2017-O-05 - Boston Whaler PUD6/30/2017 2:31:54 PM
Instrument# 2017130220 33 pages
Book: 7418 Page: 2211
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2017-0-05
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY I -3W (WATERFRONT
INDUSTRIAL) AND CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) TO CITY MUPUD
(MIXED USE PLANNED UNIT DEVELOPMENT) FOR
110.7E ACRES OF CERTAIN REAL PROPERTY LOCATED
AT 100 WHALER WAY AND 4115 S. RIDGEWOOD
AVENUE, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Parker Mynchenberg, is the applicant on behalf of Boston Whaler Inc., owner of
property located at 100 Whaler Way and Transcapital Bank, owners of property located at
4115 S. Ridgewood Avenue, within Volusia County, Florida. Subject property contains
approximately 110.7± acres.
2. The applicant has submitted an application for a change in zoning classification
from County 1-3W (Waterfront Industrial) and City RPUD (Residential Planned Unit
Development) to City MUPUD (Mixed -Use Planned Unit Development) for the property
described herein.
3. On February 22, 2017, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
Boston Whaler MUPUD Agreement
2017-0-05
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification for the following described property is hereby changed from County I -
3W (Waterfront Industrial) and City RPUD (Residential Planned Unit Development) to City MUPUD
(Mixed -Use Planned Unit Development), pursuant to the associated Planned Unit Development (PUD)
Agreement (attached and hereto incorporated as Exhibit "B") for the property described in Exhibit "A".
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.
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2017-0-05 2
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 Councilwoman Power, with Second by Councilman Conroy,
the vote on the first reading of this ordinance held on March 6, 2017, was as follows:
AYE
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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NAY
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:
After Motion to approve by--��Y.`v"7C.. >(!„r x�3�� l?r r- with
Second by''1 -tr--) the vote on the second
reading/public hearing of this ordinance held on June 5, 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi �v
Councilman Gary T. Conroy
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AYE NAY
Mayor Mike Ignasiak
X
Councilwoman Christine Power
X
Councilwoman Amy Vogt
X
Councilman Dan Blazi
X
Councilman Gary T. Conroy
X
After Motion to approve by--��Y.`v"7C.. >(!„r x�3�� l?r r- with
Second by''1 -tr--) the vote on the second
reading/public hearing of this ordinance held on June 5, 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi �v
Councilman Gary T. Conroy
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PASSED AND DULY ADOPTED this 5th day of June, 2017.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Robin Matusick Mike IgnasiakU
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
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Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
June, 2017 under Agenda Item No. 8-<,--, .
5
EXHIBIT "A"
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 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.
AND
THAT PART OF THE SOUTH 924 FEET AS MEASURED ON THE EAST RIGHT OF
WAY LINE OF U.S. NO. 1 HIGHWAY OF LOTS 1, 4 AND 22, ASSESSORS
SUBDIVISION OF THE C.E. McHARDY GRANT AS RECORDED IN MAP BOOK 3,
PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND
LYING NORTH OF THE RIVERFRONT ESTATES SUBDIVISION AS RECORDED IN
MAP BOOK 19, PAGE 18 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA AND THAT PART OF SECTIONS 13 AND 24, TOWNSHIP 18 SOUTH,
RANGE 34 EAST OF U.S. NO. 1 HIGHWAY AND BETWEEN THE WESTERLY
PROJECTION OF THE NORTH AND SOUTH LINES OF THE ABOVE DESCRIBED
PROPERTY.
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AND
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.
:►p
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 PROLINGED TO THE INTER COASTAL
WATERWAY.
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EXHIBIT "B"
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
MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT
BOSTON WHALER, INC.
THIS AGREEMENT ("Agreement") is made and entered into this day of
00r'%_0 , 2017 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, 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 "Landowner and/or
Developer") (the City and the Landowner and/or Developer shall sometimes be individually
referred to as a "Party," and collectively as "Parties"). The purpose of this Agreement is to
define the terms and conditions granting the development approval of the subject Property, as
defined in paragraph 1 of this Agreement.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Parties agree as follows:
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C : `t; (10. C.P_ OL4 �6 CO 61,7 l I %
I
1. LEGAL DESCRIPTION AND LANDOWNER AND/OR DEVELOPER
The land subject to this Agreement is approximately 110.7+/- acres east of U.S. Highway 1
in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto
as Exhibit "A" — Legal Description (the "Property"). The record Landowner and/or Developer
of the subject Property is Boston Whaler, Inc.
2. DURATION OF AGREEMENT AND ADAPTIVE MANAGEMENT PLAN
The duration of this Agreement shall be thirty (30) years after the date of recording
pursuant to paragraph 13 and run with title to the land as set forth in paragraphs 12 and 13. The
Agreement may be extended by mutual consent of the City and the Landowner and/or Developer,
subject to any required public hearing(s). Development must be consistent with the Conceptual
Master Plan, unless mutually amended, as attached as Exhibit "B" — Conceptual Master Plan
(the "Conceptual Master Plan"). Development of each Lot must also incorporate a site plan and
may incorporate a Preliminary/Final Plat which must be approved by the City prior to
commencement of any authorized work.
Commencement of construction means to begin performing any of the following: 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.
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This Mixed -Use Planned Unit Development (MUPUD) is planned to ensure the best use of
land and to adjust the development of the Property to the respective economic, planning and
development needs of the Parties. The MUPUD 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.
The City acknowledges that this project may be developed in phases. 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. A subdivision plat will be provided for the Property to subdivide the
Property dedicating a 60 -foot -wide public right-of-way with a 130 -foot diameter dedicated cul-
de-sac to the City of Edgewater. The Final Plat shall be recorded upon completion of the Phase 1
improvements and City acceptance of the Phase 1 public improvements and the developer
posting of a one (1) year, ten percent (10%) Maintenance Bond.
3. PERMITTED USES
The City acknowledges that the Property includes an existing industrial land -use as
well as compatible opportunities for various other supporting commercial and
recreation land uses. The City finds that the proposed uses listed in this Section are
generally consistent with its vision for this area. This MUPUD zoning incorporates the
following as permitted uses:
A. Heavy Industrial
B. Light Manufacturing Industrial
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C. Manufacturing
D. Commercial /Retail Uses
E. Recreational Uses
F. Outdoor Storage
G. Boat Manufacturing and Storage
H. Stormwater Retention and Detention Facilities
I. Open Space
7. Boat Ramps and Boat Docks
K. Municipal Park
L. 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 future development, unless
otherwise provided herein.
4. LOT DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City's current Land Development Code (LDC) as of the Effective Date of this
Agreement. Based on Final Plat and Final Site Plan approval it is contemplated that the Property
will be subdivided to four (4) lots (individually, "Lot"; collectively or plural, "Lots") is
indicated. The Property may be further subdivided and the total number of lots may vary but the
maximum number of lots shall not exceed eight (8).
The 110.7± acre property will be subdivided into four (4) lots.
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Lot 1 — Industrial 70.264± Acres
Lot 2 — Mixed Use Commercial 4.209± Acres
Lot 3 — Mixed Use Commercial 3.601± Acres
Lot 4 — Park/Recreational 27.436± Acres (Conservation Area 9.314± Acres)
Minimum Lot Size 1.0 Acre Minimum Width 100 Feet
The Landowner and/or Developer further agree(s) that all Property development will be consistent
with the attached Conceptual Master Plan. 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.
MIXED USE COMMERCIAL
Minimum Lot Size and Setbacks:
U.S. 1 — 40'
Rear — 10'
Side — 15'
Side Corner — 25' Between Buildings — 15'
Maximum Building Height — 60' Utility Easements — 10' front, 10' sides
Maximum impervious coverage 80%
Parking: All commercial uses shall meet the requirements of the City's LDC, a minimum of half
the required parking shall be to the rear or side of the buildings.
Building separations will comply with the current Florida Building Code and City Fire Code.
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INDUSTRIAL
Minimum Yard Size and Setbacks:
U.S. 1 — 40'
Rear — 10'
Side —15'
Side Corner — 25' Water Front — 0'
Maximum Building Height — 80' Stack/Chimney - 150'
Utility Easements — 10' front, 10' sides
Maximum impervious coverage 80%
Building separations will comply with the current Florida Building Code and City Fire Code.
Parking: Per the City LDC requirements.
Hours of operation: 24 hours a day, 7 days a week.
PARK/RECREATION
Minimum yard Size and Setbacks: Front — 25'
Rear — 10'
Side —15'
Side Corner — 25' Between Buildings — 15'
Maximum Building Height — 60' Utility Easements — 10' front, 10' sides
Maximum impervious coverage 80%
Parking: All recreational uses shall meet the requirements of the City's LDC.
Building separations will comply with the current Florida Building Code and City Fire Code.
OVERALL SITE DEVELOPMENT STANDARDS
A. Utilities
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The Landowner and/or Developer hereby agree(s) to extend, at its sole cost and expense,
water and sewer lines to the boundary of the Property in a time frame to be reasonably agreed
upon with the City. In addition, the City shall pay all costs associated with oversizing any water
lines, sewer lines or related facilities to the extent that the City requires the Landowner and/or
Developer to oversize for the purpose of serving developments outside the boundaries of the
Property. Payment by the City of the oversizing costs shall be made concurrent with the
installation of each respective on-site water line, sewer line or related facility that is being
required to be oversized. The City has determined that reclaimed water may be available in the
foreseeable future. Therefore, the Landowner and/or Developer shall install reclaimed water
mains at the time that the proposed roads are being constructed for each benefitted Lot is
developed. If permitted by the St. Johns River Water Management District, an irrigation well
may be only used for irrigation purposes until such time that reclaimed water is available. The
Landowner and/or Developer agree(s) to provide, without cost to the City, all reasonably
required utility easements at mutually acceptable locations and the Landowner and/or
Developer agree(s) to consult with the City regarding the reasonable width of such utility
easements, based on industry standard for the use of and access to the specific utility. The
Landowner and/or Developer agree(s) to require any buyers of the Property or portions thereof
to take title subject to such utility easements.
B. Road Improvements
The City acknowledges and agrees that a future traffic study submitted by the
Landowner and/or Developer may adequately demonstrate that development of the Property will
not adversely affect the adopted levels of service on the roads and intersections incorporated
with the Property. The City hereby waives any further concurrency review and will not require
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offsite road improvements as a condition of developing the Property as long as the PM peak
hour trips do not exceed those identified within the future traffic study. The need for
acceleration lanes and/or deceleration lanes at entrances to the Property will be evaluated by the
City and FDOT (Florida Department of Transportation) at the time of commencement of
development of Lots other than Lot 1 within the Property. If required for safe ingress and
egress to the Property, acceleration and/or deceleration lanes shall be provided by the
Landowner and/or Developer without cost to the City. The City shall not require any other offsite
traffic improvements.
Northern Access —U.S. 1 entrance road shall be a minimum width of sixty (60) -foot
minimum public right-of-way and to terminate in a cul-de-sac with a minimum diameter of one
hundred and thirty (130) -feet and the New Entrance will have driveways and right-of-way
improvements to first intersection as indicated on the Conceptual Master Plan to be constructed
by Landowner and/or Developer and the U.S. 1 entrance road improvements and Road right-of-
way shall be dedicated to and maintained by the City.
The Property has approximately 1,775 lineal feet of frontage on U.S. Highway 1. The
Parties agrees that the amount of frontage on U.S. Highway 1 is sufficient to allow two (2) full
service access points for the Property. It is anticipated that one (1) of the access points may
eventually receive warrants sufficient to allow installation of a traffic signal. If a signal is
warranted at an entrance to the Property as a result of total development of Lots 1,2,3, and 4, the
Landowner and/or Developer shall only be responsible for a pro -rata share of the costs associated
with installation of the signal. The pro -rata share calculation owed by Landowner and/or
Developer shall be based on ratio of the number of PM peak hour trips associated with direct
access into and out of the Property that are impacting the intersection to be signalized.
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C. Stormwater Management
In an effort to enhance the maximum efficiency of the stormwater infrastructure,
Landowners and/or Developer are encouraged to design and permit a joint master stormwater
facilities that would serve all lots referenced within this MUPUD agreement. The retention and or
detention pond(s) shall meet the applicable requirements for the St. Johns River Water
Management District (SJRWMD), Florida Department of Environmental Protection (FDEP), and
the City LDC. The joint master stormwater pond shall be located on Lot 4 and subsequently
dedicated to the City of Edgewater concurrently at such time Lot 4 is deeded to the City. Once
the City has received ownership of Lot 4, the City shall be responsible for all applicable
stormwater annual permitting and maintenance. Any additional required stormwater ponds
and/or associated infrastructure not located on Lot 4 and/or within the dedicated public ROWs
will be owned and maintained by the individual lot Landowner and/or Developers that such
pond brings benefit to. Landowner and/or Developer, prior to the dedication to the City and then
the City thereafter, shall provide a perpetual drainage easement over retention/detention pond in
Lot 4 for stormwater treatment and attenuation for Lots 1, 2, 3 and 4 to 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 — United States Geological Survey
NGVD29 —National Geodetic Vertical Datum of 1929 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.
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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, 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 O).
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.
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
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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 that shall not be
required, due to the project location, adjacent to the River, except to the extent required by
the SJRWMD or FDEP. Compensatory flood storage will be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development (if
compensatory flood storage is required).
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.
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D. Signage
The City recognizes that any signage located on the Property at time of this MUPUD
Agreement effective date 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.
E. Trees
Trees shall be 2 ''/a" in diameter, DBH, and shall be of a variety listed in Exhibit "C" —
Trees. Palms may be substituted for up to 50% of the tree requirement at a rate of two (2) palms
equaling one (1) tree. Each Lot shall have a historical tree survey prior to the issuance of a
subdivision plat development order. The purpose of the tree survey shall be to determine the
number of historic trees and to determine the tree mitigation requirements. A specimen tree
survey is not required. A Tree Preservation Easement and Conservation Easement will be
provided/recorded with the recording of the subdivision Final Plat as indicated on the project
Conceptual Master Plan. Such trees located within the Conservation Easement shall be credited
for all required tress for all of the MUPUD parcels. The Tree Preservation Easement and
Conservation Easements provide for the fifteen percent tree preservation requirement for the
property. No additional Tree Preservation areas are required.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic Tree Protection requirements and Area Tree Protection
requirements.
Landscaping for Commercial, Industrial, and Park Recreational uses shall comply with the
current LDC in effect as of the effective date of this Agreement.
5. FUTURE LAND USE AND ZONING DESIGNATION
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The Future Land Use designation for the property referenced in this Agreement is
Industrial and Mixed Use with Conservation Overlay and shall permit Industrial, Commercial,
Recreational and Conservation activities. The zoning designation for the property referenced in
this Agreement shall be MUPUD (Mixed -Use Planned Unit Development) as defined in the City
LDC and amended herein. The City's permitted uses of MUPUD (Mixed -Use Planned Unit
Development) are applicable to the development of the property and consistent with the
adopted Comprehensive PIan/Future Land Use Map and LDC.
6. PUBLIC FACILITIES .
A. For any development, Landowner and/or Developer agree(s) to connect to and utilize the City's
water distribution system. Landowner and/or Developer agree(s) to connect to the City's
potable water system at the nearest point of connection, which will provide adequate flow for
the referenced development as contemplated by the attached Master Conceptual Plan
(Exhibit B) and as determined by the City. All water main distribution system
improvements included in Phase 1 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 plating.
B. Landowner and/or. Developer agree(s) to connect to and utilize the City's wastewater
transmission and collection system. All wastewater collection and transmission system
improvements included in Phase 1 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 the time of platting. Private Pump Stations and Force Mains are allowed for
existing force main and proposed force main connections.
C. The City has determined that reclaimed water may be available in the near future; therefore,
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the Landowner and/or Developer shall install irrigation piping included in Phase I for
future reclaimed water service. Until reclaimed water is available to the site, the
Landowner and/or Developer may use the reclaimed water piping for irrigation purposes.
On site wells may be utilized for irrigation until reclaimed water is available on site.
D. Landowner and/or Developer agree(s) to provide on-site utility and drainage easements for
drainage and utility service consistent with this provision.
E. All utility services will be underground (except Lot 1 to the extent of existing overhead
electric).
F. Improvements for Phase 1, (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes and a (60) -foot -wide dedicated right-of-way) are
the Landowner and/or Developer 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 on a per building basis to the City by applicant
prior to the building permit being issued.
Sewer— Pay 100% of the applicable impact fees on a per building basis to the City by applicant
prior to the building permit being issued.
Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit Application.
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.
Boston Whaler MUPUD Agreement
2017-0-05 21
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 initiation traffic study.
J. Landowner and/or Developer agrees to reimburse the City for reasonable direct costs
associated with the legal review, engineering review, and construction inspection and the
review and approval of the final plat and final site plans 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.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system, including outfall system.
4. Piping for future reclaimed water.
5. All required pavement marking and signage (stop signs, road signs, etc.) within the
development. All permanent markings and signage shall comply with FDOT
standards. Enhanced special signage may be used if it meets FDOT standards and
approved by the City.
Boston Whaler MUPUD Agreement
2017-0-05 22
6. Landowner and/or Developer is responsible for costs of recording the plat upon
approval by the City.
7. Bonds — A Performance Bond or other acceptable financial instrument, such as a Letter
of Credit, shall be provided to the City to ensure performance or obligation for public
facilities, 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 Landowner and/or Developer will be responsible for the required streetlights that
result from the U.S. 1 dedicated northern entrance and the 60 -foot dedicated public
right-of-way. The City shall be responsible for the payment to Florida Power and Light
for maintenance and power consumption.
L. Recreational Facilities/Open Space
Once deeded to the City Lot 4 (27.436± acres), may include active and passive recreation areas
and facilities which may include, but not limited to, a Clubhouse, Boat Docks, Fishing Piers,
Boat Launch with Boat Parking, Restaurant, Pool Area, Tot -Lots, Play Fields and Community
lots and is adjacent to major water body and provides access to these areas. Additionally, and
notwithstanding anything in this Agreement to the contrary, that northern portion of the
Conceptual Site Plan that is shown as "Tree Preservation/Conservation Easement" on Lot 4 shall
be granted to the City and, if accepted by the SJRWMD, to the SJRWMD as a conservation
easement for tree and habitat preservation and to act as a perpetual buffer between the parcels
north of the Property and the principal development of the Property, consistent with section
704.06, Florida Statutes.
Boston Whaler MUPUD Agreement
2017-0-05 23
7. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner
defined in the Agreement after having determined it is not contrary to the City Comprehensive
Plan and LDC and is compliant with all concurrency and various other regulatory requirements
are met as set forth in said documents.
8. PERMITS REQUIRED
The Landowner and/or Developer will obtain required development permits or letters of
exemption.
Permits may include but not limited to the following:
1. Florida Department of Transportation, FDEP, Florida Department of Health, SJRWMD,
Army Corps of Engineers, Florida Fish and Wildlife Conservation Commission and Volusia
County.
2. City — 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
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.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
Boston Whaler MUPUD Agreement
2017-0-05 24
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 are aggrieved by any City official interpreting the terms of this
Agreement, the Landowner shall file a written appeal to the City Manager within fifteen (15)
days. After receiving the written appeal, the appeal will be reviewed by the City Manager and
City Attorney within fifteen (15) days of receiving the written appeal. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the next earliest 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. EFFECTIVE DATE, BINDING AFFECT
This Agreement is effective between the Parties after final execution by both
Parties. 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 and its
successors in interest and assigns and any person, firm, corporation, or entity who may become
the successor in interest to the land subject to this Agreement or any portion thereof. The
Agreement shall run with the land upon recording and shall be administered in a manner
consistent with the laws of the State of Florida.
14. RECORDING
Boston Whaler MUPUD Agreement
2017-0-05 25
Upon execution by all Parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Landowner 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 City shall provide the Landowner
and/or Developer a thirty (30) day notice and right to correct, 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 and defined by the
City Code, shall require City Council approval.
19. FURTHER DOCUMENTATION
The Parties agree that at any time following a request therefore by the other Party, each
Party shall execute and deliver to the requesting Party such further documents and
Boston Whaler MUPUD Agreement
2017-0-05 26
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 other Party of issues, which give to an action for specific performance,
and the notified Party 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 an alleged 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. COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any
Boston Whaler MUPUD Agreement
2017-0-05 27
reason held invalid or unconstitutional by any court of the 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 L5� Id, day of ut )avi 2017.
ATTEST:
BY:?9��
� �6
Robin L. Matusick
City Clerk/Paralegal
"CITY"
CITY COUNCIL OF THE
CITY 7,V,DGEWATER, ORIDA
BY:,�� rvq
Michael Ignasiak
Mayor
(Signature Blocks Continue on Following Page)
Boston Whaler MUPUD Agreement
2017-0-05 28
"OWNER"
BOSTON WHALER, INC.
a Foreign Profit Corporation
BY: Z--/4/046�
Nick Stickler, President
STATE OF�8 Ct,
COUNTY OF V 0 ISS l
The foregoing instrument was acknowledged before me this day of
2017, by IV J l as 9' fts of
Boston Whaler Inc., who is personally known to me and who executed the foregoing.
Boston Whaler N UPUD Agreement
2017-0-05
Printed Name
Notary Public, State of Florida
My Commission Expired: r\—(\L
29
;;•i v'c�6•.,
USA MARIE WARREN
a°.� '•.`•
`
No;arv?Lblic-StateofFlorida
_
Commiss on a GG 085790
?�-
My Comm. Exoires Apr 2, 2021
8crded lhrou& Nalicral Nolary Assn.
Boston Whaler N UPUD Agreement
2017-0-05
Printed Name
Notary Public, State of Florida
My Commission Expired: r\—(\L
29
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.
00D
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.
AND
THAT PART OF THE SOUTH 924 FEET AS MEASURED ON THE EAST RIGHT OF
WAY LINE OF U.S. NO. 1 HIGHWAY OF LOTS 1, 4 AND 22, ASSESSORS
SUBDIVISION OF THE C.E. McHARDY GRANT AS RECORDED IN MAP BOOK 3,
PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LYING
NORTH OF THE RIVERFRONT ESTATES SUBDIVISION AS RECORDED IN MAP
BOOK 19, PAGE 18 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA
AND THAT PART OF SECTIONS 13 AND 24, TOWNSHIP 18 SOUTH, RANGE 34
EAST OF U.S. NO. 1 HIGHWAY AND BETWEEN THE WESTERLY PROJECTION OF
THE NORTH AND SOUTH LINES OF THE ABOVE DESCRIBED PROPERTY.
AND
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,
Boston Whaler MUPUD Agreement
2017-0-05 30
'fm
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 PROLINGED TO THE INTER COASTAL WATERWAY.
Containing 110.7+ acres more or less and being in Volusia County, Florida
Boston Whaler MUPUD Agreement
2017-0-05 31
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EXHIBIT "C"
TREES
Common Name
Botanical Name
Inches (DBH)
Elm
Ulmus spp.
12 plus
Hickory
Carya spp.
12 plus
Loblolly Bay
Gordom alas i anthus
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
Strike through passages are deleted. 33
Underlined passages are added.
#2017-0-05
Instrument#2017126946 N8 Book:7416 Page:1837
EMMETT"B"
THIS INSTRUMENT PREPARED DY:
Sidney F.Ansbacher,P.A. Upchurch,Bailey&
Upchurch 780 N.Ponce De Leon Blvd. PO Box 3007
St.Augustine,FL 32083
AFTER RECORDING RETURN TO:
Robin L.Mamsick,City Clerk/Paralegal
I.FCAL DEPARTMENT
CITY OF EDGEW A flit
P.O.Box IOU
Edgewater,FL 32132-0100
For Record
MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT
BOSTON WHALER.INC.
THIS AGREEMENT ("Agreement")is made and entered into this Jr- 41.. day of
kJUR:) 2017 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, BOSTON WHALER,
INC. a Foreign Profit Corporation, whose address is Brunswick Corporation, I North Field
Court, Lake Forest, Illinois 60045-4811 (herein after referred to as -"Landowner and/or
Developer")(the City and the Landowner and%or Developer shall sometimes be individually
referred to as a "Party," and collectively as "Parties'). The purpose of this Agreement is to
define the terms and conditions granting the development approval of the subject Property, as
defined in paragraph 1 of this Agreement.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration,the receipt and sufficiency of which are
acknowledged,the Parties agree as follows:
Boston Whaler MUPUD Agreement
2017-0-OS p 8
0 : 1rl R.ety Y"JA.t IOW �/7 4
Instrument 6201 7 12 6 9 46 ta3 Book:7416 Page:1838
I. LEGAL DESCRIPTION AND LANDOWNER AND/OR DEVELOPER
The land subject to this Agreement is approximately 110.7+/- acres east of U.S. Highway 1
in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto
as Exhibit "A"—Legal Description(the'Property"). The record Landowner and/or Developer
of the subjectProperty is Boston Whaler, Inc.
2. DURATION OF AGREEMENT AND ADAPTIVE MANAGEMENT PLAN
The duration of this Agreement shall be thirty (30) years after the date of recording
pursuant to paragraph 13 and run with title to the land as set forth in paragraphs I2 and 13. The
Agreement may be extended by mutual consent of the City and the Landowner and/or Developer,
subject to any required public hearing(s). Development must be consistent with the Conceptual
Master Plan, unless mutually amended,as attached as Exhibit"B"—Conceptual Master Plan
(the "Conceptual Master Plan"). Development of each Lot must also incorporate a site plan and
may incorporate a Preliminary/Final Plat which must be approved by the City prior to
commencement of any authorized work.
Commencement of construction means to begin performing any of the following: 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.
Boston Whaler MUPUD Agreement
2017-0-0S 9
Instrument#2017126946#10 Book:7416 Page:1839
This Mixed-Use Planned Unit Development(MUPUD)is planned to ensure the best use of
land and to adjust the development of the Property to the respective economic, planning and
development needs of the Parties. The MUPUD 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.
The City acknowledges that this project may be developed in phases. 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. A subdivision plat will be provided for the Property to subdivide the
Property dedicating a 60-foot-wide public right-of-way with a 130-foot diameter dedicated cul-
de-sac to the City of Edgewater. The Final Plat shall be recorded upon completion of the Phase I
improvements and City acceptance of the Phase I public improvements and the developer
posting of a one(1)year,ten percent(10%)Maintenance Bond.
3. PijilyIITTFD USF%
The City acknowledges that the Property includes an existing industrial land-use as
well as compatible opportunities for various other supporting commercial and
recreation land uses. The City finds that the proposed uses listed in this Section are
generally consistent with its vision for this area. This MUPUD zoning incorporates the
following as permitted uses:
A. Heavy Industrial
B. Light Manufacturing industrial
Boston Whaler MUPUD Agreement
2017-0-e5 10
Instrument#2011126946#11 Boak:7416 Page:1840
C. Manufacturing
D. Commercial/Retail Uses
B. Recreational Uses
F. Outdoor Storage
G. Boat Manufacturing and Storage
H. Stormwater Retention and Detention Facilities
1. Open Space
J. Boat Ramps and Boat Docks
K. Municipal Park
L. Conservation and Tree Preservation
M. Stonnwater 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 future development,unless
otherwise provided herein.
4. JOT DEVELOPMENT STANDARD]
Development of this Prapeity is subject to the terms of this Agreement and in accordance
with the City's current Land Development Code (LDC) as of the Effective Date of this
Agreement. Based on Final Plat and Final Site Plan approval it is contemplated that the Property
will be subdivided to four (4) lots (individually, "Lot"; collectively or plural, "Lots") is
indicated, The Property may he further subdivided and the total number of lots may vary but the
maximum number of lots shall not exceed eight(8).
The 110.7*acre property will be subdivided into four(4)lots.
Holton Whekr MUPLID Agreement
20174.05 11
Instrument 42 01 71 26946#12 Book:7416 Page:1841
Lot 1—Industrial 70.264*Acres
Lot 2—Mixed Use Commercial 4209=Acres
Lot 3—Mixed Use Commercial 3.601=Acres
Lot 4—Park/Recreational 27.436±Acres(Conservation Area 9.3141 Acres)
Minimum Lot Size 1.0 Acre Minimum Width 100 Feet
The Landowner and/or Developer further agree(s)that all Property development will be consistent
with the attached Conceptual Master Plan. 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.
MDCED USE COMMERCIAL
. Minimum Lot Size and Setbacks:
•
U.S. 1—40'
Rear—10'
Side—15'
Side Comer-25' Between Buildings—15'
Maximum Building Height—60' Utility Easements—10' front, 10' sides
Maximum impervious coverage 80%
Parking: All commercial uses shall meet the requirements of the City's LDC,a minimum of half
the required parking shall be to the rear or side of the buildings.
Building separations will comply with the current Florida Building Code and City Fire Code.
Boston Whaler MUUPUD Agreement
2017-0-05 12
Instrument#2017126946#13 Book:7416 Page:1B42
INDUSTRIAL
Minimum Yard Size and Setbacks:
U.S. 1 —40'
Rear— 10'
Side— 15'
Side Comer-25' Water Front-0'
Maximum Building Height-80'Stack/Chimney- 150'
Utility Easements—10' front, 10' sides
Maximum impervious coverage 80%
Building separations will comply with the current Florida Building Code and City Fire Code.
Parking:Per the City LDC requirements.
Hours of operation:24 hours a day,7 days a week.
PARK/RECREATION
Minimum yard Size and Setbacks: Front—25'
Rear-10'
Side—15'
Side Comer—25' Between Buildings—15'
Maximum Building Height-60' Utility Easements—10'front, 10' sides
Maximum impervious coverage 80%
Parking: AU recreational uses shell meet the requirements of the City's LDC.
Building separations will comply with the current Florida Building Code and City Fire Code.
OVERALL SITE DEVELOPMENT STANDARDS
A. Utilities
Boston Whaler MUPUD Agreement
2017-005 13
Instrument#2 91 71 269 4 6#14 Book:7416 Page:1803
The Landowner and/or Developer hereby agree(s)to extend,at its sole cost and expense,
water and sewer lines to the boundary of the Property in a time frame to be reasonably agreed
upon with the City.In addition,the City shall pay all costs associated with oversizing any water
lines, sewer lines or related facilities to the extent that the City requires the Landowner and/or
Developer to oversize for the purpose of serving developments outside the boundaries of the
Property. Payment by the City of the oversizing costs shall be made concurrent with the
installation of each respective on-site water line, sewer line or related facility that is being
required to be oversized.The City has determined that reclaimed water may be available in the
foreseeable future. Therefore, the Landowner and/or Developer shall install reclaimed water
mains at the time that the proposed roads are being constructed for each beneitted Lot is
developed. Tf permitted by the St. Johns River Water Management District, an irrigation well
may be only used for irrigation purposes until such time that reclaimed water is available.The
Landowner and/or Developer agree(s) to provide, without cost to the City, all reasonably
required utility easements at mutually acceptable locations and the Landowner and/or
Developer agree(s) to consult with the City regarding the reasonable width of such utility
easements, based on industry standard for the use of and access to the specific utility. The
Landowner and/or Developer agree(s) to require any buyers of the Property or portions thereof
to take title subject to such utility easements.
B. Road Improvements
The City acknowledges and agrees that a future traffic study submitted by the
Landowner and/or Developer may adequately demonstrate that development of the Property will
not adversely affect the adopted levels of service on the roads and intersections incorporated
with the Property.The City hereby waives any further concurrency review and will not require
Boston whaler MUPUD Apecmcm
2017-0-0S 14
Instrument#2017126946#15 Book:7416 Page:1844
offsite road improvements as a condition of developing the Property as long as the PM peak
hour trips do not exceed those identified within the future traffic study. The need for
acceleration lanes and/or deceleration lanes at entrances to the Property will be evaluated by the
City and. FDOT (Florida Department of Transportation) at the time of commencement of
development of Lots other than Lot I within the Property. If required for safe ingress and
egress to the Property, acceleration and/or deceleration lanes shall be provided by the
Landowner and/or Developer without cost to the City. The City shall not require any other offsite
traffic improvements.
Northern Access —U.S. I entrance mad shall be a minimum width of sixty (60)-foot
minimum public right-of-way and to terminate in a cul-de-sac with a minimum diameter of one
hundred and thirty (130)-feet and the Now Entrance will have driveways and right-of-way
improvements to first intersection as indicated on the Conceptual Master Plan to be constricted
by Landowner and/or Developer and the U.S. I entrance road improvements and Road right-of-
way shall be dedicated to and maintained by the City.
The PI•perty has approximately 1,775 lineal feet of frontage on U.S. Highway I. The
Parties agrees that the amount of frontage on U.S.Highway 1 is sufficient to allow two (2) full
service access points for the Property. It is anticipated that one (1) of the access points may
eventually receive warrants sufficient to allow installation of a traffic signal. If a signal is
warranted at an entrance to the Property as a result of total development of Lots 1,2,,and 4,the
Landowner and/or Developer shall only be responsible for a pro-rata share of the costs associated
with installation of the signal. The pro-rota share calculation owed by Landowner and/or
Developer shall be based on ratio of the number of PM peak hour trips associated with direct
access into and out of the Property that are impacting the intersection to be signalized.
Boston while MUPUD Agreement
2017-0-05 15
Instrument#2017126946 816 Baok:7416 Page:1845
C. StormwaterManagement
In an effort to enhance the maximum efficiency of the stormwater infrastructure,
Landowners and/or Developer are encouraged to design and permit a joint master stormwater
facilities that would serve all lots referenced within this MUPUD agreement.The retention and or
detention pond(s) shall meet the applicable requirements for the St. Johns River Water
Management District(SJRWMD),Florida Department of Environmental Protection(FDEP),and
the City LDC. The joint master stormwater pond shall be located on Lot 4 and subsequently
dedicated to the City of Edgewater concurrently at such time Lot 4 is deeded to the City. Once
the City has received ownership of Lot 4, the City shall be responsible for all applicable
stormwater annual permitting and maintenance. Any additional required stormwater ponds
and/or associated infrastructure not located on Lot 4 and/or within the dedicated public ROWs
will be owned and maintained by the individual lot Landowner and/or Developers that such
pond brings benefit to. Landowner and/or Developer,prior to the dedication to the City and then
the City thereafter, shall provide a perpetual drainage easement over retention/detention pond in
Lot 4 for stormwater treatment and attenuation for Lots 1, 2, 3 and 4 to 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—United States Geological Survey
NGVD29—National Geodetic Vertical Datum of 1929 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.
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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%n)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, 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 FF1vIA 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.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot(Le.
1-foot topographic contour interval and 100-year flood elevation to one (I) 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
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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 that shall not be
required, due to the project location, adjacent to the River, except to the extent required by
the SJRWMD or FDEP. Compensatory flood storage will be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development(if
compensatory flood storage is required).
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 enforec 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.
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D. Sig-nage
The City recognizes that any signage located on the Property at time of this MUPUD
Agreement effective date 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.
E. Trees
Trees shall be 2 Y" in diameter, DBIL,and shall be of a variety listed in Exhibit"C"—
Trees. Palms may be substituted for up to 50%of the tree requirement at a rate of two (2)palms
equaling one (I) tree. Each Lot shall have a historical tree survey prior to the issuance of a
subdivision plat development order. The purpose of the tree survey shall be to determine the
number of historic trees and to determine the tree mitigation requirements. A specimen tree
survey is not required. A Tree Preservation Easement and Conservation Easement will be
provided/recorded with the recording of the subdivision Final Plat as indicated on the project
Conceptual Master Plan. Such trees located within the Conservation Easement shall be credited
for all required tress for all of the MUPUD parcels. The Tree Preservation Easement and
Conservation Easements provide for the fifteen percent tree preservation requirement for the
property. No additional Tree Preservation areas are required.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic Tree Protection requirements and Area Tree Protection
requirements.
Landscaping for Commercial,Industrial,and Park Recreational uses shall comply with the
current LDC in effect as of the effective date of this Agreement.
5. FUTURE LAND USE AND ZONING DESIGNATION
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The Future Land Use designation for the property referenced in this Agreement is
Industrial and Mixed Use with Conservation Overlay and shall permit Industrial, Commercial,
Recreational and Conservation activities.The zoning designation for the property referenced in
this Agreement shall be MUPUD(Mixed-Use Planned Unit Development) as defined in the City
LDC and amended herein. The City's permitted uses of 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.
d. 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 agree(s) to connect to the City's
potable water system at the nearest point of connection,which will provide adequate Bow for
the referenced development as contemplated by the attached Master Conceptual Plan
(Exhibit B) and as determined by the City. All water main distribution system
improvements included in Phase I 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 plating.
B. Landowner and/or Developer agree(s) to connect to and utilize the City's wastewater
transmission and collection system. All wastewater collection and transmission system
improvements included in Phase I 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 the time of platting, Private Pump Stations and Force Mains are allowed for
existing force main and proposed force main connections.
C. The City has determined that reclaimed water may be available in the near future;therefore,
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the Landowner and/or Developer shall install irrigation piping included in Phase 1 for
future reclaimed water service. Until reclaimed water is available to the site, the
Landowner and/or Developer may use the reclaimed water piping for irrigation purposes.
On site wells may be utilized for irrigation until reclaimed water is available on site.
D. Landowner and/or Developer agree(s) to provide on-site utility and drainage easements for
drainage and utility service consistent with this provision.
B. All utility services will be underground (except Lot 1 to the extent of existing overhead
electric).
F. Improvements for Phase 1, (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes and a(60)-foot-wide dedicated right-of-way)are
the Landowner and/or Developer 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 on a per building basis to the City by applicant
prior to the building permit being issued.
Sewer—Pay 100%of the applicable impact fees on a per building basis to the City by applicant
prior to the building pemil being issued.
Police,Fire,Recreation—Paid to City by applicant at the time of Building Permit Application.
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.
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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 nips on the area roadway
.network. City approval of modeling methodology and study boundary shall be required prior
to initiation traffic study.
T. Landowner and/or Developer agrees to reimburse the City for reasonable direct costs
associated with the legal review, engineering review, and construction inspection and the
review and approval of the final plat and final site plans related to the development pursuant
to a schedule to be agreed to by the Landowner and/or Developer and City Manager.
IC The Landowner and/or Developer,at the time of development shall provide all public facilities
to support this project including the following:
I. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system,including outfall system.
4. Piping for future reclaimed water.
5. All required pavement marking and signage(stop signs,road signs,etc.)within the
development. All permanent markings and signage shall comply with FDOT
standards.Enhanced special signage may be used if it meets FDOT standards and
approved by the City.
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6. Landowner and/or Developer is responsible for costs of recording the plat upon
approval by the City.
7. Bonds—A Performance Bond or other acceptable financial instrument,such as a Letter
of Credit,shall be provided to the City to ensure performance or obligation for public
facilities, and shall be 110% of the costs of all remaining required improvements.A
Maintenance Bond equal to 10%of the cost of the infrastructure imprevements 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 Landowner and/or Developer will be responsible for the required streetlights that
result from the U.S. I dedicated northern entrance and the 60-foot dedicated public
right-of-way. The City shall be responsible for the payment to Florida Power and Light
for maintenance and power consumption.
L. Recreational Facilities/Onen Space
Once deeded to the City Lot 4 (27.436t acres), may include active and passive recreation areas
and facilities which may include, but not limited to, a Clubhouse, Boat Docks, Fishing Piers,
Boat Launch with Boat Parking, Restaurant, Pool Area, Tot-Lots, Play Fields and Community
lots and is adjacent to major water body and provides access to these areas. Additionally,and
notwithstanding anything in this Agreement to the contrary, that northern portion of the
Conceptual Site Plan that is shown as"Tree Preservation/Conservation Easement"on Lot 4 shall
be granted to the City and, if accepted by the SJRWMD, to the SJRWMD as a conservation
easement for tree and habitat preservation and to act as a perpetual buffer•between the parcels
north of the Property and the principal development of the Property, consistent with section
704.06, Florida Statutes.
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7. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner
defined in the Agreement after having determined it is not contrary to the City Comprehensive
Plan and LDC and is compliant with all concurrency and various other regulatory requirements
are met as set forth in said documents.
8. PERMITS REOUIRED
The Landowner and/or Developer will obtain required development permits or letters of
exemption.
Permits may include but not limited to the following:
I. Florida Department of Transportation, FDEP,Florida Department of Health, SJRWMD,
Army Corps of Engineers,Florida Fish and Wildlife Conservation Commission and Volusia
County.
2. City—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 (I) foot above the flood plain
elevation.
9. DEVELOPMENT REOUIRENJENTS
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.
10. LIJEAT.TH SAFETY AND WELFARE REOUIREMENTa
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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.
II. APFFJAL
If the Landowner are aggrieved by any City official interpreting the terms of this
Agreement, the Landowner shall file a written appeal to the City Manager within fifteen (15)
days. After receiving the written appeal, the appeal will be reviewed by the City Manager and
City Attorney within fifteen(15)days of receiving the written appeal.If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the text earliest City Council agenda. The
action of the City Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
. During the tenn 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. FFFF.CTIVF DATE:BINDING AFFECT
This Agreement is effective between the Parties after final execution by both
Parties. 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 and its
successors in interest and assigns and any person, firm, corporation, or entity who may become
the successor in interest to the land subject to this Agreement or any portion thereof. The
Agreement shall run with the land upon recording and shall be administered in a manner
consistent with the laws of the State of Florida,
14. RECORDING
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Upon execution by all Parties,the City shall record the Agreement with the Clerk of the
Court in Volusia County.The cost of recording shall be paid by the Landowner 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 City shall provide the Landowner
and/or Developer a thirty(30)day notice and right to correct,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 and defined by the
City Code, shall require City Council approval.
19. FURTHER DOCUMENTATION
The Parties agree that at any time following a request therefore by the other Party, each
Party shall execute and deliver to the requesting Party such further documents and
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instruments, in fomi 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 other Party of issues, which give to an action for specific performance,
and the notified Party does not cure the defect within 30 days of receipt of the notice.
21. y1TORNEYS'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 an alleged breach by the other
Party of any terms hereof, the prevailing Party shall be entitled to recover from the other Party
its reasonable attomey'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
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. $EVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any
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reason held invalid or unconstitutional by any court of the 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 5day of thrisi 2017.
"CITY"
ATTEST: CITY COUNCIL OF THE
CITY 0212DGEWATER, OIRRI A
BY: ''p11 tw t.. BY: ///7/`ik-7 -/
Robin L.Matusick Michael Ignasia
City Clerk/Paralegal Mayor
(Signature Blocks Continue on Following Page)
Boston Whaler MUPUD Agreement
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Instrument/2017126946/29 Book:7416 Page:1E158
"OWNER"
BOSTON WHALER,INC.
a Foreign Profit
. "< Z"""Vfit`Coorporaraatiioo�nn,
BY: ���;/
Nick Stickler,President
STCOUNTY
'46tu i4
COUNTY OF V O1uS14 _ 1
The foregoing instrument was acknowledged
acckknowledged before me this za da y of ,,j �a•ri-e
2017,by NJ1 C.K .3f Y7\I as A�PS1d-PM1' of -
Boston Whaler Inc.,who is personally known to me and who executteed'the foregoing.
i ` warrhaK-staedrMt
i r",�n,ra„acoeen Printed Name .
� .. artwmt omi,trirnt Notary Public,State of Florida
1
My Commission Expired: p.-?fOL Z.1ZD2A
Boston Whaler MUPUD Agreement
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Instrument 42017126946#30 Book:7416 Page:1859
EXHIBIT"A"
LEGALDESCRIPTION
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.
AND •
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.
AND
•
THAT PART OF THE SOUTH 924 FEET AS MEASURED ON THE EAST RIGHT OF
WAY LINE OF U.S. NO. 1 HIGHWAY OF LOTS 1, 4 AND 22, ASSESSORS
SUBDIVISION OF THE C.E. MCHARDY GRANT AS RECORDED IN MAP BOOK 3,
PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,AND LYING
NORTH OF THE RIVERFRONT ESTATES SUBDIVISION AS RECORDED IN MAP
BOOK 19, PAGE 18 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA
AND THAT PART OF SECTIONS 13 AND 24, TOWNSHIP 18 SOUTH, RANGE 34
EAST OF U.S. NO. 1 HIGHWAY AND BETWEEN THE WESTERLY PROJECTION OF
THE NORTH AND SOUTH LINES OF THE ABOVE DESCRIBED PROPERTY.
AND
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.
Boston Whaler MUPUD Agreement 2017-0-05 30 •
Instrument#2017126946#31 Book:7416 Page:11360
AND
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 PROLINGED TO THE INTER COASTAL WATERWAY.
Containing 110.7*acres more or less and being in Volusia County,Florida
Boston Whaler MUPUD A8+<cmcnt
2017-0-05 31
4isfivnent R201)1Z90M 1132 Book:7415 Page:1 Bel
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Instrument 42017126946 a33 Book:7416 Page:1862
EXHIBIT"C"
TREES
Common Name 'Botanical Name Inches(DBH)
Elm Ulmus spp. 12 plus
Hickory Caryaspp. 12plus
Labially Bay Gordonialasianthus 12 plus
Magnolia Magnolia Grandiflars 12 plus
Maple • Acerspp. 12 plus
Other Oak Species Quercusspp. 12 plus
Red Bay Perseaborbonia 12 plus
Red Cedar 7uniperussilicicola 12 plus
Swamp Bay Perseapalustris 12 plus
Sweet Bay • Magnolia Virginians 12 plus
Sweet Gum L.iquidambar Styraciflua 12 plus
Sycamore Platanusoccidentalis 12 plus
Turkey Oak Quercuslaevis 12 plus
Cypress Taxodiumspp. 12 plus
Sugarberry/Hackbeny CeltisLaevigata 12 plus
Slash Pine Pinuselliottii 18 plus
Longleaf Pine PinusPalustris 18 plus
Salk.-rough passages are deleted. 33
S1a98111af3!passage are added.
e2a17-o-63