2024-O-44 - RZ - First Business Park - 2360 S Ridgewood Avenue - BPUD 12/5/2024 3:38:30 PM Instrument#2024231456#1 Book:8639 Page:3721
ORDINANCE NO.2024-0-44
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 (HIGHWAY
COMMERCIAL) TO BPUD (BUSINESS PLANNED UNIT
DEVELOPMENT) FOR 3.681 ACRES OF CERTAIN REAL
PROPERTY GENERALLY LOCATED AT 2360 SOUTH
RIDGEWOOD AVENUE (PARCEL IDENTIFICATION
NUMBERS 8402-00-00-0420), EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
l. Vincenzo Donnici, owner of property generally located at 2360 South Ridgewood
Avenue within Volusia County,Florida. Subject property contains approximately 3.68t acres.
2. The owner has submitted an application for a change in zoning classification from
B-3 Highway Commercial to City BPUD (Business Planned Unit Development) for the
property described herein.
3. On August 14, 2024, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
7. The proposed change in zoning classification will not have an adverse effect on the
t
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natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA.
The zoning classification for the property described in Exhibit"A" is hereby changed from B-3
Highway Commercial to BPUD (Business Planned Unit Development)pursuant to the associated BPUD
Agreement(attached and hereto incorporated as Exhibit"C").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for
the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative,,or void,such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
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PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County,Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
PASSED AND DULY ADOPTED this day of WXIL� 2024.
Diezel DePew,Mayor
4ti'-EST: ,
Bonnie Zlotnik, C,City Clerk
Passed on first reading on the day of 2024
REVIEWED AND APPROVED-
(��' l ( AIQ
Aaron R. Wolf ,City ttorney
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL2A
PORTION OF SECTION 2, TOWNSHIP 18, RANGE 34E, VOLUSIA COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS COMMENCE AT AN IRON PIN ON THE NE CORNER OF THE SW 1/4 OF THE NE 1/4
(ALSO DESCRIBED AS THE NW CORNER OF US GOVERNMENT LOT 7), THENCE NOO°21'54"W
ALONG THE NORTHERLY PROLONGATION OF THE EAST LINE OF THE SW 1/4 OF THE NE 1/4,A
DISTANCE OF 23.74 FEET TO THE WESTERLY R/W LINE OF US HIGHWAY NO 1,A 158 FOOT R/W
AS NOW LAID OUT, THENCE N 26'4141" W, ALONG SAID WESTERLY R/W LINE A DISTANCE OF
64.39 FEET TO THE SOUTHERLY R/W LINE OF A 30 FOOT R/W FOR DRAINAGE AND UTILITIES
SHOWN ON THE PLAT OF SILVER RIDGE SUBDIVISION UNIT 1,AS RECORDED IN MAP BOOK 25,
PAGE 87, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, FOR THE POINT OF BEGINNING,
THENCE S 78°19'29"W,ALONG SAID SOUTHERLY R/W LINE,A DISTANCE OF 277.45 FEET TO THE
EASTERLY R/W LINE OF A 30 FOOT R/W FOR DRAINAGE AND UTILITIES SHOWN ON SAID PLAT
OF SILVER RIDGE SUBDIVISION UNIT 1,THENCE S 26°4141"E,ALONG SAID EASTERLY R/W LINE
A DISTANCE OF 313.45 FEET,THENCE N 62035'02"E,A DISTANCE OF 267.99 FEET MORE OR LESS,
TO THE WESTERLY R/W LINE OF US HIGHWAY NO 1, THENCE N 26°41'41" W, ALONG SAID
WESTERLY RAN LINE, A DISTANCE OF 238.17 FEET MORE OR LESS, TO THE POINT OF
BEGINNING.
PARCEL 2B
PORTION OF SECTION 2,TOWNSHIP 18S, RANGE 34E,VOLUSIA COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS.
COMMENCE AT AN IRON PIN ON THE NE CORNER OF THE SW 1/4 OF ME NE 1/4(ALSO DESCRIBED
AS THE NW CORNER OF US GOVERNMENT LOT 7), THENCE N 00.21-54 W, ALONG THE
NORTHERLY PROLONGATION OF THE EAST LINE OF THE SW 114 OF THE NE 1/4,A DISTANCE OF
23.74 FEET TO THE WESTERLY R/W LINE OF US HIGHWAY NO 1,A 158 FOOT R/W AS NOW LAID
OUT, THENCE N 2604141"W,ALONG SAID WESTERLY R/W LINE A DISTANCE OF 64.39 FEET TO
THE SOUTHERLY R/W LINE OF A 30 FOOT R/W FOR DRAINAGE AND UTILITIES SHOWN ON PLAT
OF SILVER RIDGE SUBDIVISION UNIT 1, AS RECORDED IN MAP BOOK 25, PAGE 87, PUBLIC
RECORDS OF VOLUSIA COUNTY,FLORIDA,THENCE S 78*19'29 W,ALONG SAID SOUTHERLY RM
LINE,A DISTANCE OF 277.45 FEET TO THE EASTERLY R/W LINE OF A 30'RAN FOR DRAINAGE AND
UTILITIES SHOWN ON SAID PLAT OF SILVER RIDGE SUBDIVISION UNIT 1, THENCE S 26°41'41"E,
ALONG SAID EASTERLY RM LINE,A DISTANCE OF 313.45 FEET FOR THE POINT OF BEGINNING,
THENCE CONTINUE S 26°4141"E ALONG SAID EASTERLY RM LINE A DISTANCE OF 5.75 FEET,
THENCE N 63%%D 18'19" E A DISTANCE OF 15.30 FEET, THENCE S 26°41'41" E A DISTANCE OF
20.00 FEET,THENCE S 63°18'19 WA DISTANCE OF 15.30 FEET TO THE SOUTHERLY R/W LINE OF
THE SAID 30 FOOT R/W FOR DRAINAGE AND UTILITIES, THENCE S 2604141"E, ALONG SAID
SOUTHERLY R/W LINE A DISTANCE OF 219.01 FEET TO THE NORTHERLY R/W LINE OF OAK
BRANCH DRIVE,A 70 FOOT R/W SHOWN ON THE PLAT OF MAJESTIC OAKS SUBDIVISION, PHASE
1,AS RECORDED IN MAP BOOK 49,PAGE 99, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA,
THENCE N 62°35'02"E,ALONG SAID NORTHERLY RAN LINE,A DISTANCE OF 268.11 FEET TO THE
WESTERLY R/W LINE OF US HIGHWAY NO 1,THENCE N 26°41'41"W ALONG SAID WESTERLY R/W
LINE A DISTANCE OF 244.74 FEET,THENCE S 62%%D35'02"W,A DISTANCE OF 267.99 FEET,MORE
OR LESS,TO THE POINT OF BEGINNING. CONTAINING 1.50 ACRES MORE OR LESS.
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EXHIBIT"C"
Prepared by: Bonnie Zloba,City Clerk
City of Edgewater
104 N.Riverside Drive
Edgewater,FL 32132
BUSINESS PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
FIRST BUSINESS PARK .
THIS AGREEMENT is made and entered into this ar C' day of 2024
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and, Vincenzo Donnici,whose mailing address is 1734 Spottswoode Court,
Port Orange Florida 32128, (herein after referred to as " Developer"). The purpose of this
Agreement is to define the terms and conditions granting the development approval of the subject
property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration,the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 3.679f acres located at 2360 South
Ridgewood Avenue,in Edgewater,Volusia County,Florida.The legal description of the property
is attached hereto as Exhibit"A" -Legal Description.The record owner of the subject property
is Shree Jaybhola Inc.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Conceptual Plan(Exhibit"B")within
twenty-four(24)months of the effective date of this Agreement.Developer must receive site plan
approval form the City prior to commencing construction. Developer's failure to initiate
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construction within the timeframe identified herein shall result in the City's termination of the
Agreement. The Agreement may be extended by mutual consent of the governing body and the
Developer,subject to a public hearing.Commencement of construction means to begin performing
onsite modification, fabrication, erection or installation of a treatment facility or a conveyance
system for the discharge of wastes and on-site modification,fabrication,erection or installation of
a treatment facility or a transmission system for the conveyance of potable water. Land clearing
and site preparation activities related to this construction are not included herein;however,before
undertaking land clearing activities,other permits for stonmwater discharges from the site may be
required.Final approval shall include,but not be limited to utilities,stormwater,traffic,fire rescue,
hydrants,law enforcement,environmental, solid waste containment,and planning elements.
3. DEVELOPMENT STANDARDS-
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC).Final project approval may
be subject to change based upon final environmental, permitting, and planning considerations
and/or Federal and State regulatory agencies permit requirements.
a. Floor to Area
The maximum allowable square footage is 80,128 square feet under the Commercial Future
Land Use Designation that has a Floor to Area Ratio of.5.The number of commercial units based
on the Master Development Plan is 24. At the discretion of the owner/developer, units may be
combined to reduce the overall number of business units in First Business Park.However,no more
than 24 commercial units are allowed.
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b. Development Uses Permitted
Art Gallery
Bakery
Bicycle repair and sales
Brewery/Bar/Lounge
Building Material Sales
Dispensing Facility
Government Facilities
General Retail: No more than four (4) units may be allowed to operate a business that falls
within the general retail category.
Contractor Retail including but not limited to sales and wholesale of parts equipment, and
supplies for: plumbing, electrical, building and construction, air condition, home appliances,
outdoors and indoor recreation,gardening and landscaping.
Contractor Flex Space(Self storage/warehousing,office,retail, fabrication,and production)—
examples include trades such as but not exclusive to electricians,plumbers,HVAC, painters,
etc.The Development Services Director reserves the right to review and approve or deny based
upon the associated business and its correlation to a trade profession.
Health Facilities
Hobby shop
Laboratories
Office Buildings,public or private
Personal Service Facilities
Warehouses and Distribution Centers
Wholesale Establishment
Woodworking and furniture making
Machine Shop/Repair
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Food and Beverage Production
Research and Development
c. Development Uses Conditional
Uses not listed above are considered conditional and are subject to review and approval from the
Development Services Director based on usage type, intensity, and compatibility without
amending this BPUD.
d. Outdoor Uses Prohibited
Outdoor storage of goods and property shall be prohibited.All uses shall occur inside of the units
with no outdoor operations allowed.
e. Minimum Site Development Standards
Front building setback:(Ridgewood Ave.)—40 feet
Rear: (West) building setback—40 feet
Side: (North)building setback—40 feet
Side Corner: (Oak Branch Dr.)building setback—30 feet
Maximum Height: 30 feet
Maximum Building Coverage 60%
Maximum Impervious Coverage 75%
f. Landscape Buffer
Canopy trees shall be defined as a tree with a caliper of 2.5",twelve(12)feet in height at
the time of planting and shall grow to a minimum of twenty-five (25) feet in height and
fifteen(15)feet in width.Understory trees shall be defined as a tree with a caliper of 1.5",
8 feet in height at the time of planting and shall grow to a minimum of fifteen(15)feet in
height and ten(10)feet in width. Shrubs shall be defined as three(3)gallon plants with a
minimum height of eighteen(18) inches at the time of planting.
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a. Rear(West): Minimum landscape buffer shall be a minimum of twenty feet(20') in width
and consist of one (1)canopy tree per fifty(30')linear feet with two (2)understory trees per
twenty(20')linear feet,and sixty(60)shrubs per one hundred(100) linear feet. A minimum
of 50%of the required plantings in this landscape buffer shall be native vegetation as defined
by the University of Florida Institute of Food and Agricultural Sciences.To maintain a
natural look,trees and shrubs shall be placed in an organic or curvilinear manner.Linear
arrangements are prohibited.A six foot(6')vinyl fence shall be required.
b. Front(Ridgewood Ave.):Minimum landscape buffer shall be ten(10') in width and shall
conform the Article XX of the Land Development Code.
c. Side(North):Minimum landscape buffer shall be a minimum of ten(10') in width and
consist of one(1)canopy tree per thirty(30') linear feet with one(1)understory trees per
fifteen linear feet(15'),and fifty(50)shrubs per one hundred(100)lineal feet.A minimum
of 50%of the required plantings in this landscape buffer shall be native vegetation as defined
by the University of Florida Institute of Food and Agricultural Sciences.To maintain a
natural look,trees and shrubs shall be placed in an organic or curvilinear manner that is
similar to and consistent with natural adjoining areas,which have been preserved. Linear
arrangements are prohibited:
d. Side Corner(Oak Branch Drive):Minimum landscape buffer shall be a minimum of ten(10')
in width and consist of one(1)canopy tree per thirty(30') linear feet with one(1) understory
trees per fifteen linear feet(15'), and fifty(50)shrubs per one hundred(100) lineal feet.A
minimum of 50%of the required plantings in this landscape buffer shall be native vegetation
as defined by the University of Florida Institute of Food and Agricultural Sciences.To
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maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner
that is similar to and consistent with natural adjoining areas,which have been preserved.
Linear arrangements are prohibited.
g. Parking
Ninety(90)parking spaces will be required with a minimum size of ten(10') feet in width by
twenty (20') feet in length. Three point seven five (3.75)parking spaces are required per unit.A
minimum of four handicap spaces meeting ADA requirements will be required inclusive.of the
ninety (90)parking spaces required. The location and number of parking spaces in a row shall be
permitted per Exhibit`B" Conceptual Plan. Parking areas shall be designed so that no more than
ten(10)spaces in a row occur,and shall have a minimum two hundred(200)square foot landscape
inland in between. All other parking requirements shall meet the Land Development Code. The
owner shall require each lessee or owner to apply for a Business Tax Receipt with the number of
parking spaces required for the said business. Current owner, lessee, or future owners understand
parking will be calculated per each use based upon the current parking table found in Article V of
the City of Edgewater Land Development Code. In the event more parking spaces are used per
unit, the Current Owner, and all future owners understand that the uses may be restricted based
upon available and allocated parking regardless of the approved uses in Section 3b of this
agreement.
h. Trees
The Developer shall meet the minimum tree standards as set forth in the current Land Development
Code.Tree requirements within the landscape buffers and parking islands shall count towards the
required number of trees.
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i. Landscaping and Irrigation
Landscaping, buffer yard specifications, and irrigation plans for common areas must be
submitted with final construction plans and shall comply with the current LDC.
Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
j. Facade
a. Facade treatments shall adhere to Article XX of the Land Development Code.
k. Entrance to Development
Two (2) entrances,per Exhibit "B" Conceptual Plan, shall be permitted for accessing the
development.
1. Signage
Signage will be located along Ridgewood Ave,not within the right-of-way,and shall meet
the current City LDC.
m. Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of a
Centralized Mail Delivery System(s)with lighted pull-off area.
n. Easements
It is not contemplated that any additional easements shall be required and all existing
utility/access easements presently identified shall remain unless released by the City of
Edgewater.
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4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Commercial and the zoning designation is BPUD
(Business Planned Unit Development) as defined in the City Land Development Code. The City
of Edgewater's permitted uses for BPUD (Residential Planned Unit Development) are applicable
to the development of the property and consistent with the adopted Comprehensive Plan/Future
Land Use Map.
5. PUBLIC FACILITIES
All utility services shall be underground.
All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal,state,and local standards.
A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
Developer, at the time of development, shall provide all public facilities to support this
project including the following:
a. Water Distribution System including fire hydrants. Developer agrees to connect to
and utilize the City's water distribution system at nearest point of connection. All
water distribution systems shall be"looped" wherever possible in order to prevent
any future stagnation of water supply. All water main distribution system
improvements will be installed by the Developer and conveyed to the City by Bill
of Sale in a form acceptable to the City and dedicated to the City prior to or at time
of Certificate of Occupancy. Water capacity shall be reserved for a period not to
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exceed twenty-four(24)months from the date the City signs the FDEP and/or DOH
Water Application.
b. Sewage Collection and Transmission System. Developer agrees to connect to and
utilize the City's wastewater transmission and collection system. All wastewater
collection and transmission system improvements will be installed by the
Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of Certificate of Occupancy. Sewer
capacity shall be reserved for a period not to exceed twenty-four(24)months from
the date the City signs the FDEP Wastewater Application.
c. Stormwater collection/treatment system, including outfall system. The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
Management District and the City of Edgewater LDC.The pond(s)will be owned
and maintained by the Homeowners Association(HOA). Developer is required to
provide an outfall to a publicly owned or controlled drainage conveyance system,
and obtain an off-site drainage easement space if necessary. The on-site 100-year
flood elevation shall be established to the satisfaction of the Flood Plain Manager
or FEMA. Compensatory Storage shall be provided for per the requirements set
forth in Article IV(Resource Protection Standards)of the LDC,as may be amended
from time to time.
d. Reclaimed Water Distribution System. The City has determined that reclaimed
water may be available in the foreseeable future. Therefore, the Developer shall
install a central reclaimed water irrigation distribution system constructed to City
standards and convey to the City by Bill of Sale in a form acceptable to the City
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and dedicated to the City.Water will be provided initially by onsite irrigation wells,
potable water,or surface water withdrawal until reclaimed water is available to the
Development and all irrigation systems shall be approved by all applicable
regulatory agencies. Once reclaim is provided to the area the development must
covert irrigation systems to the reclaim water system within 180 days of written
notice by the City to the Developer.
e. All permanent markings and signage shall comply with Florida Department of
Transportation (FDOT) standards. Enhanced special signage may be used if it
meets FDOT standards and approved by the City.
6. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. City Impact Fees and Connection Fees shall be paid at Building Permit issuance for
each dwelling unit at the prevailing rate authorized at the time of payment.
b. Volusia County Road and School Impact fees(if deemed applicable by the Volusia
County School District)shall be paid to County by applicant with proof of payment
provided to the City prior to a Building Certificate of Occupancy.
7. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption.Permits may
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include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission.
2. City of Edgewater—Site Plan approval,all applicable clearing,removal,construction and
building permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal
review, engineering review, inspections of required infrastructure improvements, and the review
and approval of the site plan related to the development,including recording fees.
10. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified,or waived
unless such modification, amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
11. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions,terms,restrictions or other requirements
determined to be necessary by the City for the public health,safety or welfare of its citizens.
12. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute,the issue shall be scheduled for the City Council agenda.The action of the City
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Council is the final authority concerning this Agreement.
13. PERFORMANCE GUARANTEES
During the term of this Agreement, regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with,or contrary to,this Agreement.
14. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans,shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm,corporation,or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall
be administered in a manner consistent with the laws of the State of Florida.
15. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County.The cost of recording shall be paid by the Developer.
16. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement.If the City finds on the basis of competent substantial
evidence that there has been a failure to materially comply with the terms of this Agreement,the
Agreement may be revoked or modified by the City. Any such revocation or modification shall
only occur after the City has notified the Developer in writing of Developer's failure to materially
comply with the terms of this Agreement and Developer fails to cure such breach after receiving
written notice and a reasonable opportunity to cure such breach from the City.
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17. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
19. 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.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment. Substantial changes, as determined by the City Manager, shall
require City Council approval.
20. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
21. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
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22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only,and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction,or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence,phrase,paragraph,provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate,distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF E GEWATER,FLORIDA
v
By:
Tognie-2;lbtnik Diezel Depew
� �ift-Clerk CIVIC Mayor
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WITNESSES: F;nter Developer/Company Name.
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Printed Name: _ ,1c_ '� 7N nitlifU(�'I Inter tiie_ncr� yarns. C��z
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Address: �4(]�� u. ,YO,BMn�a� �Ca�. Q� I rater si,,ner� Address.
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Printed Name: to A<<kA
Address: ('C xu Q,O�I� •�1�2 t 3dP8 rt.
STATE OF FLORIDA
COUNTY OF VOLUSIA
Sworn to(or affinned) and subscribed before me by means of O physical presence or El
online notarization,this-2—L day of ECG � ,20 U, by Vi~49:o -VaWWG '
who is O Personally Known OR who WroducedF,b„,Wr, y,/Vn,- s Identification.
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Signal re of Notary Public RENIKA IWIIH CURK
MY COMMISSION 4 HH 4UM
EXPIRES.October9,2W
Stamp/Seal WA
2024-0-44 FIRST BUSINESS PARK 20
13PUD Agreement
Instrument#2024231456#21 Book:8639 Page:3741
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 2A
PORTION OF SECTION 2,TOWNSHIP 18,RANGE 34E,VOLUSIA COUNTY,FLORIDA,DESCRIBED AS FOLLOWS
COMMENCE AT AN IRON PIN ON THE NE CORNER OF THE SW 1/4 OF THE NE 1/4(ALSO DESCRIBED AS THE
NW CORNER OF US GOVERNMENT LOT 7),THENCE NOO"21'54"W ALONG THE NORTHERLY PROLONGATION
OF THE EAST LINE OF THE SW 1/4 OF THE NE 1/4,A DISTANCE OF 23.74 FEET TO THE WESTERLY RNV LINE
OF US HIGHWAY NO 1,A 158 FOOT RNVAS NOW LAID OUT,THENCE N 26-41-41"W,ALONG SAID WESTERLY
R/W LINE A DISTANCE OF 64.39 FEET TO THE SOUTHERLY R/W LINE OF A 30 FOOT RNV FOR DRAINAGE AND
UTILITIES SHOWN ON THE PLAT OF SILVER RIDGE SUBDIVISION UNIT 1, AS RECORDED IN MAP BOOK 25,
PAGE 87. PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, FOR THE POINT OF BEGINNING, THENCE S
78°19'29"W,ALONG SAID SOUTHERLY RNV LINE,A DISTANCE OF 277.45 FEET TO THE EASTERLY RNV LINE
OF A 30 FOOT RNV FOR DRAINAGE AND UTILITIES SHOWN ON SAID PLAT OF SILVER RIDGE SUBDIVISION
UNIT 1, THENCE S 26°41'41" E, ALONG SAID EASTERLY RNV LINE A DISTANCE OF 313.45 FEET, THENCE N
62"35'02"E,A DISTANCE OF 267.99 FEET MORE OR LESS,TO THE WESTERLY R/W LINE OF US HIGHWAY NO
1,THENCE N 26-41.41"W,ALONG SAID WESTERLY RNV LINE,A DISTANCE OF 238.17 FEET MORE OR LESS,
TO THE POINT OF BEGINNING.
PARCEL26
PORTION OF SECTION 2, TOWNSHIP 18S, RANGE 34E, VOLUSIA COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS.
COMMENCE AT AN IRON PIN ON THE NE CORNER OF THE SW 1/4 OF ME NE 1/4(ALSO DESCRIBED AS THE
NW CORNER OF US GOVERNMENT LOT 7),THENCE N 00°21'54 W,ALONG THE NORTHERLY PROLONGATION
OF THE EAST LINE OF THE SW 1/4 OF THE NE 1/4,A DISTANCE OF 23.74 FEET TO THE WESTERLY RNV LINE
OF US HIGHWAY NO 1,A 158 FOOT R/WAS NOW LAID OUT,THENCE N 26°41'41"W,ALONG SAID WESTERLY
R/W LINE A DISTANCE OF 64.39 FEET TO THE SOUTHERLY R/W LINE OF A 30 FOOT RtW FOR DRAINAGE AND
UTILITIES SHOWN ON PLAT OF SILVER RIDGE SUBDIVISION UNIT 1,AS RECORDED IN MAP BOOK25, PAGE
87,PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,THENCE S 78°19'29 W,ALONG SAID SOUTHERLY RNV
LINE,A DISTANCE OF 277.45 FEET TO THE EASTERLY RNV LINE OF A 30'R/W FOR DRAINAGE AND UTILITIES
SHOWN ON SAID PLAT OF SILVER RIDGE SUBDIVISION UNIT 1, THENCE S 26`41'41"E, ALONG SAID
EASTERLY R/W LINE, A DISTANCE OF 313.45 FEET FOR THE POINT OF BEGINNING, THENCE CONTINUE S
26041'41"E ALONG SAID EASTERLY R/W LINE A DISTANCE OF 5.75 FEET, THENCE N 63%%D 18,19" E A
DISTANCE OF 15.30 FEET, THENCE S 26"41'41" E A DISTANCE OF 20.00 FEET, THENCE S 63°18'19 W A
DISTANCE OF 15.30 FEET TO THE SOUTHERLY R/W LINE OF THE SAID 30 FOOT R/W FOR DRAINAGE AND
UTILITIES,THENCE S 26°41'41"E, ALONG SAID SOUTHERLY RNV LINE A DISTANCE OF 219.01 FEET TO THE
NORTHERLY RNV LINE OF OAK BRANCH DRIVE, A 70 FOOT R/W SHOWN ON THE PLAT OF MAJESTIC OAKS
SUBDIVISION,PHASE 1,AS RECORDED IN MAP BOOK49,PAGE 99,PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA,THENCE N 62°35'02"E,ALONG SAID NORTHERLY R/W LINE,A DISTANCE OF 268.11 FEET TO THE
WESTERLY R/W LINE OF US HIGHWAY NO 1, THENCE N 26"41'41"W ALONG SAID WESTERLY R/W LINE A
DISTANCE OF 244.74 FEET,THENCE S 62%%D35'02"W,A DISTANCE OF 267.99 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.CONTAINING 1.50 ACRES MORE OR LESS.
2024-0-44 FIRST BUSINESS PARK 21
BPUD Agreement
Instrument#2024231456#22 Book:8639 Page:3742 Laura E. Roth,Volusia County Clerk of Court
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