: Printed Name: GRAND HAVEN PROPERTIES, LLC, a Florida limited liability company By: James T. Cullis, Manager Printed Name: STATE OF FLORIDA COUNTY OF FLAGLER The foregoing instrument was acknowledged before me this day of, 2014, by James T. Cullis, Manager, GRAND HAVEN PROPERTIES, LLC, a Florida limited liability company, on behalf of the Company. Number: Notary Public, State of Florida Printed Name: My Commission

7 EXHIBIT C MPD MASTER PLAN