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2017-O-28 - Dollar General PUD 9/26/2017 9:13:16 AM Instrument# 2017185297 31 pages • Book: 7451 Page: :: Electronically Recorded By Volusia County Clerk of the Court ORDINANCE NO. 2017-0-28 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) FOR 1.65± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 210 NORTH 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: 1. Haymes S. Snedeker is the applicant on behalf of Michael L. Brewer Trust, owner of property located at 210 North Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 1.65± acres. 2. The applicant has submitted an application for a change in zoning classification from City B-3 (Highway Commercial) to City BPUD (Business Planned Unit Development) for the property described herein. 3. On July 12, 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 land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. StRiek--theuel4 passages are deleted. 1 Underlined passages are added 2017-0-28 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 property described in Exhibit "A" is hereby changed from City B-3 (Highway Commercial) to City BPUD (Business Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement attached and hereto incorporated as Exhibit "B» 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. Strteli-thetkg-11 passages are deleted. 2 Underlined passages are added 2017-0-28 PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Blazi with Second by Councilwoman Vogt, the vote on the second reading/public hearing of this ordinance held on August 7, 2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power EXCUSED Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X though passages are deleted. 3 Underlined passages are added 2017-0-28 This ordinance was scheduled for second reading/public hearing on September 11, 2017 however, due to Hurricane Irma the Council Meeting was re-scheduled to September 18, 2017 with the appropriate legal advertisement done for notice. After Motion to approve by Lex r-r with Second by i L; - er-) 1 , the vote on the second reading/public hearing of this ordinance held on September 18, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power N Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 18th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA . By,1iIC)41 ‘"/ Robin Matusick Mike Ignasia City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day legality by: Aaron R. Wolfe,Esquire of September, 2017 under Agenda Item No. City Attorney 8 aEj . Doran, Sims,Wolfe&Ciocchetti Struck-tough passages are deleted. 4 Underlined passages are added 2017-0-28 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 22, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52, Township 17 South, Range 34 East, Volusia County, Florida, according to the plat thereof, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida and being more particularly described as follows: Begin at the intersection of the North line of said Lot 22 and the Westerly right-of-way of U.S. Highway No. 1 a 100 foot right-of-way as now laid out; thence South 22° 35' 41" East along said Westerly right-of-way line a distance of 195 feet; thence South 67° 20' 19" West parallel with the North line of said Lot 22, a distance of 369.52 feet; thence North 22° 35' 41" West a distance of 195.00 feet to a point on the Northerly line of said Lot 22; thence along the Northerly line of Lot 22, run North 67° 20' 19" East, a distance of 369.52 feet to the Point of Beginning. Containing 1.65 acres more or less. Stough passages are deleted. 5 Underlined passages are added 2017-0-28 �_- V R MOCKINGBIRD \ \ I \ \ \ \ \ \\ icss. \\ 10110 ,,,V \---\ A ttft%%fa g * ° 0 \ 0 Z % \\_____ 0 % lip- 0 , 011ie \ \* .c -0 , ,,.\i \\____________A, ,00-61 le \ %/� ___________/\,\ i � \ NP/ ; O �� \ 0 \ \ p� V .NPS Q v SO2 o oG \ \ Po A ,,, ,,,'„,, \ , ., 4. `7 . . . \ AQP , N F.DGEN]ATER \\\ :6 \ \\ ®Subject Property \ \\\\ \ �QQ` �O \` Ogizz \ \ O 1Of. Dab 6't Y2O�] \\ \ 7Z , • !Mk_ ' \ �• 1 .ti ,, « c „..:A,,,,--A,...„,...4.---,.---) \ , \ ' 10 ---'5 1 `\\` r , `�\ ti, t.\ 7 -- p ,� ` 1 \ t.. \4 ti \ , ` \ , ,\'', . \ \ ! %. ..'• (,..li.--14 ,,,\ \ ' ., ' ' ''' ', 'C - ..''' '\ ---------:„...„:„.. . ',:,,-11 , .. -4.. - A,, R. \ y V , \ 1 V' •S 4e :\.. - :} ..., i:-..:,,• ''. , - , ox,.. ,..i' "c....541111:4,...N.11:', 1,• 7 . " ._-•:',...1..'10,-''..-4'l.' . 1 i- 1 \ s 1 _...._._._________________./-\' C:::-\ flOo .1••• A 00;00 , . i.t.l. /� • '•••;" / � OCA � ----,----• GO 411001. C. , I c .CCr°;:iiik \ f ,�►,-, /, . T \ ., yv Pec. EDGE VATER '---— a.0 -,, y .'. ,� Wil v.i • \ \ \,-- Subject Property ' . .. ' , ' r \\ O O% , � '` , •••` ` '` ' `Y .age 'o urt- , '. siffl � @):r: '�.0 3 'Q" 1' 'c Hca; Wk 61. i e 4 036°3- . i1.11111',! I,Ii 11:11111:11111 14�i 11h11 E E 111/E o. 0 C \ , a c 0 0 . ,� ' ry v c So I:, o via �m \ .---"" , 0 , �\ , t 1 14 14 Ili11J 4i Lt.!:,-.11111 t.,;1,4tti ,a. NUNN IN N O % 1111111111 tryi ! ft 0 L . M i gt _ `'h jli 0, till i,tii il!i:i , , , a m v� E n 3, t _ o cE # t4 ii?,‘,,‘,.IN m oV `� , Oa0 N N 0.001111 a< iSi C g 4 J M! and Um - - - - 4- 4 • 1 } a 1i�]]i al, Iiiill.„,„„,„i„„i„,,,Q 4 ,:„„, ,,, , . .. CITY.S TE EET: PRELIMINARY SITE PLAN Edgewater, r, FL Edgewater, FL-U.S. 1 (N Ridgewood Ave) PROTOTYPE: °7500 RD" DEVELOPER DESIGNER DATE: BLDG/SALES SF: 7489/5915 COMPANY: HIX SNEDEKER COMPANY: JADE CONSULTING,LLC 07106117 ACREAGE:APPROX. 1.65 AC NAME: HAYMES SNEDEKER NAME: TREY JINRIGHT,P.E. PARKING SPACES: 29(2H/C)PHONE#: 251-243-0703 PHONE#: 251-928-3443 ..------.......- \..........., ...,„„---' ‘ / \ /� /, - c ... ..- I/ / REPLACE EXISTING DRIVEWAY W/FOOT APPROVAL � 3,/' / 0 `, MAI CPVENT SIGN tee., LOAO-1.43 SPACE k pO REMOVE ETTSTNG PAVNCLORIVEWAY a \/' / / 511• �,1• 1 �` \ / `6µ ` / {\ FOTEMU15TORMWATER 11,„„,!„, 4 -,,/,.. \o. `:p \ NAVAG@7En1 AREA NN . d , MI ENTRANCE 4110-\,,, �. O.ITOODR CISPLAY -:\ P. PROPOSED . `\ / BUDDING - a / '.Sdi SB r. i �,O �y}'+' / / \ 9` ` Fes' .._�'� '�,d \ -- / ' �\ ... � /- \ ------\ /,, /,, ,---- , /,, ,---- , SITE DATA TABLE STATE OF FLOP:OA COUNTY OF VOLISIA CY OF_OGEWATER LEGEND ZONING:B-3(R DGEWOOD AVE CORRIDOR) F705RNC PROW PROPOSED RE2.On:NG: �o twr BUILDING SETBACKS ITANDSCAPE BUFFERS;': ESISTNS CONCRETE FRONT: h,A(10'1 �:. PIIOPOQQfD SIDE: INA(101 WPM.MO 5.0 COIIGETE($R00Y SWISH) REAR: INA(10) PARKING REQUIRED :SPACE:250 SF GFA (*Mx.I'm SF.) 0011CRETE(wow mem) 7500 SF/25C><30 SPAM _ PROP06E950111DIRO--0UfT PARKING PROL'IOED: mN BP1D ACES(APPROVAL 0 (/PPRO;SBS'SFJ n ASPSOLT C• PUTTING SR°REQUIRED ZO%10 Z PROPOSED NEWT-OUIT ASPLT PARIOts ME PROPOSED: 20 X 7 IM SCALE=r4o OPPMx mai son 'N/BOLD APPROVAL kg JAM atE 7-1-v '' 24'-0' 24'-0" 1 21.O ,8'-2' y 5-10" J �a-0 1 1T-0" y 1 ? 1 �, T � ; , 1:1:1 .� 3pImo 11111 a II 111111 I im 111111 11lIN . I 111111 �� 31 ± 111 ' _�o y1Iy 0- 441 r © z, 1.1111 0 1 441 g 11�1�� + 11 R 1;1'1 ► J N 1 1 .. 411 g ] 11111 .71 1111 a W 11':': 1III :1:1, I / 1i1i ilii `-e— ' 411 MC 0 C'' — IIIA , __ (� \ ,.4,0., ii I ®o _c,n1 s s 10 A 11 ! ( < -. . . r• 1 1111' ,5 1111 ,I i , iIPi______ # ��� k1 I II c 4 dii. 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ZA 0 North Ridgewood Avenue(US 1),Edgwater,Florida 24-0- s 5 19'-24 5-10• 1 1 18'-2'�+,I _ 14'-0' / 71 � 14'-0" 9.4:r .77:cr...-----7.-'.'2 - 3 m ^ / \; I em - i 21 1, ?y i sg m 1 'M Thi t , - , E b m 41 N + I c 4 r El ill y .O a6 m I CI .--' [ plin N x x Pa I I 1 s —r ySF _/z5 N , -t-I �� ,` % 1,D, ��44$$. gAE 64oWXE33EaoBB a `",i �a/ '`� Iii t qo� as 5 i §9€fib°ivE ®®geF 0 ® qgZ ii `�' 4a a�1 it S 4;iqt g flu P.S 8 it s AIM! �I tF Sail ^i+f'fr�rp�i iv' a :L�R 1 A R4 ai f 95glAi6 i i �4,`(;_"I :RE Ta r, 4 1 8 a ti E 9 1/1010 1F Fi sk 2 54l `4'-0"4, 1T-0' iai q $2 ; 1 . 111Z 1 zPi515' . g 21'-0" 4 8 '11tJItti o £ 3 F„ I et 24'-0„ m m Is PROPOSED NEW STORE CONSTRUCTION MIT DECIUMICIt 1.4.1.=„sHMV q -4 ' ' DOLLAR GENERAL - AA RR C HI 7 E�TEWL RTC N •..i70 North Ridgewood Avenue(US I),Edgwater,Florida l . r s• I ilia, . > ,A;Plik k- ,,4. .. f. 4 L ■I . W CO al Plifill F 1! -_.la-. ,.: / r--� -- la. Ct imil Siiiii ct A (i) •- H, u oc'4 � w U z e) c./.) W �F ;4: = = (:1/1) _ 4 gr' v 1 . t 4 s,` .i. . , Attl ' c ., Pte'- t br .. P 1 EXHIBIT 'B' BPUD AGREEMENT Starek though passages are deleted. 6 Underlined passages are added 2017-0-28 THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 AFTER RECORDING RETURN TO: Robin L.Matusick,City Clerk!Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O.Box 100 Edgewater, FL 32132-0100 For Recordin. Pur.oses Onl BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT HSC EDGEWATER, LLC THIS AGREEMENT is made and entered into this day of 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 HSC EDGEWATER. LLC, developer, whose address is P.O. Box 130, Daphne, Alabama 36526 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration,the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 1.65± acres located at 210 N. Ridgewood Avenue in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The record owners of the subject property are Michael L. Brewer Trust. HSC Edgewater, LLC 1 2017-0-28 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development must be consistent with the Master Plan dated May 9, 2017 hereto as Exhibit "B" —Conceptual Plan and Exhibit "C" - Architectural Conceptual Exterior Design Standards for all sides of structure. Developer must receive site plan approval from the City prior to commencing construction. Developer's failure to initiate construction before March 1, 2018, may result in the City's termination of the Agreement. Developer may request an extension of the Agreement for an additional 12-months for extraordinary circumstances as determined by the City. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's Land Development Code ("City LDC"), as described in Paragraph 2 above. The Developer further agrees that all development will be consistent with the Master Plan dated May 9, 2017 and be developed consistent with the HSC Edgewater,LLC 2 2017-0-28 City's development procedures, including Article XX — Ridgewood Avenue Corridor Design Regulations of the City of Edgewater Land Development Code (except as amended by this Agreement). Until such time as a Development Order is issued, final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Said changes shall be approved by the City. Use of the property will be as follows: RETAIL Minimum Yard Side and Setbacks Front(Ridgewood Ave.): 10-ft. Rear: 10-ft. Side (North & South): 10-ft. Minimum Landscape Buffer Front(Ridgewood Ave.): 10 ft. Side (North): 10 ft. Side (South): 10 ft. OVERALL SITE DEVELOPMENT STANDARDS Maximum Building Coverage: 15% Maximum Impervious Coverage: 50% Maximum Building Height: 30 ft. A. Parking Twenty-nine (29) parking spaces will be permitted with a minimum size of 20-feet by 9- feet. A minimum of two handicap parking spaces meeting ADA requirements will be required. The location and number of parking spaces in a row shall be permitted per Exhibit "B" HSC Edgewater,LLC 3 2017-0-28 Conceptual Plan. A maneuver depth and radius of five (5) feet along the southern property boundary shall be permitted per Exhibit"B"Conceptual Plan. B. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. C. Signage Any signage shall meet the current City LDC. D. Exterior Display Area Only display setups of products customarily used outdoors including but not limited to, pools, lawn furniture or other similar items shall be permitted and shall be limited to one of any one product or model and shall be located in designated exterior display areas approved for such display as part of the development plan. In addition one (1) ice machine and one (1) LP Gas dispenser shall be permitted in designated exterior areas. Such exterior display areas shall be depicted on Exhibit "B" and Exhibit"C". At no time shall any exterior display areas impede the entry or means of egress of any doorway. All exterior displayed products and related display equipment shall be removed at the close of business each day, except that the ice machine and LP Gas dispense products and equipment do not have to be removed from the exterior display areas. E. Exterior Facade Treatments Synthetic stucco shall be permitted except in the designated exterior display area and delivery receiving door areas. HSC Edgewater,LLC 4 2017-0-28 F. Trees The Developer shall meet the City minimum tree protection standards. G. Entrance to Subdivision One (1) entrance, as depicted on the Conceptual Plan, shall be permitted for accessing the development from Ridgewood Avenue. H. Future Expansion/Phases Notwithstanding anything herein to the contrary, the City shall permit future expansions in accordance with the City LDC as long as said expansions do not cause development of the Property to exceed the overall site development standards referenced in Section 3. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for HSC Edgewater is Commercial. The zoning designation shall be BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. HSC Edgewater, LLC 5 2017-0-28 B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and all wastewater collection and transmission system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. C. The City has determined that reclaimed water may be available in the future. Therefore, the Developer shall convert and connect all irrigation system piping to reclaimed water within one-hundred-eighty (180) days of written notification by the City to the Developer of the availability and cost, but Developer shall only be required to convert and connect such systems if the connection point is immediately adjoining the Developer's property. D. All utility services will be underground. E. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, and signalization) are the Developer's responsibility and shall meet all City, County and/or State requirements and approval. F. Impact fees will be paid in accordance with the following schedule: 1) Water - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the City, thereby reserving requisite water capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one(1) year. 2) Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the City, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one(1)year. HSC Edgewater,LLC 6 2017-0-28 3) Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. 4) Roads- Paid to City by applicant at the time of Building Permit Application. 5) Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) -Paid prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. G. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. H. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. I. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, not to exceed one-thousand dollars ($1,000.00), engineering review and construction inspection related to the HSC Edgewater, LLC development approval and the construction of required infrastructure improvements. J. The Developer 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. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation(FDOT) standards. HSC Edgewater,LLC 7 2017-0-28 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF EASEMENTS It is not contemplated that any additional easements shall be required and all existing utility/access easements presently identified shall remain unless released by the City of Edgewater. 8. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption as needed for this Agreement and the construction of the improvements depicted on the Conceptual Plan. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. HSC Edgewater,LLC 8 2017-0-28 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager within fifteen(15) days of the adverse decision being communicated to such person. The City Manager shall review the decision of the city official and render a decision on the appeal within thirty (30) days of receipt of the written notice or appeal. Any person may subsequently appeal the decision of the City Manager to the City Council. Any such appeal to the City Council must be filed with the City Clerk within fifteen (15) days of the adverse decision by the City Manager being communicated to such person. The City Council shall review the decisions of the city official and City Manager within sixty (60) days of the date of filing such appeal. In the event the decision of the City Council is not agreed upon by Developer, the Developer may within thirty (30) days of such written decision from City Council appeal the decision made by the City Council to the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida. 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. The property owner will be responsible for maintaining the property in accordance with the approved SPUD HSC Edgewater,LLC 9 2017-0-28 Agreement and site plan. Any changes to the site design shall require approval by the TRC and for City Council. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERFORMANCE REVIEW If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. HSC Edgewater,LLC 10 2017-0-28 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and HSC Edgewater,LLC 11 2017-0-28 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. 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. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: 4,44 L/4 w' 4 Robin L. Matusick Michael Ignasiak City Cleric/Paralegal Mayor (SIGNATURE PAGES TO FOLLOW) HSC Edgewater, LLC 12 2017-0-28 OWNER Witnessed by: Michael L. Brewer Trust I VI I 1A i t- By: ,—. ii 4 / Mic ael L. Brewer. e.----es STATE OF FLORIDA COUNTY OF VOLUSIA The fore g g oin instrument was acknowledged before me on this / day of us--r, 2017, by Michael L. Brewer, who is [ rsonally known to me or [__was P as identificat+on and who did(did not)take an oath. MICHELLE L.VAN1 gNCKER ' `, _ . Ai /, 41 /. °'�" Notary Public _�'�re Fr Commission#FF 045034 ' Expires October 31,2017 �m:0. p' Stamp;Seal ' %�§a'? Boded Tlvu Troy Fin Mwesrce 806345-7079 li HSC Edgewater,LLC 13 2017-0-28 DEVELaPER Witnessed • : HSC E- gewater, LLC 9 • By: Haymes . Snedeker STATE OF FLORIDA COUNTY OF VOLUSIA e fore oing instrument was acknowledged �b�efore me on this 5 day of ,2017,by Haymes S. Snedeker, as AteAki/Idar of HSC Edgewater, LLC, who i personally known to me or[J has produced as identification and who did (did not)take an oath. �. dr; °°�• SSSIoI No y Public %( l.LAM° "4, Stamp/Seal .,�a7 A R ' • C STATE ,��1/111111 °° HSC Edgewater,LLC 14 2017-0-28 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 22, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52, Township 17 South, Range 34 East, Volusia County, Florida, according to the plat thereof, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida and being more particularly described as follows: Begin at the intersection of the North line of said Lot 22 and the Westerly right-of-way of U.S. Highway No. 1 a 100 foot right-of-way as now laid out; thence South 22° 35' 41" East along said Westerly right-of-way line a distance of 195 feet; thence South 67° 20' 19" West parallel with the North line of said Lot 22, a distance of 369.52 feet; thence North 22° 35' 41" West a distance of 195.00 feet to a point on the Northerly line of said Lot 22; thence along the Northerly line of Lot 22, run North 67° 20' 19" East, a distance of 369.52 feet to the Point of Beginning. Containing 1.65= acres more or less HSC Edgewater, LLC 15 2017-0-28 ',.... ¼.) EXHIBIT ...-- EXHIBIT "B" CONCEPTUAL PLAN r I ,itAIL.zi•IR:_:_l PRELIMINARY SI I E PLAN Eugewater. FL- U.S. 1 (N Ridgewood Ave) FR°rOTY1,L: "7500 RD" DEVELOPER DESIGNER DA-E: lEILOGMALF-: .5F 7489/5915 COMPANY HIX SNEDEKZR COMPANY A:11 TIG.LLC 07106n7 ACREAGE:APPROX, 1.65 AC *UAL. HAYNES SNEDEXER NAME: TREY JINRIGHT.P.E. PARKIN:: SPA:7PS 29 (2H/C) PHONF X 251.2434)708 PHONE X W5-141•2A.."1.1—•:4 ___-- . - • •, •. •, '•_-------. • ‘, • ' •• •, ' • , . __--- \, ',, ,,, ------. .... •r: '' ) ', ,, \ . ... _____- •ns 4 ...,........... ..•,----- •. ,e"... • -;c Flien../K:*t)Orltdal MINeuve V114,MY.71r oortirjho‘. .r-f,.... , ...0.....:,....--' ., .... % */••51›...... '"---'-- =120:1;11101C1 WO', °' ----- • ..,...,--..'"•-t ----.\-- foZt.i..1eLrt-CAIN \ 4 W4211.11.011111W I Y ' ' 009,11.0 Ord....1.4.1.10•••••••••••-•' ./.....'.-- ,.'''''' \ ', ' LOACINQ!MOE 1011 ‘7CA\ ', ' • '. \ .••••°' - \ • .. :.,. 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LLL • + Cil o o 4 + s • ' m + • — :j; - x• • F • l_ rn : ®® ©saaa ci©aae00000m ❑ + s 94 § § §§§ §§Rte _ ^ .mi m El.,- IA � �i IA 1.149 IN 14 €illia lig : ,����T�- _ "-a ftI 3� II D' 2V-01T•0I 1i '1 R 1 ; 6 AIM g h F. M- ',Ix n.m I il ii I 1iiflki iti § i "1 Q 10 e d PROPOSED NEW STORE CONSTRUCTION r1DAhtS•STEWART Y T 1 • 0 > . : DOLLAR GENERAL A R C H I T E C T S•I.L u is 8 o - R. ,. North Ridgewood Avenue IUSl).Edgwater.Florida