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2013-O-04 06/06/2013 03:38 PM Instrument# 2013-110371 # 1 Book : 6867 Page : 1308 ORDINANCE NO. 2013-0-04 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) TO MUPUD (MIXED- USE PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 95 AND STATE ROAD 442, EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Storch & Harris, LLC, agent/applicant on behalf of Swallowtail, LLC, owners of property located at the southwest corner of Interstate 95 and State Road 442, Edgewater, Florida. Subject property contains approximately 877.5 acres more or less. 2. The owner/applicant has submitted an application for a change in zoning classification from RPUD (Residential Planned Unit Development) to MUPUD (Mixed-Use Planned Unit Development) for the property described herein. 3. On April 10, 2013 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6-0 the Board recommended that City Council consider approval of the request. 4. On May 6, 2013, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Daytona Beach News Journal on April 25, 2013. 5. On June 3, 2013, the City Council held a public hearing on the application after Strike-through passages are deleted. Underlined passages are added. #2013-0-04 Instrument# 2013-110371 II 2 Book : 6867 Page : 1309 publishing notice of such hearing in the Daytona Beach News Journal on May 23, 2013, and notifying by mail all adjacent property owners. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. The proposed change in zoning classification will not have an adverse effect on the natural environment. 10. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from RPUD (Residential Planned Unit Development) to MUPUD (Mixed-Use Planned Unit Development) pursuant to the associated Mixed-Use Planned Unit Development (MUPUD) Agreement which is attached hereto and incorporated herein as Exhibit "A" (said Exhibit also includes the legal description and map of subject property). Strike hrough passages are deleted. Underlined passages are added. #2013-0-04 Instrtnt# 2013-110371 # 3 Book _ 6867 Page : 1310 PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Ignasiak, with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on May 6, 2013, was as follows: Strikethrettgh passages are deleted. Underlined passages are added. #2013-0-04 Instrumnt# 2013-110371 It 4 Book _ 6867 Page : 1311 AYE NAY Mayor Mike Thomas Abstained Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by 'l'ta,i, sJ-u(+ .t�.a.iag�}On with Second by Cininothoom6,,, aver , the vote on the second reading/public hearing of this ordinance held on ("()Lull_ 3 , 2013, was as follows: AYE NAY Mayor Mike Thomas .A k+.LL;.41 Councilman Christine Power I Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X PASSED AND DULY ADOPTED this 31-C4 day of BLIAL , 2013. Strike through passages are deleted. Underlined passages are added. #2013-0-04 Instrtaent# 2013-110371 it 5 Book : 6867 Page : 1312 ATTEST: CITY COUNCIL OF THE CITY OF EDGEW R, S '4 DA r � O.. • • •. _ .l By , . .�_'� --- Bonnie Wenzel k Mike mas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater t a meeting held on this 3rd day legality by: Aaron R. Wolfe, Esquire of 12013 under Agenda Item No. City Attorney 8 q . Doran, Sims, Wolfe&Kundid -4r-4w-through passages are deleted. nderlined passages are added. 2013-0-04 InstrUment# 2013-110371 It 6 Book : 6867 .-~~~ -L__'� ` \ � ! | | , ' ' .°.' / .~- - ---��``_-l \^ ,, ~�� ~,� - --~ -u x 0 ,�• � �--�- ' �~ . �0� ' . ` `^ � U g 5. t ' _y---6_' Instrument# 2013-110371 # 7 Book : 6867 Page : 1314 "Exhibit A" Instrument# 2013-110371 # 8 Book : 6867 Page : 1315 THIS INSTRUMENT PREPARED BY: Glenn D. Storch,Esquire Storch&Harris,LLC 420 South Nova Road Daytona Beach FL 32114 AFTER RECORDING RETURN TO: Robin L.Matusick,Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O.Box 100 Edgewater FL 32132-0100 For Recording Purposes Only MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT Deering Park Center THIS AGREEMENT is made and entered into this 3r6 day of l , 2013 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and, SWALLOWTAIL, LLC, a Delaware limited liability corporation, whose address is 410 North Michigan Avenue, Room #590, Chicago, Illinois 60611-4252 (herein after referred to as "Landowner and/or Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 877.50± acres west of Interstate 95 and south of SR 442, in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The record owner of the subject property is Swallowtail, LLC. 2. DURATION OF AGREEMENT AND ADAPTIVE MANAGEMENT PLAN 1 Instrument# 2013-110371 # 9 Book : 6867 Page : 1316 The duration of this Agreement shall be thirty (30) years and run with the land. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development must be consistent with the Concept Plan attached as Exhibit `B". Each phase of development must also incorporate a site plan which must be approved by City Council prior to commencement of any authorized work. The adaptive planning management approach is hereby incorporated into this Agreement to address future uncertainties by linking flexible planning strategies to decision making, and adjusting implementation, as necessary, to improve the success of the project for both the City and property owners. The parties agree that they will review this agreement and the status of the development every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the development agreement and appropriate land use standards to encourage economic development. In addition, if construction has not commenced within five (5) years of the effective date of the agreement, and for each five (5) years thereafter, the Landowner/developer shall have the agreement reviewed by the City in a public hearing to determine if any substantial changes have occurred in pertinent conditions existing at the time of approval of this agreement. This five (5) year review shall also consider the continued availability of sanitary sewer, solid waste, drainage, adequate water supplies and potable water facilities in order to serve the new development as depicted in this agreement. If it is determined, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the agreement and/or there are no longer adequate public facilities or services available to serve the development, this agreement may be revoked or modified by the City. In order for the Landowner/developer to reserve future utility capacity, the Landowner/developer must pay 100% of the applicable impact fees for each phase and type of utility to be reserved and agree to 2 Instrt, nt# 2013-110371 # 10 Book : 6867 Page : 1317 a minimum charge that shall be applied to each E.R.U. reserved and not connected within one (1) year. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. Deering Park Center is planned, implemented, and refined using the principles of adaptive management to ensure the best use of land and to adjust the development of the property to the economic, planning, and development needs of the City and the property owners. Adaptive management in the context of city planning provides an efficient process to address risk and uncertainty inherent within long range planning and development by encouraging flexible plans and designs. This approach helps account for uncertainty by providing options for adjustment given actual future conditions to help achieve the City's planning goals and objectives. Utilizing the planning principles of adaptive management, the City acknowledges that this project may be developed in phases to ensure sound, long range planning and development of the Property. The City acknowledges that the location of building structures may be altered as necessary for permitting or other conditions. Each phase will include a site plan depicting the development of the corresponding phase. The Landowner and/or Developer is not contemplated 3 Instrument# 2013-110371 # 11 Book _ 6867 Page _ 1318 to be the actual Developer and each Phase may have a different Developer that will comply with the terms and conditions within. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC) as of the adoption date. Based on Final Subdivision Plan approval, the total number of single-family and multi-family units may vary but the maximum units allowed shall not exceed a gross density of 1.55 units / acre and a net density of 4.25 du/ net acre, or a total of 1,362 units. If the Landowner and/or Developer achieves less than the 1,362 approved dwelling units, then the corresponding square footage of retail, commercial, or industrial shall be added to the permitted non-residential square footage as long as the total square footage does not exceed DRI thresholds. For purposes of calculating equivalent square footage, Equivalent Residential Units (ERU's) shall be calculated based on traffic generation rates as determined by the most recent ITE manual. The Landowner and/or Developer further agrees that all development will be consistent with the attached Concept Plan (Exhibit `B"). The Property shall be developed consistent with the City's LDC procedures (except as amended by this agreement). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. RESIDENTIAL In the event that single-family units are developed on the Property,the total number of units shall not exceed a total of 1,362 single-family and multi-family dwelling units. 4 Instrument# 2013-110371 # 12 Book _ 6867 Page : 1319 Minimum Single Family Residential Criteria shall be: Minimum Lot Size 55 ft. wide by 115 ft. deep Minimum Living Area 1,200 s.f./unit Minimum Yard Size and Setbacks(All single-family residential lots): Front(Garage)—20' Front(Non-Garage)— 15' Rear—20' Side-5' Side Corner- 15' Maximum Height—35' Utility Easements— 10' front, 5' sides Swimming Pools-Rear 5' from property line to pool deck edge - Side 5' from property line to pool deck edge Multi-family Minimum Yard Size and Setbacks(Multi-Family Residential): Front— 15' Rear—20' Side—20' (between buildings) Side Corner- 15' Maximum Height—50' Utility Easements— 10' front, 5' sides Swimming Pools—20' from property line to pool deck edge (Community Pools) 5 Instrument# 2013-110371 # 13 Book : 6867 Page : 1320 Townhomes and condominiums shall have no minimum lot size. Condominiums shall be required to maintain common open space pursuant to applicable City code provisions. Building separations will comply with the current Florida Building Code and City Fire Code. Multi-family land uses may utilize inverted crown roadway and drainage systems with flush curb and gutter within multi-family villages. COMMERCIAL Minimum Yard Size and Setbacks: Front—25' Rear— 10' Side—15' (between buildings) Side Corner—25' Maximum Height — 50' (35' feet within 100 feet of single family residential areas) Utility Easements— 10' front, 10' sides Building separations will comply with the current Florida Building Code and City Fire Code. Parking: All commercial uses shall meet the requirements of the City's LDC. For retail uses, 50% of required parking shall be located on the side or at the rear of the building. Commercial areas may be subdivided into 25' wide lots, which may then be combined to meet "building site" requirements including all minimum yard size and standards from the perimeter of the "building site"which is created by a combination of lots. 6 Instrument# 2013-110371 # 14 Book : 6867 Page : 1321 INDUSTRIAL Minimum Yard Size and Setbacks: Front—25' Rear— 10' Side—15' (between buildings) Side Corner—25' Maximum Height — 50' (35' feet within 100 feet of single family residential areas) Utility Easements— 10' front, 10' sides Building separations will comply with the current Florida Building Code and City Fire Code. Parking: Per the City LDC requirements. Industrial areas may be subdivided into 25' wide lots, which may then be combined to meet "building site" requirements including all minimum yard size and standards from the perimeter of the "building site"which is created by a combination of lots. OVERALL SITE DEVELOPMENT STANDARDS A. Roads Main Access—Minimum right-of-way width for the entrance road shall be a minimum of 100-feet; Minimum right-of-way widths within Residential areas shall be 50-feet. Any Indian River Boulevard extension shall be designed by a FDOT prequalified design firm. It is contemplated that the Landowner and/or Developer and the City will cooperate with the owner 7 Instrument# 2013-110371 # 15 Book _ 6867 Page _ 1322 of property located adjacent to the north of Indian River Boulevard extension ("IRB"), construction of which to be completed by Landowner and/or Developer(s) to accomplish these contemplated improvements and that the Landowner and/or Developer shall receive appropriate transportation impact fee credit and fair share credit for undertaking their transportation improvements. All roads within the property shall be maintained by either a Property Owner's Association (POA) or Community Development District (CDD). The Williamson Boulevard extension will be dedicated to and maintained by Volusia County or the City. The IRB extension will be dedicated to and maintained by the City of Edgewater. The Landowner and/or Developer shall contemplate the connection to and extension of the multi-modal systems established in adjacent developments. B. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City of Edgewater LDC. The pond(s) will be owned and maintained by the POA/CDD (Property Owner's Association/Community Development District). Landowner and/or Developer is required to obtain an off-site drainage easement if necessary and meet the following stormwater requirements. Flood Plain Encroachment and Compensatory Storage Criteria: Definitions: FEMA—Federal Emergency Management Agency FIS —Flood Insurance Study FIRM—Flood Insurance Rate Map USGS—Untied States Geological Survey NGVD29—National Geodetic Vertical Datum of 1929 8 Instrument# 2013-110371 # 16 Book : 6867 Rage : 1323 NAVD88 —North American Vertical Datum of 1988 SHWL — Seasonal High Water Level. The SHWL is defined as the elevation to which ground or surface water can be expected to rise during a normal wet season. SHGWT — Seasonal High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the highest average depth during the wettest season of the year. 100-Year Flood Elevation — The flood elevation that has a one percent (1%) chance of being equaled or exceeded each year. The on-site 100-year flood elevation shall be established to the satisfaction of the City Engineer. Establishing the 100-year flood elevation may be based upon a combination of: FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site-specific assessments signed and sealed by a professional engineer licensed to practice in the State of Florida. Projects located near the coast should evaluate any flooding effects associated with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and 0). In the case of conflicting information,the City will rely upon the highest elevation, unless reasonable assurance can be provided that a lower elevation is justified. Under no circumstances will the City accept a 100-year flood elevation determined by overlaying a FEMA Zone A delineation with any topographic contour information. Construction plans and drainage basin maps shall be annotated to clearly and accurately delineate the flood plain encompassed by the applicable on-site 100-year flood elevation. 9 Instrument# 2013-110371 # 17 Book : 6867 Page : 1324 Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1-foot topographic contour interval and 100-year flood elevation to one (1) decimal accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. Flood Plains shall be delineated for all storage areas located within the property boundary as defined by the pre-development topography, even if these areas are not illustrated on FEMA FIRM panels. Historically, flood elevation published by FEMA and other governmental agencies have been determined using the NGVD29 datum, or for that matter any other vertical datum, a "datum shift" may be required to "adjust" the applicable on-site 100-year flood elevation to a common and consistent datum. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions and any other low areas within the property boundary that are capable of impounding stormwater runoff on the developed property. Flood plain encroachment shall be computed for all fill placed within the flood plain below the 100-year flood elevation and above the predicted SHGWT or SHWL. Compensatory storage for all 100-year flood plain encroachments shall be provided in accordance with the following requirements: Compliance will be based upon a volume for volume ("cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (1-foot contour interval). Providing compensating storage equal to the volume 10 Instrument# 2013-110371 # 18 Book : 6867 Page : 1325 of encroachment at each elevation will provide equivalent flood plain management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quality impacts. Storage creation must occur below the existing 100-year flood elevation and above the predicted SHGWT and/or SHWL. Compensation must occur within dedicated storage areas excavated contiguous to, but outside of,the existing 100-year flood plain. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis. The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems, and/or offsite properties. In an effort to enhance the maximum efficacy of the stormwater infrastructure, Landowner and/or Developer is encouraged to design and permit joint stormwater facilities. C. Signage Every business lot is entitled to signage located on the internal street system as regulated in the City's LDC. Tracts 9, 10 and 12, as defined in Exhibit `B" shall be permitted one (1) overall community/tract sign per tract along I-95 not to exceed 150-square feet of copy area and have a maximum height of thirty(30) feet. The number,design and construction standard of said signs shall conform to the LDC unless the project identification and enhanced signage for each 11 Instrient# 2013-110371 # 19 Book : 6867 Page : 1326 lot/tractallow for different or alternative signage. Existing billboards may remain on site, pursuant to the standards set forth in the LDC. D. Trees There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2 '/2" in diameter, measured 6"above the soil line and shall be of a variety listed in Exhibit "C" — Trees. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. Statistical tree survey information may be considered at the discretion of the Development Services Director. However, such statistical surveys shall be limited to sites containing an over-story consisting predominantly of trees uniform in age, species and distribution, which do not contain specimen or historic trees. Statistical surveys must be conducted in compliance with accepted forestry practices. The development of this Subdivision shall comply with all City and County minimum environmental standards for Historic and Specimen Tree Protection requirements and Area Tree Protection requirements. Landscaping for multi-family, commercial and industrial uses shall comply with the current LDC. E. Entrance Minimum 120-foot right-of-way width located for the Indian River Boulevard extension. 12 Instruannt# 2013-110371 1 20 Book _ 6867 Page : 1327 F. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By-Laws for the POA and/or CDD will be recorded in the public records of Volusia County at the time the Final Plat for Deering Park is recorded. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for the Property is Mixed — Use with Conservation Overlay and Conservation. The zoning designation for Deering Park shall be MUPUD (Mixed- Use Planned Unit Development) as defined in the City LDC and amended herein. The City of Edgewater's permitted uses for MUPUD (Mixed-Use Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map and LDC. 5. PUBLIC FACILITIES A. For any development, Landowner and/or Developer agrees to connect to and utilize the City's water distribution system. Landowner and/or Developer agrees to connect to the City's potable water system at the nearest point of connection, which will provide adequate flow for the development as determined by the City. All water main distribution system improvements will be installed by the Landowner and/or Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting. B. Landowner and/or Developer agree to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Landowner and/or Developer and conveyed to the City by 13 Instrument# 2013-110371 # 21 Book : 6867 Page : 1328 Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. C. The City has determined that reclaimed water shall be available in the near future; therefore, the Landowner and/or Developer shall install piping for future reclaimed water service. Until reclaimed water is available to the site, the Landowner and/or Developer may use the piping for irrigation purposes. D. Landowner and/or Developer agrees to provide on and off-site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All utility services will be underground. F. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, and signalization) are the Landowner and/or Developer's responsibility and some may be required prior to any building permit issue and shall meet all City, County and/or State requirements and approval. G. Impact fees for each phase or building site will be paid in accordance with the following schedule: Water — Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1)year. Sewer — Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Police, Fire, Recreation—Paid to City by applicant at the time of Building Permit application. 14 Instrument# 2013-110371 # 22 Book : 6867 Page : 1329 Roads— Paid to City by applicant at the time of Building Permit Application. Landowner and/or Developer shall pay Transportation Proportionate Fair share amount pursuant to state law with appropriate consideration for transportation improvements contemplated by the Landowner and/or Developer, City and/or any other applicable agency. Volusia County Impact Fees for Roads and Schools — Paid at City Hall by applicant prior to a Building Certificate of Occupancy,with credits as appropriate. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. H. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state and local standards. I. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Landowner and/or Developer shall provide a transportation study to model the distribution of new trips on the area roadway network. City approval of modeling methodology and study boundary shall be required prior to initiating traffic study. J. Landowner and/or Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure improvements and the review and approval of the final plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or Developer and City Manager. K. The Landowner and/or Developer, at the time of development shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 15 Instrument# 2013-110371 # 23 Book : 6867 Page : 1330 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed water. 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. 6. Landowner and/or Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 7. Bonds — A Performance Bond or other acceptable financial instrument, such as a Letter of Credit may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the city prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. 8. The mandatory POA/CDD will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption. The maintenance of the stormwater areas within the common area tracts as depicted on the plat. The POA/CDD documents, including applicable 16 Instrnt# 2013-110371 # 24 Book : 6867 Page : 1331 Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval. The Landowner and/or Developer shall dedicate to the City of Edgewater, at no cost to the City, a five (5) acre Public/Semi-Public site at the time of the first final plat approval of the commercial portion of the Development, in a mutually acceptable location. This condition will expire by the issuance of the 600th C.O. if not exercised by the City. L. Recreational Facilities/Open Space Active and passive recreation areas and facilities will include a community clubhouse, active family pool area, adult pool area, village tot-lots, play fields and community lots and are encouraged to be adjacent to major water bodies to provide access to these areas. Multi-family areas shall provide ample recreation facilities for its residents, with each residential area to be within .5 miles of a recreation facility. The Landowner and/or Developer shall provide a trail network and village tot-lots at each phase of residential development (25,235± lineal feet throughout the community). The network of paved walk-ways or natural trails will provide access to all community facilities, neighborhood villages,the community's commercial area and the preserved conservation areas. The Landowner and/or Developer shall provide (25%) community open space, (which may include areas designated as conservation on the concept plan), dedicated for Community Recreational Facilities, which shall include the following uses: Active Recreation Facilities, Passive Recreation,Village Tot-Lots and PedestrianTrail Network. 6. CONSISTENCY OF DEVELOPMENT 17 Instrument# 2013-110371 # 25 Book : 6867 Page : 1332 The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and LDC and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC USE The Landowner and/or Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all utility easements as required. The Landowner and/or Developer have designated 96.64±acres as open space active and passive recreation, to be maintained by the POA/CDD. Internal right-of-ways, such as trails and public walkways, associated with recreational areas are to be maintained and dedicated to a POA or CDD. 8. PERMITS REQUIRED The Landowner and/or Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater —Subdivision Plat approval, Subdivision Construction Plan approval, Final Site Plan approval, all applicable clearing, removal, construction and building permits. 3. 100-year flood elevation for this site will be determined and approved by the City and FEMA; minimum finished floor elevation shall be one (1) foot above the flood plain elevation. 9. DEVELOPMENT REQUIREMENTS 18 Instrument# 2013-110371 # 26 Book : 6867 Page _ 1333 Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Landowner and/or Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided for in this Agreement. Landowner and/or Developer shall establish a mandatory Property Owner's Association and/or Community Development District for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The POA/HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval. The mandatory HOA/CDD will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas within the common area tracts as depicted on the plat. The HOA/CDD documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval. Sidewalks shall be constructed on both sides of the streets/roadways along thoroughfares, and sidewalks along such thoroughfares shall have a minimum width of six (6) feet and shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. All other sidewalks shall have a minimum of four (4) feet. Developer shall provide a bond or surety in a form acceptable to the City in the amount as established in the City's adopted Bicycle/Pedestrian 19 Instrument# 2013-110371 # 27 Book : 6867 Page _ 1334 Facility Master Plan, as may be amended from time to time, per lineal foot for two (2) years for each phase of development after the sidewalks are deemed complete by the City. If sidewalks are not completed within ten (10) years of issuance of the Certificate of Occupancy for the first structure for each phase, the developer shall install the remaining sidewalks in the said phase. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Landowner and/or Developer shall comply with such conditions,terms, restrictions or other requirements determined to be necessary by the City for the public health, safety or welfare of its citizens. 11. APPEAL If the Landowner and/or Developer is aggrieved by any City official interpreting the terms of this Agreement, the Landowner and/or Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with,or contrary to,this Agreement. 13. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Landowner and/or Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become 20 Instrument# 2013-110371 1 28 Book : 6867 Rage : 1335 the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by theLandowner and/or Developer. 15. PERFORMANCE REVIEW If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 21 Instrument# 2013-110371 # 29 Book : 6867 Page _ 1336 19. FURTHER DOCUMENTATION The parties agree that at anytime following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Landowner and/or Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance only after providing notice to the Landowner and/or Developer of issues, which give to an action for specific performance, and the Land Owner does not cure the defect within 30 days of receipt of the notice. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS 22 Instrument# 2013-110371 # 30 Book : 6867 Page : 1337 Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY C•UNCIL • T'.E CI OF ,1 GE4 R,' LO �f A •y, Bonnie Wenzel Micha 1 L. Thomas City Clerk Mayor" Robin L. Matusick Paralegal SWALLOWTAIL LI.C, a Delaware Corporation Witnessed by: ,a4.✓ By: 23 Instrument# 2013-110371 # 31 Book : 6867 Page : 1338 STATE OF It I uL624 S COUNTY OF CNA:- The foregoing instrument was acknowledged before me on this day of 2013, by Q1'U& 1 , and me or has produced as identification and who did (did not) take an oath. potary Public ,3 Stamp/Se NA M.IMARTtNEZ NOTARY PUBLIC,STATE OF ILLINOIS My Commission Expires-9/11/2013 24 Instrument# 2013-110371 # 32 Book _ 6867 Page : 1 339 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST,LYING WESTERLY OF INTERSTATE NO. 9, VOLUSIA COUNTY, FLORIDA LESS: A) WELL SITE 1 &2 AS RECORDED N OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89°44'51" WEST, ALONG THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89°45'10" WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 TO A 5/8" IRON ROD & CAP "#2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE POINT OF BEGINNING; THENCE SOUTH 01°28'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89°45'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89°31'10 EAST,ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79002-2406; THENCE NORTH 22°11'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 4163.18 FEET; THENCE NORTH 31°55'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1420.42 FEET; THENCE NORTH 62°03'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76°02'44" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 269.91 FEET; THENCE SOUTH 89°41'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 749.02 FEET; 25 Instrument# 2013-110371 # 33 Book : 6867 Page : 1340 THENCE NORTH 00°18'08" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7; THENCE NORTH 89°44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO THE NORTHEAST CORNER WELL SITE NO. 1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 1 THE FOLLOWING COURSES: THENCE SOUTH 00°15'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89°44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 1; THENCE NORTH 89°44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 2 THE FOLLOWING COURSES; THENCE SOUTH 00°15'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89°44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 2; THENCE NORTH 89°44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 3 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 3 THE FOLLOWING COURSES; THENCE SOUTH 00°15'09"WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 89°44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 3; THENCE NORTH 89°44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 18.16 FEET TO A 4" x 4" CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89°45'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE NO. 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 4 THE FOLLOWING COURSES; THENCE SOUTH 00°14'50"WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89°45'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°14'50" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 4; THENCE NORTH 89°45'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7,A DISTANCE OF 2525.30 TO THE POINT OF BEGINNING. Containing 877.50±acres more or less and being in Volusia County, Florida. 26 Instrtment1 2013-110371 1 34 Book : 6867 Page : 1341 EXHIBIT "B" CONCEPT PLAN 27 ,::::. . . 1 T � ‘. . ,!,,., ., __, I- 2 O -v: m 3 x T� N 0 _< c � > —I 0 0 a -40) 8 4rn1. CAD Cn / v,x ' --4 m> i c7mw , mi.`O r'\ .> 1/4N\ I P- XJ it 1." \ m ' ir acs\+4. D o (---)C) 1 Z , C N M o 3 \\: m om \ O D _ rnoc 11 —I Z I\ r— � -i m%4 O z �X� :Z O C m\ m o Nm Ao m D D D 1,, ,ip, \ , 0,, ‘HINI T1 ‘ 1 1:'''.\\' '‘,\* . IN' r),' M m 11111110", 73 n c-1 1..„,:.1,010.-1!!!::::N. "Ai -'irigl%) xi xr c, o Z :� _ D ill r ' \soSS ....... , ‘ in I i IHiti1, 111.11111:1:S .,:.1:iw m D 41 7"�■ 1Uj;Ll:, r rn .\\\ '/1,\S,.. k4' ,.. ....- ,. g i V ......-- -- 41 -■addig111111111 R; 111111PP°- /PI 11 MI 1 ---r' Q) 0r 1 CDr .4 CO 2.i CO p W Instrument# 2013-110371 # 37 Book _ 6867 Page : 1344 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT "C" TREES Common Name Botanical Name Inches (DBH) Elm Ulmus spp. 12 plus Hickory Carya spp. 12 plus Loblolly Bay Gordonialasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Perseaborbonia 12 plus Red Cedar Juniperussilicicola 12 plus Swamp Bay _ Perseapalustris 12 plus Sweet Bay Magnolia virginiana 12 plus Sweet Gum Liquidambar styraciflua 12 plus Sycamore Platanusoccidentalis 12 plus Turkey Oak Quercuslaevis 12 plus Cypress Taxodium spp. 12 plus Sugarberry/Hackberry CeltisLaevigata 12 plus Slash Pine Pinuselliottii 18 plus Longleaf Pine PinusPalustris 18 plus 28 • CITY OF EDG Cav EWATER of RECEIVED VDGEWATEI JUl 2: 2013 CITY CLERK INTER-OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: Bonnie Wenzel City Clerk FROM: Robin L. Matusi Paralegal C.A. NO.: 2013-094 DATE: June 21, 2013 SUBJECT: Original/Recorded Documents Attached for your information/files, please find the following original/recorded documents for your records: ORDINANCE & ZONING AGREMENT— 1) Ordinance #2013-0-04 - Deering Park Center Please forward copies to appropriate departments. Thanks!!!