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2010-O-0303/08/2010 02:35 PH .� Instnaerltt 2010-040810 t 1 ORDINANCE NO. 2010-0-03 Q Book: 6452 Page: 3296 AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AMENDING AND RESTATING THE PREVIOUSLY ADOPTED DEVELOPMENT ORDER APPROVED PURSUANT TO SECTION 380.06, FLORIDA STATUTES FOR THE RESTORATION DEVELOPMENT OF REGIONAL IMPACT FOR REAL PROPERTY GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF I-95 AND SR 442; PROVIDING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABLITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 380 ofthe Florida Statutes, the Applicant has submitted a Development of Regional Impact Application for Development Approval to the East Central Florida Regional Planning Council (ECFRPC); and WHEREAS, the ECFRPC has completed their review and issued a recommendation for approval; and WHEREAS, the City approved the issuance of a Development of Regional Impact Development Order (DRI DO) for the RESTORATION DRI at the February 2, 2009 regular City of Edgewater City Council meeting, by Ordinance No. 2008-0-15; and WHEREAS, the Florida Department of Community Affairs (DCA) submitted a PETITION FOR APPEAL OF A DEVELOPMENT ORDER to the Florida Land and Water Adjudicatory Commission on April 9, 2009 hereby described in Exhibit A; and WHEREAS, the amendments and restating of said DO shall support and be consistent with the remedial amendments adopted pursuant to the Stipulated Settlement Agreement for the Restoration DRI; and & 81E UIFeugh passages are deleted. Underlined passages are added. #2010-0-03 Instnaentf 2010-Mlo 13 CBook: 6452 V Page: 3298 PART C. PUBLIC HEARINGS. The City Council shall hold at least two advertised public hearings on the proposed amended and restated DRI DO for the RESTORATION DRI. PART D. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART E. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART F. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. ADOPTION. After a motion by Councilwoman Rhodes with second by Councilman Cooper, the vote on first reading of this ordinance held on January 25, 2010 is as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X Sty passages are deleted. 3 Underlined passages are added. N2010-0-03 Irlstnnmtf 2010-040810 t 4 Book: 6452 Page: 3299 During the February 8, 2010 Council meeting, under Agenda Item #5 — Approval or Changes/Modifications to the Agenda, a Motion was made to re -schedule for the February 23, 2010 meeting by Councilwoman Rhodes and Second by Councilwoman Rogers, with the vote as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper After a motion by ID aLhh�withsecondb7&.v1WonanRhodes ,the vote on second reading/public hearing of this ordinance is as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X Struek-0rreuo passages are deleted. 4 Underlined passages are added. #2010-0-03 Instruamtl 2010-040010 A 5 OBook: 6452 Page: 3300 PASSED AND DULY ADOPTED this 23n° day of February, 2010. ATTEST: Tom. Uolu2s) Bonnie Wenzel City Clerk �Ru`1i fi ! � 7 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch gtmek-daeagh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 23rd day of February, 2010 under Agenda Item No. #2010-0-03 Instruent# 2010-040610 i 6 '� ^1 Book: 6452 Page: 3301 EXHIBIT A 8tmek dwaugh passages are deleted. Underline passages are added. #2010-0-03 Instrumt# 2010-040810 a 7 "Book: 6452 �' Page: 3302 STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, V. Case No. Project No. ADA-06-2007-11 CITY OF EDGEWATER, a political subdivision of the State of Florida; Respondent. DEPARTMENT OF COMMUNITY AFFAIRS' PETITION FOR APPEAL OF A DEVELOPMENT ORDER The DEPARTMENT OF COMMUNITY AFFAIRS ("Department'), by and through its undersigned attorney and pursuant to Section 380.07, Florida Statutes and Rules 91-2.026 & 42-2.002, Florida Administrative Code, appeals a Development Order ("D.O.") adopted on February 2, 2009, by Ordinance 2008-0-15 by the City Council of the City of Edgewater. This Ordinance, granting Development of Regional Impact Development Order, DCA Project No. ADA-06-2007-11, was rendered to the Department February 23, 2009 and received by the Department on February 26, 2009. In support of this appeal, the Department states: Parties Petitioner Department of Community Affairs is the state land planning agency with the power and duty to enforce and administer Chapter 380, Florida Statutes, "The Florida Environmental Land and Water Management Act of 1972," which includes provisions relating to Developments of Regional Impact ("DRI"). Fla. Star §§ 380.031(18) & 380.032. The Department has the authority to appeal any local government development order regarding a DRI within forty-five days after the development order is rendered to the Department. Fla. Admin. Instrusentil 2010-040810 8 8 ^)Book: 6452 J Page: 3303 Code r. 9J-2.026; Fla. Stat. § 380.07(2). 2. Exhibit A, appended hereto and incorporated herein by reference, details the owners of the parcels of real property which is more particularly described in the property descriptions in Exhibit B, also appended hereto and incorporated by reference. 3. Hammock Creek Omen, LLC ("Developer") is the developer for the project to be constructed on the property referenced and identified immediately above in paragraph 2. 4. The City of Edgewater is a political subdivision of the State of Florida and, through its City Council, is responsible for issuing development orders for development within the City of Edgewater. Fla. Stat. § 163.3171. The City of Edgewater issued the development order that is the subject of this appeal. Backeround 5. The City of Edgewater is located adjacent to the Atlantic Ocean in Volusia County Florida, directly south of New Smyrna Beach. 6. On February 2, 2009 the City of Edgewater, pursuant to Chapter 380, Florida Statutes, adopted the Development Order for a development known as the Restoration DRI (D.O.). The D.O. approved a Development of Regional Impact as that term is used in Chapter 380, Florida Statutes. 7. The Restoration DRI, as approved by the D.O., occupies 5,187 acres of environmentally sensitive land in the western portion of the City of Edgewater located directly to the west of Interstate 95. A map showing the general location of the property is incorporated herein by reference and attached hereto as Exhibit C. 8. The Edgewater DRI is approved for a maximum of 4,409 single family residential 2 Imtnment6 2010-MIO 1 9 1 Book: 6452 ....// Page: 3304 units (with potential for an additional 882 accessory dwelling units), 4,091 multifamily residential units, 1,308,720 square feet of retail commercial, and 1,904,443 square feet general office. Additionally, the project includes sites for two public schools. 9. The project is approved for development in three phases', with the buildout date of the project being 2028. The expiration date of the Development Order is February 2, 2029. Consistency with the local Comprehensive Plan 10. Paragraphs one (1) through nine (9) are realleged and incorporated by this reference as if fully set forth herein. 11. The Restoration D.O. is inconsistent with the City of Edgewater Comprehensive Plan, which in turn makes it inconsistent with the provisions of Section 380.06(14)(a), Florida Statutes, and Rule 9J-2.025(3)(b)6.c, Florida Administrative Code. The Department issued a notice of intent to find the City of Edgewater 09-DI amendment related to the Restoration DRI not -in compliance on March 30, 2009. Therefore, the map and text amendments to support the Restoration DRI are not in effect and the land use designation for the property remains Forestry Resource and Environmental Systems Corridor. This category does not allow the types and density and intensity of uses proposed by the DRI. 12. In addition, based on lack of adequate mitigation to address transportation, natural resource protection, public facilities, and affordable housing the D.O. is further inconsistent with the adopted Comprehensive Plan. Specifically, the D.O. is inconsistent with Future Land Use Element Policies 1.2.7, 1.3.2, and 1.63, and Conservation Element Policies 1.3.3 and 1.6.4. Transportation Issues l3. Paragraphs one (1) through nine (9) are realleged and incorporated by this Iristruwrltf 2010-040810 # 10 Book: 6452 /'� D Page: 3305 reference as if fully set forth herein. 14. Section 380.06(15), F.S. dictates what provisions must be included in a D.O. to adequately address a DRI's impact on transportation facilities. Section 380.06(15)(e)2, F.S. states that a local government shall not approve a DR( that does not make adequate provision for the public facilities needed to accommodate the impacts of the proposed development. Section 380.06(15)(d)3, F.S., requires that any funds or lands contributed by the developer must be expressly designated and used to mitigate impacts reasonably attributable to the proposed development. 15. As permitted by Section 163.3180(12), F.S., a multiuse development of regional impact may satisfy the transportation concurrency requirements of the local comprehensive plan, the local governments' concurtency management system, and Section 380.06, Florida Statutes, by payment of a proportionate -share contribution' for local and regionally significant traffic impacts. The Restoration DRI is relying on this section to satisfy the requirements of Section 380.06, F.S., listed above. Restoration is anticipated to have a significant impact on one link of State Road 421 in Phase I as well as significant impacts to several Interstate 95 ramps and intersections. Although the D.O. identifies the facilities for which the developer will have complete or partial funding responsibility it does not comply with Section 163.3180(12), F.S. 16. 'The D.O. fails to identify the proportionate share contribution for which the developer is responsible. It therefore cannot be determined if the proportionate share contribution is sufficient to pay for one or more required mobility improvements that will benefit a regionally significant transportation facility. Further, the D.O. does not assure payment of the Phase I is divided into two 5-year sub -phases in the Transportation portion of the development order Instrucentil 2010-040810 A 11 Book: 6452 Page: 3306 proportionate share contribution. 17. The D.O. requires the developer to enter into an agreement for improvements to state facilities, however the agreement is not required to be included as a part of the D.O. Therefore the D.O. is inconsistent with Section 380.06(15)(e)2, F.S., which requires a DRI to make adequate provision for the public facilities needed to accommodate the impacts of the proposed development prior to approval by the local government. 18. For the reasons stated above, the D.O. is inconsistent with the City of Edgewater Comprehensive Plan including Policies 1.3.2 and 1.6.3 of the Future Land Use Element regarding transportation issues. 19. Based on the foregoing failure to expressly designate proportionate slime contributions for local and regionally significant traffic impacts reasonably attributed to the proposed development, the D.O. does not conform to the requirements of state statutes, is not consistent with the intent and purposes of Section 163.3180(12) and Section 380.06(15), and should be declared invalid as a violation of Chapters 163 and 380, Florida Statutes and Rule 9J- 2, Florida Administrative Code. 20. In addition the D.O. is inconsistent with the State Comprehensive Plan set forth in Section 187.201, F.S., as it relates to transportation facilities, specifically Goals (I7)(a), (19)(a) and (25)(a) as well as Policies (17xb)3, (17)(b)7, (19)(b)9 and (19xb)13. Natural Resource Protection 21. Paragraphs one (1) through nine (9) are realleged and incorporated by this reference as if fully set forth herein. Rule 9)-2.045(2)(h) defines proportionate share wntribution and how that proportionate share contribution shall be calculated. Irstrureda 2010-040g10 a 12 �: Book: 6452 `) Page: 3307 22. Chapter 390 of the Florida Statutes is designed to guide and coordinate decisions relating to growth and development in such a manner as to protect the natural resources and environment of the state, to ensure a water management system that will reverse the deterioration of water quality and to provide optimum utilization of our limited water resources. § 380.021 Florida Statutes, Rule 91-2.040, Florida Administrative Code. Rule 91-2.041(3), F.A.C., requires a development order to contain preservation and mitigation standards and criteria to address impacts on state and regionally significant resources, wildlife species and listed wildlife species habitat. The D.O. does not meet this standard. 23. The DRI site includes wetlands, floodplains, listed wildlife species and listed wildlife species habitat throughout the entire 5,182-acre site. Condition 8 of the D.O. requires a Site Mitigation and Management Plan ("SMMP") to address mitigation for impacts to regional and state environmental resources. This includes restoration and management of impacted habitats for listed wildlife species on the project site, protection of Volusia County Environmental Core Overlay lands within and adjacent to the site including the Spruce Creek Swamp floodplain, restoration of natural drainage on the sight, protection of wetlands, preservation, restoration and management of upland habitats, and other environmental mitigation measures. The SMMP is not incorporated into the D.O., therefore the D.O. is not consistent with 9J-2.041, F.A.C. 24. Section 380.06(19)(a), F.S. states that "Any proposed change to a previously approved development which creates a reasonable likelihood of additional regional impact... shall constitute a substantial deviation and shall cause the proposed change to be subject to further development -of -regional -impact review." The adoption of the SMMP clearly Instnxfflt# 2010-1M(I810 a 13 Book: 6452 �./ Page: 3308 constitutes a change to an approved development and should therefore be reviewed to determine its impacts, if any. However, without addressing whether or not the SMMP may potentially have regional impacts, the D.O. asserts that it shall be a "nonsubstantial deviation," thus circumventing any DCA review of the SMMP's impacts. This is inconsistent with Section 380.06(19), and precludes any meaningful review of the SMMP by state, regional or local agencies. 25. The D.O. requires the SMMP to be adopted in afuture amendment to the D.O pursuant to Section 380.06(19), Florida Statutes. The D.O. describes the process for the review and adoption of the SMMP. This process, as outlined in the D.O., requires review of the SMMP by the City, the Regional Planning Council, and some of the environmental agencies currently involved with reviewing the DRI. This initial review occurs prior to its being proposed as a D.O. amendment. Neither the Department nor the Florida Department of Environmental protection is included in this review of the SMMP. Further, the D.O. predetermines that the amendment adopting the SMMP will be "submitted and reviewed as a nonsubstantial deviation and processed as a Notice of Proposed Change." (emphasis added). 26. The approved development is anticipated to impact approximately 585 acres of wetlands. Condition 9(c) of the D.O. allows for changes to the wetland impacts. However, the D.O. also assumes that if these changes to the wetlands are permitted then they are deemed approved and incorporated by reference into the D.O. and the SMMP without the need for an amendment to either document. Thus, reviewing agencies would be precluded from addressing any additional wetland impacts, therefore barring the Department from determining consistency with Section 380.06, F.S., and Rule 9.1-2, F.A.C. Irstruentt 2010-040810 of 14 -- Book: 6452 Page: 3309 27. Additionally, the D.O. does not specifically address the timing of the adoption of the SMMP or other conservation measures. The D.O. requires the developer to integrate both source control and treatment train approaches to protecting wetlands and water quality, but there is no timing or geographic phasing of these controls to protect water quality and wetland protections. The D.O. requires the developer to provide conservation easements on the site for preserved areas, however the easements are only required to be conveyed within five years of the adoption of the D.O. This could potentially result in unmitigated impacts because the timing of the easements is not required to be simultaneous with development. 28. The D.O. is in violation of Section 380.021 and Rule 9J-2.041(3)(b), F. A.C. because it does not adequately address impacts on listed wildlife species listed wildlife habitats, floodplains, and wetlands. The DR] site includes listed species as defined in Rule 9J- 2.041(2)(m), F.A.C., along with wetlands and floodplains and is subject to review to determine what adverse impacts the development may have upon these resources. Because the D.O. relies primarily on the to-be-adopted-SMMP (which, as stated in paragraph 18 would not be subject to any meaningful review), it does not adequately address impacts to listed wildlife species, floodplains and wetlands and therefore is in violation of Section 380.021, F.S., and Rule 9J-2, F.A.C. 29. The D.O. does not comply with the requirements of Rule 9J-2.040(3)(b), F.A.C., which states that the goals, policies and objectives of the applicable local plan shall be utilized in development review wherever a resource or facility specific DR-1 Standard rule does not establish a planning standard. The City of Edgewater Comprehensive Plan does address wetlands and floodplains, and the Restoration D.O. is inconsistent with the Comprehensive Plan goals, Instru entt 2010-04MIO 1 15 Book: 6452 Page: 3310 objectives and policies including Conservation Element Policies 1.3.3 and 1.6.4 as well as Future Land Use Element Policy 1.2.7. 30. In addition the D.O. is inconsistent with the State Comprehensive Plan set forth in Section 187.201, F.S. as it relates to natural resources of the state, specifically Goals (7)(a), (9)(a), (15)(a) and (25)(a) and Policies (7)(b)8, (7)(b)l0, (9)(b)l, (9)(b)3, (9)(b)7 and (I5)(b)(6). Water Supply 31. Paragraphs one (1) through nine (9) are realleged and incorporated by this reference as if fully set forth herein. 32. Section 187.201(7)(b)5, F.S. states that new development shall be compatible with existing local and regional water supplies. 33. Rule 9J-2.040(3)(b), F.A.C. states that the D.O. must be compatible with state, regional and local plans. 34. The D.O. states that the City has adequate water supplies for Phase 1. This contradicts data and analysis showing that the City's Consumptive Use Permit (CUP) is not adequate to support the additional projected potable water demand generated by this development. The D.O. does not demonstrate how the long term potable water supply need pursuant to the St. Johns River Water Management District's 2005 Regional Water Supply Plan will be met. The D.O. states that the City does not guarantee any supply beyond the limits of the current consumptive use permit which will not be sufficient supply to address the entire development. The D.O. states that development beyond Phase I will not commence "until an adequate water supply source is identified that will support the amount of development proposed for each subsequent phase." Notwithstanding the need for this supply in Phase 1, the D.O. does Instrument# 2010-MIO t 16 "1 Book: 6452 •J Page: 331 1 not require any amendment to acknowledge how this supply will be met for future phases or to reflect the City's commitment to supply potable water if or when it is available. The D.O. calls for the developer to develop and implement best management practices for water conservation without any timing for the implementation of the requirement. The D.O. lacks provisions to ensure adequate water supply for the development in violation of the Comprehensive Plan Future Land Use Element Policy 1.3.2. Based on the lack of demonstrated water supply and timing for mitigation, the D.O. is not consistent with Sections 187.201(7)(b)5, 187.201(7)(a) and 187.201 (25)(a) F.S. and Rule 9J-2.040(3)(b), F.A.C. Public Facilities 35. Paragraphs one (1) through nine (9) are realleged and incorporated by this reference as if fully set forth herein. 36. Section 380.06(15)(e)2 F.S. states that "a local government shall not approve a DRI that does not make adequate provision for the public facilities needed to accommodate the impacts of the proposed development unless the local government includes in the [D.O.] a commitment by the local government to provide these facilities consistently with the development schedule approved in the development order... Any funds or lands contributed by a developer must be expressly designated and used to accommodate impacts reasonably attributable to the proposed development." 37. The D.O. does not include a commitment by the local government or developer for all of the potable water facilities needed to support the development. The D.O. requires the developer to pay for testing for additional wells onsite, and for transmission, but not for the wells and associated facilities. Additionally, an expansion of the existing water reclamation facility or IF InstrumeMi 2010-MIO It 17 ^1 Book: 6452 �J Page: 3312 a new reclaimed water facility is needed to support the project. The D.O. commits the developer to provide for the installation of reuse infrastructure; however there is no timing for the Funding expressly designated or source of funding for the reuse infrastructure or the testing of wells and transmission lines. Therefore, the D.O. is inconsistent with Section 380.06(15)(e)2 F.S. 38. In addition the D.O. is inconsistent with the State Comprehensive Plan set forth in Section 187.201, F.S., as it relates to public facilities, specifically Goal (17)(a) and Policy (I7)(b)7. Affordable Housiva 39. Paragraphs one (1) through nine (9) are realleged and incorporated by this reference as if fully set forth herein. 40. The D.O. is inconsistent with the requirements of Section 380.06, F.S, as it relates to affordable housing and Rule 9J-2.048, F.A.C. Condition 12 of the D.O. acknowledges that the "affordable housing may be required in all phases of the Restoration development," but defers the determination of the number and type of units to the City's land development code and/or PUD agreement. The City has not demonstrated it has an adopted ordinance addressing work force housing. Therefore, pursuant to Condition 12, the affordable requirements should be based upon the PUD agreement. However the D.O contradicts itself by stating that if the work force housing ordinance is not adopted "prior to such time as affordable housing is warranted within the Project" the developer shall determine the need using the East Central Florida Regional Council's methodology. The D.O. does not require an amendment to reflect any mitigation for affordable housing once the need is identified. 41. The D.O. also does not limit development before the affordable housing Irstrurent0 2010-040810 R 18 Book: 6452 ,J Page: 3313 assessment is required. Additionally, the D.O. requires 10% of the onsite housing within each phase to be developed as sale or rental housing that is affordable to those persons with income between 80 and 140 percent of the median income, but this is not directly linked to the impact of the non-residential developments demand for affordable housing as required by Section 380.06, F.S. and Rule 9.1-2.048, F.A.C. 42. In addition the D.O. is inconsistent with the State Comprehensive Plan set forth in Section 187.201, F.S. as it relates to affordable housing, specifically Goal (4)(a) and policy (4)(b)3. De Novo Hearing 43. The City Council of the City of Edgewater is not an "agency" as defined by Chapter 120, Florida Statues, "The Administrative Procedure Act," and is not required to conduct hearings in the manner prescribed by Chapter 120. The record created during the proceedings below, including the public hearing conducted by the City Council prior to issuing the development, was not full and complete regarding the issues raised herein by the Department and does not comply with the requirements for ensuring procedural due process. The Department respectfully requests that the instant appeal be heard de novo. Conclusion 44. For all of the above reasons, the Department respectfully requests that: A. The Florida Land and Water Adjudicatory Commission accept jurisdiction over this appeal pursuant to Section 380.07, Florida Statutes; and B. The Florida land and Water Adjudicatory Commission refer this appeal to 12 Instrtamtt 2010-04WI0 i 19 Book: 6452 Page: 3314 the Division of Administration Hearings for the assignment of an Administrative Law Judge and for a hearing pursuant to Sections 120.569 and 120.57, Florida Statutes; and C. The Administrative Law Judge enter an order recommending that the Resolutions be declared inconsistent with Chapter 380, Florida Statutes, and Rule 91-2, Florida Administrative Code; and D. The Administrative Law Judge enter an order recommending that permission to proceed under the Ordinance be denied, and setting forth conditions and restrictions, if any, on which development may be allowed; and E. The Florida Land and Water Adjudicatory Commission enter an order declaring that the Ordinance is inconsistent with Chapter 380, Florida Statutes, Rule 9J-2, Florida Administrative Code; and F. The Florida Land and Water Adjudicatory Commission enter an order denying permission to proceed under the Ordinance and specify conditions consistent with the law and intent of Chapter 380, Florida Statutes, under which development may be allowed; and G. The Florida Land and Water Adjudicatory Commission grant such other relief as may be necessary and appropriate to effectuate the intent and provisions of Chapter 380, Florida Statutes, and Rule 91-2, Florida Administrative Code. 13 Irstruient# 2010-04MIO 1 20 C Book: 6452 Page: 3315 RESPECTFULLY SUBMITTED this 9th day of Aprik 2M. Matthew G. Davis Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 (850) 933-1687 Office (850)922-2679 Fax 14 Instrueentl 2010-040810 8 21 Book: 6452 Page: 3316 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were furnished to the persons listed below by the method indicated this 9th day of April, 2009. BY INTER -AGENCY MAIL: The Honorable Charlie Crist, Governor Office of Governor PL-05 The Capitol Tallahassee, FL 32399-000I (By way of filing original with FLWAC) The Honorable Bill McCollum, Attorney General Department of Legal Affairs PL-01 The Capitol Tallahassee, Florida 32399-I050 The Honorable Alex Sink, Chief Financial Officer Department of Financial Services PL-11 The Capitol Tallahassee, Florida 32399-0300 The Honorable Charles H. Bronson, Commissioner Department of Agriculture and Consumer Services The Capitol Tallahassee, Florida 32399-0810 BY CERTIFIED MAIL, CERTIFIED MAIL. RETURN RECEIPT Honorable Micheal L. Thomas Mayor, City of Edgewater P.O. BOX 100 104 North Riverside Drive Edgewater, Florida 32132-0100 Hammock Creek Green, LLC, Developer 15 Matthew G. Davis Instruentt 2010-040810 Y 22 !1 Book: 6452 •J Page: 3317 c/o Donald E. Mears, Jr. 300 International Parkway, Suite 130 Lake Mary, Florida 32746 BY FIRST CLASS MAIL: P.O. Box 100 104 North Riverside Drive Honorable Debra Jean Rogers Edgewater, Florida 32132-0100 Office of the City Council P.O. Box 100 Darren Lear 104 North Riverside Drive Development Services Director Edgewater, Florida 32132-0100 City of Edgewater P.O. Box 100 Honorable Gigi Bennington 104 North Riverside Drive Office of the City Council Edgewater, Florida 32132-0100 P.O. Box 100 104 North Riverside Drive Phil Laurien Edgewater, Florida 32132-0100 East Central Florida Regional Planning Council Honorable Harriet E. Rhodes 631 North Wymore Road Office of the City Council Suite 100 P.O. Box 100 Maitland, Florida 32751 104 North Riverside Drive Edgewater, Florida 32132-0100 Linda Shelley, Esq. 101 North Monroe Street Honorable Ted Cooper Suite 1090 Office of the City Council Tallahassee, Florida 32301 16 APPLICANT INFORMATION Owner/Developer. Irstrtmentf 2010-040810 i 23 Book: 6452 Page: 3318 SEPTEaIOER 8, 2006 OwnerfDeveioper (Name, Address, Phone): Stale whether or not the Owner or Developer is authorized to do business in the State of Florida pursuant to the provisions of Chapter 407, F.S. Hammock Creek Green, LLC Go GS Florida, LLP 300 International Parkway, Suite 130 Lake Mary, Florida 32746 Telephone (407) 942-0040 Fax: (407) 942-0068 Attn: Donald E. Mears, Jr. Vice President/General Manager donCas-llorida.com RESTORATION DRI PACE Instruaentif 2010-04=0 If 24 Book: 6452 .� Page: 3319 Legal Description CITY OF EDGEWATER POR ]ION OF THE RESTORATION PROJECT CONTAINING 5197.045 ACRES I8A3:DCNS(MVEY%IVA flYDAMS. w.OaIY, nH OMMI) aEVIVStar DfX1% ss],raa'D DESCRIPTION: A portion of the South 12 cf the Southeast 1/4 of Section 32, Township 17 South, Range 1, East; the South 12 of the Sosthwen 1/4 of Section 33, Township 17 South, Range 33 East; Ill.: Southeast 114 and the South 12 of the Northeast 1/4 of Section 34, Township 17 South, Rang., 33 East, U.S. Lots 1, 2, 3, 4, 6 and 7, Section I, Township 13 South, Range 33 East; U.S. Lett I, 2, 3, 4, 6, 9, 10, 1 I and 12 Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section li, Township IS South, Range 34 Lou, all being in Volusla County, Florida, being described as fellows: Commene at the Southwest comer of said Section 2; thence - North 8901448" Eau, along Oro South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; &in" North 02053'33" West, a distance of 1524.17 fat to a point of curvature; then" 8560.65 fad along the arc ors curve to the left, said curve having a radius of 13,883.28 feel, a central ankle of 35019'46" and a chord of 8425.67 feet which bears North 20033'27" West to a point of reverse curvature; thane 1391.17 fat along the am of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4056'44" and a chord of 1390.74 feet which bears North 35044'57" West to the North line of said South 12 of the Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 1/Z of the Southeast 114 of Sect on 32 and along a line non -tangent to the last described curve, a distance of276.32 feet; thence 1224.25 fat along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 15,833.28 fat, a central angle of 4024'58" and chord of 1223.95 feet which been South 36000'50" East to a point of reverse curvature; thence 2394.62 fast slang the arc of curve to the right, said curve having a radius of 14.116.72 feet, a central angle of 9-40-43" and a chord of 2381.79 feet which bears South 33022'58" East; thence Nortt 6105423" Eau, along a line non-langenl and non -radial to sail curve, a distance of 177.80 act to a point of curvature; thence 7099,59 fat along the am of a curve to the right, said curvt having a radius of 6860.86 feet, a central angle of 5901652" and chord of 6786.17 feet which been South 8802TI P East to a point of reverse enrvalure; thence 1627.27 feel along the arc of a curve to the aft, said curve having a radius of 2829.14 fat, a central angle of 32057'20" and a chord of 1604.93 feet which beans South 75017'25" East; thence 480.12 fat along the arc of t curve to the right being non-tangem with the last described curvu, said curve having a radius of 36645.72 feet, a central angle of 7030'08" and a chord of 479.77 fa!l which bears North 10023'50' West to a point of compound curvature; theme 2782.07 feel along the arc of a curve to the rig it, said curve having a radius of 28,116.92 feet, a central angle of 5040'09" and a chord of 2710.94 Res which been North 03048141" West to a point of revere curvature; thence 3171.57 feet along the ere of a curve to the left, said curve having a radius of 10,383.28 fat, a central angle of 17030'43" and a chord of 3161.24 feel which ban North 09043'58" West a the Norif line of said South 112 of the Northeast 114 of Section 34; thence n vvl 3rlstrui llta 2010-040610 a 25 Book: 6452 Page: 3320 North 88°35'24" East along said Noah line of the South I2 of the Northeast 1/4 of Seclion 34 and along a line non -tangent to the last described curve, a distance of 241.96 feu; thence 3173.29 feet along the arc of s curve so the right being non -tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 17°07'31" and a chord of 3161.48 feet which bears South 09°32'22" East to a point of reverse curvature; thence 2759.98 feet along the are of a curve to the left, said curve having a radius of 27,883.28 fret, a central angle of Pall and a chord of 2757.85 feet which burs South 03a48'41"Fast to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42"02'52" and a chard of 2463.43 feet which bears South 27040'11" East to a point of reverse curvature; thence 2417.59 feet along the arc of a curve to tile right, said curve having a radius of 5116,72 feet, a central angel of 27"04'18' and a chord of 2395.16 feet which bears South 35°09'29' Bast to a point of reverse curvature; thence 2457.30 feet along the arc ore curve to the lok said curve having a radius of 5883.28 feet, a central angle of 23"55'52" and a chord of 2439.43 feet which burs South 33e35'16" East to a point of tangency; thence South 45°33'12" East, a distance of 530.97 feet to a point of eurvature; thence 974.22 feet along the arc of a curve to the right, said curve having a radius of 1366,72 feet, a central angle of 36038'57" and a chord of 859.39 feet which burs South 27" 13'43" last,, then" South 89'44'48' East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77"55'29" West, along said Westerly right of way, a distance of 163.81 feet; theme South 89°41'55" West, along said Westerly right of way, a distance of 332.91 feet; theme South 0091r05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence Noah 89°44'48" West along said South line of Section 6, a distance of 2945.21 feet; then" 838,48 Rat along the are of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.29 feet, a central angle of 4202319" and a chord of 819.49 feet which bears North 24*21'27" West to a point of tangency; thence Noah 45033'12" West, a distance of 530.97 feel; thence 2554.91 feu along the arc of a curve to the right, said curve having a radius of 6116.72 Feet, a central angle of 23055'52" and a chord of 2536.28 Rat which burs North 33-35' 16" West to a point of reverse curvature; thence 2307,29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle oT 27*04'18" and a chord of 2285.89 feet which burs North 35e09'29" West to a point of reverse curvature; thence 1982.61 feet along the are of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30a58'48" and a chard of 1959.54 feet which bears Noah 33a12'13" West, thence 1810.62 feu along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 Rat, a central angle of 34°00'14" and a chord of 1784.17 feet which beers North 75°48'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the IeR, said curve having a radius of 6639. 14 feet, a central angle of 59116152" and a chord of6566.87 feet which bears Noah 8M7'I I" West to a point oftangehcy; thence South 61'54'23" West, a distance of 177.80 feet, thence 6098.25 feu along the arc of a curve to the right being non -tangent with the last described line, said curve having a radius of 14,116.72 feu, a central angle of 24945'04", a chord of 6050.94 feet which burs South 15-16-05" East to a point of tangency; then" South 02"53'33" East, a distance of 1532.89 feel to said South line of Section 2; thence South 89e14'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. AND: Illstnaentg 2010-040610 8 26 OBook: 6452 Page: 3321 The South I/2 of the Soutt west I/4 and the South 12 of the Southeast 1/4, Section 32, Township 17 South, Range 31 Easy the South 12 of the Southwest 1/4, the Southwest 1/4 of Ih.: Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast Ibl of the Northeast 1/4, of the S�,utheast 1/4, the Southeast 1/4 of the Southeast f/4 of the Northeast 1/4 and the Northeast I/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township I'I South, Range 33 Eat, the So A 1f2 of the Northwest 1/4, the South 12 of the Northeast 1/4, thi; Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 12 oiNorthwest 1/4 and the Southwest 114, lying Southwesterly of Interstate 95, Section 35, Township 17 South, Range 33 East; a portion of Section 6, Township 19 South, Range 34 Easy lyilhg Southwesterly of Interstate 95; all of Section I and 2, Township 18 South, Range 33 Easy and Section 3, Township 18 South, Range 33 East, excepting therefrom Five (5) acres in gr vanment Lot 14, described as follows: Beginning a the Southeast coma of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet; thence East 660 feet to the E as1 line of said Section 3; then" South on the Section line 330 feel to the place of beginning; a I being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, then" North 00a23'50' Wain, along the West line of said Section 3, a distance of 9269.62 feel to the South line of said Section 32; thence South Bt°53'05" West along said South line of Section 32, a distance of 1121.77 feel to the Southwes' comer of said Section 32; thence North 01"45'25" West, a distance of 1317.75 feet to the Northeasl comer of said Smith 12 of the Southwest 1/4 of Section 32; thence North 88"48'27" East a distance of 5316.15 fed to the Northwest Corn" of said South 12 of the Southwest 1/4 of fection 33; thence North 88044'47" Easy a distance of 3973.41 feel to the Northwest corner of stid Southeast 1/4 of the Southeast 114 of Section 33; thence North 01a45'54" West, a distance of 663.33 feet to the Northwest Water of said Southwest 1/4 of th-e Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88e44'01" East, a distance of 661.32 feel to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence NstA 01-5078" West, a distance of 1990.46 feet to the Northwest coma of said Northeast 1/1 of the Southeast 114 of the Nuuheast 1/4 of Section 33; then: North 88°41'43" East, a dislan" of 659.59 feel to the Northwest corner of said South 12 of the Northwest 1/4 of Section 31; thence North 88°35'24" East, a distance of 5293.36 feet to the Northwest Water of said South 12 of the Northwest 1/4 of Sction 35; thence North 88°07'06" East, along the North line o,' said South 12 of the Northwest 1/4 of Section 35, a distance of $84.36 feet to the Weslern righ: of way of Interstate 95; then" Southeasterly along said Westerly right of way the following four (4) courses: South 29a5316" East, a distance of 452.5.1 feel; then" South 29052'56' East, a distance of 1053.25 feet; thence South 29a53'27" East, a distance of 1127.04 feet; tha'ce South 29053'23" East, a distance of 1141.37 feel to the East line of the Southwest 1/4 of Section 35, Township 17 South, Range 33 East; thence South 02e12'17" East, along said East line of she Southwest 1/4, a distance of 700.29 feel to the Southwest corner of the Southeast 1/4 of said Section 35; thence North 88°44'36" Easy along the South line of said Southeast 1/4 a distance of 170.65 feet to said Westerly righl of way of Interstate 95; thence Southeasterly along said Wededy, right of way the following four (4) courses: South 29"52'54" East, a distance of 1270.66 fxy thence South 29"53'55" East, a distance of 1005.54 feet; thence South 29a5247" East, a dists ice of 825.17 feet; thence 939.01 feet along the arc of a curve to the right being non -tangent to the last described line, said curve having a radius of 8419.42 feet, a central angle of 6023'25" and a chord of 938.53 feet which bears South 26*41'16" East; thence ., tali �aM 9M Ia., ".•an ni .. o..x Ixx un„il.a p.L.l ..lit u1, n..nl l yaw.". .I , ix Irlstrulent8 2010-040810 8 27 OBook: 6452 Page: 3322 South 00e 15'12" West, leaving said right of way of Interstate 95 and along a line non -tangent to said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range 34 East; thence North 89544148" West, along said South tine of Section 6, a distance 3825.35 feel to the Southeast corner of said Section 1; thence South 89019*23" West, along the South line of said Section I, a distance of 5289.04 feet to the Southeast corner of said Section 2; thence South 89e14'48" West, along the South line of said Section 2, a distance of 5299.92 feel to the Southeast corner of said Section 3; thence North 00020'IS" West, along the East line of said Section 3, a distance of 330.00 feet; thence South 89001'09" West, a distance of 660.00 feet; thence South 00e20'15" East, a distance of 330.00 Feet to the South line of Section 3; thence South 89001'09" West, along the South line of Section 3, a distance of 4619".20 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A portion of the South 12 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 rest; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34. Township 17 South, Range 33 East; U.S. Lots I, 2, 3, 4, S. 6 and 7. Section 1, Township 18 South, Range 33 Bar; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township IS South, Range 33 East; U.S. Las I and 6, Section 3, Township 18 South, Range 33 Ent; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Co nmence at the Southwest corner of said Section 2; thence North 89014'48" East. along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02e53'37" Waat, a distance of 1524.17 feet to a point of curvature; thence 9560.65 feel along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angk of 35019'46" and a chord of 8425.67 feet which bears North 20e33'27" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4e56'44" and a chord of 1390.74 feet which bears North 35e44'57" West to the North line of said South I2 of the Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 12 of the Southeast 1/4 of Section 32 and along a line non. tangent to the last described curve, a distance of276.32 feet; thence 1224.25 feet along the are of a curve to the left being rwn-tangent with the last described line, said curve having a radius of 15,893.28 feet, a central angle of 4e24'58' and chord of 1223.95 feet which bean South 36'00'50" Past to a point of reverse curvature; thence 2394.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 ket, a central angle of 904043" and a chord of 2381.79 feet which bears South 33e22'58" East; thence North 61e5423" Fast, along a line non - tangent and non -radial to said curve, a dlstanea of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6960.86 feet, a central angle of 59e 16'52" and chord of 6786.17 feel which been South 88e2T 11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2329.14 feet, a central angle of 32e57'20" and a chord of 1604.93 feet which bears South 75-1725" East; thence 430.12 feel along the are of a curve In the right being non -tangent with the last described curve, said curve having a radius of 3666,72 feet, a central angle of 7.3OV8" and a chord of 479.77 feet which bears North 10e23'50" West to a point of compound curvature; thence 2792.07 feel along the arc of a curve to the right, said curve having a radius of 23,116.72 feet, a central angle of 5e40'09" and a chord of 2790.94 feet which bears North 03e48'41" West to a point of reverse curvatum; thence 3173.57 feet along the are of a curve to the left, said curve having a radius of (0,393.28 feet, a central angle of 17e30'43" and a chord of 3161.24 feet which bears North 09e43'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88e35'24" East along said North line of the South 12 `enNvYI,1nM\IaM.v e:ln r..q 111\uWF VA.-pAn nnlvr. '.9 , ,.,Pea".I' . I .•1'U i 1"I InstrLial 2010-040610 A 28 -'Book: 6452 - Page: 3323 of the Northeast 1/4 of Section 34 and along a line non -tangent to the Iasi described curve, i distance of 243.96 feet; therce 3173.28 Poet along the arc of a curve to the right being non. tangent with the last described line, said curve having a radius of 10,616.72 fcet, a central angl: of 17'07'31" and a chord of: 161.40 feel which beers South 09'32'22" East to a point of revcros curvature; thence 2758.98 fees along the are of a curve to the left, said curve having a radius of 27,993.28 fat, a central angle of 5040'09" and a chord of 2757.85 feet which bears South 03048'41" Ease to a point of compound curvature; thence 2519.59 few along the arc of a curve to the left, said curve having a adius of 3433.29 feet, a central angle of 42'02'52" and a chord of 2463.43 feet which bears Suede 27-40-11- East to a point of reverse curvature; thence 2417.50 feet along the arc o(a curve to the right, said curve leavings radius of 5116.72 few, a central angel of 27'04'18" and a chcrd of 2395.16 feet which bears South 35'09'29" East to a point cf reverse curvature; thence 24 i7.30 feel along the arc of a curve to the left, said curve having s radius of 5883.28 feet, a wdral angle of 23'55'52" and a chord of 2439.48 fat which bean South 33'35'16' h}st to a point of tangency; thence South 45'33'12" East, a disnince of 530.97 feet to a point of curvature; hence $74,22 feet along the arc of a curve to the right, said cure having a radius of 1366.72 (xt, a central angle of 36'38'57" and a chord of 859.39 few whict bean South 27'13'43" East; hence South 8904448" East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; then: South 77a5529" West, along said Westerly right of way, a distance of 169.81 feet; thence Soul 89041'55" West, along said Westerly right of way, a distance of 332.81 feel; thence Spur 00'18'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89044'48" West, along said Soul t line of Section 6, a distance of 2945.21 few; thence 838.48 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.29 feet, a central angle of 42'2329" and a chord of 819.49 feet which beers North 24'21'27" West to a point of tangency; thence Non 45'33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 61 t6.72 feel, a central ar.gle of 23'55'52" and a chord of 2536.28 feel which bears North 33'35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve 10 the kft, said curve having a radius of4883.28 feet, a central angle of 27'04'18" slid a chord of:285.89 feet which bears North 35'09'29" West to s point of reverse curvature; thence 1982,61 feed along the arc of a curve to the right, said curve having a radius c f 3666.72 feet, a central angle of 30958'48" and a chord of 1958.54 feet which bean North 33-1213' West, then" 1810.62 few along the are of curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 few, a central angle of 34000'l d" and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature; thence 6869 19 feet along the am of a curve to the left, said curve having a radius of 6639.14 real, a central angle of 59'16'52" and a chord of 6566.87 feet which bears North 8802TI I" We::t to a point of tangency; thence South 6195423" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve io the right being non -tangent with the last described line, said curve having a radius of 14,116.7: feel, a central angle of 24"45'04", a chord of 6050.94 few which bears South 15'16'05' East :o a point of tangency; then" South 02'53'33" East, a distance of 1532.89 feet to said South Ii m of Section 2; thence South 89' 1449" West, a distance o(233.60 few to the POINT OF BEGOINING. Instrtmmtf 2010-MlO f 29 Book: 6452 Page: 3324 EXHIBIT 0 `2 / 4 8 Miles Legend C= Restoration IntelSiem U S. Road State Road --- County Road RoadN2y Feature Local Roads Volusia N w+E S Restoration II Florida Department of Community Affairs 12/1➢12008 Division of Communitv Plannina Irstrummta 2010-04MIO ! 30 Book: 6452 Page: 3325 EXHIBIT B StaektgrengA passages are deleted. Underlined passages are added. #2010-0-03 Instnnmt6 2010-040810 1 31 �1 Book: 6452 Page: 3326 2 3 4 5 6 AMENDED AND RESTATED 7 DEVELOPMENT ORDER 8 9 10 for 11 RESTORATION 12 13 DEVELOPMENT OF REGIONAL IMPACT 14 15 16 17 18 19 20 21 22 23 FEBRUARY 23, 2010 24 25 26 27 28 29 FINAL 102542851.15 Instrimentit 2010-040010 0 32 Book: 6452 Page: 3327 TABLE OF CONTENTS Per 1 I. FINDINGS OF FACT ..................................................................................................... 1 2 11. DEVELOPMENT PROGRAM ........................................................................................ 4 3 Ill. CONCLUSIONS OF LAW ............................................................................................. 6 4 IV. DEFINITIONS ................................................................................................................ 5 5 V. CONDITIONS OF APPROVAL ..................................................................................... 10 6 1. CONSISTENCY WITH FEDERAL AND STATE PERMITS ...............................10 7 2. CONSISTENCY WITH THE ADA ...................................................................... 10 8 3. APPROVED DEVELOPMENT PROGRAM .......................................................10 9 (a) Project Description ................................................................................ 10 10 (b) Total Acreage ........................................................................................ I I 11 (c) Legal Description ................................................................................... 12 12 (d) Master Development Plan ..................................................................... 12 13 (a) Auxiliary Master Plan ............................................................................. 12 14 (f) Project Build Out ................................................................................... 12 is 4. ACCESSORY DWELLING UNITS .................................................................... 12 16 5. EQUIVALENCY MATRIX .................................................................................. 12 17 6. PROJECT DESIGN GUIDELINES/JOBS TO HOUSING RATIO .......................13 18 7. FLOODPLAINS ................................................................................................. 16 19 8. NATURAL SYSTEMS AND RESOURCES .......................................................17 20 (a) Habitat Conservation and Management ................................................17 21 (b) The Site Mitigation and Management Plan Components .......................20 22 9. WETLANDS .......................................... ....... ................................................... 23 23 10. WATER SUPPLY AND WATER QUALITY ........................................................25 24 11. PUBLIC FACILITIES ......................................................................................... 28 25 12. AFFORDABLE HOUSING ................................................................................ 30 26 13. SCHOOLS ........................................................................................................ 31 27 14. TRANSPORTATION ......................................................................................... 31 28 15. ALTERNATIVE TRANSPORTATION STRATEGIES ........................................43 29 (a) Flextime Initiatives ................................................................................. 43 30 (b) Transit and Ridesharing ........................................................................ 43 31 (c) Bicycle/Pedestrian Systems .................................................................. 44 32 FINAL 102542851.15 Instrument# 2010-040810 7 33 OBook: 6452 Page: 3328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TABLE OF CONTENTS Page (d) The Transit Corridor..............................................................................45 (a) Park and Ride Spaces...........................................................................46 (f) Williamson Boulevard/Dedication and Development..............................46 16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING REQUIREMENTS.............................................................................................48 17. ENERGY..........................................................................................................49 18. LANDSCAPING STANDARDS.........................................................................50 VI. POLICE, FIRE AND EMS SERVICES..........................................................................53 VII. COMMUNITY DEVELOPMENT DISTRICT..................................................................53 Vill. LOCAL MONITORING.................................................................................................54 IX. COMPLIANCE DATES.................................................................................................64 X. DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION ........... 55 XI. BIENNIAL REPORTING REQUIREMENT....................................................................55 XII. MODIFICATIONS TO DEVELOPMENT ORDER..........................................................66 XIII. RECORDING...............................................................................................................56 XIV. DEVELOPER'S CONSENT..........................................................................................56 XV. APPLICABLE LAW.......................................................................................................57 XVI. EFFECTIVE DATE.......................................................................................................57 EXHIBITS 'A' LEGAL DESCRIPTION 'B' MAP 'H'MASTER PLAN .C' MAP "H-1"AUXILIARY MASTER PLAN "D' EQUIVALENCY MATRIX (LAND USE EXCHANGE TABLE) 'E' WETLANDS MAP 'F' WILLIAMSON BOULEVARD/CROSS SECTION AND PLAN VIEW 'G' FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT FINAL 102542851.15 0 Instrument# 2010-040810 a 34 Book: 6452 Page: 3329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 This ilGarurnent p srad by and after iemrding return to: Ted R Brown, Esq. esker a Hosteller, LLP 200 South Orange Ave., Sufte 2300 Odando, Flanda 32801 ABOVE THIS LINE FOR RECORDING AMENDED AND RESTATED DEVELOPMENT ORDER RESTORATION DEVELOPMENT OF REGIONAL IMPACT I. FINDINGS OF FACT The City Council of the City of Edgewater, Florida hereby makes the following Findings of Fact, to -wit: 1. The Master Developer, whose principal place of business is at 300 International Parkway, Suite 130, Lake Mary, Florida 32746, has filed the ADA with respect to the Property located in Volusia County, Florida. 20 2. The Master Developer has the authority to file the ADA and to obtain a 21 development order with respect to the Property in accordance with Chapter 380.06, Florida 22 Statutes. The Property subject to this Development Order is described on Exhibit "A' attached 23 hereto. 24 3. The proposed development constitutes a Development of Regional Impact 25 pursuant to the standards set forth in Chapter 380.06, Florida Statutes, and the Florida 26 Administrative Code. 27 4. The Property does not lie within an area of critical state concern. 28 5. The ADA has been reviewed by the ECFRPC who, after balancing the identified 29 regionally significant impacts associated with each of the criteria of Chapter 380.06(12)(a), 30 Florida Statutes, recommended that the Restoration DRI be approved subject to certain 31 conditions. Fl1 IUW851.15 Instrueent► 2010-040810 9 35 Book: 6452 Page: 3330 1 6. The City Council, as the governing body of the City of Edgewater with jurisdiction 2 over the Property pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to 3 consider an ADA filed by the Master Developer. 4 7. Public hearings, as required by Chapter 380.06, Florida Statutes, have been duly 5 noticed and held as follows. 6 (a) On January 14, 2009, the City Planning and Zoning Board held a duly 7 noticed public hearing on the ADA for the Property and recommended that the 8 City Council approve the ADA. Testimony was taken and considered by the 9 Planning and Zoning Board. 10 (b) On January 26, 2009, the City Council held a duly noticed public hearing 11 to consider on first reading the ADA submitted by the Master Developer for the 12 Restoration development. On February 2, 2009 the City Council held a duly 13 noticed public hearing to consider on second reading the ADA submitted by the 14 Master Developer for the Restoration development. At both City Council 15 hearings testimony was taken and considered. 16 (c) The City Council received and considered the Assessment Report of the 17 ECFRPC and determined that the Development Order was substantially 18 consistent with the recommendations and report of the ECFRPC. 19 (d) The DCA, through issuance of the ORC Report dated October 28, 2008, 20 noted its objections, comments and recommendations to the proposed 21 Comprehensive Plan Amendment and the City considered each of the same. 22 (a) On February 2, 2009, the City also approved an application to amend the 23 City of Edgewater Comprehensive Plan in conjunction with the ADA. The 24 application requested the following: 25 (1) an amendment creating a new land use category called 26 Restoration Sustainable Community Development District ('BCD") 27 and its accompanying goals, objectives and policies; and 28 (2) an amendment to the Future Land Use Map to convert 29 approximately 5,187 acres from Volusia County Environmental 2 FINAL 1025 2M1.15 InstrluentC 2010-040810 ► 36 C O Book: 6452 Page: 3331 1 Systems Corridor and Forestry Resources to 3003.4 acres of SCD 2 — Conservation/Restoration; 1315.1 acres of SCD — Community 3 Development (Build Envelope), and 868.6 acres of Conservation 4 (collectively, the *Comprehensive Plan Amendments"). 5 6 (1) Subsequent to adoption and transmission to DCA of the Comprehensive 7 Plan Amendment and the Development Order, the DCA filed an appeal of the 8 Comprehensive Plan Amendments on March 30, 2009, and on April 9, 2009, the 9 DCA filed an appeal of the Development Order Appellate proceedings pursuant 10 to Chapter 120, Florida Statutes ensued. 11 (g) On the City, Master Developer hereunder and DCA 12 entered into a Stipulated Settlement Agreement which resolved their issues with 13 regard to the Comprehensive Plan Amendments and therefore the Amended 14 and Restated Development Order is intended to conform the terms and 15 conditions of the same to the modifications and amendments to the 16 Comprehensive Plan so that this Amended and Restated Development Order is 17 consistent with the Comprehensive Plan, as amended. 18 (h) On January 25, 2010, the City Council held a duly noticed public hearing 19 to consider on first reading, the adoption of the Comprehensive Plan 20 Amendments, the Additional Remedial Amendments to the Comprehensive Plan 21 and the Amended and Restated Development Order. Testimony was taken and 22 considered as to all items before the City Council. 23 (1) On February 8, 2010, the City Council held a duly noticed public hearing 24 to consider the Stipulated Settlement Agreement relating to the Comprehensive 25 Plan Amendments for the Restoration development. On February 23, 2010 the 26 City Council held a duly noticed public hearing to consider on second reading 27 and adoption of the Comprehensive Plan Amendments, the Additional Remedial 28 Amendments to the Comprehensive Plan and the Amended and Restated 29 Development Order. Testimony was taken and considered as to all items before 30 the City Council. 31 3 FlN 102542851.15 InstnaentR 2010-040810 R 37 Book: 6452 Page: 3332 1 8. The development of the Restoration DRI, pursuant to the ADA, and this 2 Amended and Restated Development Order was determined to be consistent with the 3 achievement of the objectives of the adopted state Comprehensive Plan, Chapter 187, Florida 4 Statutes, and the ECFRPC Regional Policy Plan and therefore will not unreasonably interfere 5 with those objectives. G^ It. DEVELOPMENT PROGRAM 7 1. The proposed development of the Restoration DRI shall be in accordance with 8 the Master Development Plan — Map "H." (Attached as Exhibit "B") 9 10 11 12 2. The proposed development of the Restoration DRI consists of the following uses and mixed -use thresholds. Overall Project Acreace Acreage % of Site SCD — Community Development (Build Envelope) 1,315 25.4% SCD — Conservation/Restoration 3,003 57.9% Conservation 869 16.7% TOTAL 5,187 100.0% Total Resource Based Open Space 3,872.0 74.6% Program Acreage Acreage %of Site SCD — Community Development Development Schools Civic (including utility site) Major Rights of Way Lakes Utility Easement Active Parks and Recreation Subtotal Total Resource Based Open Space Preserved Uplands and Buffers Preserved Wetlands Compensating Lakes Subtotal Total Acreage 4 FIN 102542851.15 899.0 17.3% 85.0 1.6% 18.0 0.3% 74.0 1.4% 185.0 3.6% 38 0.7% 16 0.3% 1,315 1,213 23.3% 2,514 48.5% 145 2.8% 3,872 6,187.0 100.0% Instrumsitl 2010-040810 If 38 O Book: 6452 Page: 3333 Thresholds" Per I I1W5 ld Cumulative Project Total Minimum Non- Minimum Non. Realden[al Unite Residential Units Residential Sq Ft Threshold 1 1,500 180,000 1,500 180,000 Threshold 2 1,000 120,000 2,500 300,000 Threshold 3 2,500 300,000 5,000 600,000 Threshold 4 2,500 300,000 7,500 900,000 Threshold 5 1,000 300,000 8,600 1,200,000 1 2 ' The Mixed -Use Threshold is designed to ensure a mixture of and balance between land uses and 3 promote the creation of job opportunities within Restoration. See Definition together with Policy 7.1.1 4 of the SCD Comprehensive Plan Amendment and Paragraph 6(g)(i)-(v) herein. 5 3. The Master Developer's authorized agent is Ted R. Brown, Esq., Baker & 6 Hostetler, LLP, 200 South Orange Avenue, Suite 2300, Orlando, Florida 32801 7 8 III. CONCLUSIONS OF LAW 9 Based upon the Findings of Fact, the City Council hereby makes the following 10 Conclusions of Law: 11 1. Development of the Restoration DRI will not interfere with the achievement of the 12 objectives of the State Comprehensive Plan applicable to the area encompassed by the ADA. 13 2. The Restoration DRI is consistent with the State Comprehensive Plan and with 14 the report and recommendations of the ECFRPC. 15 3. The Restoration DRI is consistent with the City's Comprehensive Plan. 16 NOW, THEREFORE, BE IT HEREBY ORDERED AND RESOLVED by the City Council 17 that , based upon the Findings of Fact and Conclusions of Law, the Restoration DRI is 18 APPROVED, pursuant to Chapter 380.06, Florida Statutes, and other applicable laws, and the 19 Ordinances and Regulations of the City of Edgewater, subject to the terms and conditions set 20 forth in this Development Order: 21 IV. DEFINITIONS 22 1. ACOE — Army Corps of Engineers. 5 FINAL 102542851.15 Instnaent6 2010-MlO If 39 ^\ Book: 6452 Page: 3334 1 2. Activity Based Open Space - is generally open space developed by the 2 Developer to provide areas for active and passive recreation in the post -development setting. 3 Consult BCD text for additional description. 4 3. ADA -- the Application for Development Approval for the Restoration DRI filed on 5 September 8, 2006, as supplemented by the Responses to Requests for Additional Information 6 dated March 5, 2007, November 26, 2007, June 4, 2008, September 3, 2008 and August 15, 7 2008. 8 4. ADTs --Average Daily Trip End. 9 5. ADU - Accessory Dwelling Unit is a small flexible space, not to exceed 650 10 square feet of air conditioned space located above a garage that can be used as a guest 11 cottage, a "granny' flat, a home office, a recreation room or as a rental apartment. 12 6. AWS- Alternative Water Supply. 13 7. CDD- Chapter 190, Florida Statutes, Community Development District. 14 8. CEA -- The Capacity Enhancement Agreement entered into between the Master 15 Developer, the Volusia County School Board, and the City, dated January 5, 2009. 16 9. City or City of Edgewater -- the City of Edgewater, Florida, a municipal 17 corporation. 18 10. County or Volusia County -- Volusia County, Florida, a political subdivision of 19 the State of Florida. 20 11, Comprehensive Plan -- City of Edgewater Comprehensive Plan. 21 12, Concurrency Management System -- Any and all ordinances, resolutions and 22 regulations that are or may be adopted by the City of Edgewater to implement the requirements 23 of §163.3202 (2)(g), Florida Statutes. 24 13. CUP- Consumptive Use Permit. 25 14. DCA - Florida Department of Community Affairs. 6 FlPo 102542851.15 Instrument# 2010-040010 1 40 O Book: 6452 Page: 3335 1 15. Developer - Any successor developer to the Master Developer who by reason of 2 acquiring an interest in the property assumes obligations pursuant to this Development Order, 3 but who is not the Master Developer. 4 16. DRI - Development of Regional Impact. 5 17. ECFRPC -- East Central Florida Regional Planning Council. 6 18. Equivalency Matrix -- The matrix of land uses and trip equivalencies attached 7 hereto as Exhibit "D" and incorporated herein. 8 19. EPA - United States Environmental Protection Agency. 9 20. FDEP -- Florida Department of Environmental Protection. 10 21. FDOT-- Florida Department of Transportation. 11 22. FEMA -- Federal Emergency Management Agency. 12 23. FFWCC - Florida Fish and Wildlife Conservation Commission. 13 24. FLUM - Future Land Use Map. 14 25. HERS- Home Energy Rating System (http://www.naturesnet.org). 15 26. Homeowners Association (HOA) -- An association or associations of all 16 residential property owners within Restoration organized pursuant to the requirements of 17 Chapter 617, Florida Statutes, (2007) to manage and administer designated common areas, 18 including conservation and preserve areas within Restoration. 19 27. LOMR - Letter of Map Revision. 20 28. LOS -- Level of Service. 21 29. Major Roads -- Roads or streets functionally classified as arterial or collector 22 roads and defined as regionally significant facilities within the DRI/ADA. 23 30. Master Developer - Hammock Creek Green, LLC, a Delaware corporation, and 24 its successors or assigns. 7 FINAL 102542851,15 Instru entt 2010-040810 If 41 ^1 Book: 6452 Page: 3336 1 31. Master Development Plan — Map "H" -- The Master Development Plan — Map 2 "H" contained in the ADA, a copy of which is attached hereto as Exhibit "B" and incorporated 3 herein. Map "H-1" (Exhibit "C"). 4 32, Mixed -Use Thresholds — Mixed -Use thresholds are designed to ensure a 5 mixture of and balance between land uses and promote the creation of job opportunities within 6 Restoration. The Mixed -Use thresholds are set forth in Policy 7.1.1 of the SCD Comprehensive 7 Plan Amendment and in the Mixed -Use Thresholds herein and Paragraph 6(g)(i) through (v) of 8 this Amended and Restated Development Order 9 33. NOPC — Notice of Proposed Change fled pursuant to Chapter 380.06(19), 10 Florida Statutes. 11 34. Open Space. The sum of all Activity Based Open Space and all Resource 12 Based Open Space. 13 35. ORC Report -- The Objections, Recommendations and Comments Report dated 14 October 29, 2008. 15 36. PREC — Program for Resource Efficient Communities, Institute of Food and 16 Agricultural Sciences, University of Florida. 17 37. Project -- The work and development to occur on the Property, as permitted 18 through this Development Order. 19 38. Property -- The real property subject to this Amended and Restated 20 Development Order as specifically described in Exhibit "A" attached hereto and incorporated 21 herein. 22 39. Property Owner — The persons and/or entities currently holding title to the real 23 property subject to this Development Order and each of its successors or assigns for any 24 portion of the Property. 25 40. Property Owners Association ("POA") — An association or associations of all 26 commercial property owners within Restoration organized pursuant to the requirements of 27 Florida law to manage and administer designated common areas, including preservation and 28 conservation areas within Restoration. 8 FlN 102542851.15 Instrusent# 2010-040810 If 42 O Book: 6452 Page: 3337 1 41. Regional Roadway -- A roadway shall be considered 'regional" if it is defined as 2 regional in the East Central Florida Regional Strategic Policy Plan or successor document. 3 42. Resource Based Open Space - is generally open space set aside for the 4 preservation and restoration and enhancement of environmental systems and includes lakes 5 used for the detention and retention of surface water. Consult SCD text for additional 6 description. 7 43, Restoration DRI -- The Restoration Development of Regional Impact. 8 44. SCD -- The City's Restoration Sustainable Community Development District land 9 use designation and FLUM designation. 10 45. SCD - CONSERVATION AREA. Lands designated as Conservation on the 11 SCD - Conservation/Development Areas Map attached to and made a part of the Restoration 12 Sustainable Community Development District Comprehensive Plan text. 13 46. SCD - CONSERVATIONIRESTORATION AREA. Lands designated on the 14 SCD- Conservation/Development Areas Map attached to and made a part of the Restoration 15 Sustainable Community Development District Comprehensive Plan text. 16 47. SCD - COMMUNITY DEVELOPMENT AREA (BUILD ENVELOPE). Lands 17 designated on the SCD - Conservation/Development Areas Map attached to and made a part of 18 the Restoration Sustainable Community Development District Comprehensive Plan text. 19 48. SJRWMD - St. Johns River Water Management District. 20 49. SMMP -- Site Mitigation and Management Plan. 21 50. TOD- Transit Oriented Design. 22 51. TRANSPORTATION PHASES. A Transportation Phase or Subphase is driven 23 off of calculations of traffic and the impact of the same on the various components of the 24 development. A Transportation Phase or Subphase controls the portions of the Restoration 25 development identified in Section 14 herein dealing with Transportation. 26 52. USFWS -- United States Fish and Wildlife Service. 9 FINAL 1025 2s51.15 Irstruent# 2010-040810 143 Book: 6452 Page: 3338 1 V. CONDITIONS OF APPROVAL 2 1. CONSISTENCY WITH FEDERAL AND STATE PERMITS. Development of 3 the Restoration DRI shall conform to the ADA and the conditions of approval set forth in this 4 Development Order. Development based upon this approval shall comply with all other 5 applicable Federal, state and county laws, ordinances and regulations which are incorporated 6 herein by reference. 7 2. CONSISTENCY WITH THE ADA. The Restoration DRI shall be developed 8 in accordance with the information, data, plans and commitments contained in the ADA and 9 supplemental information provided by Responses to Requests for Additional Information and the 10 same are incorporated herein by reference, unless otherwise provided by the conditions of this 11 Amended and Restated Development Order. This Amended and Restated Development Order 12 shall prevail over any conflicting information, data, plan, or commitments. For purposes of this 13 condition, the ADA shall consist of the following items: 14 (a) ADA dated September 8, 2006 15 (b) Responses to Requests for Additional Information #1 dated March 5, 16 2007 17 (c) Responses to Requests for Additional Information #2 dated November 18 26, 2007 19 (d) Responses to Requests for Additional Information #3 dated June 4, 2008 20 (a) Responses to Requests for Additional Information #4 dated September 3, 21 2008 22 (f) Revised RAI #4 dated August 15, 2008 23 3. APPROVED DEVELOPMENT PROGRAM. 24 (a) Project Description: The Project is designed to be a mixed -use, transit 25 oriented sustainable community that will promote the preservation, restoration 26 and enhancement of open space and environmental systems while at the same 27 time employing quality architecture and New Urbanist design to ensure that the 28 built environment integrates into and works seamlessly with the natural 10 FINAL 102542851.15 Instnienttt 2010-040010 t 44 C Book: 6452 J Page: 3339 1 environment. The protocols set forth in this Development Order provide for the 2 attributes of transit oriented design and sustainability to be incorporated into and 3 become a part of the fabric of the community. Restoration will include a mix of 4 housing types and price points; will use a variety of energy and water saving 5 protocols to promote the reduction of greenhouse gases and conserve both 6 energy and water resources. Electric rail transit is the lynch pin facility that will 7 tie all segments of the community together and allow for compact development 8 patterns and a tight hierarchy of streets. These design elements shall be 9 consistent with Policy 3.1.1 and Objective 5.1 of the SCD Sub -Element and will 10 serve to discourage urban sprawl, foster connectivity and provide for a walkable 11 community. Commercial office development, schools and institutional uses will 12 be part of the land use mix. Because of their proximity to and integration with the 13 residential offerings, Restoration will have an enhanced ability to balance jobs 14 and housing. The development program and project description set forth here 15 shall in all events be implemented in a manner that is consistent with the SCD 16 Sub -Element. 17 As provided for below, Restoration will consist of 8,500 residential units ( 3,825 18 single-family residential units and 4,675 multi -family residential units) together 19 with no more than 3,300,000 (1,904,443 square feet of office and 1,395,557 20 square feet of retail) square feet of non-residential uses. Additional acreage will 21 be dedicated for schools and other public infrastructure. Most importantly, some 22 seventy four percent (74%) or approximately 3,872 acres within Restoration shall 23 be set aside permanently as conservation lands that will be restored and 24 enhanced. Consistent with that undertaking, the conservation lands will be 25 permanently managed and protected through the placement of record of 26 appropriate conservation easements over the same so as to ensure that the 27 renewed attributes of the restored and enhanced lands remain intact and 28 appropriately cared for over time. The City will not have any responsibility for the 29 maintenance and management of the lands encumbered by conservation 30 easements. The balance of the Property will support the built environment 31 consistent with this Amended and Restated Development Order. 32 (b) Total Acreage: 5,187 gross acres FINAL 1025 2s51.15 Instruentt 2010-040810 R 45 ^.Book: 6452 Page: 3340 1 (c) Legal Description: Attached as Exhibit "A" 2 (d) Master Development Plan: Map "H" attached as Exhibit "B" 3 (a) Auxiliary Master Plan: Map "H-1" as Exhibit "C° 4 (f) Project Build Out: The Restoration DRI is to be developed as a mixed- 5 use project with an anticipated build out date of 2023. 6 4. ACCESSORY DWELLING UNITS. Accessory Dwelling Units ("ADUs") are 7 permitted in Restoration and may be used in a manner that is consistent with the definition of 8 the same herein. ADUs will not be counted as part of the density calculation for the 9 development, but they will be subject to school ooncurrency review. Trips shall be measured 10 and mitigated to the extent required as part of the Monitoring and Modeling process hereinafter 11 described. Neither the Master Developer, nor its successor, will pay impact fees on the ADUs 12 developed. A portion of the ADUs may be counted as part of the inventory of affordable 13 housing as hereinafter set forth. ADUs will not have separate utility infrastructure and metering 14 as they are a subservient part of the dwelling unit The total number of ADUs shall not exceed 15 twenty percent (20%) of the single-family housing inventory. 16 5. EQUIVALENCY MATRIX. The Developer may increase or decrease the 17 amount of a particular land use within the approved development program by using an 18 Equivalency Matrix, attached as Exhibit "D", which is based on equivalent peak hour directional 19 trip ends. Use of the Equivalency Matrix may increase or decrease the total amount of each 20 land use by no more than the amount allowed for in the substantial deviation criteria identified in 21 Chapter 380.06(19)(b) 1-14, Florida Statutes; unless the this Amended and Restated 22 Development Order is further amended to accommodate such a change. The density and 23 intensity of this project shall be limited to a total of 8,600 residential units and 3,300,000 non- 24 residential square feet. Greater changes than those discussed above shall be considered 25 cumulatively, and shall be subject to normal Development Order amendment processes. 26 Additionally, the change must address changes to potable water usage and identify if the 27 potable water and sewer capacity and allocation under the applicable consumptive use permit 28 are available. Any time the Equivalency Matrix is to be used, DCA, ECFRPC, the City of 29 Edgewater, the City of New Smyrna Beach, Volusia County, the FDOT, the SJRWMD, and the 30 School Board of Volusia County must be provided notice of the proposal at least sixty (60) days 31 in advance of the change. Use of the Equivalency Matrix will be reported on an individual and 12 FINAL 102542851.15 Instrument# 2010-040810 f 46 O Book: 6452 Page: 3341 1 cumulative basis and Project impacts documented in the biennial report. Any future Notice of 2 Proposed Change ("NOPC") shall incorporate any changes due to the use of the matrix. 3 6. PROJECT DESIGN GUIDELINESIJOBS TO HOUSING RATIO The 4 Restoration DRI shall adhere to and further the design character outlined below: 5 (a) The Restoration DRI shall contain the mixture of uses designated within 6 the Restoration SCD land use classifications that provide for a balance of 7 commercial, residential, recreational (active and passive) open space, 8 employment, resource protection, educational, institutional and other supporting 9 uses. 10 (b) The Restoration DRI shall promote the preservation, restoration and 11 enhancement of open space and other environmental systems. 12 (c) The Restoration DRI shall promote a design that is based on the 13 principles of "smart growth," Transit Oriented Design ('TOD') and New Urbanism, 14 including walkability, compact development patterns, quality architecture and 15 urban design and will contain a hierarchy of street systems to discourage urban 16 sprawl, foster connectivity, provide for pedestrian mobility and transit internal to 17 the Project. 18 (d) The Restoration DRI shall promote diversity and choice through a mixture 19 of housing types and price points, including affordable housing as hereinafter set 20 forth. 21 (a) The Restoration DRI shall utilize a number of sustainable development 22 techniques and promote the reduction of greenhouse gases as hereinafter more 23 particularly described. 24 (f) The Restoration DRI shall promote the efficient and effective use of 25 infrastructure. 26 (g) The Restoration DRI through the Master Developer shall measure the 27 jobs/housing ratio in accordance with the following criteria: 13 FINAL 102542851.15 Irstruentl 2010-040810 1 47 0 •J Book: 6452 Page: 3342 1 (i) Prior to the issuance of residential building permits for more than 2 1500 residential dwelling units, there shall have been constructed a 3 minimum of 180,000 square feet of nonresidential development; 4 (ii) Prior to the issuance of residential building permits for more than 5 2500 residential dwelling units, there shall have been constructed a 6 minimum of 300,000 square feet of nonresidential development; 7 (iii) Prior to the issuance of residential building permits for more than 8 5000 residential dwelling units, there shall have been constructed a 9 minimum of 600,000 square feet of nonresidential development; 10 (iv) Prior to the issuance of residential building permits for more than 11 7500 residential dwelling units, there shall have been constructed a 12 minimum of 900,000 square feet of nonresidential development; 13 (v) Prior to the issuance of residential building permits for the 8500� 14 residential dwelling unit, there shall have been constructed a minimum of 15 1,200,000 square feet of nonresidential development. 16 Further, and in addition to the above measurement standards, and consistent 17 with Policy 7.1.2 of the Restoration SCD, the Master Developer shall measure 18 the jobs/housing ratio after the issuance of the final plats and/or commercial site 19 plan approval as set forth below. The designated ratios are goals, but if there 20 has been insufficient employment created pursuant to this section and Policy 21 7.1.2 of the Restoration SCD, the Master Developer shall confer with the City and 22 the ECFRPC for the purpose of determining whether and to what extent the 23 Master Developer has initiated and maintained a program designed to attract 24 jobs and employment to the Project and the prospects for making up any shortfall 25 in achieving the goals described below as development progresses. If, at check 26 point (ii) or (iii) it is determined that the shortfall is material and that the efforts of 27 the Master Developer to meet the jobs/housing ratio have not been at a level and 28 with a consistency that evidences a good faith effort to meet the jobs/housing 29 ratio, then the City may require appropriate mitigation to offset the failure to meet 30 the established goal or in its discretion, the City may suspend the issuance of 31 residential building permits until targeted thresholds agreed to by and between 14 FINAL 102542851. 15 Instruoentif 2010-040810 R 48 Book: 6452 J Page: 3343 1 the Master Developer, the ECFRPC and the City are achieved or in the 2 alternative, the Amended and Restated Development Order may be further 3 amended in such manner as the Master Developer, the City and the ECFRPC 4 deem appropriate. The decision to further amend the Amended and Restated 5 Development Order so as to provide a measure of relief from the goals 6 established at (vii) through (viii) below will be predicated on an assessment of the 7 level and consistency of the effort and activity of the Master Developer to attract 8 jobs to the Project and the prospects for making up any shortfall in achieving the 9 goals as the development progresses. In no event shall this additional review 10 process compromise the nonresidential building square footages required in (g), 11 (1) through (v) above and these criteria are in addition thereto and not in lieu 12 therof. 13 (vi) After the issuance of final CO's for the occupancy of the 3,400th 14 residential unit. 15 0.1 jobs per residential unit 16 17 (vii) After the issuance of final CO's for the occupancy of the 6,000th 18 residential unit. 19 0.5 jobs per residential unit 20 21 (viii) After the issuance of final CO's for the occupancy of the 8,000th 22 residential unit. 23 0.6 jobs per residential unit 24 25 (ix) At buildout 0.65 jobs per household shall be available within the 26 project. 27 Prior to the issuance of final plat or final plan approval for residential units which exceed the 28 thresholds listed in (vi) through (ix) above, the Master Developer must demonstrate that an 29 amount of nonresidential development has been constructed which will generate adequate 30 employment opportunities to meet the jobs -to -housing ratio provided in (vi) through (ix) above. 31 For purposes of making the jobs calculation, the Master Developer may consider all jobs 15 FINAL 102542851.15 Instru K!nt# 2010-040010 t 49 /1 Book: 6452 �•J Page: 3344 1 created both within Restoration and those within a three (3) mile radius of the external boundary 2 of Restoration and within the municipal boundary of the City. The latter category shall be 3 counted as one-half job. To document the same, the Master Developer must submit information 4 which is specific as to type of business or industry; i.e., retail/office/industrial, and provide a map 5 showing the location of each nonresidential development which is included. For this purpose, 6 jobs created in the public sector, i.e., Federal, state or local government including school jobs 7 whether private or public, shall be included. Development that is under construction may be 8 included, provided that vertical construction will be completed within eighteen (18) months of the 9 date of submittal of the documentation to the reviewing agencies as specified below. The 10 Master Developer may demonstrate that jobs have been provided by surveying existing 11 businesses and/or the creation of new businesses by utilizing the following employment 12 generation ratios; to -wit: 13 14 350 square feet of office = 1 job 15 600 square feet of retail/commercial = 1 job 16 17 If any actual survey of existing nonresidential is utilized, the documentation must include 18 information on the name of the business, the date and the name, address and telephone 19 number of the individual supplying the information. 20 The required documentation of survey results must be provided to the ECFRPC and the City for 21 review in each Biennial Report to determine compliance with the relevant conditions of this 22 Development Order as noted above and if the targets are not met, the City Master Developer 23 and ECFRPC shall confer pursuant to (g) above. 24 7. FLOODPLAINS. A master stormwaler management system will be designed 25 and constructed for the Restoration project. The system will be based on pre -development and 26 post -development evaluations of the 100-year floodplain elevations and extents and will be 27 designed such that there are no increases to the floodplain elevation for off -site lands or parcels 28 resulting from the design storm event. Further review by county staff of the 100-year floodplain 29 study shall be necessary to insure that there shall be no adverse impacts to the downstream 30 drainage basins that are within Volusia County. The floodplain study may require further 31 modifications and/or other engineering assurances to demonstrate consistency with recent 32 and/or historical flood stage observations, rainfall data, and the USGS recording station data. 16 Fff� 1�2851.15 Irstruentf 2010-040010 t 50 O O Book: 6452 Page: 3345 1 The stormwater management system will be integrated with the nonpotable water supply 2 system. 3 To implement the plan, the 100-year floodplain will be managed using a site -wide 4 dynamic modeling methodology and a Letter of Map Revision ("LOMR") for existing conditions 5 will be submitted to FEMA and the SJRWMD to formally establish the floodplain elevation on the 6 Restoration site and in the immediate vicinity surrounding the Restoration site. Volusia County 7 and the City of New Smyrna Beach will be provided a copy of the LOMR for informational 8 purposes. 9 The system will be designed to attenuate the 100-year interval, 24 hour duration design 10 storm event such that no increases to the elevations of off -site floodplains occur. In addition to 11 the minimum State standard of maintaining the existing peak flow rates, the applicant shall be 12 tasked to demonstrate compliance with Volusia County Land Development Code, Section 13 804.01(3) in effect on the date of original Development Order approval. A control regime will be 14 established and approved by Volusia County insuring that any impoundment for stonmwater 15 treatment and/or improved wetland hydroperiod will not be discharged in a manner that 16 adversely impacts the downstream watersheds from a water quantity and water quality 17 standpoint and ensures that emergency discharges prior to any pending storm advisory are 18 prohibited. 19 Existing and proposed impoundments to be developed within the Restoration boundaries 20 will detain flood waters on the property such that pre -development rates of discharge and off- 21 site flood elevations are not exceeded. 22 Base flood elevations in the post -developed condition will be established by an 23 additional LOMR. All habitable structures shall have their finished floor elevation set at 24 minimum of one foot above the established applicable base flood elevation. 25 8. NATURAL SYSTEMS AND RESOURCES 26 (a) Habitat Conservation and Management. Except as otherwise allowable 27 by this Development Order, or by permits obtained by the Master Developer from 28 any one or more of the Florida Fish and Wildlife Conservation Commission 29 ('FFWCC'), the U.S. Army Corps of Engineers ("ACOE'), or the U.S. Fish and 30 Wildlife Service ('FWS'), site development activities on the Property shall not 17 FINK. 102542651.15 Instrentll 2010-040810 1 51 Book: 6452 Page: 3346 1 result in the harming, pursuit or harassment of wildlife species classified as 2 endangered, threatened, or a species of special concern ("listed species") in 3 contravention of applicable State or Federal laws. Should such listed species be 4 at any time determined to be roosting or residing on, or otherwise significantly 5 dependant upon the Property, the Master Developer or Developer, as 6 appropriate, shall take all steps required by either State or Federal law, and the 7 regulations and rules implementing the same, to conduct all necessary 8 evaluations as to the impacts proposed as to any listed species and to provide 9 appropriate protection to the listed species identified in conformity with and to the 10 satisfaction of all agencies of either the Stale or Federal government having 11 jurisdiction over the same. Further, the Master Developer, or Developer, as 12 appropriate, shall obtain such permits and licenses as are required under State 13 and/or Federal law to ensure that the development program contemplated by this 14 Development Order is in full compliance with all applicable laws and regulations 15 or rules implementing the same. The conservation, preservation and 16 management of existing regionally and locally -significant natural resources, 17 including listed species, shall be accomplished through the ongoing process 18 described in the following paragraphs. 19 (1) Habitat conservation and preservation activities shall be guided by 20 the She Mitigation and Management Plan ("SMMP") that is prepared by 21 the Master Developer and submitted to the City together with the 22 "reviewing agencies; namely the SJRWMD, Volusia County, ECFRPC, 23 ACOE, USFWS and FFWCC for review and comment. The City will 24 provide a ninety (90) day review and comment period for reviewing 25 agencies, and if the reviewing agencies or any one of them fail to 26 comment within the ninety (90) day period their right to further review and 27 comment on the SMMP shall be terminated except as noted below. If the 28 City receives comments from any one or more of the reviewing agencies, 29 the comments will be promptly provided to the Master Developer who 30 shall bear the responsibility for responding to the same by advising both 31 the City and the reviewing agency that it (1) accepts the comments and 32 will adjust the terms and conditions of the SMMP to incorporate the 33 suggested changes, (2) accepts the comments with modifications or (3) 18 FMAL 102512851. 15 Instrument# 2010-040810 # 52 O Book: 6452 Page: 3347 1 rejects the comments. The Master Developer will use its best efforts to 2 reach an accommodation with the reviewing agency to the end that both 3 the Master Developer and the reviewing agency accept the adjustments 4 proposed or modified through further review and discussion between the 5 reviewing agency, the Master Developer and the City. This supplemental 6 review process will extend the overall review of the SMMP for an 7 additional forty-five (45) days, but only those reviewing agencies who 8 offer comments shall have the benefit of the extension; all others shall be 9 governed by the ninety (90) day deadline. To the extent any one or more 10 of the reviewing agencies have a right independent of the SMMP review, 11 to review and comment on any other environmental permit required to be 12 obtained by the Master Developer, that agency's review of the required 13 permit application will be conducted pursuant to applicable law, rules and 14 regulations governing the same. The City will complete the entire review 15 process of the SMMP including the review by the reviewing agencies, 16 within ninety (90) days of submittal of the draft SMMP by the Master 17 Developer except as noted above. The scope of the City review is to 18 determine if the SMMP is consistent with the provisions of this 19 Development Order and applicable City ordinances. Comments received 20 from the reviewing agencies, if any, will be incorporated into the SMMP if 21 agreed to by the City, the ECFRPC and Master Developer. Otherwise 22 they will be incorporated as information items in the compliance letter 23 issued by the City, but will not constitute a basis for a determination of 24 noncompliance. The SMMP will be submitted as part of any initial ERP 25 application to the SJRWMD and/or the ACOE not later than one hundred 26 twenty (120) days following final approval and adoption of this Amended 27 and Restated Development Order. In the event City fails to respond 28 within one hundred thirty-five (135) days of receipt of the SMMP, the 29 failure to issue a compliance letter shall be construed to be a finding that 30 the SMMP is in compliance with the adopted Development Order. The 31 SMMP will be submitted pursuant to Chapter 380.06 (19), Florida 32 Statutes prior to development commencement and the SMMP shall be 33 adopted in accordance with Policy 4.1.11 of the SCD. 19 FINAL 102542851.15 Instruisentl 2010-040810 0 53 Book: 6452 Page: 3346 1 (ii) The issuance of environmental permits by any one or more of the 2 identified reviewing agencies or in the case of the t1SFWS, the inclusion 3 of conditions in an ACOE permit, shall constitute certification that the 4 SMMP is consistent with and supportive of the terms and conditions 5 contained in the environmental permits. 6 (ill) The City will not require any wildlife habitat or resource mitigation 7 measures other than required by any applicable state and federal 8 statutes, rules and regulations, this Development Order and the SMMP. 9 (b) The Site Mitigation and Management Plan Components. The SMMP 10 shall, at a minimum, address the issues and components listed below, to wit: 11 (i) promote regional planning for preservation, restoration and 12 management of habitats and wildlife on the project; 13 (ii) protection of regionally significant Volusia Environmental Core 14 Overlay Lands (Map "A°) extending through the project site and 15 accompanying Spruce Creek Swamp floodplain; 16 (ill) restore natural drainage on the site and improve local hydrological 17 connections; 18 (iv) provide protection of wetlands during construction activities; 19 (v) preservation, restoration and management of upland habitats and 20 identification of recreation uses of conserved areas; 21 (vi) provide adequate buffers for wetlands; 22 (vii) provide for the removal of planted pine from wetlands; 23 (viii) replanting wetlands as permitted; 24 (ix) restoration of site hydrology to support restored wetlands; 20 FINAL 102542851.15 Instnlsentl 2010-040810 d 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O Book: 6452 Page: 3349 (x) convert pine plantations to a more natural upland and hydric pine 8atwood regime and institute prescribed burning to sustain hydric pine flatwoods; (xi) preserve habitats for protection as outlined in the SMMP for the following: (1) Rugel's pawpaw (2) Southern Bald eagle (3) Florida black bear (4) Swallow-tailed kites (5) Gopher Tortoises (6) other listed species and indigenous wildlife (xii) provide littoral zones planted with native plants adapted to site conditions around selected stormwater management ponds and water storage areas for wading bird usage; (xiii) establish entity, appropriate instruments (e.g., conservation easements), and adequate funding to secure and manage preserved areas in perpetuity; (xiv) provide for resident education regarding the purpose and methods of the SMMP including specific ways that the landscaping guidelines described below in Section V.18 protect water and wildlife resources; (xv) establish protocols for exotic and nuisance plant control; (xvi) provide for periodic monitoring and reporting of the outcomes resulting from the utilization of the SMMP; (will provide for management of gopher tortoises consistent with applicable Florida law; (xviii) provide for trash receptacle and dumpster program to manage wildlife intrusion; 21 FINAL 102542851.15 Instruentt 2010-040810 4 55 —' Book: 6452 Page: 3350 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (xix) provide for educational program for residents and business within Restoration to aid in preventing human conflict with wildlife; (xx) provide for inclusion of additional protocols as hereinafter set forth; and (xxi) provide for timing for commencement and completion of the restoration conservation areas pursuant Policy 4.1.11 of the SCD. (c) A composite exhibit will be prepared and included with the SMMP that identifies all areas within the Restoration DRI that will be encumbered by conservation easements to protect and preserve the natural resources within the Restoration DRI. Conservation easements will be conveyed to appropriate grantees after review and approval of the SJRWMD, ECFRPC, Volusia County and the City. All conservation easements will name the City as a co -grantee but the City will not have any responsibility for the costs associated with the maintenance and management of the lands encumbered by the conservation easements. All conservation easements will be in place and recorded in the public records of Volusia County no later than the date of the issuance of the first building permit authorizing the construction of horizontal improvements or land clearing on the Restoration site or such earlier time as might be required by either the state or Federal government in their respective permits authorizing impacts to wetlands within the Restoration site. The Conservation Easement(s) shall run with the land and shall be written in such a manner so as to provide for enforcement rights by the City of Edgewater, The St. Johns River Water Management District and to the extent required, third party enforcement rights by the U.S. Army Corps of Engineers and any other person or party that the permits authorizing the wetland impacts might require. Such grantees shall have the capacity and capability of conserving the lands and resources contained within a prospective conservation easement and the conservation lands and easements that encumber them shall be consistent with the requirements set forth in the SCD Comprehensive Plan Amendment. Information about the SMMP and the Conservation Easement(s) shall be set forth in the Covenants, Conditions and Restrictions (CCRs) of the Restoration SCD and recorded as part of the chain of title in the Public Records of the Volusia County, Florida. FINAL 102542851.15 22 Instrument# 2010-040810 If 56 " O Book: 6452 Page: 3351 1 (d) The SMMP shall also contain a plan for funding all aspects of the SMMP, 2 including, but not limited to, the long-term maintenance required for all habitat 3 management areas, habitat restoration, construction of eco-passages and 4 education, monitoring and enforcement of landscaping guidelines. The plan will 5 provide for the long-term availability of management funds, which will not be 6 subject to homeowner or property owner referenda. A Master Property Owners 7 Association or other similar entity (a Community Development District, for 8 example) will be identified as the successor to the Master Developer for long- 9 term funding and Implementation of the SMMP. 10 9. WETLANDS 11 (a) All development shall comply with the Rules, Regulations and permitting 12 standards of the City, the SJRWMD and the ACOE relative to development in or 13 adjacent to wetlands. 14 (b) Proposed wetland impacts on the site are shown on Exhibit "E' attached 15 to this Development Order. The wetland impacts shown on Exhibit "E' are 16 proposed under permits to be applied for and obtained from the SJRWMD and 17 the ACOE. Any modification of wetland impacts, including allowance or 18 relocation of impacts by either or both of the SJRWMD or the ACOE shall, to the 19 extent permitted, be deemed acceptable and such modifications shall be deemed 20 approved and incorporated by reference into this Development Order and the 21 SMMP. 22 (c) Unavoidable losses of wetlands as defined by the SJRWMD and the 23 ACOE, shall be mitigated through restoration, enhancement, creation or 24 preservation of wetlands and uplands within the Restoration boundaries and in 25 accordance with adopted rules and regulations of the SJRWMD and ACOE. The 26 mitigation criteria of the SJRWMD and ACOE, as modified from time to time and 27 as reflected in the SJRWMD and ACOE permits to be obtained shall be used in 28 implementing such mitigation requirements, together with any additional 29 restrictions, conditions and limitations contained in the construction permit(s) 30 issued by the SJRWMD thereafter. On -site wetland mitigation approved by the 31 SJRWMD and the ACOE shall be set forth in the SMMP. 23 FINAL 102542851,15 Instnaenti 2010-OM10 ! 57 ©Book: 6452 Page: 3352 1 (d) Upland buffers between on -site wetlands and any type of development or 2 land alteration shall, to the extent possible, be fifty (50) feet on average and 3 twenty-five (25) feet minimum, but if not possible, the buffer shall default to the 4 standards established in accordance with SJRWMD approvals. Such buffers 5 shall be delineated with temporary construction fencing prior to construction to 6 allow these areas to be maintained with existing or restored native vegetation. 7 (a) The on -site wetlands systems, upland buffers, and other areas 8 designated for conservation/preservation or on -site mitigation as identified 9 elsewhere in the SMMP in the SJRWMD and ACOE permits to be obtained shall 10 be regarded as preservation areas and identified as separate tracts in 11 accordance with the requirements of SJRWMD, the ACOE and the standards for 12 platting as applied by Volusia County and the City. Developmental uses of these 13 areas shall be restricted by Conservation Easements conveyed to the 14 appropriate grantees after review and approval of the SJRWMD, the ACOE, the 15 City and other applicable agencies having jurisdiction over the same. Volusia 16 County and the ECFRPC shall be provided copies of such easements. Use of 17 these areas shall be limited to nature trails and bikeways, elevated boardwalks, 18 installation and management of monitoring wells and production wells for potable 19 water and other uses permitted by the SJRWMD and the ACOE and which can 20 be constructed and maintained in such a manner that adverse impacts to 21 adjacent and nearby wetlands and habitat protection areas are avoided and 22 minimized. Maintenance of these areas will be as set forth in the SMMP and/or 23 permits authorizing their construction. Nothing in the language of the 24 Conservation Easement shall preclude the Developer or other entity designated 25 by the Developer from performing maintenance or management of these lands 26 as long as these activities are consistent with the protocols set forth in SMMP 27 and/or the permits issued by the SJRWMD and the ACOE. 28 (f) All preservation areas, upland buffers and mitigation areas shall be 29 platted as tracts and/or easements with development rights eliminated except as 30 noted in e. above. All such areas will be administered and managed by the 31 Master Developer or an HOA, POA, CDD or other legal entity consistent with the 32 requirements of the SMMP and/or the permits issued by the SJRWMD and the 33 ACOE. If an HOA, PDA or CDD or other legal entity administers and/or the 24 FINAL 102542851.15 Instrumentt 2010-040010 8 58 7 O Book: 6452 Page: 3353 1 Grantee of the Conservation Easement manages these areas, then it shall have 2 the power to assess and lien property owners within the Restoration 3 development for the purpose of ensuring adequate funding to implement the 4 purposes set forth herein and in the SMMP unless other alternative and 5 adequate funding mechanisms are put in place. 6 10. WATER SUPPLY AND WATER DUALITY 7 (a) The City of Edgewater Consumptive Use Permit authorizes the City to 8 produce water in amounts that are adequate to support the development of 3,222 9 residential units and 468,237 square feet of nonresidential space (hereinafter 10 referred to as 'Water Supply Phase 1") of the Restoration development without 11 compromising the City's obligation under separate Interlocal Agreements to 12 provide up to 450,000 GPD to Volusia County. Accordingly, the City will, at the 13 Developer's expense, provide water to the Restoration development adequate to 14 support Water Supply Phase 1. However, the Restoration Project shall not 15 proceed beyond the development of product required to utilize Water Supply 16 Phase 1 capacity until an adequate water supply source is identified that will 17 support the additional development and the same is demonstrated through an 18 appropriate modification to the City of Edgewater Consumptive Use Permit or the 19 designation of an Alternative Water Supply source that is approved by the 20 SJRWMD and the City of Edgewater without compromising the preexisting 21 obligations to meet the needs of current retail and wholesale customers. The 22 City does not guarantee the availability of water supply beyond the levels 23 currently authorized under its existing CUP, and the Master Developer 24 recognizes that future water supply production must be addressed and agrees to 25 participate with the City in the development of the same, including Alternative 26 Water Supply (AWS). 27 (b) To augment water supply, the Master Developer shall develop and 28 implement a quantifiable water conservation best management practices 29 "protocol' to be considered as a part of an "Alternative Water Supply." It will set 30 water budgets that describe and specify the reduced service levels to be 31 achieved in potable water use and the mechanisms to be employed in order to 32 accomplish the same including, without limitation, specified reductions in irrigated 25 FINAL 1025 2851.15 Instrusenti 2010-040810 # 59 /1 Book: 6452 V Page: 3354 1 areas within the build envelope of the Project. Such protocols will be subject to 2 the review and approval of the SJRWMD, ECFRPC and the City. 3 (c) The Master Developer shall address pesticide and nutrient control within 4 the Restoration DRI by developing a program that is consistent with the 5 University of Florida's Florida Yards and Neighborhoods ("FYN*) Recognition 6 Checklist (January 2007 version) or to a comparable landscape standard 7 determined in cooperation with PREC or another comparable, credible agency. 8 The program shall be referenced and incorporated into the SMMP, and where 9 appropriate, in a CDD or a Homeowners or Master Property Owners Association 10 Covenants, Conditions and Restrictions ("CCRs"). 11 (d) The CCRs will include a requirement obligating the POA or the HOA for 12 ongoing education within the Restoration community to include as an example 13 (1) a requirement that all homebuyers and subsequent purchasers be given 14 copies of the landscaping standards in the form of an Operations and 15 Maintenance Manual, and (2) provision for the incorporation of interactive 16 environmental education materials accompanied by a website with current 17 environmental education content for the Restoration community. 18 (a) The Master Developer or a legal operating entity established in 19 accordance with the SJRWMD Basis of Review criteria will monitor and maintain 20 stormwater management, lakes, ditches, wetlands and preserved uplands after 21 establishing baseline conditions consistent with the environmental permits to be 22 obtained from the SJRWMD and the ACOE. To the extent required by the 23 permits aforesaid, the Master Developer will report on the monitoring results in 24 each Biennial DRI report and will use the same to modify homeowner education 25 and landscaping source control guidelines as needed. 26 (f) The Master Developer and all other developers doing work within the 27 Restoration DRI will employ best management practices for erosion and turbidity 28 control and these practices must be detailed on construction plans that are 29 subject to review by the City of Edgewater. 30 (g) The provisions of Florida Water Star -see Silver certification program as 31 administered by the SJRWMD and published in January 2009 shall apply to 26 FIN 1a 2851.15 Instrulentl 2010-040BIO 8 60 O Book: 6452 Page: 3355 1 development within Restoration. Updates or revisions to January 2009 Silver 2 version, if adopted, shall govern and apply to Restoration to the fullest extent 3 practicable. 4 (h) The Master Developer will integrate both source control and treatment 5 train approaches to protecting wetlands and water quality through (1) source 6 control measures specified as a requirement in the landscaping standards and 7 accompanied with monitoring and reporting in the Biennial DRI reports for a 8 period of six (6) years after completion of the system described here, and (2) full 9 integration of a series of ecologically enhanced stormwater basin style wetlands 10 approved by the SJRWMD into the stormwater management plan. The Master 11 Developer will consult with representatives of the University of Florida/Institute for 12 Food and Agricultural Sciences ("US/IFAS") to develop these criteria more fully 13 and the outcome of this consultation will be reported in the first Biennial Report 14 required herein. 15 (1) To meet non -potable water use demands of the Project, the development 16 shall use the following sources in order of priority noted for surface irrigation of 17 common and private areas (including residential landscaping) unless prohibited 18 by the SJRWMD or other regulatory agency having jurisdiction over the use of 19 non -potable water: 20 0) Treated wastewater or reclaimed water made available to the 21 Property by the City or surface water stored on -site in surface water 22 storage ponds or other sources of stormwater reuse. 23 (ii) Potable water may be used in residential lots only if no lesser 24 quality source is available and then only for so long as is reasonably 25 necessary to either allow grow in of new plant material or to sustain 26 existing plant material. 27 (iii) All water used for irrigation, whether reclaimed or potable, will 28 require as a condition of use that soil moisture sensors or other smart 29 irrigation technology be employed so as to manage Flows and distribution 30 of water. The methodology to be employed shall be reported in the first 31 Biennial Report required herein. Verification of the use and proper 27 FINAL 102542851.15 Instrument# 2010-040610 If 61 Book: 6452 Page: 3356 1 functioning of these technologies will be conducted and reported in 2 subsequent Biennial Reports. 3 0) The Developer shall obtain water and wastewater services from the City 4 subject to the City's prevailing rate resolutions and ordinances. 5 (k) Prior to construction approval, the Master Developer shall enter into a written 6 agreement with the City to address the provision of infrastructure needed to 7 supply reclaimed water from the City's wastewater treatment facilities to the a Project in order to allow the project to meet the conditions in paragraph (1) above. 9 (1) The Master Developer shall provide for the installation of reuse infrastructure 10 necessary to serve all irrigated areas within the Project along with the installation 11 of utility infrastructure for the Project, provided, however, the City shall have no 12 obligation to provide reuse water to the Master Developer or the Development in 13 excess of that which is available to the Master Developer or the Development in 14 the ordinary course from the City's wastewater treatment facilities. The Master 15 Developer will bear the cost of the design and construction of the reuse lines 16 required to service the Project unless the City requires that such reuse lines be 17 oversized to accommodate uses outside the Project, in which case the City will 18 pay the cost associated with such oversizing. 19 11. PUBLIC FACILITIES. 20 (a) Sites sufficient for Fire, Emergency Operations, EMS, Police and utility 21 services will be provided to the City by the Master Developer within the Project in 22 locations to be mutually agreed upon and the Master Developer will coordinate 23 with the City to design and construct these facilities. For buildings to be 24 constructed other than utility buildings, the Master Developer will pay the costs of 25 the external shell of all buildings and the City shall pay the costs of the interior 26 partitions, furniture, fixtures and equipment. The solid waste transfer station, 27 water storage tank and wastewater expansion facility and the buildings that 28 support the same shall be paid for by the Master Developer. In addition, the 29 Master Developer shall locate a site suitable for a new city hall or an adjunct city 30 hall at a location to be determined by the City and Master Developer and shall 31 dedicate such site to the City provided the City elects to relocate the city hall or 28 FINAL 102542851.15 Instrument# 2010-040810 If 62 C O Book: 6452 Page: 3357 1 adjunct city hall within Restoration. If located within the Restoration site, the 2 Master Developer will also design and construct the new city hall or adjunct city 3 hall, at its sole cost and expense, exclusive of furniture, fixtures and equipment, 4 and dedicate such city hall facility to the City. If the City determines not to 5 relocate city hall to the Restoration site, but elects to locate city hall on lands 6 outside of Restoration, then the Master Developer will make a one time financial 7 contribution to the City for the development of the new city hall in an amount that 8 represents twenty percent (20%) of the cost of design and construction of the 9 external shell of the new city hall not to exceed Seven Hundred Fifty Thousand 10 Dollars ($750,000). In addition to the Utility Site, four (4) well locations will be 11 reserved on -site in the locations shown on Map 'H-1 ' Exhibit' .' The Utility Site 12 will also allow room for a solid waste transfer facility, a water storage tank and a 13 wastewater expansion facility. The well locations as currently shown on Map'H- 14 1' will be subject to appropriate testing to determine the probable productivity of 15 the locations. If the locations shown on Map 'H-1' prove, after appropriate 16 testing, to not meet ordinary production criteria either for quantity or quality, then 17 the Master Developer will cooperate with the City in an attempt to locate 18 alternative well sites within Restoration to accommodate the requirement set 19 forth in this section. The cost of any testing undertaken by the City in order to 20 determine the suitability of any one or more of the proposed well sites for the 21 production of both the quantity and quality of potable water will be paid for by the 22 Master Developer to the extent that such water is to be used in Restoration, 23 otherwise the Master Developer will pay only its proportionate fair share of the 24 costs of testing. 25 (b) The City will reasonably cooperate with the Master Developer to build the 26 facilities identified in the locations provided or otherwise agreed upon in a 27 manner and form that is supportive of the architectural and landscape protocols 28 established by the Master Developer in those locations within the Restoration 29 DRI. These will include compliance with the protocols established for work in 30 natural/preserve areas as set forth in the SMMP as the same may be amended 31 by the SJRWMD and USACOE permits to be obtained and as the same may be 32 memorialized in the conservation easements. 29 FINAL 102542851.15 Instrument# 2010-MIO # 63 0 Book: 6452 V Page: 3358 1 (c) The potable water supply system will be designed as a hydraulically 2 efficient, looped distribution system with adequately sized lines to provide fire 3 protection. The Master Developer will be responsible for and pay the cost of the 4 design and construction of all potable water lines necessary to service the 5 Project unless the City requests that lines installed or to be installed by the 6 Master Developer are to be oversized to accommodate additional development 7 outside of Restoration. In the latter event, the City will be paying the cost for 8 oversizing such water lines. 9 (d) The Master Developer shall be responsible to design, construct and pay 10 for sewer line(s) to service the Project. The sewer line(s) will run from the 11 nearest appropriate location as determined by the Master Developer and the City 12 to the Project. So long as said sewer line(s) serves only the Project, the City 13 shall not contribute any costs for the same. If the City requests that the sewer 14 line(s) to be constructed pursuant to this provision be oversized to accommodate 15 lands outside the boundaries of Restoration, then the City shall pay all cost 16 associated with such oversizing. 17 (a) The City will provide potable water, sanitary sewer service and reuse 18 service to Restoration subject to the terms and conditions set forth herein. 19 12. AFFORDABLE HOUSING. The Affordable Housing Analysis prepared for 20 the Restoration DRI ADA using the approved ECFRPC methodology concluded that affordable 21 housing may be required in all phases of the Restoration development. The methodology to 22 determine the number of and product types of on -site affordable housing units that may be 23 required will be governed by the City's Land Development Code, Comprehensive Policy Plan 24 and/or PUD Agreement. However, should the City not have an adopted work -force housing 25 ordinance in place prior to such time as affordable housing is warranted within the Project, the 26 Master Developer shall conduct a study to determine very low, low and moderate income 27 housing needs using the then applicable ECFRPC Affordable Housing Methodology. Additional 28 studies shall be conducted for all future phases prior to their commencement. If the ECFRPC 29 methodology is applied, compliance with the ECFRPC methodology shall also mean meeting 30 the requirements to appropriately mitigate impacts for all phases as identified in said 31 methodology, however, the preferred mitigation is construction of workforce or affordable 32 housing within the Restoration DRI. Regardless, the Developer will target not less than ten 30 FINAL 102542851. 16 I.rlstrumenta 2010-MID S 64 O Book: 6452 Page: 3359 1 percent (10%) of the residential development evenly distributed within each phase to be 2 constructed as either for sale or rental housing product that is attainable by those persons 3 whose incomes fall between eighty percent (80%) and one hundred forty percent (140%) of the 4 Volusia County's Average Median Income. Continuing affordability provisions may, if 5 appropriate, be included in the leasing agreements, deed for the land or other applicable 6 mechanisms. The Restoration DRI can mitigate for very low and/or low affordable housing 7 deficiencies with accessory dwelling units. The total number of the ADUs, available for credit 8 against the affordable housing required is four hundred (400). 9 13. SCHOOLS. The Restoration DRI shall comply with the terms of the CEA 10 entered into between the Master Developer, the Volusia County School Board, and the City. In 11 order to mitigate the impact of the students to be generated from development of the 12 Restoration DRI, pursuant to the terms of the CPA Developer shall convey to School Board 13 property consisting of approximately eighty-five (85) acres. This land dedication and 14 conveyance is anticipated to allow for two non -adjacent school sites located in separate portions 15 of the Property and in the locations depicted generally on the Master Development Plan, Map 16 "H° (Exhibit "B"1. The Master Developer shall comply with the timing and conveyance 17 procedures delineated in the CEA, and shall be entitled to school impact fee credits in 18 accordance with the procedures delineated therein. (See Article V, Section 70-181(b)(3), 19 Volusia County Code.) 20 At any time that the Master Developer or a subsequent Developer on the Property elects 21 to convert commercial land use to residential land use via the land use conversion matrix, the 22 additional impacts to the public school system shall be reviewed and addressed by the School 23 Board of Volusia County. 24 14. TRANSPORTATION 25 (a) The Restoration DRI is to be developed as a Transit Oriented 26 Development ("TOD") consisting of a compact mixed -use undertaking coupled 27 with the development and operation of an electric fixed rail transit system within 28 the Transit Corridor also known as Williamson Boulevard. By doing so, it is 29 expected that Restoration will lower levels of automobile use per capita and give 30 rise to shorter trips when the automobile is used. The combined effect of 31 compact TOD development and the presence of a significant alternative mode of 31 FINAL 102542851.15 Instnaent# 2010-040010 # 65 OBook: 6452 Page: 3360 1 transportation in the form of fixed rail electric transit is expected to give rise to a 2 lowering of Vehicle Miles Traveled ("VMT") per capita and therefore greater use 3 of the proposed alternative mode of transportation; the rail transit within 4 Restoration. 5 (b) Prior to the issuance of any certificates of occupancy, the Master 6 Developer shall provide 150 feet of right-of-way for and construct a four -lane 7 extension of Indian River Boulevard, herein referred to as the Indian River 8 Boulevard Extension, from Williamson Boulevard to the intersection at the 1-95 9 Southbound Ramps (a distance of approximately one mile). The City shall grant 10 full vesting for the project with respect to impacts to Indian River Boulevard 11 Extension through build out of Phase 3 (11,245 total PM Peak -Hour Trips). 12 (c) An agreement pertaining to improvement #5 in the table shall be entered 13 into between Volusia County and the Master Developer within twelve (12) 14 months after the effective date of the Development Order for this project. An 15 agreement pertaining to improvements 1, 2, 3, 4, 6, and 7 has been entered into 16 between the Florida Department of Transportation, and the Master Developer 17 prior to adoption of this Development Order by the City and said agreement shall 18 be transmitted with this Development Order to the DCA as attached Exhibit "G". 19 Said agreement(s) shall address the manner in which the project impacts 20 pertaining to those improvements identified in the attached table will be 21 mitigated. The value of the project's proportionate -share shall be calculated in 22 accordance with the agreed upon costs and the proportionate -share percentages 23 identified in the table below. The agreements shall address the timing of 24 mitigation payments, the option of pipelining proportionate share mifigation fees, 25 and any provisions for transportation impact fee credits against proportionate 26 share and mitigation fees. Separate agreements may be entered into with one or 27 more parties and the Master Developer. 28 Upon the Master Developer's entering into an agreement pertaining to 29 improvements 1, 2, and 3 identified in the table, then the development shall be 30 vested with respect to impacts to the interchange at State Road 442 and 1-95 31 through all development that cumulatively generates no more than 2,220 two- 32 way PM peak -hour trips or 1,243 PM peak -hour directional trips on the Indian 32 FlN 102542861.16 Instruent► 2010-040810 # 66 Book: 6452 ` Page: 3361 1 River Boulevard Extension immediately west of the 1-95 Southbound Ramps. 2 Additionally, the Restoration DRI shall implement an annual traffic count program 3 to measure external project trips leaving the site, commencing one year following 4 the M&M Study for Transportation Phase 2a and continuing through completion 5 of Transportation Phase 2b of the development program. The annual counts will 6 quantify project trips traveling through the interchange of S.R. 442/1-95. The 7 methodology for the data collection shall be coordinated with the FDOT, Volusia 8 County, and the City of Edgewater. The City of Edgewater will provide notice of 9 the findings to the City of New Smyrna Beach. However, should volumes 10 traveling through the S.R. 44211-95 interchange (Indian River boulevard west of I- 11 95) exceed the Transportation Phase 2 threshold of 1,243 peak -hour peak- 12 directional project trips or 2,220 peak -hour two-way project trips, no further 13 building permits shall be issued until it can be demonstrated that (1) adequate 14 additional capacity exists within the interchange area or (2) additional 15 improvements are identified to provide sufficient capacity and agreements are in 16 place to mitigate the project's impact. Improvement ur. 61 1 ,u. 111 -S.R 442m 1-95lyd lhmge 1npovmnm6 win produce the fallowing iutr cnon geohnan. S.R 442 d 1-95 SB Rmnps EB Appoeoh: 2 through tan and 1 Ihrougl✓nght-torn lane(iouck through lane to feed ML d NB Rauy:sinte or) WB Approach: 2 Orrough Imes v Ileft. lent SB Approach: 2left4hvn Ices and 1 chmue M nght4um 1. S.R 442 A I-95 NB Ranhgs EB Apporh: 2 through lanes and 1 kft-turn 1. we Apporh: 2 through lanes and 1 chanutibcd right -turn lane 17 Na Approach: 1left-turn lane and I channelir right -turn lane 33 FINAL102542851.15 Instroentil 2010-040010 i 67 ©Book: 6452 Page: 3362 1 (d) The Restoration DRI shall be divided into the following vehicular traffic or 2 Transportation Phases and subphases based on reaching any of the following 3 thresholds or years, as indicated below. Identified in subsection (a) below are 4 traffic mitigation undertakings of the Master Developer as set forth. External' External* External' External* Peak Peak Hour Peak Peak Hour Phase 8 Daily Daily Trips Daily Daily Trips Hour Trips Hour Trips Year Trips Cumulative Trips Cumulative Trips Cumulative Trips Cumulative Phase la 13.179 13,179 1.770 1,770 1,273 1,273 2010 18,610 18.610 Phase lb 13.178 26,355 1.770 3,540 1,272 2,545 2013 18,609 37,219 Phase 2a 22,906 60.125 13,808 40,163 2,241 5,781 1.334 3,879 2018 Phase 2b 22,905 83,030 13.807 53,970 2,241 8,021 1,333 5,212 2018 Phase 3 31,978 114,828 3,439 1 57,409 1 3,224 1 11,245 1 409 1 5,e21 2023 5 6 ' External trips reflect anticipated internalization reductions but not passer-by reductions. 7 (a) Monitoring and Modeling. Prior to the initiation of Transportation 8 Subphase 1b, Transportation Phase 2a, Transportation Phase 2b and 9 Transportation Phase 3 as identified in the preceding paragraph, the Master 10 Developer shall conduct a monitoring/modeling program. This program shall 11 ascertain the Level of Service ("LOS") on facilities where the Restoration DRI is 12 estimated to contribute an amount of traffic greater than or equal to five percent 13 (5%) of the adopted LOS service volume. The methodology of the 14 monitoring/modeling program shall be agreed upon by the City of Edgewater, the 15 ECFRPC, Volusia County, the Florida Department of Transportation ("FDOT"), 16 and the Florida Department of Community Affairs ('DCA") and the Developer. 17 The City of New Smyrna Beach will be notified of such meetings and will be 18 provided a notice of findings. The depth of each monitoring and modeling effort 19 shall be similar to that required within an ADA (to include all subsequent phases 20 for projected roadway adversity testing) but shall be consistent with the 21 requirements of the City of Edgewater Concurrency Management Systems as it 22 relates to facilities within that jurisdiction. All studies and monitoring/modeling 23 programs shall be consistent with the ECFRPC's methodology. Empirical data 24 will be required to be collected for the monitoring and modeling program on 25 facilities where it is estimated that the project contributes an amount of traffic 34 F1r 10 12851.15 Instrueentl 2010-040610 6 68 C O Book: 6452 Page: 3363 1 greater than or equal to five percent (5%) of the adopted LOS maximum service 2 volume. This shall include an origin -destination survey to verify project trip 3 distribution on the external roadway network no earlier than seventy-five percent 4 (75%) through any applicable Transportation Phase or Subphase. The origin- 5 destination survey shall also verity the percentage of project trips that travel 6 tolfrom the development currently known as Reflections. Concurrent with the 7 timing of the origin -destination study, a trip generation and internal capture study 8 shall be performed to verify trip generation and internal capture assumptions for 9 the development. A trip length study shall also be conducted to verify model 10 results. In the event that all parties cannot come to agreement on the 11 methodology, the ECFRPC, FDOT, the City of Edgewater and Volusia County 12 shall be the final arbiters. The City of Edgewater's decision shall be final as it 13 relates to the City of Edgewater facilities, the FDOT's decision shall be final on 14 state facilities, Volusia County's decision shall be final on Volusia County 15 facilities and the ECFRPC's decisions shall be final as it relates to all other 16 facilities. The City of Edgewater will provide notice of findings to the City of New 17 Smyrna Beach. The study prior to buildout will be for informational purposes 18 only. Each M&M shall provide a roadway needs analysis for each future phase 19 as well as the phase being tested for mitigation requirements. 20 The facilities to be monitored/modeled for the next Phase or Subphase shall 21 include, but shall not be limited to, those segments of the regional roadways 22 listed below and one segment beyond where the Restoration DRI is estimated to 23 contribute a cumulative amount of traffic greater than or equal to five percent 24 (5%) of the adopted LOS service volume. The analyzed facilities will include 25 signalized intersections and link analyses of collector and higher classified 26 roadways and interchange ramps. 27 The City of Edgewater, the ECFRPC, Volusia County, the FDOT, and the DCA 28 shall have the right to make reasonable requests for additional information from 29 the Developer to verify adherence to these provisions. The Developer shall 30 supply adequate information toward compliance with these requirements. 35 FINAL 102542851.15 Instnnmt# 2010-04MIO C 69 ^1 Book: 6452 J Page: 3364 Candidate Roadways' for Monitoring/Modeling Study Ra.dw.y From To S.R. 44 14 Magnolia Street Sugar Mill Drive S.R. 44 Pioneer Trail S.R. 442 (Indian River Boulevard) Williamson Boulevard U.S.1 Fan Smith Boulevard Howland Boulevard S.R. 415 S.R. 415/Tomoka Farms Road Howland Boulevard Pioneer Trail 1-95 S.R 442 U.S. 92 Old Mission Road/Mission Drive SA 442 S.R. 44 U.S. 1/S.R.5 Falcon Awnue/Rivemide Drive S.R. 442 Dunlawmn Avenue Taylor Road Spruce Creek Road Airport Road S.R. 44 Pioneer Trail Taylor Road 1-95 Clyde Morris Boulevard 2 •kaenenim malysuofall roadways and ramps shall b included 3 (f) Monitoring and Modeling Results/Mitigation. The Restoration DRI 4 shall not commence beyond Transportation Phase 1 (an equivalent of 2,940 5 external peak hour trip ends) into Transportation Phase 2 or from Transportation 6 Subphase 2a into Transportation Subphase 2b or from Transportation Phase 2b 7 into Transportation Phase 3 when service levels are below the minimum service 8 level adopted in the applicable local government's comprehensive plan during 9 the peak hour and the project contributes, or is projected to contribute with the 10 next phase of traffic, five percent (5%) of the adopted LOS service volume of the 11 roadway or intersection as determined by the monitoring program required in the 12 preceding condition, unless mitigation measures and/or improvements are 13 secured and committed for completion of construction during the phase in which 14 the impacts occur. The schedule of required roadway improvements shall be tied 15 to the development level at which the improvement is needed within each 16 Transportation Subphase. The Development Order shall be amended to 17 incorporate the required improvements and the commensurate trip level by which 18 the improvement is needed to support project development. 19 Consistent with the foregoing, Restoration will conduct a modified M&M study at 20 the end of Transportation Subphase is for the purpose of providing an interim 21 look at the impacts of Restoration on the regional transportation system. This 22 additional M&M study is for informational purposes only and no further mitigation 23 or road -way improvements shall be required until the M&M results demonstrate 24 the need for the same at the Transportation Phase break point between 25 Transportation Phase 1b and Transportation Phase 2a and between 36 FIr44L 102542851.15 Irstru4erltf 2010-040810 E 70 - O Book: 6452 Page: 3365 1 Transportation Phase 2a and Transportation Phase 2b and between 2 Transportation Phase 2b and Transportation Phase 3. 3 For the purposes of this Development Order, adequate "secured and committed' 4 mitigation measures shall include one of the following: 5 (i) A roadway improvement scheduled for construction within the first 6 three (3) years of the appropriate local government's adopted 7 comprehensive plan capital improvement element (or as otherwise 8 provided in the applicable jurisdiction's capital improvement element); a 9 roadway improvement scheduled for construction within the first three (3) 10 years of the FDOT's five-year Work Program. 11 (it) A binding financially secured and irrevocable commitment by the 12 Master Developer or other appropriate persons or entities for the design, 13 engineering, land acquisition and actual construction of the necessary 14 improvements coupled with the posting of a cash bond, surety bond, 15 irrevocable letter of credit, escrow account or other security in a form 16 acceptable to the agency of jurisdiction within the next three (3) years and 17 incorporated by reference into the development order. 18 (iii) Any other mitigation option specifically provided for in this 19 Amended and Restated Development Order. 20 (iv) Any other mitigation option permitted by law, including a local 21 government development agreement consistent with Chapter 163, Florida 22 Statutes, which mitigates the projected impact and is incorporated into 23 this Amended and Restated Development Order by future amendment. 24 (v) A proportionate share agreement provided by the Master 25 Developer pursuant to Rule 9J-2.045, F.A.C., and Chapter 380.06(15)(e), 26 Florida Statutes. 27 These mitigation measures shall occur by the required threshold in order for the 28 project to proceed through the balance of the applicable Transportation Phase. If 29 the Developer can demonstrate that a portion of a Transportation Phase does not 30 adversely affect the Regional Roadway network as determined by the monitoring 37 FINAL 102542851. 15 Instnmerltl 2010-040010 i 71 OBook: 6452 Page: 3366 1 and modeling tests discussed above, then the Developer may proceed with that 2 portion of the Transportation Phase (and onty that portion). 3 In the event that a roadway widening is identified which is not compatible with 4 adopted policy of the FOOT or local government (e.g., constrained), the 5 Developer, the City of Edgewater, or the party having either maintenance or 6 jurisdictional responsibility for the facility, together with the ECFRPC, shall 7 determine alternate mitigation solutions to provide for the movement of people. 8 Toward the achievement of the objectives in the two preceding conditions, an 9 agreement(s) among the City of Edgewater, City of New Smyrna Beach, Volusia 10 County, the FDOT, Florida Turnpike and the Developer may be entered into 11 within twelve (12) months of the issuance of a development order for this project 12 by the City of Edgewater. Said agreement(s) shall address and clarify such 13 issues related to equity in the application of collected fees for transportation 14 improvements. Application of fees shall be on a fair share basis with respect to 15 the improvements to be provided and not solely on the basis of impact fees. 16 However, such an agreement would not alter or waive the provisions and 17 requirements of the other conditions of the Amended and Restated Development 18 Order as a mitigating measure for the transportation impacts for the Restoration 19 DRI. In the event that one of the designated parties to the agreement (other than 20 the Developer) fails to execute said interlocal agreement(s) within the specified 21 time, then the Developer may proceed with the project based upon the 22 monitoring/modeling schedule and all other recommendations specified herein as 23 it affects the non -participating party. Separate agreements may be entered into 24 with one or more parties and the Developer. 25 The following state and regionally significant roadway segments are projected to 26 be both significantly impacted by traffic from the Restoration DRI development 27 and to operate below the adopted LOS standard. Mitigation must be in place 28 prior to the Restoration DRI entering the designated Transportation Phase unless 29 the results of the monitoring and modeling study document that mitigation is not 30 required for the development level requested for that portion of the development. 31 Alternative improvements may also be presented based on future monitoring and 32 modeling study results. This list shall be amended based upon the results of the 38 FlN 102542851.15 Instruentl 2010-040010 # 72 O Book: 6452 Page: 3367 1 Monitoring and Modeling study as necessary and incorporated into the Amended 2 and Restated Development Order. S1Nn M11 B.AH 4tlb(YmvepoN Wbnb6 495 S0. Hb1i9.0. HU WJnn6 U 8.1 Bivie Bbeb S0. N1 R'dnb6 P A— Tbtr Rotlb OR lbu0.vbrN W6lnbe Tp Botl16.0.H11 I-95b BVInbA.a'rptr Aotllmwavm Wibnml W WB TStr Retl 4blaMvbQYAbu BvkrN Whnml Wi1�+Bw1wbE N1�Pnb &tMb6.0.H New4� tl IYeO 84H SL415bN Batl W'trxi6 St. IMbllo Une Whnb6 lae IAS 6.RMn14&LM WM1nb6 I� W6 me IM 14$0. Hob U8.91 Im NBNS I SB �Rwt 6x44.b.0-Swig wum.a Wu AI Rnbak .SX0i wtlnm6 LtrYwbA— TwitrblmOAe MnYBuk�d WtlsbS Tptr b118.AH1) IAfbP�Y.NbMsiMy�tr Pwl BNmlbn Wbml I�WB Tgtrrntl pAwbe A�mebllH Akm B.xME Wmb1 W WAS— J,w buw.- Nm6.0.H Hawed MJ 39 FINAL 1025/2551.15 Insttventl 2010-040610 8 73 ^1 Book: 6452 1 Page: 3368 1 Eight laning of roadways may not be compatible with state and local plans. 2 Transit operations or alternate parallel facility improvements should be 3 considered. A timeframe and responsible party for the implementation of the 4 following improvements shall be identified by the start date for each 5 Transportation Phase at the beginning of each subsequent Transportation 6 Phase. 7 If the monitoring/modeling results as set forth hereinabove show that 8 improvements must be made to roadway facilities, and if mitigation is not 9 provided as set forth in these conditions or as otherwise required pursuant to 10 Rule 9J-2.045(7), then prior to any construction of future phases and subject to 11 the provisions of Chapter 380.06(15(e), Florida Statutes, the Developer, the City 12 of Edgewater and the entity with jurisdiction over the roadway facility may enter 13 into an agreement which ensures that: 14 (i) a proportionate share payment is made by the Developer to the 15 appropriate entity(ies) to mitigate project impacts; 16 (ii) said proportionate share payment shall be used by the appropriate 17 entity only for the design, engineering, right-of-way purchase, permitting 18 and/or construction of improvement to the segments/intersections for 19 which the payment is made; and 20 (iii) said proportionate share payment by the Developer constitutes 21 adequate provision for the public facilities needed with respect to the road 22 segments to accommodate the impacts of the project through the phase 23 for which the proportionate share was calculated, as required by Chapter 24 380.15(e)(2), Florida Statutes. All such proportionate fair share 25 agreements shall be included in this DO by amendment pursuant to 26 Chapter 380.06(19), Florida Statutes. The formula to be used to 27 determine proportionate share contribution is as follows: (DRI Trips) x Cost = Proportionate Share SV Increase 28 For this formula, DRI Trips is the cumulative number of trips from the 29 development expected to reach the roadway during the peak hour from the 40 FINAL 1025 2a91.15 Irlstrument3 2010-040810 t 74 O Book: 6452 Page: 3369 1 phase under development. Service Volume ('SV') increase is the change in 2 peak hour maximum service volume of the roadway resulting from construction of 3 the improvement necessary to maintain the desired level of service; and Cost of 4 Improvement is the cost (at the time of Developer payment) of constructing an 5 improvement necessary to maintain the desired level of service, including all 6 improvement associated costs (engineering design, right-of-way acquisition, 7 planning, engineering, inspection, and other associated physical development 8 costs directly required and associated with the construction of the improvement) 9 as determined by the governmental agency having maintenance obligations over 10 the roadway. Transit service and facilities shall be considered in the 11 proportionate share calculations. 12 Notwithstanding any provision contained herein to the contrary, except as 13 specifically agreed in writing, the City of Edgewater, and the entity with 14 jurisdiction over the roadway facility shall have no financial responsibility to 15 contribute to or participate in the funding of the design, engineering, permitting, 16 and/or construction of roadway improvements. 17 The monitoring and modeling required prior to each Transportation Phase or 18 subphase shall be used to verify impacts from previous Transportation Phases 19 and to more accurately estimate probable impacts from later Transportation 20 Phases. The M&M undertaken prior to Transportation Phase 2a shall also 21 assess full buildout. If necessary, the proportionate share amount will be 22 adjusted to reflect actual impacts from a phase and the more accurate 23 information, which will result from the estimates for later Transportation Phases; 24 provided, however, that any impacts from prior Transportation Phases which 25 have been mitigated in accordance with any of the methods set forth in this 26 Amended and Restated Development Order shall not be included in any 27 subsequent proportionate share calculations. If it is verified that the roadway 28 improvements mentioned above are still needed, then the project shall not 29 proceed into later Transportation Phases until either the proportionate share 30 payment is made or the needed improvements are scheduled for construction in 31 the applicable entities' work program within the first three (3) years from the date 32 when impacts are estimated to be significant and adverse. 41 FINAL 1025 2851A5 Instruentt 2010-040810 # 75 ©Book: 6452 Page: 3370 1 If the parties cannot reach agreement independently prior to the date when 2 impacts are estimated to be significant and adverse, or if so desired by the 3 parties at any time, then the issues in dispute shall be submitted to the ECFRPC 4 for either voluntary mediation pursuant to its adopted dispute resolution process 5 or to binding arbitration pursuant to the rules and procedures of the American 6 Arbitration Association ("AAA") unless otherwise agreed by the parties in dispute. 7 The solutions recommended as a result of this process shall be implemented and 8 the DO amended pursuant to Chapter 380.06(19), Florida Statutes, to include 9 these solutions. 10 In order to provide safe access and to preserve operational capacity, the need for 11 auxiliary turn lanes at project entrances and on -site intersections shall be 12 determined by the appropriate permitting agencies and if required installed by the 13 Master Developer. The Developer and the appropriate permitting agencies shall 14 confirm the need for and the cost of signalizalion at the Project consistent with 15 policies of the City of Edgewater and the appropriate permitting agencies. Signal 16 costs and geometric improvements at project entrances and on -site intersections 17 are the financial responsibility of the Master Developer through project buildout. 18 All such improvements shall be consistent with TOD protocols and pedestrian- 19 friendly design. 20 The development plan will include multiple roadways through the Restoration 21 DRI in order to provide adequate capacity and alternative routes through the 22 development. 23 (g) Funding Contribution to S.R. 44. The Master Developer's 24 transportation analysis has indicated that there is no need for transportation 25 mitigation for S.R. 44 between Airport Road and 1-95 for Phase 1 of the project. 26 Despite this analysis, the Master Developer shall make a fair -share contribution 27 towards the six-laning of this section to be determined as a result of the 28 Southeast Volusia Regional Transportation Study and any resulting interlocal 29 agreement between the City of New Smyrna Beach, Florida Department of 30 Transportation, and other parties which establishes a fair share formula and 31 mitigation plan, as required by the Volusia Growth Management Commission, for 32 this particular roadway section. The payment shall be made contemporaneously 42 Fl P 102542851.15 Instrusentt 2010-MIO t 76 r' O Book: 6452 Page: 3371 1 with payments of other developers subject to the intedocal agreement. In the 2 event that the six-laning of this section of S.R. 44 is not committed at the time of 3 future monitoring and modeling studies, this fair -share contribution shall be 4 applied as a credit against mitigation for future Transportation Phases of the 5 Restoration project along the subject segment(s) of S.R. 44 for which payment is 6 made. Should the fair -share contribution exceed the project's proportionate 7 share responsibility for these same improvements as calculated in the future 8 monitoring and modeling studies, then consideration shall be given to applying 9 such overpayment as a credit towards the project's proportionate share for 10 improvements to other roadways and/or intersections. 11 15. ALTERNATIVE TRANSPORTATION STRATEGIES. 12 (a) Flextime Initiatives, The Master Developer and/or Developers 13 developing in Restoration shall promote and encourage on -site employers to 14 offer variable work hours and Flextime schedules for their employees as one 15 means of reducing peak hour travel demand. Acceptable methods for'promoting 16 and encouraging" include, but are not limited to; provisions in land sale contracts 17 and/or Covenants, Conditions and Restrictions encouraging retail, office and 18 institutional uses to offer variable work hour and Flextime schedules to 19 employees; establishment of or participating in a Transportation Management 20 Association whose purposes include promoting and encouraging travel demand 21 management. The Master Developer shall select the method or methods for 22 compliance with this requirement prior to the sale of any land for retail, office or 23 institutional use, and will notify the City in writing of its selection and means of 24 implementing the selection and shall be included in Biennial Report. As part of 25 subsequent transportation modeling and monitoring programs an inventory of 26 employer -based, variable work hour and flextime programs will be conducted, 27 and the impact of the program evaluated in terms of reductions in peak hour 28 travel produced by the Project. 29 (b) Transit and Ridesharina. The Master Developer and/or Developers 30 developing within Restoration shall promote the use of transit, and ridesharing 31 programs by tenants, residents and employees. Promotion of the use of such 32 programs may be accomplished through: the display of service schedules in 43 FINAL 102642851.15 Instr m nt# 2010-04W10 9 77 Book: 6452 Page: 3372 1 prominent public gathering areas and near service stops; preferential parking for 2 vans and cars that are part of a ddesharing program; publication of newsletters 3 delivered to tenants, residents and employees that provides ddesharing 4 informatlon. As part of subsequent transportation modeling and monitoring 5 programs, the rideshare program will be analyzed, and the impact evaluated in 6 terms of use and reductions in peak hour travel attributable to the program. 7 (c) Bicycle/Pedestrian Systems. In the interest of safety, and to promote 8 alternative forms of transportation consistent with the SCD designation, the 9 Master Developer shall provide the following bicycle and pedestrian systems: 10 (i) The on -site bicycle systems shall be connected into any adjacent 11 external bicycle systems existing at the time of construction. 12 (ii) Protected walkways shall be designed into the front of non- 13 residential structures along Williamson Boulevard to the maximum extent 14 practicable, but such provision shall not be construed so as to create a 15 mandatory design element, but to create a heightened sensitivity to 16 ensuring cover from the elements for pedestrians walking on Williamson 17 Boulevard. 18 (iii) In all areas of the Restoration DRI, where cycling will be 19 accomplished on both sidewalk/bikeways and streets, appropriate 20 signage identifying bike routes shall be installed. 21 (iv) Special consideration shall be given to bikeways connecting 22 neighboring residential areas to employment and commercial areas. 23 (v) Bicycle support facilities, such as covered parking and lockers, 24 shall be provided at commercial areas and work areas. 25 (vi) Improvements to area roadways should be encouraged to 26 incorporate bicycle and pedestrian facilities that are internal to the 27 Restoration DRI. New roadways or reconstructed roadways approaching 28 the Property shall include bicycle facilities. 44 FlN 102542851.15 IrrtnmLnt6 2010-040010 t 78 C, O Book: 6452 Page: 3373 1 - (d) The Transit Corridor. The Master Developer or its successor shall 2 design, fund, prepare and implement a Transit Corridor Plan for the Restoration 3 development as the same is shown on Exhibit "F" attached. The Master 4 Developer, and the City together with other service agencies identified by the 5 same as necessary or desirable participants will undertake the preparation of this 6 plan for the development of an electric fixed rail transit system (transit system) 7 within Restoration. The phasing of the electric transit system, including a risk 8 management plan, the sources of capital for the plan, design, development and 9 operation of the transit system will be the responsibility of the Master Developer, 10 and neither the City of Edgewater nor Volusia County shall have any financial 11 responsibility for the transit system. The Transit Corridor Plan shall be submitted 12 to and reviewed by the City, Volusia County, and the ECFRPC within three (3) 13 years following the approval of this Amended and Restated Development Order 14 and shall be adopted as part of the Amended and Restated Development Order 15 through a Chapter 380.06(19), Florida Statutes, Notice of Proposed Change. 16 Such proceeding is deemed not be a substantial deviation. The Transit Corridor 17 Plan contemplated by this condition envisions a fixed rail, electric train system 18 that will be completed and operational by the end of 2021. The Transit Corridor 19 Plan shall be submitted to Volusia County, New Smyrna Beach and FDOT for 20 review and comment. Comments received from the same shall be incorporated 21 in the Transit Corridor Plan to the extent possible giving due consideration to 22 costs, logistics and existing technologies consistent with Policies 8.1.4 and 8.1.5 23 as set forth in the Restoration SCD. 24 The funding for the development of the transit system will be identified at the time 25 of submission of the Transit Corridor Plan described herein and if construction of 26 the transit system is not commenced consistent with the terms of the Transit 27 Corridor Plan such that it can be completed and operational by the end of 28 2021(force majeure excepted), then such failure shall be a substantial deviation 29 as defined under Chapter 380.06(19) Florida Statutes, and the Master Developer 30 must seek regional review for the failure to construct the transit system. 31 Restoration and the Master Developer after completion of the required M&M 32 Study at the end of Transportation Phase 2 may request that Volusia County, 33 FDOT, the City of Edgewater, and any other jurisdiction whose roadways or 45 FINAL 102542851.15 Instruoent# 2010-040810 8 79 Book: 6452 Page: 3374 1 intersections are significantly and adversely impacted by the Restoration DRI 2 consider the Master Developer's commitment to fund the ongoing operation and 3 maintenance cost ("O&M") of the transit system as constituting a proportionate 4 share payment in lieu of funding the equivalent cost of roadway mitigation 5 requirements otherwise applicable at the commencement of Transportation 6 Phase 3. FDOT Strategic Intermodal System ("SIS") facilities are excluded from 7 this consideration and must be mitigated per the Master Developer's 8 proportionate share responsibility under applicable Florida Statutes. If the 9 impacted parties do not agree to accept the Master Developer's obligation to 10 fund the O&M cost of the transit system as a proportionate share payment in lieu 11 of funding the transportationlroadway mitigation requirements calculated at the 12 M&M study prior to proceeding into Transportation Phase 3, the Restoration DRI 13 shall proceed to mitigate its transportation roadway impacts in the ordinary 14 course. Nothing contained herein would preclude one or more of the 15 substantially and adversely affected parties from agreeing to such a waiver in 16 whole or in part. The inclusion of this provision does not constitute an 17 endorsement by the reviewing agencies and will require additional review and 18 consideration at the time of the M&M study prior to proceeding into 19 Transportation Phase 3. 20 (e) Park and Ride Spaces. The Developer shall coordinate with the City of 21 Edgewater and property owners to ensure the provision of park and ride spaces 22 on site. At least three hundred (300) unassigned vehicle parking spaces shall be 23 provided and may be shared with parking for commercial land uses. The park 24 and ride spaces shall be proximate to the transit system when established with at 25 least half being within the northern commercial parcels and the balance in the 26 Town Center. 27 (f) Williamson Boulevard/Dedication and Development 28 (1) Dedication of right-of-way for Williamson Boulevard. The Master 29 Developer shall convey unencumbered title to right-of-way intended to 30 support the proposed Williamson Boulevard transportation improvements 31 as described on the Master Development Plan — Map "H." The 46 FINAL 102542851.15 Instrumentif 2010-040810 9 80 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 FINAL 102542851.15 Book: 6452 •/ Page: 3375 conveyance shall be made at the direction of the City and Volusia County as provided below: (1) The Master Developer shall convey a right-of-way not to exceed 190 feet in width for Williamson Boulevard. Additionally, the Master Developer shall convey or otherwise set aside sufficient land area to accommodate the stormwater management requirements for Williamson Boulevard. The maximum number of travel lanes for any section of Williamson Boulevard shall not exceed six (6). The Master Developer shall complete the conveyance of the Williamson Boulevard right-of-way upon the completion of the design, construction and acceptance of the completed Williamson Boulevard by Volusia County, subsequent to coordination of review and comment from the City, in accordance with its protocols unless otherwise agreed. Williamson Boulevard will be completed by the end of Transportation Phase 2a. The dimensions and alignments of Williamson Boulevard shall be in conformance with the overall need for continuous, direct, and efficient vehicular movement from surrounding areas of the City and County through the Restoration DRI, coupled with the need to support and further the concept of a pedestrian oriented and transit ready roadway to serve the community as outlined in this Development Order. Williamson Boulevard transportation improvements contemplated in this Development Order shall be designed and built in substantial conformity with the Williamson Boulevard plan view and cross- section as shown on Exhibit'F. attached hereto, and as described in the Transportation Corridor Plan above. (2) The Restoration DRI shall not commence beyond Transportation Phase 2b (an equivalent of 5,212 external peak hour trip ends) into Transportation Phase 3 until the Williamson Boulevard improvements within the Restoration DRI are constructed and operationally sufficient to support the traffic generated by the Restoration development. Notwithstanding any of the foregoing, 47 Instrument! 2010-040810 ! 81 Book: 6452 J Page: 3376 1 however, the following rights are reserved to the Master 2 Developer: (a) to ultimately incorporate the stormwater runoff 3 from the Williamson Boulevard improvements into a master 4 drainage system for the Restoration DRI; and (b) to make minor 5 adjustments to any of the right-of-way that has been dedicated to 6 the City and/or County if final engineering plans require the same. 7 (3) The Master Developer will reserve and set aside in its planning an 8 additional right-of-way eighty (80) feet in width which shall align 9 with Park Avenue east of 1-95 and connect into Williamson 10 Boulevard to allow for the potential of another point of access to 11 Restoration across 1-95. Other than this reservation of rightof- 12 way, neither Restoration nor the Master Developer shall have any 13 responsibility for the design, construction or operation of this 14 additional right-of-way unless otherwise agreed. 15 16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING 16 REQUIREMENTS. The Master Developer, or any other subsequent Developer developing 17 within the Project, shall notify, or ensure the notification of construction personnel, through 18 posted advisories or other methods, of the potential for artifact discoveries on the Restoration 19 site and to report suspected findings to the project manager. In the event of discovery of 20 artifacts of historic or archaeological significance during project construction, the Master 21 Developer and/or subsequent Developer shall immediately halt any construction activity within 22 one hundred fifty (150) feet of the location of any discovery that has the potential to adversely 23 affect the archeological find; and will, within three (3) business days of the discovery of artifacts 24 notify the City and the Division of Historical Resources (°DHR") of the Florida Department of 25 State. Thereafter, the Master Developer and/or Developer will coordinate the evaluation of the 26 artifacts with review agencies and provide any professional assistance necessary to document, 27 relocate, preserve or conserve the site and/or physical artifacts; provide proper protection of the 28 discovery in accordance with applicable law; and provide a written report to the agencies listed 29 above documenting the results of the site evaluation and mitigation/preservation actions 30 proposed or completed. The process and actions described above shall not extend beyond 31 exceed one hundred twenty (120) days to allow evaluation of the site, and, thereafter, the 32 Master Developer or Developer may continue with development. 48 FINAL 102542851.15 Instrument# 2010-040810 9 82 O Book: 6452 Page: 3377 2 17. ENERGY. 3 (a) The Restoration Project will comply with the provisions of Goal 10 of the 4 City's Comprehensive Policy plan entitled "Resource Efficient Design and 5 Operation." 6 (b) Florida Power & Light will provide electrical power to Restoration, but the 7 master Developer reserves the right to undertake, in conformity with all 8 applicable laws, the construction of a sustainable energy generation project to 9 either augment or replace in whole or in part, the power to be supplied by Florida 10 Power & Light. 11 (c) The Master Developer will require through the CCRs that all commercial 12 buildings within Restoration be designed and constructed following "green" 13 building practices. These include, but are not limited to LEED certification or 14 Florida Green Building Coalition Commercial Standard certification for 15 commercial structures to be developed at Restoration. All Residential Structures 16 shall meet the requirements of either the USGBC LEED for Homes, or the FGBC 17 Green Home Designation Standard. Substitute third -party programs deemed 18 comparable by the PREC or other comparable credible agency, and/or a series 19 of sustainability protocols determined in cooperation with PREC or other credible 20 agency may be substituted for the identified programs. Any substitute program 21 will be reported in the Biennial Report. 22 (d) All homes will use Energy Star Reflective Roof Products to minimize the 23 "heat island' effect. This is to be accomplished by using light colored roofing 24 materials that have Solar Reflective Index ("SRI") value equal to or greater than 25 SRI 78 for a low -sloped roof; SRI 29 for a steep -sloped roof. All homes will be 26 pre -plumbed to the roof deck for future solar thermal hot water; pre -wired to the 27 roof deck for future solar photovoltaic installations and all duct work and air 28 handlers will be in conditioned space. 29 (a) For common public amenities (street lights, lift stations, traffic signals) 30 design or purchase equipment to comply with the ASHRAE/IESNA 90.1-2004 49 FINAL 102W551.15 Instrlrentil 2010-MIO It 83 Book: 6452 Page: 3378 1 Standards. The Developer will benchmark energy use of conventional 2 equipment to reduce consumption. 3 (f) Reduce light pollution so that all outside luminaries are shielded and/or 4 meet the Full Cutoff IESNA Classification. The Developer shall use the 5 ASHRAIIESNA Standard 90.1-2004, Exterior Lighting Section as a guide in 6 dealing with "dark skies' operational protocols for Restoration. 7 (g) All residential units will be designed and constructed to achieve a HERS 8 Index score of seventy (70) or lower in compliance with the U.S. Department of 9 Energy Builder Challenge program. 10 (h) For the residential portion of the Development, the Master Developer or 11 Developer will provide information to the purchasers of the same on a variety of 12 energy saving options for utilization in the home. 13 (1) On the buildings where the Master Developer is not undertaking the 14 construction, the Master Developer will condition the sale of the land on the 15 Developer adhering to a like set of protocols to be included in the design, 16 construction and operation of the same. The Master Developer will report in the 17 first Biennial Report to be filed following the approval of building plans for 18 construction how and to what extent it has been able to meet any one or more of 19 these goals in the design, construction and operation of the Project. This report 20 will be for informational purposes only but will be used to determine when 21 education is needed to reduce post -occupancy energy usage to specified 22 standards and to determine if adjustments are needed in building practices of 23 future homes to achieve performance goals. 24 18. 25 (a) The Master Developer will, in cooperation with the City, develop 26 landscape standards for the development of Restoration that have the goal of 27 minimal to no added inputs of water and synthetic fertilizers and pesticides and 28 memorialize the agreements relative to the same in the SMMP to be processed 29 and approved as a subsequent part of this Development Order. Additionally, 30 landscape standards are contemplated to be part of a PUD Agreement to be 50 FINAL 1025Q851.15 InstruentR 2010-040810 7 84 r O Book: 6452 Page: 3379 1 adopted subsequent to this Development Order. As a minimum water 2 conservation standard, all homes shall be Florida Water Starlm Silver certified. 3 The landscape program shall be referenced in the CCRs and administered by 4 either a HOA, PDA or a CDD to be formed. 5 All residential landscapes shall be substantially designed, installed and managed 6 in accordance with the University of Florida's Florida Yards & Neighborhoods 7 Recognition Checklist (January 2007 version). Conditions conducive to low 8 maintenance landscapes with minimal need for fertilizer, pesticides and irrigation 9 will be maintained and enhanced through landscaping standards that require 10 minimizing soil compaction during construction to the extent practicable, and 11 protecting and conserving existing soils and vegetation or amending and aerating 12 soils as needed before landscape installation. 13 To ensure homeowners are in compliance with the requirements for minimal to 14 no added inputs of water and synthetic fertilizers and pesticides, the 15 POA/HOA/CDD covenants, in providing for long-term funding of conservation 16 measures on -site, shall include provision for a third party field contractor/on-site 17 naturalist for long-term environmental monitoring (including water quality, potable 18 water usage and biodiversity) and education to ensure environmental goals are 19 met. The third party field contractor/on-site naturalist will also monitor the 20 operation and maintenance of landscaping and stormwater management 21 systems. The POA/HOA or CDD shall provide additional community education 22 and/or enforcement through CCRs of existing or new rules as necessary to 23 correct any deficiency. The field contractor/on-site naturalist shall provide an 24 annual report of community compliance with landscape source control standards 25 to the Master Developer who shall, if appropriate, report to the appropriate 26 regulatory bodies. 27 Where recreational, common area and commercial areas are irrigated, all 28 irrigation water will be from stormwater reuse and/or reclaimed water sources 29 and all permanent in -ground irrigation systems will be fitted with a functioning ET- 30 controller (Evapotranspiration Controller) or soil moisture sensor controller, as 31 described in the Field Guide to Sol? Moisture Sensor Use in Florida (University of 32 Florida and SJRWMD). 51 FINAL 102542851.15 Instrument# 2010-040810 9 85 Book: 6452 Page: 3380 1 The community design and landscaping standards shall incorporate a long-term 2 plan for development of a tree canopy (sufficient to provide shade for at least 3 thirty percent (30%) of the landscape at maturity), which once mature will reduce 4 the need for irrigation in the community. 5 (b) The plant material for use in the landscape program shall be comprised 6 primarily of drought tolerant plants adapted to local conditions. Plant materials 7 shall be selected from the SJRWMD Water Wise Plant Guide, or the University of 8 Florida's Florida Friendly Plant List, or other similarly acceptable or locally 9 available plant material lists. Nothing contained herein shall preclude the Master 10 Developer from utilizing ornamental or decorative plants that are not classified as 11 drought tolerant, however, in all events, the landscaping of Restoration will be 12 seventy-five percent (75%) drought tolerant vegetation adapted to the conditions 13 present. The Master Developer will be expected to develop, in cooperation with 14 the City, a planting palette as a part of the Design Guidelines to be made a part 15 of the SMMP and PUD Agreement incident to this Development Order and within 16 the Design Guidelines specify the nature and extent of both the plant materials to 17 be used in landscaping the Property. In no event will St. Augustine grass be 18 used in Restoration. 19 (c) Fertilizer application practices will be consistent with and utilize the Best 20 Management Plan titled "Florida Yard and Neighborhoods Recognition Checklist" 21 (January 2007 version). The referenced guidelines will be incorporated into the 22 SMMP and the PUD Agreement and will control the development and 23 implementation of the landscape management process. 24 (d) All landscaped open space areas shall be replanted using plants 25 authorized in the SMMP and the PUD Agreement to be adopted as part of this 26 Development Order. In all events, however, the plants listed on the most current 27 edition of Florida Exotic Pest Plant Council's List of Invasive Plant Species are 28 prohibited for use as a part of the landscape palette and cannot be used as a 29 part of the landscape material to be installed on the Project site. 30 (a) Plant material used for landscaping will conform to the standards for 31 Florida Number 1, or better as given in Grades and Standards for Nursery Plants 52 FINAL 102M2851.15 Instrument# 2010-040810 # 86 O Book: 6452 Page: 3381 1 (1998 or latest) and Grades and Standards for Nursery Plants Florida 2 Department of Agriculture and Consumer Services, Tallahassee, Florida. 3 (f) In preparation for the development of Restoration the Master Developer 4 will, to the extent reasonably feasible, identify and inventory the large specimen 5 trees (defined to be hardwood trees with a minimum 36" dbh) within the build 6 envelope of the Project and prepare the same for relocation into the built 7 environment of Restoration as part of the landscape plan. The identified trees 8 will be root pruned, balled and stored until transplanting is appropriate during the 9 construction of Restoration. The Master Developer will identify and label 10 specimen trees to be preserved in place within and without the build envelope of 11 the Project. 12 (g) Integrated Pest Management ('IPM") will be a priority over other 13 commercially -accepted pest control methods. IPM may involve the prevention of 14 pests through appropriate landscape designs, diversity of plant material 15 monitoring of sites for pest related problems, determining when a problem needs 16 attention and taking appropriate action with the least amount of environmental 17 impact. IPM will maximize the use of biological controls, organic pest control 18 methods, insecticidal soaps, and fish oils beneficial for lowering the 19 environmental impact of pest control. 20 VI. 21 1. Police, fire and EMS service will be provided by the City. 22 VII. 23 1. The Master Developer may, in its discretion, elect to petition for the formation of 24 a Community Development District to serve all or a portion of the Project pursuant to Chapter 25 190, Florida Statutes, as the same may be in effect from time to time. The City hereby gives its 26 approval that such a district may be formed to undertake the construction and/or funding of all or 27 any of the mitigation and public infrastructure projects for which the Master Developer is 28 responsible under the terms of this Amended and Restated Development Order, whether within 29 or outside the boundaries of the District to be formed, and including the payment of mitigation 30 amounts provided for in this Amended and Restated Development Order or any permits 53 FINAL 102542861.15 Instrrwentl 2010-040810 If 87 ^1 Book: 6452 �J Page: 3382 1 obtained by the Master Developer as a part of and incident to the development contemplated by 2 this Amended and Restated Development Order. Furthermore, such a District may also 3 assume the requirements of any Amended and Restated Development Order Condition of 4 Approval so long as the responsibilities are consistent with the provisions of Chapter 190, 5 Florida Statutes, and the District Charter. This provision shall not be construed to require the 6 approval of any petition to form such a District, nor shall it be construed to require the formation 7 of such a District, but it shall be construed to suggest that if the Master Developer elects to form 8 such a District, the City will not oppose the formation of the same in the absence of a 9 demonstrable showing by a clear preponderance of the evidence that the formation of such a 10 CDD would be contrary to the public interest and the health, safety and welfare of the City and 11 its residents. Absent such showing the Petition to form a CDD will be approved in the ordinary 12 course in accordance with the requirements of Chapter 190, Florida Statutes. 13 Vill. LOCAL MONITORING 14 1. The City shall be responsible for monitoring the development and enforcing the 15 provisions of this Amended and Restated Development Order. The City shall not issue any 16 permits or approvals or provide any extensions of services if the Master Developer fails to act in 17 substantial compliance with this Development Order. 18 2. The established review and approval process for review of development as 19 established pursuant to the City Code and PUD Agreement shall constitute the monitoring 20 procedures for assuring compliance with this Development Order, as specified in Chapter 21 380.06(15)(c)l, Florida Statutes. The local official responsible for compliance by the Master 22 Developer with this Amended and Restated Development Order shall be either the City 23 Manager or the City Development Services Director or the City Development Services Director's 24 designee. 25 IX. COMPLIANCE DATES 26 The Master Developer shall commence physical development of the restoration site as 27 that tern is defined in the Introduction of the Restoration SCD Comprehensive Plan Amendment 28 or by commencing the development of one hundred sixty two (162) residential units and/or 29 24,411 square feet of non-residential development within four (4) years after the effective date 30 of this Amended and Restated Development Order, otherwise this Development Order shall 31 expire. The Master Developer and the City estimate that approximately thirteen (13) years will 54 FINAL 102542851.15 Instrlalentd 2010-040810 If 88 O Book: 6452 Page_ 3383 1 be required to complete the development described in this Development Order. Accordingly, 2 this Amended and Restated Development Order shall terminate on February 2, 2023; provided, 3 however, effectiveness of this Amended and Restated Development Order may be extended on 4 the City's finding of excusable delay, and no adverse impacts resulting from the delay, in any 5 proposed development activity, consistent with the substantial deviation provisions of Chapter 6 380.06(19), Florida Statutes. The termination date of development rights granted by this 7 Amended and Restated Development Order shall not affect the continuing obligations of the 8 Master Developer or the enforcement authority of the City or the DCA, and the Master 9 Developer shall continue to be bound by the terms, general provisions and conditions of this 10 Amended and Restated Development Order as they apply to development initiated up to the 11 time of termination. 12 X. 13 Until 2033, the approved development described in this Amended and Restated 14 Development Order shall not be subject to down zoning, unit density reduction or intensity 15 reduction unless the City can demonstrate that substantial changes in the conditions underlying 16 the approval of this Amended and Restated Development Order have occurred, or that this 17 Amended and Restated Development Order was based upon substantially inaccurate 18 information provided by the Developer, or that the change is clearly established by the City to be 19 essential to the public health, safety and welfare. 20 XI. BIENNIAL REPORTING REQUIREMENT 21 In accordance with Chapter 380.06(18), Florida Statutes, the Master Developer, its 22 successors or assigns, shall submit a biennial report on or before the two year anniversary date 23 of this Amended and Restated Development Order and in every other or second year thereafter 24 during the buildout of the Project (the "Biennial Report"). The Biennial Report shall be 25 submitted to the City, the ECFRPC, the DCA, all affected planning agencies and any other 26 affected permitting agencies formally requesting copies of the same in writing to the Master 27 Developer. The contents of the Biennial Report shall comply with the relevant conditions of 28 approval of this Amended and Restated Development Order, Chapter 380.06(18), Florida 29 Statutes, Rule 9J-2.025(7), F.A.C, and any and all other and further information required under 30 applicable law. The Biennial Report shall include a statement that all persons/agencies listed 31 above or otherwise entitled to receive the Biennial Report have been sent copies and the failure 55 FINAL 102542851. 15 Instrlmentif 2010-040810 R 89 Book: 6452 Page: 3384 1 to timely submit the Biennial Report may subject the Master Developer and the Restoration DRI 2 to the temporary suspension of this Amended and Restated Development Order in accordance 3 with Chapter 380.06(18), Florida Statutes. 5 The Master Developer shall submit, simultaneously, to the City, the ECFRPC, and the 6 DCA any requests for approval of a proposed change to this Amended and Restated 7 Development Order. This submission shall be in a format established by the DCA and shall 8 include, at a minimum, the precise language which is proposed for deletion or addition to the 9 Amended and Restated Development Order and a statement summarizing all previous changes 10 that have been made to the Amended and Restated Development Order. The Master 11 Developer shall fully comply with Chapter 380.06(19), Florida Statutes, regarding substantial 12 deviations. 13 XIII. RECORDING 14 This Amended and Restated Development Order, and any subsequent amendments to 15 the same, shall be recorded by the Master Developer in accordance with Chapter 28.222, 16 Florida Statutes, with the Clerk of the Circuit Court for Volusia County, Florida, at the Master 17 Developer's expense, immediately after the effective date of this Amended and Restated 18 Development Order, or any subsequent amendment, in compliance with Chapter 380.06(15)(f), 19 Florida Statutes. The recording of this Amended and Restated Development Order shall not 20 constitute a lien, cloud, or encumbrance on the Property, or actual or constructive notice of any 21 such lien, cloud or encumbrance. 22 XIV. 23 The Master Developer, by executing this Amended and Restated Development Order, 24 acknowledges that this Amended and Restated Development Order is binding upon the 25 Property, and that the conditions of approval contained herein apply to and control all further 26 development of the Property, and that the conditions of approval run with the land and are 27 therefore applicable to and shall be complied with by any subsequent purchaser, owner or 28 assignee of any portion of the Property. 56 FIWI 10 2651.15 Instruaent9 2010-040810 Y 90 O Book: 6452 Page_ 3385 XV. APPLICABLE LAW 2 Development based upon this approval shall comply with all other applicable federal, 3 state and county laws, ordinances and regulations, which are incorporated herein by reference, 4 except to the extent the applicable laws, ordinances, and regulations are expressly waived or 5 modified by these conditions, or by action of the City Council. 6 XVI. 7 This Amended and Restated Development Order shall become effective when the SCD 8 Comprehensive Plan Amendment becomes effective pursuant to Section 163.3189(2)(a), 9 Florida Statutes, and is no longer subject to appeal pursuant to Section 120.68, Florida 10 Statutes, or further direct judicial review_ 11 12 [SIGNATURE BLOCKS APPEAR ON FOLLOWING PAGES.] 13 14 57 FlW IM542851.15 C Instnment8 2010-040810 R 91 Book; 6452 `J Page: 3366 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, 2 FLORIDA THIS Sp1 DAY OF awlwrl 2010. 3 4 5 6 7 8 9 10 11 12 13 AP OV D AS TO FORM AND LEGALITY: 14 15 cc 16 City Attorney 17 18 STATE OF FLORIDA 19 20 COUNTY OF VOLUSIA 21 CITY OF EDGEWATER, FLORIDA, a municipal corporation 22 The foregoing instrument was acknowledged before me thisdSW") day of Ln ar 23 2010, by Michael Thomas on behalf of the City of Edgewater, a Florida municipal corporation. 24 He i ersonally known o r has produced as identification and 25 who ( ] did ki did not take an oath. 26 %sells# 27 �♦ 4F 1DL00M *� 28 My Council Expires: 4. P F'P�; R , 29 ' .�M—mb320030 31 i q •aam�����; • t �� 32 , i�;ott;. ST��j�46 58 FINAL 102542851.15 Notary Public, State of Florida /-1 fa_ 61oa," c.— Name Typed or Printed Instrument# 2010-040810 0 92 Book: 6452 Page: 3367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Witness Signature �(Q,bLfYt� P�,gsQ,� I Print Name Witness Signature s✓��9c / /� c Print Name FINAL 1025421151.15 59 HAMMOCK CREEK GREEN, LLC, a Delaware limited liability company By: Hammock Creek Green Holdco, LLC, a Delaware limited liability company, its sole member By: GS Florida Green Land, LLC, a Delaware limited liability company, its sole member By: GS Florida, LLP, a Florida limited liability partnership, its Asset Manager ^ Instru enti 2010-040810 f 93 O �.J Book: 6452 �J Page: 3388 i STATE OF FLORIDA 2 3 COUNTYOFV�CL 4 5 On this 0' day of l anah , 2010, before me personally appeared 6 T)w MPW5 , as of GS Florida, LLP, a Florida 7 limited liability partnership, as Asset Manager of GS Flori a Green Land, LLC, a Florida limited 8 liability company, as sole member of Hammock Creek Green Holdco, LLC, a Delaware limited 9 liability company, as sole member of Hammock Creek Green, LLC, a Delaware limited liability 10 company, on behalf of the company, (_) who produced as identification 11 or LX ) who is personally known to me. 12 Witness my hand and official seal in the State and County aforesaid, this q4-h day of 13 Mll k , 2010 14 15 16 My Council 17 18 19 20 60 FINAL 102542b51.15 Notary Public, State of odds Rwnle Wenzel Name Typed or Printed Instruentl 2010-040810 k 94 Book: 6452 J Page: 3389 EXHIBIT "A" Legal Description 07e926, 000001, 102 P851.11 57 127109 Instruentl 2010-040810 6 95 r'1 Book: 6452 aJ Page: 3390 EXHIBIT "A" Legal Description CITY OF EDGEWATER PORTION OF THE RESTORATION PROJECT CONTAINING 5187.045 ACRES (BASEDON SURVEY PREPARED BYDAMM W. CDRY, PSM DATED- REVISED DELIIvflID[ 7, 2007) DESCRIPTION: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots I and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest corner of said Section 2; thence North 89014'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the are of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35e19'46" and a chord of 9425.67 feet which bears North 20033'27" West to a point of reverse curvature; thence 1391.17 feet along the are of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4056'44" and a chord of 1390.74 feet which bears North 35044'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non -tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4024'58" and chord of 1223.95 feet which bears South 36000150" East to a point of reverse curvature; thence 2384.62 feet along the are of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9040'43" and a chord of 2381.79 feet which bears South 33022'58" East; thence North 61054'23" East, along a line non -tangent and non -radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59016'52" and chord of 6786.17 feet which bears South 88027'11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32057'20" and a chord of 1604.93 feet which bears South 75' 17'25" East; thence 480.12 feet along the are of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7030'08" and a chord of 479.77 feet which bears North 10023'50" West to a point of compound curvature; thence 2782.07 feet along the one of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5°40'09" and a chord of 2780.94 feet which bears North 03048'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17030'43" and a chord of 3161.24 feet which bears North 09043'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence C:WrPatb145OLICITOPSDMONSOMI02b49382I.DOC IE025(RC/&vL .1/9200911'.29W AM -I piM 1/N2a0911:NW AM Page Id5 Instnmattl 2010-MIO i 96 C O Book: 6452 Page: 3391 North 88035'24" East along said North line of the South 12 of the Northeast 1/4 of Section 34 and along a line non -tangent to the last described curve, a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non -tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 17°07'3 t" and a chord of 3161.48 feet which bears South 0903222" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5040'09" and a chord of 2757.85 feet which bears South 03e48'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42002'52" and a chord of 2463.43 feet which bears South 27040111" East to a point of reverse curvature; thence 2417.59 feet along the am of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27004'I8" and a chord of 2395.16 feet which bears South 35e09'29" East to a point of reverse curvature; thence 2457.30 feet along the am of a curve to the left, said curve having a radius of 5893.28 feet, a central angle of 23055'52" and a chord of 2439.48 feet which bears South 33035'16" East to a point of tangency; thence South 45033'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36038'57" and a chord of 859.39 feet which bears South 27013'43" East; thence South 8904448" East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77°55'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89041'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South 00018'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89°44'48" West, along said South line of Section 6, a distance of 2945.21 feet thence 838.48 feet along the we of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.28 feet a central angle of 42023'29" and a chord of 819.49 feet which bears North 24021'27" West to a point of tangency; thence North 45033'12" West, a distance of 530.97 feet; thence 2554.81 feet along the am of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23055'52" and a chord of 2536.28 feet which bears North 33035'16" West to a point of reverse curvature; thence 2307.29 feet along the am of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27004'18" and a chord of 2285.89 feet which bears North 35009'29" West to a point of reverse curvature; thence 1982.61 feet along the am of a curve to the right said curve having a radius of 3666.72 feet, a central angle of 30058'48" and a chord of 1958.54 fat which bears North 33012'I3" West, thence 1910.62 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34000'14" and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature; thence 6869.19 feet along the am of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 59°16'52" and a chord of 6566.87 feet which bears North 88027'11" West to a point of tangency; thence South 61054'23" West a distance of 177.80 feet; thence 6098.25 feet along the am of a curve to the right being non -tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 feet which bears South 15016'05" East to a point of tangency; thence South 0205333" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89014'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. AND: CN&MblSMICIt(MSDMON 1a2699382_I.DWC0025(aCyd,-CMdm 11500911:28:0aW-LmYIrh*d IMM911:30:00 AM Peg 2 or5 Instrunentl 2010-040810 i 97 Book: 6452 Page: 3392 The South 112 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32, Township 17 South, Range 33 East, the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast I/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 114, the Northeast 1/4 of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East, the South 1/2 of the Northwest 1/4, the South 112 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township 17 South, Range 33 East a portion of Section 6, Township 18 South, Range 34 East, lying Southwesterly of Interstate 95; all of Section I and 2, Township 18 South, Range 33 East; and Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast comer of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet; thence East 660 feet to the East line of said Section 3; thence South on the Section line 330 feet to the place of beginning; all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, thence North 00a23'50" West, along the West line of said Section 3, a distance of 9268.62 feet to the South line of said Section 32; thence South 88053'05" West along said South line of Section 32, a distance of 1121.77 feet to the Southwest corner of said Section 32; thence North 01 a45'25" West, a distance of 1317.75 feet to the Northwest comer of said South 1/2 of the Southwest 1/4 of Section 32; thence North 88048'27" East, a distance of 5316.15 feet to the Northwest Comer of said South 1/2 of the Southwest I/4 of Section 33; thence North 8804447" East, a distance of 3973.41 feet to the Northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North 01045'54" West, a distance of 663.33 feet to the Northwest corner of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88044'01" East, a distance of 661.32 feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 01050'38" West, a distance of I990.46 feet to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88041'43" East, a distance of 658.58 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 of Section 34; thence North 88035'24" East, a distance of 5293.36 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88007'06" East, along the North line of said South 1/2 of the Northwest 1/4 of Section 35, a distance of 884.36 feet to the Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 29053'36" East, a distance of 452.54 feet; thence South 29052'56" East, a distance of 1053.25 feet; thence South 29°53'27" East, a distance of 1127.04 feet thence South 29053'23" East, a distance of 1141.37 feet to the East line of the Southwest 1/4 of Section 35, Township 17 South, Range 33 East; thence South 0201217" East, along said East line of the Southwest 1/4, a distance of 700.28 feet to the Southwest comer of the Southeast 1/4 of said Section 35; thence North 88044'36" East, along the South line of said Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 29052'54" East, a distance of 1270.66 feet thence South 29053'55" East, a distance of 1005.54 feet; thence South 29052' 17" East, a distance of 825.17 feet; thence 939.01 feet along the arc of a curve to the right being non -tangent to the last described line, said curve having a radius of 8419.42 feet, a central angle of 6023'25" and a chord of 938.53 feet which bears South 26041'16" East; thence C.ftPMb1\S0UCITORSUW0NSOM102649382 I.Ix)CI an5(aC/jM{'re¢lad on 1/5200911'.28:Op AM -Lap ptipW 1/YlOD911:30:Op AM - Page 3 ON Instrument# 2010-04OB10 # 98 OBook: 6452 Page: 3393 South 00015'12" West, leaving said right of way of Interstate 95 and along a line non -tangent to said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range 34 East; thence North 89044'48" West, along said South line of Section 6, a distance 3825.35 feet to the Southeast comer of said Section 1; thence South 89019'23" West, along the South line of said Section 1, a distance of 5288.04 feet to the Southeast comer of said Section 2; thence South 89014'48" West, along the South line of said Section 2, a distance of 5299.92 feet to the Southeast comer of said Section 3; thence North 00020'15" West, along the East line of said Section 3, a distance of 330.00 feet; thence South 89001'09" West, a distance of 660.00 feet; thence South 00020'15" East, a distance of 330.00 feet to the South line of Section 3; thence South 89001'09" West, along the South line of Section 3, a distance of 4619.20 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots I and 6, Section 3, Township 18 South, Range 33 East, AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest corner of said Section 2; thence North 8901448" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35019'46" and a chord of 9425.67 feet which bears North 20033'27" West to a point of reverse curvature; thence 1391.17 feet along the am of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4056'44" and a chord of 1390.74 feet which bears North 35044'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non - tangent to the last described curve, a distance of 276.32 feet, thence 1224.25 feet along the am of a curve to the left being non -tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4024'58" and chord of 1223.95 feet which bears South 36000'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9040'43" and a chord of 2381.79 feet which bears South 33022'58" East; thence North 61054'23" East, along a line non - tangent and non -radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the are of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 5901652" and chord of 6786.17 feet which bears South 88027't 1" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32057'20" and a chord of 1604.93 feet which bears South 75017'25" East; thence 480.12 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7030'08" and a chord of 479.77 feet which bears North 10023'50" West to a point of compound curvature; thence 2782.07 feet along the are of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5040'09" and a chord of 2780.94 feet which bears North 03048'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17030143" and a chord of 3161.24 feet which bears North 09043'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88035'24" East along said North line of the South 1/2 CiNePal srg,ICINR%DMON50NU02M9391_I,DDC 1.00351RCJ&aad w 115" 1129:M AM-L&t print 1151M 11'.30.OD AM P.9r4a5 Instrusentt 2010-040810 i 99 Book: 6452 Page: 3394 of the Northeast 1/4 of Section 34 and along a line non -tangent to the last described curve, a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non - tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 17007'31" and a chord of 3161.48 feet which bears South 09032'22" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5040'09" and a chord of 2757.85 feet which bears South 03048'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42002'52" and a chord of 2463.43 feet which bears South 2704041" East to a point of reverse curvature; thence 2417.59 feet along the are of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27004'18" and a chord of 2395.16 feet which bears South 35009'29" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle of 23e55'52" and a chord of 2439.48 feet which bears South 33035116" East to a point of tangency; thence South 45033'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the an; of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36038'57" and a chord of 859.39 feet which bears South 27013143" East; thence South 89044'48" East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77055'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89041'55" West, along said Westerly right of way, a distance of 332.81 feet thence South 00018'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 8904448" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.28 feet, a central angle of 42023'29" and a chord of 819.49 feet which bears North 24021'27" West to a point of tangency; thence North 45033'12" West a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23055'52" and a chord of 2536.28 feet which bears North 33e35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27e04' 18" and a chord of 2285.89 feet which bears North 35e09'29" West to a point of reverse curvature; thence 1982.61 feet along the arc of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30e58'48" and a chord of 1958.54 feet which bears North 33012'13" West thence 1810.62 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34000'14" and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 5901052" and a chord of 6566.87 feet which bears North 88027'11" West to a point of tangency; thence South 61054'23" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve to the right being non -tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 feet which bears South 15016'05" East to a point of tangency; thence South 02053'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89014'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. 079826, 0000DI,102619382 C:WPPoMSOUCIMRa\DM SON\I02649382_I.000G0013(RCJjtivLml .1/5rAMI1:23:00AM-LWprated I/Y2W91130,00 AM Page 5 M5 IrstrLwa ti 2010-040810 1 100 OBook: 6452 Page: 3395 EXHIBIT "B" Master Development Plan - Map "H" 079025, OW007, 102542951.11 58 1/27,09 \� \g - 6 z�\ \ $ � Instneent# 2010-040810 8 102 OBook: 6452 Page: 3397 EXHIBIT "C" Map "H-1" Auxiliary Master Plan 079826. 000001, 102542851,11 59 112709 Irnstnwe d# 2010-040810 t 103 Book: 6452 Page: 3398 G, Instrument# 2010-040810 IF 104 0 Book: 6452 Page: 3399 EXHIBIT "D" Equivalency Matrix (Land Use Exchange Table) 02082e, 000001, 102W851.11 60 1127M Irstneentt 2010-040610 f 105 /1 Book: 6452 ♦J Page: 3400 Exhibit "D" Trip Equivalency Matrix Calculation of Conversion Factors (Based on Inbound New External PM Peak -Hour Tragic) Restoration DRI Land Use Trips Units TripaNaR Office KSF 46 218 0.211 Retail KSF 452 "0 1.81 Single -Family 669 7111 0.265 Multi -Family 135 1,661 0,091 Total 1,302 rvae: Toc oin Vip✓unil Mvi&nw orinw Momoanamiu. pR eoc Is WrbueJ uponlM appmMVaaic Hudy xfiiW�xn bumlmdef IM1u tFe Eevelaprml maircludea Wem a(y[una Fbrnfmmubm�rw. Trip Equivalency Matrix (Based on Inbound New External PM Peak -flour Traffic) Restoration DRI To Land Use Sin le-Femil DU', Multi-Famil DU'. Office KSF Retail KSF Single -Family DU'. - 3.26 1.26 0.15 E e Multi -Family DU'a 0.31 - 0.39 0.04 ls' O?ce KSF 0.79 2.59 - 0.12 Retail KSF 6.82 22,25 8.58 - N[ae: KSF-1,¢Opiva ael. Tous Me biyyuiWmrymmnv, mWlgly W mm�bm�miufrmn 16elea wlumnby lM1erxbrlifbt mxbtlr gglimNe mSn lmtlme Fwewoplr. is Ta umva110 K3P RmilbOfi mWliply lObya Sa-aS FK$FOlfiq ii: Tocmval lS KSF�zm Mul0.Pmitynlr; mWtiply?S Ly 339-65 Multi-Fmnily mPs iii: To ranove Iro SoipleFmJy W f N tl] R[Lil, mWilYy IOO SvpinFmilynVf by 0.15 - IS KSF xdaJ, OnS26, 000001, 10261& .1 Instrument# 2010-04WI0 0 106 0 Book: 6452 �J Page: 3401 EXHIBIT "E" Wetlands Map 079826, 000001, 102542851.11 61 127N9 Irstnment# 2010-040810 Y 108 Book: 6452 t✓ Page: 3403 EXHIBIT "F" Williamson Boulevard[Croas Section and Plan View 079M, 000001. 102542e5t.11 62 imroe Instrument[ 2010-040910 R 109 Book: 6452 Page: 3404 NXURBAN SE ION WUUVARU U'1'IN MEMCAR R1..1ni.n VI r— ., l � e�r�iuyd �na Pha . „�._,:� . 1FwR.y«M wreSv ed UrM�n ane slwy ,I�� Instnzenti 2010-OWO R 110 Book: 6452 �J Page: 3405 EXHIBIT "G" Florida Department of Transportation Agreement Instrtaentt 2010-MIO 1 111 OBook: 6452 Page: 3406 Prepared By and Return to: Gregory D. Lee, Esquire Baker & Hostetler LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, FL 32801 THE RESTORATION DEVELOPMENT OF REGIONAL IMPACT TRANSPORTATION PROPORTIONATE SHARE AGREEMENT THIS PROPORTIONATE SHARE AGREEMENT (this "Agreement") is made this 29th day of January, 2009, by and between the Florida Department of Transportation, an agency of the State of Florida ("FDOT"), and Hammock Creek Green, LLC, a Delaware limited liability company (the "Master Developer" or "Developer'). RECITALS A. By adoption of Ordinance No. 2008-0-15 (the "Ordinance"), through a first reading on January 26, 2009 and a final reading on February 2, 2009, the City of Edgewater. Florida, a municipal corporation, (the "City') approved and authorized (or will approve and authorize) the issuance and execution of a development order for the Restoration Development of Regional Impact (the "Development Order"). Capitalized terms, when used herein, shall have the meaning provided in the Development Order unless otherwise defined herein. B. On or about February 15, 2009, the City shall transmit a certified copy of the Ordinance and Development Order, signed by all necessary parties, to the Division of Community Planning of the Florida Department of Community Affairs together with a fidly executed copy of this Agreement pursuant to Section V, Part 14c of the Development Order. C. The Development Order provides for the development of a mixed -use, transit oriented, sustainable community project known as Restoration (sometimes referred to herein as the "Project'), subject to various terms and conditions as set forth therein. D. The land subject to this Agreement is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). The Master Developer is the owner of the Property. E. Section V, Parts 14 and 15 of the Development Order sets forth terms and conditions pertaining to Transportation and Alternative Transportation Strategies, respectively. F. Certain transportation impacts for Phases la, lb as well as transportation impacts for Phase 2a and 2b at the S.R. 442/1-95 interchange for Restoration, may be mitigated by either Irstnaentl 2010-MIO t 112 O Book: 6452 Page: 3407 payment of Master Developer's proportionate share of impacts or through construction of transportation mitigation projects as described in this Agreement. G. This Agreement shall set forth the manner in which certain Phase I Project impacts identified herein shall be mitigated through either payment of Master Developer's proportionate share of impacts or through Master Developer's construction of transportation mitigation projects. H. Pursuant to the requirements set forth in Section V, Part 14c of the Development Order, the Master Developer is entering into a separate agreement with Volusia County, Florida, a political subdivision (the "County") regarding: (1) signalizing Old Mission Road at Park Avenue (the "Volusia County Improvement') as identified as transportation improvement no. 5 in the table in the Development Order, and (2) payment of full impact fee credits, pursuant to chapters 163.3180(16) and 380.06(16) Florida Statutes, equal to the proportionate share payment allocations for the transportation improvements identified below in Paragraph 2c, 2e and 2f. I. This Agreement is being entered into by FOOT and the Master Developer pursuant to the Proportionate Share Agreement Provision, and pursuant to Sections 380.06 and 163.3180, Florida Statutes, and Rule 91-2.045, Florida Administrative Code. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the parties hereby agree as follows: 1. Recitals. The foregoing Recitals express the intent of the parties in entering into this Agreement, provide definitions for certain capitalized terms, but are not otherwise pan of this Agreement. 2. Mitigation and Transportation Improvements. Pursuant to Section 163.3180(12), Florida Statutes, the Developer shall mitigate certain offsite transportation impacts in Phase 1 of the Project reflected in the Development Order through the following transportation improvements: Signalize S.R. 442 at 1.95 Southbound Ramps Signalize S.R. 442 at I-95 Northbound Ramps S.R. 442 at 1-95 Improvements as generally depicted in Exhibit `B" attached hereto. In addition, a typical section of said S.R. 442 at 1-95 Improvements is attached hereto as Exhibit"C". These improvements are described in greater detail in subparagraphs 1 and 2 below: I. Southbound Ramp Improvements a. Second Southbound left -turn lane b. Channelized Southbound right -turn lane under yield control C. Modify Eastbound approach to two through lanes and one shared throughtright turn line (inside through lane to feed the Eastbound left -turn lane at the Northbound ramps Instruent9 2010-040010 0 113 Book: 6452 Page_ 3408 intersection) d. Second Eastbound departing lane, between the ramps, to receive dual Southbound left -turn lanes and ultimately feed the Eastbound through lanes at the Northbound ramps intersection e. Second Westbound through approach and departure lane 2. Northbound Ramp Improvements a. Second Eastbound through lane b. Extend Eastbound left-tum lane to Southbound ramps intersection C. Channelized Westbound right -rum lane under yield control d. Second Westbound through lane e. Channelized Northbound right-tum lane under yield control d. Signalize S.R. 44 at Airport Road e. S.R. 421 at 1-95 Northbound Ramps Third Westbound through lane to feed the existing Westbound left-tum lane at the Southbound ramps S.R. 421 at I-95 Southbound Ramps 1. Third Southbound left-tum lane The transportation improvements identified in subparagraphs a-f above (the "Transportation Improvements") together with the Master Developer's proportionate share percentages and cost allocations for the Transportation Improvements are also depicted on Exhibit "D.' attached hereto (the `Proportionate Share Table"), 3. Proportionate Share Contribution and Construction of Transocrtation Improvements. The estimated cost (in 2009 dollars) for the Transportation Improvements is THREE MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND THREE HUNDRED FIFTEEN AND NO/100 DOLLARS ($3,585,315) and the Master Developer's proportionate share allocation is THREE MILLION THREE HUNDRED FIVE THOUSAND FIFTY AND NO/100 DOLLARS ($3,305,050), as set forth on the Proportionate Share Table. Subject to the terms and conditions of this Agreement, Master Developer's proportionate share allocation shall be payable to FDOT. a. With respect to Transportation Improvement d, a and f identified in Paragraph 2 above, Master Developer shall pay its proportionate share (which includes 2009 estimates for CEI as further discussed in Paragraph 7 b. of this Agreement) in the amount of FIVE HUNDRED THIRTY NINE THOUSAND THIRTY FOUR AND NO/100 DOLLARS ($539,034.00) within two (2) years from the date of the City's transmittal of the Ordinance, Development Order and this Agreement to the Florida Instnaent# 2010-040810 ► 114 C O Book: 6452 Page: 3409 Department of Community Affairs. Since Master Developer's proportionate share of Transportation Improvement it, e, and f are less than 100% (as reflected in the Proportionate Share Table), FDOT shall coordinate with the City and the County to develop a program to address prioritization of the Transportation Improvements upon receipt of said funds. b. With respect to Transportation Improvements a, b and c identified in Paragraph 2 above: 1. Master Developer shall elect to either: (1) construct the Transportation Improvements; or (2) pay the proportionate share cost allocation for the Transportation Improvements as set forth in the Development Order and the Proportionate Share Table (the "Developer's Election"). 2. For each of the Transportation Improvements, Master Developer shall make the Developer's Election and either pay the proportionate share amount or shall procure construction contracts, with an FDOT p"ualified contractor, at the time the project trip threshold is met for each of the Transportation Improvements as set forth in the Development Order and the Proportionate Share Table. Upon reaching the trip thresholds, in the event that any (or all) of the Transportation Improvements are made by another party other than the Master Developer or the Transportation Improvement(s) are included and committed in a clearly idantified, executed and recorded local government development agreement, consistent with Chapters 163.3220 through 163.3243 Florida S smtes or are programmed for construction within the first three (3) years of the Florida Department of Transportation's adopted Work Program, Volmia County's adopted Road Program, or the City of Edgewater's Capital Improvements Program (CIP); or such improvement has been removed from the Development Order, then the Master Developer shall be relieved of its obligation to pay its proportionate share or construct such Transportation Improvemen(s). 3. Master Developer shall make the Developer's Election in its sole and absolute discretion and on an individual basis for each of the Transportation Improvements. Master Developer may construct all or a portion of the Transportation Improvements through a community development district, and/or a special taxing district that may include land other then land within the Project In the event that Master Developer elects to construct any of the Transportation Improvements, such construction shall occur subsequent to FDOT approval of Plans and Specifications as set forth in Paragraph 7 of this Agreement 4. In the event that Master Developer elects to pay its proportionate share for the Transportation Improvement(s) a, b and/or c (referenced in Paragraph 2 above) rather than construct said Transportation Improvement(s), the Master Developer and FOOT hereby agree as follows: Following the completion of the construction of the applicable Transportation Improvement(s), an accounting of the actual costs associated with the Transportation Instrument# 2010-0 IO # 115 Book: 6452 Page: 3410 Improvement(s), which shall include but not be limited to engineering, permitting and construction costs (the "Actual Costs') shall be provided by FDOT to the Master Developer. In the event that the Master Developer's proportionate share contribution for the applicable Transportation Improvement(s) is less than the proportionate share based on Actual Costs, then Master Developer shall provide the additional funding to FDOT to meet its proportionate share of the Actual Costs within ninety (90) days of receiving the Actual Costs from FDOT. C. In the event that the Master Developer's proportionate share contribution for the applicable Transportation Improvement(s) exceeds the proportionate share based on Actual Costs, then FDOT shall provide the excess funding to Master Developer within ninety (90) days of providing Master Developer the Actual Costs - it. Upon conclusion of the design for the applicable Transportation Improvement(s), FDOT shall confirm that the Master Developer's proportionate share contribution for said improvements are sufficient. In the event that the Master Developer's proportionate share contribution is not sufficient, then Master Developer shall provide the necessary funding to FDOT to construct the applicable Transportation Improvement(s) within ninety (90) days of receiving written notice (including a cost estimate) from FDOT. 4. Federal Review and Approval of Transportation Improvements. In the event that a Federal review and approval is required for any of the Transportation Improvements and a Project Development and Environmental Study ("PD&E Study") or another comparable study (such as an IOAR study) is a requirement of such Federal review and approval, then not less than ninety (90) days following written notice and a cost estimate for the PD&E Study (or other study) from FDOT, Master Developer shall pay FDOT the required costs for the PD&E Study (or other study). However, in the event that Federal review is required as a result of additional improvements requested by FDOT above and beyond those identified within this agreement and that such Federal review would otherwise not be required for the specific improvements identified within this agreement, then the Master Developer shall not be required to pay FDOT the costs for such study. S. Consistency with Mitigation in Development Order. The Transportation Improvements that will be constructed pursuant to Paragraph 2, supra, as well as the Master Developer's payment for the PD&E Study (if applicable) described in Paragraph 3, are in full mitigation of those transportation impacts of Phase I of the Project covered by this Agreement Instrument# 2010-040810 # 116 C O Book: 6452 Page: 3411 and are consistent with the Transportation Improvements for Phase I contemplated within the Development Order except as to the Volusia County Improvement, which shall be administered under a separate agreement with Volusia County. The Transportation Improvements and the Volusia County Improvement ere sufficient for the applicable impacts of the Project Phase 1, including impacts on strategic Intermodal system facilities, and will provide significant benefits to regionally significant transportation facilities. The parties agree that the transportation mitigation projects in Paragraph 2 are material inducements for the parties to enter into this Agreement. 6. Satisfaction of Applicable Mitigation for Phase 1. All parties hereby acknowledge and agree that, based upon the Master Developer's commitment to construct the Transportation Improvements, including the Volusia County Improvement, or contribute the proportionate share for such Transportation Improvements as required herein: (a) the Master Developer shall be deemed to have satisfied all requirements under Chapter 163, Flori Statutes, Section 380.06, Florida Statutes, and Rule 9J2.045, F.A.C., for the mitigation of the applicable traffic impacts of Phase 1 (and the applicable Phase 2 improvements outlined in the Development Order) of the Project; and (b) the Master Developer shall be entitled under Chapter 163, Florida Statutes, Section 380.06, Florida Statutes, and Rule 91-2.045, F.A.C., to commence development of Phase 1 of the Project subject to the conditions set forth in the Development Order. 7. Desian Permittme and Construction of the Projects on the State Highway System. In the event that the Master Developer elects to construct any (or all) of the Transportation Improvements as described above in Paragraph 2, the permitting and construction of the projects on the State Highway System shall proceed under the following terms and conditions: a. The Master Developer shall prepare all plans and specifications in accordance with the FOOT Standard Specifications for Road and Bridge Construction ("Plans") and pursue the acquisition of all governmental permits and approvals ("Approvals") necessary for construction of the Project. Master Developer will complete the design and permitting of the Transportation Improvements set out in Paragraph 2 in accordance with the timing of the project trip thresholds outlined in the Proportionate Share Table. b. FDOT shall have the right to review and approve the Plans and all applications for Approvals prior to the commencement of construction of the projects. With respect to such review, FDOT will exercise good faith, diligent efforts to expedite the review of the Plans and all applications for Approvals for the projects, and approval will not be unreasonably withheld, delayed, or conditioned. Barring unforeseen circumstances, forty-five (45) days from submission to FDOT shall be deemed a reasonable period for such reviews. FDOT shall conduct construction engineering and inspection ("CEP') of the Transportation Improvements and Master Developer shall pay the CEI for each of the Transportation Improvements, which shall be ten percent (10%) of the total cost (including design) for the Transportation Improvement (the "CEI Payment"). Upon completion of the design of the applicable Transportation Improvement(s), and prior to the commencement of construction, Master Developer shall provide FDOT with a cost estimate for said Transportation Improvement (including the calculation of the CEI Payment) together with the CEI Payment. The estimated Irstruent# 2010-MIO f 117 OBook: 6452 Page: 3412 2009 CEI costs are included in the Master Developer's proportionate share calculations reflected in the Proportionate Share Table. FDOT shall exercise their independent professional judgment in the completion of the Transportation Improvements. Pursuant to Section 4.1.4 of FDOT's Construction Project Administration Manual, the authority of the CEI's Senior Project Engineer and the Consultant's Project Administrator shall he identical to the FDOT's Resident Engineer and Project Administrator, respectively. If during the course of the construction FDOT requests a material change to approved construction plans which result in an increase in the project construction costs (which shall include but not be limited to engineering, permitting and construction costs), then FDOT shall reimburse the Master Developer for said cost increases. C. In the event the Master Developer is making the Transportation Improvements, the Developer shall have the affirmative responsibility to locate all existing utilities, both arterial and underground. All utility conflicts shall be fully resolved directly with the applicable utility using FDOT's standard polices, processes and documents for coordinating and resolving utility conflicts. In accordance with Section 337.403, Florida Statutes, the cost of any required utility work shall be bome by the utility provider and shall not be the obligation of the Master Developer. d. The construction of the Transportation Improvements may require various permits from other governmental authorities, which may include, but is not limited to, authorization under the Clean Water Act by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites or from the U.S. Army Corps of Engineers for impacts to wetlands, if any. Master Developer is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the improvements, including, among potentially others, permit approvals issued by the St. Johns River Water Management District, and the Florida Department of Environmental Protection. This Agreement shall constitute the existence of a sufficient interest in the State Highway System right of way for Developer to obtain all permits in Developer's name. If necessary, FDOT will provide additional verification to any permitting agency of FDOT's approval of such permit application. Upon proper completion of construction in accordance with this Agreement, the FDOT will take an assignment of the operational and maintenance phases of any permits as necessary. The permitting of the projects shall be at the sole cost and expense of the Master Developer, except for any costs or expenses necessitated by FDOT requirements but not by the permitting agencies' requirements. Developer is authorized to provide mitigation pursuant to Section 373.4137, Florida Statutesif applicable. FDOT agrees to joint use drainage ponds with the Developer, as appropriate, and FDOT will execute joint use drainage pond agreements and easements, as may be necessary. C. The FDOT shall appoint and authorize a single individual to serve as the FDOT's representative to coordinate and manage the FDOT review of the Master Developer activities pursuant to this Agreement. The individual or that individual's delegate shall have the authority to act on behalf of the FDOT in all matters relative to this Agreement and his or her approval shall be binding on the FDOT. Developer shall notify the representative at least forty- eight (48) hours in advance of starting proposed work and again immediately upon completion of work, The FDOT representative for this project is as follows: Instrument# 2010-040010 8 118 Book: 6452 Page: 3413 Name: Lance DeCuir Address: 719 S. Woodland Blvd. Deland, FL 32720 Phone: 386-943-5383 Fax: 407-2754188 FDOT stall report deficiencies that may be discovered during the construction and design period of the Transportation Improvements to Master Developer's contacts. Master Developer's contacts are as follows: Master Developer Name: Donald E. Mears, Jr. Title: Vice Pres./General Mgr. Address: GS Florida, LLP 300 hd'I Pkwy, Ste 130 Lake Mary, FL 32746 Phone: 407-942-0040 Fax: 407-942-0068 With a copy to Name: Ted Brown/Gmgory D. Lee Company: Baker & Hostetler LLP Address: SunTrust Center, Ste. 2300 200 South Orange Avenue Orlando, FL 32801 Phone: 407-649-7915 Fax: 4007-841-0168 f. Master Developer shall perform all required Verification Testing ("VT"), as that tern is defined by the FDOT, associated with the construction of the projects within the jurisdiction of FDOT in accord with FDOT standards and requirements. Developer shall hire an FDOT qualified CEI to provide construction engineering, inspection, VT, as that term is defined by FDOT, and services, which services shall be performed in accordance with FDOT specifications. Should a matter arise that requires Resolution Testing, as that term is defined by FDOT, the Master Developer shall utilize an AASHTO accredited laboratory (not associated with QC or VT testing) to perform Resolution Testing. All testing results shall be provided to the FDOT representative. The FDOT shall have the right, but not the obligation, to perform such independent testing from time to time during the course of the construction at FDOT's own expense. g. FDOT may request and shall be granted a conference with Master Developer and at Developer's option, Master Developer's contractor to discuss any part of the work that FDOT determines to be inconsistent with the previously approved design plans or the FDOT's specifications. After such a meeting, if the FDOT determines that construction activities are being performed inconsistent with these standards, the parties will follow the following process: (1) FDOT will notify the Developer of its determination of inconsistency, specifying the inconsistencies; (2) within seven days of such notification, the Master Developer will develop a proposed corrective action in accordance with Section 5.1.6 of the FDOT Standard Specifications for Road and Bridge Construction, with a time frame for accomplishing same; (3) the Developer will monitor the corrective action and provide the FDOT status reports at such intervals as are reasonable based on the corrective action undertaken; (4) FDOT may, but is not obligated to, review independently the progress of the corrective action; (5) if the FOOT determines the corrective action is not being done sufficiently, it shall notify the Developer in writing that the operation will cease within seventy-two (72) hours; and (6) within seventy-two (72) hours after receipt of such notice from the FDOT, the Developer will stop all work until an Irstraentt 2010-MIO it 119 OBook: 6452 Page: 3414 acceptable resolution is reached. If the FDOT determines a condition exists which threatens the public's safety, the FDOT may, at its discretion, issue an immediate stop work order. h. Master Developer shall have the obligation to monitor the maintenance of traffic and construction operation during the course of the work so that the safe and efficient movement of the traveling public is maintained. Master Developer is further obligated to make such changes to the maintenance of traffic plan as may be necessary. During construction, the Developer shall take measures, including the placing and display of safety devices, that are necessary in order to safely conduct the public through the project area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, the FDOT's Standard Specifications for Road and Bridge construction, the FDOT's Design Standards, and the FDOT's Plans Preparation Manual as those sources may be amended from time to time. Master Developer may assign the responsibility of this paragraph to the construction contractor for the construction of the road improvements. i. Upon completion of the work in accord with the Plans and Specifications, the Master Developer shall furnish a set of as -built drawings certified by an engineer that the necessary improvements have been completed in general conformance with the Plans and Specifications as the same may be modified in accord with the terns of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that to the best of the engineer's knowledge, information and belief all materials entering into the work are in general conformance with the Plans and Specifications, the applicable specifications contained in the FDOT Standard Specifications for Road and Bridge Construction, or otherwise conform to or meet generally accepted professional practices. The Master Developer shall also prepare and submit any required certifications to permitting agencies. In addition, the Master Developer shall, at such time, provide the FDOT with copies of such other construction records from the project as the FDOT may request (such as pile driving records, bridge load rating records, density log book, etc.). Developer may assign the responsibility of this paragraph to the construction contractor for the construction of the Transportation Improvements. j. In the event contaminated soil is encountered by the Master Developer or anyone within the FDOT right of way, the Master Developer shall immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agencies and notify the Master Developer of any required action related thereto; provided, however, that Master Developer shall not be responsible for any costs or expenses for remediation or clean up of such contamination, or any damages or increased project costs whatsoever associated therewith, unless such contamination was caused by the Master Developer, its agents, or employees. Master Developer may assign the responsibility of this paragraph to the construction contractor or the CEI for the construction of the road improvements. k. The Master Developer shall commence construction of the projects in accordance with the terms of this Agreement. Once commenced, the Master Developer will conduct such construction in a workmanlike fashion and will diligently pursue such activities to completion subject to a day -for -day extension for events of force majeme. However, Instruaentt 2010-040810 R 120 C O Book: 6452 Page: 3415 notwithstanding anything in the foregoing to the contrary, construction of the projects will not commence until all right-of-way necessary for such construction is obtained. For purposes of this Agreement, "force majeum" shall mean causes beyond the control of the Master Developer, including, without limitation, acts of God, catastrophe, civil commotion, strikes, lockouts, war, natural disaster, or unavailability of materials. Master Developer may assign the responsibility of this paragraph to the concoction contractor for the construction of the Woad improvements. 1. Performance and Payment Bond. A performance and a payment bond in the amount of I OM of the contractor's bid amount for the construction of the projects, in a form acceptable to FDOT and in conformance with Section 337.18, Florida Statutes, shall be provided no later than fifteen (15) days prior to the commencement of construction of the projects. The performance and payment bond shall be payable to the FDOT and shall be conditioned on the prompt, faithful, and efficient performance of this Agreement and the payment of all labor and materials within the time specified herein. Bond amounts shall be approved by FDOT consistent with this provision. 8. Competitive Bidding. The parties acknowledge and agree that, pursuant to Section 380.06(15xd)4, Florida Starnes, the Master Developer, its construction contractor, or the CEI Firm, is not required to utilize the competitive bidding or negotiating procedures for selection of a contractor or design professional for any par of the construction or design of the projects. 9. Governing Law/Binding Effect. This Agreement shall be interpreted and governed by Florida Law. Each of the parties hereto warrants and represents that this Agreement is valid, binding and enforceable against them in accordance with the terms and conditions of Florida law. 10. Remedies. The parties hereto shall have all rights and remedies provided hereunder and under Florida Law with respect to the enforcement of this Agreement and hereby acknowledge and agree that each party hereto shall have the right and remedy to bring an action or actions for specific performance and such other equitable or injunctive relief as appropriate or necessary to enforce this Agreement. The parties agree that the venue for any enforcement action shall be the Circuit Court in and for Volusia County. 11. Notice of Default. The parties acknowledge and agree that no party shall be considered in default for failure to perform under this Agreement until such party has received written notice specifying the nature of such default or failure to perform and said party fails to cure said default or fails to perform within thirty (30) days of receipt of said written notice. 12. Notices. All notices which are required or permitted under this Agreement shall be given to the parties by certified mail, retum receipt requested, hand delivery or express courier and shall be effective upon receipt when delivered to the parties at the addresses set forth hereinbelow (or such other address as provided by the parties by written notice delivered in accordance with this paragraph): 10 Instrtzentt 2010-MIO t 121 OBook: 6452 Page: 3416 For FDOT: Noranne Downs, District Secretary Florida Department of Transportation 719 S. Woodland Blvd. b4-549 DeLand, Florida 32720-6834 With a Copy to: Tim Laubach, Esq. General Counsel Florida Department of Transportation 719 S. Woodland Blvd DeLand, Florida 32720 For: Master Developer Donald E. Mears, Jr. Vice President / General Manager GS Florida, LLP 300 International Parkway, Suite 130 Lake Mary, FL 32746 With a Copy to: Ted Brown, Esquire Baker & Hostetler LLP SunTntst Center, Ste. 2300 200 South Orange Avenue Orlando, FL 32801 13. Amendments. No amendment, modification or other changes in this Agreement shall be binding upon the parties unless in writing executed by all of the parties. 14. Successors and Assigns Bound. The rights and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, including any successor in title to the Master Developer to all or any part of the Property. 15. Recording. The Master Developer shall record this Agreement in the Public Records of Volusia County at the Master Developer's expense. 16. Effective Date. This Agreement shall become effective upon the date it is executed by the last party to it. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be any original, but all counterparts shall together constitute duplicates of one and the same instrument. 18. Public Records. The FDOT may unilaterally cancel this Agreement for refusal by the Developer to allow public access to all documents, papers, letters, or other material subject to I Irstrunentt 2010-MIO 8 122 C O Book: 6452 Page: 3417 the provision of Chapter 119, Florida Statutes, and made or received by the Master Developer in connection with this Agreement. 19. Public Entity Crime Information and Anti -Discrimination Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess off the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit on a contract to provide any goods or services to a public entity, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contactor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (SIGNATURES ON FOLLOWING PAGESI 12 Instrwentf 2010-040810 ! 123 —� Book: 6452 Page: 3418 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in manner and form sufficient to bind them as of the date set forth herein below. Witnesses: 151�- nted Name: $66. rl ' STATE OF FLO A COUNTY OF CIJI A AS TO FDOT: FLORIDA DEPARTMENT OF TRANSPORTATION By: - _ Name: AJuvoai c S ./� Title: � 'Sow..-Prn7v Date: 7—e2e1-09 _� r— )Zevpew�,f Anap b� The foregoing instrument was ackno ]edged before me this _ day of Ju H 200 Q by Jj/DYgAr< �it„�NJ , as Vl.cy�/O✓3' , on behalf of the Florida Department of Transportation. Helshe O did k did not take oath. y�"`�' Haen auwk ata�e or prance Notary Pu C J-W, cwyn� Print Not Name: dr Ercom,,,ro.m o0e34743 My Commission Expires: My Commission Number: O Personally known to me; or ❑ Produced as identification 13 IrstnementR 2010-040g10 t 124 M ^ O Book: 6452 �I Page: 3419 Witnesses: Printed NameLy STATE OF FLORIDA COUNTY OF O¢A1Xb: AS TO THE MASTER DEVELOPER: HAMMOCK CREEK GREEN, LLC, a Delaware limited liability company By: Hammock Creek Green Holden, LLC, a Delaware limited liability company, its sole member By: GS Florida Green Land, LLC, a Delaware limited liability company, its sole member By: GS Florida, LLP, a Florida limited liability partnership, its Asset Kanrza( The foregoing instrument was acknowledged before me this 21nday of A a*j,,At j , 200 9 by ga N ta&&AS as v-pehik'Irm n^.,v� on behalf of :5tteaaKa.LLP :f_clZnYitls �ea�<aAfllttc' Q4*W -re/sRe d' r N. ake oath. k GREGORY D. LEE Rip aMMOD Erpres tkn # DDbff 4 488 man rm. r� r,n n.... roasmro Notary Public ' - Print Notary Name: Ga&q"x zk. ec My Commission Expires: rtkrtt¢ My Commission Number: br vYSLL:r UUt'ersonally known to me; or ❑ Produced as identification 14 Instrusentil 2010-MIO 11 125 Book: 6452 Page; 3420 EXHIBIT "A" Legal Description CITY OF EDGEWATER PORTION OF THE RESTORATION PROJECT CONTAINING 5187.045 ACRES BIASEDON SURVEY PREPARED BY DANIEL W. CORY. PSM DATED -REVISED DECEMBER 7, 2007) DESCRIPTION: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 12 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 19 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described m follows: Commence at the Southwest comer of said Section 2; thence North 89014'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the are of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35019'46" and a chord of 8425.67 feet which bears North 20033127" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 405644" and a chord of 1390.74 fcet which bears North 35044'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non -tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the are of a curve to the left being non -tangent with the last described line, said curve having a radius of 15,883.28 fat, a central angle of 4"24'58" and chord of 1223.95 feet which bears South 360W50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9040'43" and a chord of 2381.79 feet which bears South 33022'58" East; thence North 61054'23" East, along a line non -tangent and non -radial to said curve, a distance of 177.80 feel to a point of curvature; thence 7098.59 feet along the are of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59"16'52" and chord of 6786.17 feet which bears South 8802T11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32057'20" and a chord of 1604.93 fat which bears South 75017'25" East; thence 480.12 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7030'08" and a chord of 479.77 feet which bean North 10023*50" West to a point of compound curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5040'09" and a chord of 2780.94 feet which bears North 03048'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17030'43" and a chord of 3161.24 feet which bears North 15 Instrument# 2010-040810 t 126 r" O Book: 6452 Page: 3421 09043158" West to the North line of said South 1/2 of the Northeast 114 of Section 34; thence North 8803524" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non -tangent to the last described curve, a distance of 243.96 fect thence 3173.28 feet along the arc of a curve to the right being non -tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of t 7"07'31" and a chord of 3161.48 feet which bears South 0903222" East to a point of reverse curvature; thence 2758.98 fect along the are of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5"40'09" and a chord of 2757.85 feet which bears South 03"4841" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42002'52" and a chord of 2463.43 feet which bears South 27040'11" East to a point of reverse curvature; thence 2417.59 feet along the are of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27*04'I8" and a chord of 2395.16 feet which bears South 35°0929" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle of 23055'52" and a chord of 2439.48 feet which bears South 33035'16" East to a point of tangency; thence South 45033'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36038'57" and a chord of 859.39 fect which bears South 27013'43" East; thence South 89044'48" East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77055'29" West, along said Westerly right of way, a distance of 168.81 fecg thence South 89"41'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South 00°18'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89044'48" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.28 feet, a central angle of 42023'29" and a chord of 919.49 feet which bears North 2402127" West to a point of tangency; thence North 45"33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23055'52" and a chord of 2536.28 feet which bears North 33035'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27004'18" and a chord of 2285.89 fect which bears North 35009'29" West to a point of reverse curvature; thence 1982.61 feet along the are of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30058'48" and a chord of 1958.54 feet which bears North 33012'13" West, thence IS 10.62 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34000'14" and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 5901652" and a chord of 6566.87 feet which bears North 8802TI V West to a point of tangency; thence South 6105423" West, a distance of 177.80 feet; thence 6098.25 feet along the are of a curve to the right being non -tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 fret which bears South 15°16'05" East to a point of tangency; thence South 02053'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 8901448" West, a distance of 233.60 feet to the POINT OF BEGINNING. 16 Instrsent6 2010-040810 t 127 Book: 6452 -- — Page: 3422 AND: The South 1/2 of the Southwest 1/4 and the South 112 of the Southeast 1/4, Section 32, Township 17 South, Range 33 East, the South 12 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 114, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast t/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 114, Section 33, Township 17 South, Range 33 East, the South 1/2 of the Northwest 1/4, the South 1/2 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 Fast; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township 17 South, Range 33 East; a portion of Section 6, Township 18 South, Range 34 East, lying Southwesterly of Interstate 95; all of Section I and 2, Township 18 South, Range 33 East; and Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast comer of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet; thence East 660 feet to the East lire of said Section 3; thence South on the Section line 330 feet to the place of beginning; all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, thence North 00°23'50" West, along the West line of said Section 3, a distance of 9268.62 feet to the South line of said Section 32; thence South 88053'05" West along said South line of Section 32, a distance of 1121.77 feet to the Southwest comer of said Section 32; thence North 01045'25" West, a distance of 1317.75 feet to the Northwest corner of said South 1/2 of the Southwest 1/4 of Section 32; thence North 88048'27" East, a distance of 5316.15 feet to the Northwest Coma of said South 1/2 of the Southwest 1/4 of Section 33; thence North 8804447" East, a distance of 3973.41 feet to the Northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North 01045'54" West, a distance of 663.33 feet to the Northwest comer of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88"44'01" East, a distance of 661.32 feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 114 of Section 33; thence North 01050'38" West, a distance of 1990.46 feet to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88041'43" East a distance of 658.58 feet to the Northwest corner of said South 1/2 of the Northwest 1/4 of Section 34; thence North 88035'24" East, a distance of 5293.36 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88007'06" East, along the North line of said South 1/2 of the Northwest 114 of Section 35, a distance of 884.36 feet to the Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 2r5336" East, a distance of 452.54 feet; thence South 29052'56" East, a distance of 1053.25 fat; thence South 29053'27" East, a distance of 1127.04 feet; thence South 29°53'23" East, a distance of 1141.37 feet to the East line of the Southwest 114 of Section 35, Township 17 South, Range 33 East; thence South 02012' 17" East, along said East line of the Southwest 1/4, a distance of 700.28 feet to the Southwest corner of the Southeast 1/4 of said Section 35; thence North 88044'36" East, along the South line of said Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 29"52'54" East, a distance of 1270.66 feet; thence South 29053'55" East, a distance of 1005.54 feet; thence South 29052' 17" East, a distance of 825.17 feet; thence 939.01 feet along the arc of a curve to the 17 Instrment► 2010-040810 C 128 Book: 6452 Page: 3423 right being non -tangent to the last described line, said curve having a radius of 8419.42 feet, a central angle of 602325" and a chord of 938.53 feet which bears South 26041'16" East; thence South 00015'12" West, leaving said right of way of Interstate 95 and along a line non -tangent to said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range 34 East; thence North 89044'48" West, along said South lice of Section 6, a distance 3825.35 feet to the Southeast corner of said Section 1; thence South 89*19'23" West, along the South lice of said Section 1, a distance of 5288.04 feet to the Southeast comer of said Section 2; thence South 89014'48" West, along the South line of said Section 2, a distance of 5299.92 feet to the Southeast comer of said Section 3; thence North 00020'15" West, along the East lice of said Section 3, a distance of 330.00 feet; thence South 89001'09" West, a distance of 660.00 feet; thence South 00*2915" East, a distance of 330.00 feet to the South line of Section 3; thence South 89"01'09" West, along the South line of Section 3, a distance of 4619.20 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 12 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 12 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township IS South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest comer of said Section 2; thence North 89°14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of curvature; thence 9560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35019,46" and a chord of 8425.67 feet which bears North 20033127" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 405644" and a chord of 1390.74 feet which bears North 35044'57" West to the North line of said South 12 of the Southeast 114 of Section 32; thence North 88°48'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non - tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4024'58" and chord of 1223.95 feet which bears South 36000'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9040'43" and a chord of 2381.79 feet which bears South 33°22'58" East; thence North 61054'23" East, along a line non - tangent and non -radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59016'52" and chord of 6786.17 feet which bears South 88°27'11" East to a point of reverse curvature; thence 1627.27 feet along the are of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32057'20" and a chord of 1604.93 feet which bears South 75"17'25" East; thence 480.12 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7030'08" and a chord of 479.77 feet which bears North 10"23'50" West to a point of compound curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5040'09" and a chord of 2780.94 feet which bears North 03048'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to 18 Instrinenti 2010-040810 R 129 Book: 6452 V Page: 3424 the left, said curve having a radius of 10,383.28 feet, a central angle of 17030'43" and a chord of 3161.24 feet which bears North 09043'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 8803524" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non -tangent to the last described curve, a distance of 243.96 fear thence 3173.29 feet along the arc of a curve to the right being non - tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 1700731" and a chord of 3161.48 feet which bears South 0903222" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5040'09" and a chord of 2757.85 feet which bears South 03048'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.29 feet, a central angle of 42002'52" and a chord of 2463.43 feet which bears South 2704911" East to a point of reverse curvature; thence 2417.39 feet along the arc of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27004'18" and a chord of 2395.16 feet which bears South 35009'29" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle of 23055'52" and a chord of 2439.48 feet which bears South 33035'16" East to a point of tangency; thence South 45033'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36038'57" and a chord of 859.39 feet which bears South 27013'43" East; thence South 89044'48" East, along a line non -tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77°55'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89041'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South 00018'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 8904448" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non -tangent with the last described line, said curve having a radius of 1133.28 feet, a central angle of 42°23'29" and a chord of 819.49 feet which bears North 24021'27" West to a point of tangency; thence North 45033'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23055'52" and a chord of 2536.28 feet which bears North 33035116" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27004'18" and a chord of 2285.89 feet which bears North 35°09'29" West to a point of reverse curvature; thence 1982.61 feet along the an: of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30°58'48" and a chord of 1958.54 feet which bears North 33012'13" West, thence 1810.62 feet along the arc of a curve to the right being non -tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34000' 14" and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 59016'52" and a chord of 6566.87 feet which bears North 8802711" West to a point of tangency; thence South 61°54'23" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve to the right being non -tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 feet which bears South 15016'05" East to a point of tangency; thence South 02"53'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89014'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. 19 Instruent4 2010-040810 R 130 ^ Book: 6452 �J Page: 3425 EXHIBIT "B" S.R. 442 at I-95IMPROVEMENTS (SEE ATTACHED) K81 Instnment# 2010-040810 i 132 Book: 6452 Page: 3427 EXHIBIT "C" TYPICAL CROSS SECTION OF SR 442 at I-95 IMPROVEMENTS (SEE ATTACHED) 21 COJ J Instnaenti 2010-MID 1 133 OBook: 6452 Page: 3428 1� Instruent► 2010-MIO 1 134 h Book: 6452 V Page: 3429 Diane N. Natolsek Volusia Canty, Clerk of Court t EXHIBIT"We Proportionate Share Table Restoration DRI Ivplweee.t Toul Improvement C.it (2009) pm,millonate Sham New Ener.zl 2-wgly 1e51 Pnk Project Trip ThredhoW' % S A Signalize SR 442 011-95 SO Ramps $297,546 100% $287.546 5"(2011) B Signalize S R. 442 al 1-95 NB Ramps S287,546 100% $287,56 1,131(2013) C S.R 441a11.95L .Addlll.' $2,190,924 100.0% $2,190,924 1.131 (2013) D Signalise S R. 44 ar Alrporl Road S210,000 33.0% S69.300 1,697(2015) F S R. 421 at 1-93 NB Ramps Ord WBT) $258.454 46.M $118,889 1,131(2013) F S R 421 in 1.95 SB Ramp (3rdSBL) S350,845 100% S350,845 1.131 (2013) Total 53,585,315 S3,305,050 'fees eW.."inimda p.rntsnn Ina. when mlNroNoe requn,ni--n. 1ab—Wv b.. bv. 1—Wel m MOT whirl demo....Munlre Inp fli—Wd M1n nm Mm mMW or A., be impmremme b .., . .. If m[h inrarm.ao. N PmvxIM b MOT, den ..ew trip d mMW ..a year .bat be landed. F."., .u ..M .. m, IbI.M W vo Jere ml.ed b.sed o wM. rbe Pmjnm in IkniMu end when rM aknW k .red. For impmemenn B.W C IM1e "mboM wu deun einM based on when the pmjM Impel b .1{nifiemi.nd Ibe...W ..d mmpa bit ... i, ivel Vol wit\ rbe nutln{ {mmmq. For imprarenvnu E .pa F, Ib ihmboM —1 desemimd h.nd nit when Ibe l Ik. N i..h .kni@vntly Imp.tud .M ommm.a.nny. 'sho.w be ewer pvckpe..Nn..pits.. Impmremenl A, me. no Ino u..... mane. Puee Io the hwhn. Ibmnnla..kovl--m..." Ann Be P-r ". MOT &—ne eW{,w Ne nieul.mmmM. le IM weeub.uhe.k..Ih... wvnviea, One be dmkPma.1 pram.' beyovd lM Intl... lrip mi-shld.W nn...-B .ioperrha pmr... A{ul w.mpuo."is ........ I hnmlhemfiee..n. B N 1—nailed ihm Ne.kna Nw.mnlN. U1. dmoulnllnn I.., the nkxl 6w.mn.,IM1e. On A. -I rMb he.-.M within 12—.01. if b ,warm.. Is.n.N2m IAf Numb..[.Improve—.. will pmd..On fmkwi.{m.nnMn rmn.Viw(m{.neatly d.,.n by..h..,-F-.11M1 Derebpmem O,ni-) end wm nm "tfl a end...epl,sow.1: S.,.2.. 1-N S5 Rise, FB ApPmac. 2 nnm:yr lama and 1 Ihm.ph-mim lane (imiae Mmesb Inn m And EBl eI NB Ramp—a—u, WB App ro h. 2 dmxnh liens eM I labs ea km SB Am—h 21eR-l:un I.w ee:d 1 eMn.liW nSlrl-mm Nm b2.1A '4 V. A,_ EB Appm.ah nhmupM1 Wm W I kT um New WB App eiiM1 2 d:rweyh Nn. W 1 eh.n,liaM nehlimn Ime NB bM.eh I hR-rum Inn eM 1 ch—hicd.0,,. 1.. In Te item Mr Ilse rnx.—n--iimpmvemmr C--en. rM 11N.m.m of rM malic een.1 IM1m wes innelM fin.., A, IM1e. no Mean Dev.lry anal, be mmm.lb6 lm.e w.u. 079828, 000001, 1026394M 8 22