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2017-O-03 - Boston Whaler Annexation6/27/2017 1:27:38 PM !!1s , t€:le; el=; 2017126-- €6 45 pages Book: 7416 Page: 1830 Electronically Recorded By Volusia County Clerk of the Court ORDINANCE NO. 2017-0-03 AN ORDINANCE ANNEXING 48.5± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 100 WHALER WAY, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY AND TERMS OF THE ANNEXATION AGREEMENT; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PRO`71DING 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: Parker Mynchenberg, P.E., applicant for Boston Whaler, Inc., has applied for annexation of property located at 100 Whaler Way, within Volusia County, Florida. Subject property contains approximately 48.5± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on February 22, 2017, the Board recommended approval that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Boston Whaler Annexation Agreement 2017-0-03 Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality and to the terms of that certain :Annexation Agreement which is attached hereto and incorporated herein as Exhibit "C". 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater. Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption. copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court. the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department. and the Department of State. PART B. 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 C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional. Boston Whaler Annexation Agreement 2017-0-03 2 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 D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilman Conroy, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on March 6, 2017, was as follows: AYE NAY Mayor Mike Ianasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X Boston Whater Annexation Agreement 2017-0-03 3 After Motion to CONTINUE by Councilwoman Power with Second by Councilman Blazi until date and time certain on June 5, 2017 at 6:00 pm in Council Chambers. the vote to continue this ordinance held on May 1, 2017 was as follows: AYE NAY Mayor %,like Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt x Councilman Dan Blazi x Councilman Gary T. Conroy X After Motion to approve by � ���. - Second bv.6�2_ LrE:�Q,# LZe xjc-c / -Q the vote on the second readinc%public hearing of this ordinance held on ' , S , 2017 was as follows: Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Struck through passages are deleted Underlined passages are added ?017-0-03 4 AYE NAY PASSED AND DLTL.Y ADOPTED this day of �x .i,� 2017. ATTEST: Robin Matusick City Clerk/Paralegal For the use and reliance only by the City of Edgewater. Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Struck through passages are deleted Underlined passages are added ?017-0-03 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Mike Ignasiak Mayor Approved by the City Council of the Cit of Edgewater at a meeting held on this day Of , 2017 under Agenda Item No. 8C�_. EXHIBIT "Al LEGAL DESCRIPTION RIVERFRONT ESTATES REPLAT DESCRIPTION: ALL OF RIVERFRONT ESTATES REPLAT OF LOTS 1 AND 2 OF RIVERFRONT ESTATES, AS RECORDED IN MAP BOOK 19, PAGE 181, PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA, TOGETHER WITH ALL THE LANDS LYING EAST THEREOF TO INDIAN RIVER NORTH; ALSO DESCRIBED AS LOTS 1 AND 2, RIVERFRONT ESTATES, AS PER PLAT RECORDED IN MAP BOOK 19, PAGE 18, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, TOGETHER WITH ALL LANDS LYING EAST THEREOF TO INDIAN RIVER NORTH. AND LOTS 3 AND 4, RIVERFRONT ESTATES, ACCORDING TO MAP 1N MAP BOOK 19, PAGE 18, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THAT PART OF LOT 22, AND LOT 4 OF ASSESSORS SUBDIVISION OF THE C.E. McHARDY GRANT (MAP BOOK 3, PAGE 152) WHICH LIES EAST OF LOT 3 AND 4 OF RIVERFRONT ESTATES AND BETWEEN THE NORTHERLY LINE OF LOT 3 AND THE SOUTHERLY LINE OF LOT 4 PROLONGED TO THE INTER COASTAL WATERWAY. Containing 48.5± acres more or less and being in Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2017-0-03 6 EXHIBIT "B" tri s� 00 R soc" St C �v I to O 0 1 O 1 i 7y �� P Ey M1v GI's c,enowCEWTE+ — vm s f Cyt r Boston Whaler Annexation Agreement ,017-0-03 7 THIS INSTRUMENT PREPARED BY: Sidney F. Ansbacher, P.A. Upchurch, Bailey & Upchurch 780 N. Ponce De Leon Blvd. PO Box 3007 St. Augustine, FL 32085 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEW A TER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only EXHIBIT "C" BOSTON WHALER ANNEXATION AGREEMENT Ph This agreement ("Agreement") is made and entered into this ,r-3 day ofL1t . , , 2017; by and among the CITY OF EDGEWATER, FLORIDA, a Municipal corporation, located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"), and BOSTON WHALER, INC. a Foreign Profit Corporation, whose address is Brunswick Corporation, 1 North Field Court, Lake Forest, Illinois 60045-4811 (herein after referred to as "Owner") (the City and Owner are sometimes individually referred to as "Party," or collectively referred to as the "Parties"). WHEREAS, the Owner owns fee title to certain properties more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the property described in Exhibit "A" is referred to herein as the "Property"; and and WHEREAS, the Owner with sole decision making authority for the Ownership Entities, WHEREAS, the Owner represents to the City that the Owner has authority to enter into this Agreement; and Boston Whaler Annexation Agreement 2017-0-03 8 WHEREAS, the Owner is considering the purchase of adjacent property to be used as an accessory use for the expansion of their existing facility; and WHEREAS, the City has encouraged the Owner to annex the Property into the City; and WHEREAS, the City acknowledges the continuing permanent benefit which the City will receive by virtue of annexing the Property and acquiring the right to provide municipal services to the Property; and WHEREAS, the City recognizes the economic benefit of the annexation as a public purpose pursuant to s. 166.021(8)(b) and (c), Fla. Stat., and WHEREAS, the City has determined that the existing development and proposed expansion for this Property will be of substantial benefit to the City and its citizens, and the City has determined that it is feasible to provide and extend to the Property municipal services such as police protection, fire protection as well as sanitary sewage collection and treatment, potable water and storm drainage maintenance in accordance with the provisions of this Agreement and the City Code: and WHEREAS, the Owner petitioned for annexation of the Property in reliance on and in consideration of, the offer of such municipal services by the City and the City's commitments regarding the existing and contemplated additional development of the Property; and WHEREAS, the Owner's willingness to annex the Property into the City is dependent upon the City's commitments regarding the existing and contemplated additional development of the Property and the provision of municipal services, as set forth in this Agreement; and WHEREAS, the terms and conditions set forth in this Agreement are consistent with and further the goals, objectives and policies of the City's Comprehensive Plan and are consistent with the City's Land Development Regulations, specifically including but not limited to, those Boston Whaler Annexation Agreement 2017-0-03 9 regulations that promote flexibility by eventually considering amending such zoning to include the City's Mixed Use Planned Unit Development (MUPUD) Zoning District; and WHEREAS, section 171.062(2), Fla. Stat., provides that Volusia County's land use plan land development regulations continue in full force and effect after the annexation and until the City amends its comprehensive plan to include the Property; and WHEREAS, the City is concurrently processing an Amendment to the Comprehensive Plan Future Land Use Map to designate the Property as Industrial; and WHEREAS, the Parties hereto desire to enter into this Agreement to facilitate additional development of the Property in a manner that is mutually agreeable and is set forth certain terms and conditions affecting the future additional development of the Property that are material inducements to the Owner to annex the Property into the City; and WHEREAS, the Parties hereto acknowledge and warrant to each other that this Agreement, including and future acts as required hereby, is binding and enforceable on the City and the Owner in accordance with the Agreement terms. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, each to the other provided, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS AND EXHIBITS The above Recitals are true and correct, are incorporated herein by reference and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. Boston Whaler Annexation Agreement 2017-0-03 10 2. PERMITTED USES The City acknowledges that the Property is currently located in the unincorporated Volusia County and is presently zoned as Industrial and operating as an industrial manufacturing facility. As such, the Property is ideally situated to allow for additional expansion by adjoining the adjacent property and allowing for additional development opportunities. The adjoining of such properties will allow for application to amend zoning to a Mixed Use Planned Unit Development to include a variety of Industrial, Mixed Use, Commercial and Recreational facilities. The City recognizes the importance of supporting such manufacturing operations and further promises not to consider any amendment to zoning of this property to a zoning category that would prohibit such manufacturing activity that is a lesser intensity as is provided prior to such annexation. The City further acknowledges that such manufacturing may occasionally create noise, odor, dust and light that may occasionally generate complaints from neighboring properties and as such the City shall not amend the codes to reduce such noise, odor, dust and light as was permitted prior to the annexation of this industrial property and permitted by FDEP. The City finds that the proposed MUPUD zoning to include Industrial, Mixed Use Commercial and Recreational facilities are generally consistent with its vision for this area, and to that end, the City will amend the City's Comprehensive Plan Future Land Use Map to designate the Property as Industrial. The City further acknowledges that it will duly consider an application for MUPUD zoning to include this Property and if combined with the property immediately bordered to the north of this property, to permit the following uses: a) Heavy Industrial b) Light Manufacturing Industrial c) Manufacturing d) Commercial /Retail Uses Boston Whaler Annexation Agreement 2017-0-03 11 e) Recreational Uses f) Outdoor Storage g) Boat Manufacturing and Storage h) Stormwater Retention and Detention Facilities i) Open Space j) Boat Ramps and Boat Docks k) Municipal Park 1) Conservation and Tree Preservation m) Stormwater Management Facilities Any future development within the Property shall be developed in compliance with all applicable City ordinances, resolutions, and regulations and with any applicable federal or state laws, rules or regulations in effect at the time of application for such development, unless otherwise provided herein. 3. FEE WAIVERS As an incentive to the Owner to annex the Property, the City agrees to waive all application and review fees for the City's Comprehensive Plan Future Land Use Map amendment and the MUPUD zoning process. 4. SIGNAGE The City recognizes that any signage located on the Property shall be deemed compliant and any future expansion or replacement of such signs shall be in accordance with the requirements set forth in the City's Land Development Code. Boston Whaler Annexation Agreement 2017-0-03 12 5. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR MATTERS To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance as of the date of final execution of this Agreement, this Annexation Agreement shall control. The failure of this Agreement to address a particular permit, condition, term or restriction concerning the Property, however, shall not forgive the necessity of complying with the law governing said permitting requirements, condition terms or restrictions. 6. APPEAL If the Owner is aggrieved by any City official interpreting the terms of this Agreement, the aggrieved party shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision. If the Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal shall be initiated within fifteen (15) days of the adverse decision by filing of a written request with the City Manager for placement of the issue on the City Council agenda. The appeals before either the City Manager or the City Council shall be de novo. 7. EFFECTIVE DATE, AGREEMENT RUNS WITH THE LAND In consideration of the mutual promises set forth in this Agreement, the parties acknowledge and agree that this Agreement is binding on both Parties after final execution of this Agreement by both Parties, and is thereafter irrevocable. Further, this Agreement and all other rights and obligations of the Parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of the Parties hereunder and their respective successors in title after recording pursuant to paragraph 13 of this Agreement. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF Boston Whaler Annexation Agreement 2017-0-03 13 THIS AGREEMENT. The Property shall be deemed a single parcel and any sub parcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. 8. RECORDING Upon execution by all parties, the City shall record the Agreement with the Volusia County Clerk of Court. The cost of recording shall be paid by the City. 9. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 10. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 11. AMENDMENT This Agreement constitutes the entire agreement between the Parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the Parties only in writing by formal amendment which shall be reviewed and approved by the City Council without prior review by the City's Planning and Zoning Board. Any amendment shall be recorded upon its execution with the Volusia County Clerk of Court. The cost of recording shall be paid by the Party initially requesting the amendment. 12. FURTHER DOCUMENTATION The Parties agree that at any time following a request therefore by the other Party, each shall execute and deliver to the other Party such further documents and instruments, in form and Boston Whaler Annexation Agreement 2017-0-03 14 substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 13. SPECIFIC PERFORMANCE Either the City or the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 14. ATTORNEYS' FEES In the event any Party finds it necessary to commence an action against any other Party or Parties to enforce any provision of this Agreement or because of a breach by the another Party or Parties of any term hereof, the prevailing Party shall be entitled to recover from the non - prevailing Party or Parties the prevailing Party's reasonable attorney's fees. Attorney's fees, legal assistant's fees and costs incurred in connection therewith, at administrative, trial and appellate levels, including bankruptcy proceedings, shall be recoverable as well under this paragraph, regardless of whether or not legal, equitable or administrative action is filed, or whether or not final order or judgment is entered. 15. 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. 16. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Boston Whaler Annexation Agreement 2017-0-03 15 17. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of 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. Approval of the City Council to enter into this Agreement occurred on the 3 day of' +?z) '2017. ATTEST: BY: Robin L. Matusick City Clerk/Paralegal "CITY" CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Michael Ignasia Mayor (Signature Blocks Continue on Following Page) Boston Whaler Annexation Agreement 2017-0-03 16 "OWNER" BOSTON WHALER, INC. a Foreign Profit Corporation Printed Name: Its: STATEOF COUNTY OF tA5 0, The foregoing instrument was acknowledged before me this Z (-P day of Vt nP " , 2017, by - \C, --4i C_- 1 ?--c as h s le,,+ of Boston Whaler, Inc., who is personally known to me and who executed the foregoing. Boston Whaler Annexation Agreement 2017-0-03 17 cl&cnn - ( Printed name Notary Public, State of Florida My commission expired: P,; r � L Z ZD Z LISA MARIE WARREN E otaryPublic-StateofFlorida Commission d GG 085790 y Comm. Expires Apr 2,2021 nded through NationalNoraryAssn. Boston Whaler Annexation Agreement 2017-0-03 17 cl&cnn - ( Printed name Notary Public, State of Florida My commission expired: P,; r � L Z ZD Z EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. RIVERFRONT ESTATES REPLAT DESCRIPTION: ALL OF RIVERFRONT ESTATES REPLAT OF LOTS 1 AND 2 OF RIVERFRONT ESTATES, AS RECORDED IN MAP BOOK 19, PAGE 181, PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA, TOGETHER WITH ALL THE LANDS LYING EAST THEREOF TO INDIAN RIVER NORTH; ALSO DESCRIBED AS LOTS 1 AND 2, RIVERFRONT ESTATES, AS PER PLAT RECORDED IN MAP BOOK 19, PAGE 18, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, TOGETHER WITH ALL LANDS LYING EAST THEREOF TO INDIAN RIVER NORTH. LOTS 3 AND 4, RIVERFRONT ESTATES, ACCORDING TO MAP IN MAP BOOK 19, PAGE 18, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THAT PART OF LOT 22, AND LOT 4 OF ASSESSORS SUBDIVISION OF THE C.E. McHARDY GRANT (MAP BOOK 3, PAGE 152) WHICH LIES EAST OF LOT 3 AND 4 OF RIVERFRONT ESTATES AND BETWEEN THE NORTHERLY LINE OF LOT 3 AND THE SOUTHERLY LINE OF LOT 4 PROLONGED TO THE INTER COASTAL WATERWAY. Containing 48.5± acres more or less and being in Volusia County, Florida. Boston Whaler Annexation Agreement 2017-0-03 18 e 3 — ■ ■ ■ _ -n kcj o 4 — - Cr, \ -9. => .3 07 n § m _. CD wSn \2 § o CO { ,,,,,‘u � 3:-.) e...‘ k � E ik � m E m \ Z b • & � 9 R — ® ' ® ©' ƒ $E § � / 2 7 �/ Q - 7 p@ m _ . oCDft o k53Eto § / ƒ } 2 ' � �� E } } } § .. f I_f A§ / ) & co 7 p = 0§ § w 2 2 oI o { / 77 E. § a a % I ( ` . ®. 0 0000000 e.— a.E° _\ P k n ) , •, a0.822j;ƒ <J = @ \ '@£ § ;� m£ 9 a –$E/oE£&2/ §e 1 ! <<- a,0, 9J ` _ $IF! , {CL, . lk� } jb F� /' ® m \ Q / \\ -{ \ / o a3 • ) =0000\2 E# % . R ;,#»!<f( * 3 � p ) O. !A� �kk$ o 2 � . �� � � ££\ o o 7 O O` , ) /_} }i) 0 6[f & » F. » } _ Si Q o co a _ N rc a� o X :a a, Z 0 (? gtA`- h y d C N L p(n 61 - C + _ Q _ N _ . ., ., ,...� = C .. ,. (6 .....m..,.. .. vi = . .. .. .,.. .. 0 ..m.. ... ...., _ 17 mim. • N - C r1911 E (� M J m Cs 3 C L- to C x e2 W ry o I> O = O C...)- = z7 mmummon•-DJ simmillmos—,„0 Q RS A*. e' 0 J Q D o IMMINImai .=- 14 Ste_" A. a = Q- N i �� p tu IIMIIIIII• IT' < C �� ul Q C .••• •'-. E' F- N (.1) U) 0 • W F- Z D