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02-22-2017 - SpecialCitof Ed ewater N. Riverside Drive y Ed g Edgewater, FL 32132 o w!TER Special Meeting Agenda Planning and Zoning Board Wednesday, February 22, 2017 6:30 PM Council Chambers Special Meeting We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. NEW BUSINESS - PUBLIC HEARING a. AN-1701 AN-1701 - Parker Mynchenberg requesting annexation of 48.5± acres of land located at 100 Whaler Way and approval of the associated Annexation Agreement. Attachments: Location Map Aerial Draft Annexation Agreement b. CPA-1702 CPA-1702 - Parker Mynchenberg requesting an amendment to the Comprehensive Plan Future Land Use Map to include 48.5± acres of land located at 100 Whaler Way as Industrial. Attachments: Location Map Aerial Future Land Use Map C. RZ-1702 RZ-1702 - Parker Mynchenberg requesting an amendment to the Official Zoning Map to include 110.5± acres of land located at 4115 S. Ridgewood Avenue and 100 Whaler Way as MUPUD (Mixed -Use Planned Unit Development) and approval of the associated MUPUD Agreement. Attachments: Location Map - 100 Whaler Way Location Map - 4115 S. Ridgewood Aerial - 4115 S. Ridgewood Aerial - 100 Whaler Way Zoning Map Overall Plan MUPUD Agreement City of Edgewater Page 1 Printed on 211612017 Planning and Zoning Board Special Meeting Agenda February 22, 2017 d. AN-1702 AN-1702, Glenn D. Storch requesting annexation of 156.9± acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio and approval of the associated Annexation Agreement. Attachments: Location Map Aerial Annexation Agreement e. CPA-1703 CPA-1703, Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include 156.9± acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio as Medium Density Residential. Attachments: Location Map Aerial Future Land Use Map 4. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 2 Printed on 211612017 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: AN-1701, Version: 1 ITEM DESCRIPTION: AN-1701 - Parker Mynchenberg requesting annexation of 48.5± acres of land located at 100 Whaler Way and approval of the associated Annexation Agreement. OWNER: Boston Whaler, Inc. REQUESTED ACTION: Annexation LOCATION: 100 Whaler Way AREA: 48.5f acres PROPOSED USE: Manufacturing Facility CURRENT LAND USE: Manufacturing Facility FLUM DESIGNATION: Volusia County Industrial ZONING DISTRICT: Volusia County I-3W (Waterfront Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use UMDesignation oningDistrict orth acant xed Use 11ndian RPUD (Residential Planned Unit Development) ast Indian River River Indian River South Vacant Volusia County Industrial Volusia County I-3W (Waterfront Industrial West CartTech/Halifax Hospice/Florida Roadhouse Industrial and Commercial I-2 (Light Industrial) and B-3 (Highway Commercial) Background: The Boston Whaler boat manufacturing company was founded in 1958 and moved their headquarters from Boston to Edgewater 1987. In 2015 they added 100 workers bringing their workforce to over 600; many of whom are residents of the City of Edgewater. January 2015 saw the completion of a nearly 60,000 square -foot expansion to their facility. The applicant is requesting annexation of the existing facility into the City of Edgewater. The property is contiguous to the City's boundaries and within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. The associated Annexation Agreement will be incorporated into the Ordinance annexing the property and relates to the future expansion of the existing development and includes the 60f acres to the north. City of Edgewater Page 1 of 2 Printed on 2/16/2017 powered by LegistarTM File #: AN-1701, Version: 1 The Future Land Use and Zoning Maps will be amended simultaneously with the annexation. Land Use Compatibility: The facility has existed since 1987 and is compatible with the surrounding area. Adequate Public Facilities: The site has vehicular access via South Ridgewood Avenue and is currently served by sanitary sewer and potable water. Comprehensive Plan Consistency: Policy 1.8.2: Reducing Land Use Conflicts. In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of 48.5f acres of land located at 100 Whaler Way and approval of the associated Annexation Agreement. City of Edgewater Page 2 of 2 Printed on 2/16/2017 powered by LegistarTM LP covoP �P Po10E 0 00 OR <O QG N 2 yo v �PGPRp�N�P GOS�PR`GP Q �PQoP � ELPPp�� RIO p�MPS GRAND- GOS < y 0 m ��po0\Npo BO EIR as 2 s moo C'SIX Lu GRP 0 74 N� CLINTON CEMETERY EDGE WATER O�� G � Cy ®Subject Property A'PFss Or. Dare: vW2017 f— 44 1 VS., �� I �..�. �• �, •gyp'► �� r F �f �s ------------- iubject Property `� v urtes-y,&S=.Ea'rths\Oebgr�aphics :I•,c 017Micros ft / Date: 21312C I r `I- �� 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 BOSTON WHALER ANNEXATION AGREEMENT This agreement ("Agreement") is made and entered into this day of , 2017, by and among the CITY OF EDGEWATER, FLORIDA, a Municipal corporation, located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"), and BOSTON WHALER, INC. a Foreign Profit Corporation, whose address is Brunswick Corporation, 1 North Field Court, Lake Forest, Illinois 60045-4811 (herein after referred to as "Owner") (the City and Owner are sometimes individually referred to as "Party," or collectively referred to as the "Parties"). WHEREAS, the Owner owns fee title to certain properties more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the property described in Exhibit "A" is referred to herein as the "Property"; and and WHEREAS, the Owner with sole decision making authority for the Ownership Entities, WHEREAS, the Owner represents to the City that the Owner has authority to enter into this Agreement; and WHEREAS, the Owner is considering the purchase of adjacent property to be used as an Boston Whaler Annexation Agreement 2017-0-03 1 accessory use for the expansion of their existing facility; and WHEREAS, the City has encouraged the Owner to annex the Property into the City; and WHEREAS, the City acknowledges the continuing permanent benefit which the City will receive by virtue of annexing the Property and acquiring the right to provide municipal services to the Property; and WHEREAS, the City recognizes the economic benefit of the annexation as a public purpose pursuant to s. 166.021(8)(b) and (c), Fla. Stat., and WHEREAS, the City has determined that the existing development and proposed expansion for this Property will be of substantial benefit to the City and its citizens, and the City has determined that it is feasible to provide and extend to the Property municipal services such as police protection, fire protection as well as sanitary sewage collection and treatment, potable water and storm drainage maintenance in accordance with the provisions of this Agreement and the City Code: and WHEREAS, the Owner petitioned for annexation of the Property in reliance on and in consideration of, the offer of such municipal services by the City and the City's commitments regarding the existing and contemplated additional development of the Property; and WHEREAS, the Owner's willingness to annex the Property into the City is dependent upon the City's commitments regarding the existing and contemplated additional development of the Property and the provision of municipal services, as set forth in this Agreement; and WHEREAS, the terms and conditions set forth in this Agreement are consistent with and further the goals, objectives and policies of the City's Comprehensive Plan and are consistent with the City's Land Development Regulations, specifically including but not limited to, those regulations that promote flexibility by eventually considering amending such zoning to include Boston Whaler Annexation Agreement 2017-0-03 2 the City's Mixed Use Planned Unit Development (MUPUD) Zoning District; and WHEREAS, section 171.062(2), Fla. Stat., provides that Volusia County's land use plan land development regulations continue in full force and effect after the annexation and until the City amends its comprehensive plan to include the Property; and WHEREAS, the City is concurrently processing an Amendment to the Comprehensive Plan Future Land Use Map to designate the Property as Industrial; and WHEREAS, the Parties hereto desire to enter into this Agreement to facilitate additional development of the Property in a manner that is mutually agreeable and is set forth certain terms and conditions affecting the future additional development of the Property that are material inducements to the Owner to annex the Property into the City; and WHEREAS, the Parties hereto acknowledge and warrant to each other that this Agreement, including and future acts as required hereby, is binding and enforceable on the City and the Owner in accordance with the Agreement terms. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, each to the other provided, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS AND EXHIBITS The above Recitals are true and correct, are incorporated herein by reference and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. Boston Whaler Annexation Agreement 2017-0-03 3 2. PERMITTED USES The City acknowledges that the Property is currently located in the unincorporated Volusia County and is presently zoned as Industrial and operating as an industrial manufacturing facility. As such, the Property is ideally situated to allow for additional expansion by adjoining the adjacent property and allowing for additional development opportunities. The adjoining of such properties will allow for application to amend zoning to a Mixed Use Planned Unit Development to include a variety of Industrial, Mixed Use, Commercial and Recreational facilities. The City recognizes the importance of supporting such manufacturing operations and further promises not to consider any amendment to zoning of this property to a zoning category that would prohibit such manufacturing activity that is a lesser intensity as is provided prior to such annexation. The City further acknowledges that such manufacturing may occasionally create noise, odor, dust and light that may occasionally generate complaints from neighboring properties and as such the City shall not amend the codes to reduce such noise, odor, dust and light as was permitted prior to the annexation of this industrial property and permitted by FDEP. The City finds that the proposed MUPUD zoning to include Industrial, Mixed Use Commercial and Recreational facilities are generally consistent with its vision for this area, and to that end, the City will amend the City's Comprehensive Plan Future Land Use Map to designate the Property as Industrial. The City further acknowledges that it will duly consider an application for MUPUD zoning to include this Property and if combined with the property immediately bordered to the north of this property, to permit the following uses: a) Heavy Industrial b) Light Manufacturing Industrial c) Manufacturing Boston Whaler Annexation Agreement 2017-0-03 4 d) Commercial / Retail Uses e) Recreational Uses f) Outdoor Storage g) Boat Manufacturing and Storage h) Stormwater Retention and Detention Facilities i) Open Space j) Boat Ramps and Boat Docks k) Municipal Park 1) Conservation and Tree Preservation m) Stormwater Management Facilities Any future development within the Property shall be developed in compliance with all applicable City ordinances, resolutions, and regulations and with any applicable federal or state laws, rules or regulations in effect at the time of application for such development, unless otherwise provided herein. 3. FEE WAIVERS As an incentive to the Owner to annex the Property, the City agrees to waive all application and review fees for the City's Comprehensive Plan Future Land Use Map amendment and the MUPUD zoning process. 4. SIGNAGE The City recognizes that any signage located on the Property shall be deemed compliant and any future expansion or replacement of such signs shall be in accordance with the requirements set forth in the City's Land Development Code. Boston Whaler Annexation Agreement 2017-0-03 5 5. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR MATTERS To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance as of the date of final execution of this Agreement, this Annexation Agreement shall control. The failure of this Agreement to address a particular permit, condition, term or restriction concerning the Property, however, shall not forgive the necessity of complying with the law governing said permitting requirements, condition terms or restrictions. 6. APPEAL If the Owner is aggrieved by any City official interpreting the terms of this Agreement, the aggrieved party shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision. If the Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal shall be initiated within fifteen (15) days of the adverse decision by filing of a written request with the City Manager for placement of the issue on the City Council agenda. The appeals before either the City Manager or the City Council shall be de novo. 7. EFFECTIVE DATE: AGREEMENT RUNS WITH THE LAND In consideration of the mutual promises set forth in this Agreement, the parties acknowledge and agree that this Agreement is binding on both Parties after final execution of this Agreement by both Parties, and is thereafter irrevocable. Further, this Agreement and all other rights and obligations of the Parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of the Parties hereunder and their respective successors in title after recording pursuant to paragraph 13 of this Agreement. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE Boston Whaler Annexation Agreement 2017-0-03 6 PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. The Property shall be deemed a single parcel and any sub parcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. Upon execution by all parties, the City shall record the Agreement with the Volusia County Clerk of Court. The cost of recording shall be paid by the City. 9. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 10. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 11. AMENDMENT This Agreement constitutes the entire agreement between the Parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the Parties only in writing by formal amendment which shall be reviewed and approved by the City Council without prior review by the City's Planning and Zoning Board. Any amendment shall be recorded upon its execution with the Volusia County Clerk of Court. The cost of recording shall be paid by the Party initially requesting the amendment. 910 NI Y 0.� IZIZ- Wl I ole"I11_Y_CI]11 The Parties agree that at any time following a request therefore by the other Party, each shall Boston Whaler Annexation Agreement 2017-0-03 7 execute and deliver to the other Party such further documents and instruments, in form and substance reasonably 13. SPECIFIC PERFORMANCE Either the City or the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 14. ATTORNEYS' FEES In the event any Party finds it necessary to commence an action against any other Party or Parties to enforce any provision of this Agreement or because of a breach by the another Party or Parties of any term hereof, the prevailing Party shall be entitled to recover from the non - prevailing Party or Parties the prevailing Party's reasonable attorney's fees. Attorney's fees, legal assistant's fees and costs incurred in connection therewith, at administrative, trial and appellate levels, including bankruptcy proceedings, shall be recoverable as well under this paragraph, regardless of whether or not legal, equitable or administrative action is filed, or whether or not final order or judgment is entered. 15. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 16. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 17. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any Boston Whaler Annexation Agreement 2017-0-03 8 reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. Approval of the City Council to enter into this Agreement occurred on the day of ATTEST: BY: Robin L. Matusick City Clerk/Paralegal 2017. "CITY" CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA BY: Michael Ignasiak Mayor (Signature Blocks Continue on Following Page) Boston Whaler Annexation Agreement 2017-0-03 9 STATE OF COUNTY OF "OWNER" BOSTON WHALER, INC. a Foreign Profit Corporation BY: Printed Name: Its: The foregoing instrument was acknowledged before me this , 2017, by as of Boston Whaler, Inc., who is personally known to me and who executed the foregoing. Printed name Notary Public, State of Florida My commission expired: Boston Whaler Annexation Agreement 2017-0-03 10 day of EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. BOSTON WHALER - EDGEWATER 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. Containing 48.5± acres more or less and being in Volusia County, Florida. Boston Whaler Annexation Agreement 2017-0-03 11 City of Edgewater Legislation Text File #: CPA-1702, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: CPA-1702 - Parker Mynchenberg requesting an amendment to the Comprehensive Plan Future Land Use Map to include 48.5f acres of land located at 100 Whaler Way as Industrial. OWNER: Boston Whaler, Inc. REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Industrial LOCATION: 100 Whaler Way AREA: 48.5f acres PROPOSED USE: Manufacturing Facility CURRENT LAND USE: Manufacturing Facility FLUM DESIGNATION: Volusia County Industrial ZONING DISTRICT: Volusia County I-3W (Waterfront Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FL UM Designation ZoningDistrict North Vacant Mixed Use RPUD (Residential Planned Unit Development) East Indian River Indian River Indian River South Vacant Volusia County Industrial Volusia County 1-3W (Waterfront Industrial West CartTech/Halifax Hospice/Florida Roadhouse Industrial and Commercial I-2 (Light Industrial) and B-3 (Highway Commercial) Background: The Boston Whaler boat manufacturing company was founded in 1958 and moved their headquarters from Boston to Edgewater 1987. In 2015 they added 100 workers bringing their workforce to over 600; many of whom are residents of the City of Edgewater. January 2015 saw the completion of a nearly 60,000 square -foot expansion to their facility. Along with the Future Land Use Map amendment, annexation and rezoning will occur for the property. Land Use Compatibility: The facility has existed since 1987 and is compatible with the surrounding area. Adequate Public Facilities: The site has vehicular access via South Ridgewood Avenue. The site is currently served by City of Edgewater Page 1 of 2 Printed on 2/16/2017 powered by LegistarTM File #: CPA-1702, Version: 1 sanitary sewer and potable water. Comprehensive Plan Consistency: The property currently has a Volusia County Future Land Use designation of Industrial; amending the City Future Land Use Map to include the property as Industrial is consistent with the area as is currently developed. The Volusia County Industrial Future Land Use designation allows for 0.60 floor area ratio, however through the zoning review process, use of particular sites or areas may be limited to something less than the maximum when consistent with the underlying zoning classification standards and land development regulations. The City Industrial Future Land Use Designation allows for a maximum density/intensity of 0.5 floor area ratio. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 48.5t acres of land located at 100 Whaler Way as Industrial. City of Edgewater Page 2 of 2 Printed on 2/16/2017 powered by LegistarTM LP covoP �P Po10E 0 00 OR <O QG N 2 yo v �PGPRp�N�P GOS�PR`GP Q �PQoP � ELPPp�� RIO p�MPS GRAND- GOS < y 0 m ��po0\Npo BO EIR as 2 s moo C'SIX Lu GRP 0 74 N� CLINTON CEMETERY EDGE WATER O�� G � Cy ®Subject Property A'PFss Or. 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City of Edgewater Legislation Text File #: RZ-1702, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: RZ-1702 - Parker Mynchenberg requesting an amendment to the Official Zoning Map to include 110.5f acres of land located at 4115 S. Ridgewood Avenue and 100 Whaler Way as MUPUD (Mixed -Use Planned Unit Development) and approval of the associated MUPUD Agreement. OWNER: Boston Whaler, Inc. REQUESTED ACTION: Amendment to the Official Zoning Map to include 4 property as MUPUD (Mixed -Use Planned Unit Development) and approval of the associated MUPUD Agreement. LOCATION: 4115 S. Ridgewood Avenue and 100 Whaler Way AREA: 110.51 acres PROPOSED USE: Existing Manufacturing Facility and future offices and parking CURRENT LAND USE: Manufacturing Facility and vacant FLUM DESIGNATION: Volusia County Industrial and City Mixed Use w/ Conservation Overlay ZONING DISTRICT: Volusia County I-3W (Waterfront Industrial) and City RPUD SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Vacant and Hacienda Del Rio Commercial and County Urban B-3 (Highway Commercial) and Mobile Home Park Medium Intensity County MH-1 (Mobile Home Park) East Indian River Indian River Indian River South Vacant Volusia County Industrial Volusia County I-3W (Waterfront Industrial West Vacant/CartTech/Halifax Industrial/Commercial and I-2 (Light Industrial); B-3 (Highway Hospice/Florida Roadhouse Public Semi -Public Commercial) and County A- 1, 1- 1, and I-4 Background: The property contains two parcels; 100 Whaler Way is the Boston Whaler manufacturing facility and has been at that location since 1987 and employs over 600 individuals; the second parcel is located to the north of Boston Whaler and is currently vacant. The vacant parcel is proposed to be developed as an expansion of Boston Whaler, to include office buildings and parking. There will be a large retention area as well as a tree/conservation easement on the northern portion of the site to buffer Hacienda Del Rio from City of Edgewater Page 1 of 2 Printed on 2/16/2017 powered by LegistarTM File #: RZ-1702, Version: 1 any development. Proposed future development includes boat ramps and a fishing pier as well as two commercial parcels abutting S. Ridgewood Avenue. The associated MUPUD Agreement specifies permitted uses and development criteria for the properties. Annexation and a Future Land Use Map amendment of 100 Whaler Way is being processed simultaneously with the Zoning Map Amendment. Land Use Compatibility: The manufacturing facility has existed since 1987 and is compatible with the surrounding area. The proposed development on the vacant parcel is an effective transition between the existing residential development to the north and the existing manufacturing facility. Adequate Public Facilities: The site has vehicular access via South Ridgewood Avenue. Sanitary sewer and potable water services currently exist. Comprehensive Plan Consistency: The proposed zoning designation of MUPUD is consistent with the existing Future Land Use of Mixed -Use for the vacant parcel and the proposed Future Land Use of Industrial for 100 Whaler Way. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 110.5f acres of land located at 4115 S. Ridgewood Avenue and 100 Whaler Way as MUPUD (Mixed -Use Planned Unit Development) and approval of the associated MUPUD Agreement. 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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 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: 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 Boston Whaler MUPUD Agreement 1 2017-0-05 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. 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 Boston Whaler MUPUD Agreement 2 2017-0-05 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 C. Manufacturing D. Commercial/Retail Uses Boston Whaler MUPUD Agreement 3 2017-0-05 E. Recreational Uses F. Outdoor Storage G. Boat Manufacturing and Storage H. Stormwater Retention and Detention Facilities I. Open Space J. Boat Ramps and Boat Docks K. Municipal Park 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. Lot 1 — Industrial 70.264± Acres Lot 2 — Mixed Use Commercial 4.209± Acres Boston Whaler MUPUD Agreement 4 2017-0-05 Lot 3 — Mixed Use Commercial 3.601± Acres Lot 4 — Park/Recreational 27.436f 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. INDUSTRIAL Minimum Yard Size and Setbacks: U.S. 1 — 40' Rear —10' Boston Whaler MUPUD Agreement 5 2017-0-05 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 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 Boston Whaler MUPUD Agreement 6 2017-0-05 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 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 Boston Whaler MUPUD Agreement 7 2017-0-05 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. 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 Boston Whaler MUPUD Agreement 8 2017-0-05 detention pond(s) shall meet the applicable requirements for the St. Johns River Water Management District (SJRWM D), 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. 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. Boston Whaler MUPUD Agreement 9 2017-0-05 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 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 Boston Whaler MUPUD Agreement 10 2017-0-05 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. D. Si ng_ag_e 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 Boston Whaler MUPUD Agreement 11 2017-0-05 Code. E. Trees Trees shall be 2 1/2" 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 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 Boston Whaler MUPUD Agreement 12 2017-0-05 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. 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, 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. Boston Whaler MUPUD Agreement 13 2017-0-05 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. 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. Boston Whaler MUPUD Agreement 14 2017-0-05 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. 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 Boston Whaler MUPUD Agreement 15 2017-0-05 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. 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 Boston Whaler MUPUD Agreement 16 2017-0-05 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 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 Boston Whaler MUPUD Agreement 17 2017-0-05 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 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 Boston Whaler MUPUD Agreement is 2017-0-05 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 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 Boston Whaler MUPUD Agreement 19 2017-0-05 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. 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 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 Boston Whaler MUPUD Agreement 20 2017-0-05 entered into the date and year first written above. Approval of the City Council to enter into this Agreement occurred on the day of , 2017. "CITY" ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA BY: BY: Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor (Signature Blocks Continue on Following Page) Boston Whaler MUPUD Agreement 21 2017-0-05 "OWNER" BOSTON WHALER, INC. a Foreign Profit Corporation BY: STATE OF COUNTY OF Nick Stickler, President The foregoing instrument was acknowledged before me this day of 2017, by W Boston Whaler Inc., who is personally known to me and who executed the foregoing. Printed Name Notary Public, State of Florida My Commission Expired: Boston Whaler MUPUD Agreement 22 2017-0-05 of 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. 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. _►X 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 23 2017-0-05 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 Agreement 24 2017-0-05 O M Ld I Q o UN (f) 0 N n w Q U (n H L.� C1 r� CD � N W aw 0C) 0 Wzo Ld n r ��= 0 ry �CmJ~ W WY W 0 W (n = L�i(�LL-> �VO 7 L� m ____ }-,z _- --- J =-r------ 0 - Of Ili-� m �Y= n oq d l-A V6 L to z w w a0VWi 0 �Fw M > Z Wo NF Ld �a� w _3Wz o � I I I ow i I Q w C > I I �0 i I LLJ Q:� I W >- j Cn ~ I Q J_ I i ~ I � LL C) 11 0 \ (n Q \\ \ \ ~ O L� O Cj W IbQ00 W OLD Oco�LL: I I I I I I I I I I I I I I I I 1 I \ MINV ■ WLLI �� t�l J 0 (n L WL 2 LL N a_N Q N 0 w W - U' � I U 0 � Iwo (D�N a - OU O r) LLJ �N co O ��w r J Q 05w� 0_ m 0_ ILL. M LLJ (n U) O O �k oLJ o 0 1 IL. -- �� Ln -T==i LJ r---T- z-v--T--- l� I�0 1 1 1 1 1 LJL---1- j--I----1 OHHHHHHHH+HI++ID ~ O LL- O C1 W Ln �Q!f� U Q W NInO O 000 - N . it n�■i .I ■ fll�■ ■ II �■ r� o ■ o ■ i► i ■ �i i I I i I �I ui 00 M LL- 00N zzo F-om X500 ILL, mao U cn z_ w 0 O O N 0 5 0 0_ O m N� 0C)V) Z Z O �p00 in J In X 5 v W m N LL- C� C� N Zzo Ln-irn X r7 LLJ m 00 00 'Zo Q :0 s OL ❑0 l ZZ Noo I w O cD L__ m .r.- 00w Z Z N cn�o l X o W m r ooU) F-0 LL I z n F jZ 2\ zz V) z 0 p � > Nz. N 1.1 `. ■ o�r,�- wo �cn cn z - w 00 ocn 0_J J0Q O-w _- (if m LL. 0 0 w c� � cn 0 . LL cnz �ocw z �cn 0_�MJO Q �MJO 0��wc0= ��w,n � m L� M � m Lw 00 IL _____ O U M � Ot�i_N I I 1 I ILL e-- 1 �q 1 d'g � O O II I I w < ILL Ln IUON jO ILL. I o w o�r< ZZO C90 Jwrm ' F-OcO ZZO Nor ( MGM.. m 1 o L` cnmN I x-iLo IwmoO x�r I I ow 00o I wmM I (n I d I OQ� U IJ o_ I Cl. 1 I O cfl o LLI U� I I00(n o L� I NQN F=----, 0- - -� 1 N�o O 0 I O-)o ILL.zQNI F- Z O I I Ljmui �_------ V) � S I X L-------� z'dI U -g- i Q o 0 O wQ WM 1 N pw Few Z�- I OUP~a o v~i0_01 [ 0_0 Zui OO Q � 0_ U XQo w�co 0 O J L j LLJ M �Ldz �� O0 ON 00 C2 O m N a 0 U N Ln z w Ei 0 0 NIf)Q 0' M r 0_ 0_ m N W z J W Q 2 Z W w W J r U-) M M N (14 m 795.47' - - - 434.61' N23°01'13"W 800.04' EASURED 22'S1'36"W 500.00' PLAT ---------- ------------ ------------------ -- ---- a----------- ------------ l -0 N JIVM H 0 1 H 'S'n U Q Cj Q N U Q O O C6 LLJ U O 0 U O aQQ�O Q 0 II IJ CD Q J IJ NOOK �NCfl�Z Q w C) m r, r,6 N 0 o Q LLJ Li F- �� II Q Q J Q 0 U 0000L- C) LLB ~O a- Q JJJJJ 1) Q N EXHIBIT "C" TREES Common Name Botanical Name Inches (DBH) Elm Ulmus spp. 12 plus Hickory Carya spp. 12 plus Loblolly Bay Gordonialasianthus 12 plus Magnolia Magnolia Grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Perseaborbonia 12 plus Red Cedar Juniperussilicicola 12 plus Swamp Bay Perseapalustris 12 plus Sweet Bay Magnolia Virginiana 12 plus Sweet Gum Liquidambar Styraciflua 12 plus Sycamore Platanusoccidentalis 12 plus Turkey Oak Quercuslaevis 12 plus Cypress Taxodium spp. 12 plus Sugarberry/Hackberry CeltisLaevigata 12 plus Slash Pine Pinuselliottii 18 plus Longleaf Pine PinusPalustris 18 plus Boston Whaler MUPUD Agreement 26 2017-0-05 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: AN-1702, Version: 1 ITEM DESCRIPTION: AN-1702, Glenn D. Storch requesting annexation of 156.9± acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio and approval of the associated Annexation Agreement. OWNER: Hacienda Del Rio, LLC REQUESTED ACTION: Annexation and approval the associated Annexation Agreement LOCATION: East of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio AREA: 156.9t acres PROPOSED USE: Manufactured Home Community CURRENT LAND USE: Manufactured Home Community FLUM DESIGNATION: Volusia County - Urban Medium Intensity ZONING DISTRICT: Volusia County - MH-1 (Mobile Home Park) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Single Family Residential and Low Density RPUD (Residential Planned Unit Vacant Residential/County Development/County 134W Commercial and Urban (General Commercial) and R-4W Medium Intensity (Urban Single Family Residential) East Indian River Indian River Indian River South Vacant Mixed -Use with Conservation RPUD (Residential Planned Unit Overlay Development) West Vacant Commercial with Conservation B-3 (Highway Commercial) Overlay Background: Hacienda Del Rio is a retirement (55 plus) manufactured home community with 730 single-family units. The property was originally developed in the early 1980's.. The applicant is requesting to annex the property; the associated Annexation Agreement will be incorporated in the Ordinance annexing the property. The property is contiguous to the City's boundaries and within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. An amendment to the Future Land Use Map will occur simultaneously with the annexation and the Zoning Map City of Edgewater Page 1 of 2 Printed on 2/16/2017 powered by LegistarTM File #: AN-1702, Version: 1 amendment will follow. Land Use Compatibility: The development has existed since the early 1980's and is compatible with the surrounding area. Adequate Public Facilities: The development has access from Rio Grande via S. Ridgewood Avenue. The property is currently served with sanitary sewer and potable water. Comprehensive Plan Consistency: Policy 1.8.2: Reducing Land Use Conflicts. In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of 156.9f acres known as Hacienda Del Rio and approval of the associated Annexation Agreement. City of Edgewater Page 2 of 2 Printed on 2/16/2017 powered by LegistarTM \/ U \Npp µ0 F Fp�NG�PNP�O Z� 00 O �ptER � tAKES BUJ N O ❑ O 00 00 �G EDGE WATER VJHAIER W AV ®Subject Property 911111111111, �Lo / Dr. Dare: vaizon RELOCATION RD \ _ N �Vlwd — ewoiL OUR 7 A 44 L4 42� A* dOO ---------- ---- omp @-@UAW ® Egffd4tv 0 0 0 0 0 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 EDGEW A TER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only HACIENDA DEL RIO ANNEXATION AGREEMENT This agreement ("Agreement") is made and entered into this day of 20 , by and among the CITY OF EDGEWATER, FLORIDA, a Municipal corporation, located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"), and HACIENDA DEL RIO, LLC a Florida Limited Liability Company, whose address is 287 Club Rio Drive, Edgewater, FL 32141 (herein after referred to as "Owner") (the City and Owner are sometimes individually referred to as "Party," or collectively referred to as the "Parties"). WHEREAS, the Owner owns fee title to certain properties more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the property described in Exhibit "A" is referred to herein as the "Property"; and WHEREAS, the Owner with sole decision making authority for the Ownership Entities, and WHEREAS, the Owner represents to the City that the Owner has authority to enter into this Agreement; and WHEREAS, the City has encouraged the Owner to annex the Property into the City; and WHEREAS, the City acknowledges the continuing permanent benefit which the City will receive by virtue of annexing the Property and acquiring the right to provide municipal services to the Property; and WHEREAS, the City recognizes the economic benefit of the annexation as a public Hacienda Del Rio Annexation Agreement 2017-0-06 1 purpose pursuant to s. 166.021(8)(b) and (c), Fla. Stat., and WHEREAS, the City has determined that it is feasible to provide and extend to the Property municipal services such as police protection, fire protection in accordance with the provisions of this Agreement and the City Code: and WHEREAS, solid waste garbage collection, sanitary sewage collection and treatment, potable water, and storm drainage maintenance shall continue as provided prior to annexation; and WHEREAS, the Owner petitioned for annexation of the Property in reliance on and in consideration of, the offer of such municipal services by the City; and WHEREAS, the terms and conditions set forth in this Agreement are consistent with and further the goals, objectives and policies of the City's Comprehensive Plan and are consistent with the City's Land Development Regulations; and WHEREAS, section 171.062(2), Fla. Stat., provides that Volusia County's land use plan land development regulations continue in full force and effect after the annexation anduntil the City amends its comprehensive plan to include the Property; and WHEREAS, the City is concurrently processing an Amendment to the Comprehensive Plan Future Land Use Map to designate the Property_to a designation that provides for comparable entitlements consistent with the existing County Comprehensive Plan and County zoning for the Property, which will also allow for the potential subdivision and sale of mobile home sites and provide for internal convenience store, retail, and restaurant uses that complement the existing development; and WHEREAS, the Parties hereto acknowledge and warrant to each other that this Agreement, including and future acts as required hereby, is binding and enforceable on the City and the Owner in accordance with the Agreement terms. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, each to the other provided, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Hacienda Del Rio Annexation Agreement 2017-0-06 2 1. RECITALS AND EXHIBITS The above Recitals are true and correct, are incorporated herein by reference and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. 2. PERMITTED USES The City acknowledges that the Property is currently located in the unincorporated Volusia County and is presently zoned as MH-1W (Mobile Home Park) and operating as a Mobile Home Park with sales display flags as permitted under County zoning. The City will amend the City's Comprehensive Plan Future Land Use Map to designate the Property as Medium Density Residential, with a total of 730 units. Any future development within the Property shall be developed in compliance with all applicable City ordinances, resolutions, and regulations and with any applicable federal or state laws, rules or regulations in effect at the time of application for such development, unless otherwise provided herein, provided that the future City zoning classification for the Property permits a community club restaurant, the subdivision and sale of mobile home lots and an internal convenience store and retail within the Mobile Home Park. The City agrees to waive any fee for the rezoning of the Property if said request is received by the City within one (1) year of the execution date of this Agreement. 3. FEE WAIVERS As an incentive to the Owner to annex the Property, the City agrees to waive all application and review fees for the City's Comprehensive Plan Future Land Use Map amendment and the zoning process. The City also agrees that's its General Fund will reimburse the City's stormwater fund any differences in stormwater fees paid from said Property in order to eliminate any net increase in total summation of Ad Valorem taxes and stormwater fees, i.e. as if property remained in the unincorporated area. This reimbursement/waiver shall be for a period of 3-years. Hacienda Del Rio Annexation Agreement 2017-0-06 3 4. CONSERVATION EASEMENT Should the City acquire the property immediately adjacent to the southern boundary of the Owner's property, the City shall create a "Tree Preservation/Conservation Easement" to buffer any development that may occur of such property from the Owner's property. The Easement shall be granted to the appropriate governmental agencies consistent with section 704.06, Florida Statutes. 5. SIGNAGE The City recognizes that any signage located on the Property shall be deemed compliant and any future expansion or replacement of such signs shall be in accordance with the requirements set forth in the City's Land Development Code. 6. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR MATTERS To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance as of the date of final execution of this Agreement, this Annexation Agreement shall control. The failure of this Agreement to address a particular permit, condition, term or restriction concerning the Property, however, shall not forgive the necessity of complying with the law governing said permitting requirements, condition terms or restrictions. The City shall permit additional landscaping and signage at the southerly most entrance of the Property as envisioned in the Ridgewood Avenue Overlay Standards. 7. APPEAL If the Owner is aggrieved by any City official interpreting the terms of this Agreement, the aggrieved party shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision. If the Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal shall be initiated within fifteen (15) days of the adverse decision by filing of a written request with the City Manager for placement of the issue on the City Council agenda. The appeals before either the City Manager or the City Council shall be de novo. 8. EFFECTIVE DATE: AGREEMENT RUNS WITH THE LAND In consideration of the mutual promises set forth in this Agreement, the parties acknowledge and Hacienda Del Rio Annexation Agreement 2017-0-06 4 agree that this Agreement is binding on both Parties after final execution of this Agreement by both Parties, and is thereafter irrevocable. Further, this Agreement and all other rights and obligations of the Parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of the Parties hereunder and their respective successors in title after recording of this Agreement. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Any sub parcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. 9. RECORDING Upon execution by all parties, the City shall record the Agreement with the Volusia County Clerk of Court. The cost of recording shall be paid by the City. 10. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 11. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 12. AMENDMENT This Agreement constitutes the entire agreement between the Parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the Parties only in writing by formal amendment which shall be reviewed and approved by the City Council without prior review by the City's Planning and Zoning Board. Any amendment shall be recorded upon its execution with the Volusia County Clerk of Court. The cost of recording shall be paid by the Party initially requesting the amendment. Hacienda Del Rio Annexation Agreement 2017-0-06 5 13. FURTHERDOCUMENTATION 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 14. SPECIFIC PERFORMANCE Either the City or the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 15. ATTORNEYS' FEES In the event any Party finds it necessary to commence an action against any other Party or Parties to enforce any provision of this Agreement or because of a breach by the another Party or Parties of any term hereof, the prevailing Party shall be entitled to recover from the non - prevailing Party or Parties the prevailing Party's reasonable attorney's fees. Attorney's fees, legal assistant's fees and costs incurred in connection therewith, at administrative, trial and appellate levels, including bankruptcy proceedings, shall be recoverable as well under this paragraph, regardless of whether or not legal, equitable or administrative action is filed, or whether or not final order or judgment is entered. 16. 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. 17. 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. 18. 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 Hacienda Del Rio Annexation Agreement 2017-0-06 6 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 this ATTEST: day of , 20 Robin L. Matusick City Clerk/Paralegal CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA BY: Michael Ignasiak Mayor For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Florida. Approved as to form and legality by: Edgewater at a meeting held on this day of Aaron R. Wolfe, Esquire 2017 under Agenda Item No. City Attorney Doran, Sims, Wolfe & Ciocchetti (Signature Blocks Continue on Following Pages) Hacienda Del Rio Annexation Agreement 2017-0-06 7 STATE OF COUNTY OF by Hacienda Del Rio, LLC (Owner) The foregoing instrument was acknowledged before me this day of , 20_, as of Hacienda Del Rio, LLC, who is personally known to me and who executed the foregoing. Hacienda Del Rio Annexation Agreement 2017-0-06 Printed Name Notary Public, State of Florida My Commission Expired: EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. A PORTION OF THE JANE MURRAY GRANT AND C.E. MCHARDY GRANT, SECTION 49, TOWNSHIP 18 SOUTH, RANGE 34 EAST; A PORTION OF LOTS 1, 4, 22 AND 24, ASSESSOR'S SUBDIVISION OF THE C. E. MCHARDY GRANT, AS PER MAP THEREOF RECORDED IN MAP BOOK 3, PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; AND A PORTION OF U.S. LOTS 3 AND 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST; ALL BEING DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF THE JANE MURRAY GRANT AND C. E. MCHARDY GRANT, SECTION 49, TOWNSHIP 18 SOUTH; RANGE 34 EAST AND THE SOUTH LINE OF THE NORTH 52.465 CHAINS OF THE JANE MURRAY GRANT, SECTIONS 48 AND 49, TOWNSHIP 18 SOUTH; RANGE 34 EAST, SAID POINT BEING MARKED BY A 1" IRON PIPE; THENCE N 68' 58' 50" E, ALONG THE SOUTH LINE OF SAID NORTH 52.465 CHAINS, A DISTANCE OF 136.56 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE N 68' 58' 50" E, ALONG SAID SOUTH LINE OF THE NORTH 52.465 CHAINS, A DISTANCE OF 2611.28 FEET TO THE WESTERLY BANK OF THE INDIAN RIVER NORTH AND THE APPARENT SHORELINE; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID SHORELINE THE FOLLOWING COURSES AND DISTANCES, THENCE S 64' 52' 36" E. A DISTANCE OF 34.57 FEET; THENCE N 86' 27' 54" E, A DISTANCE OF 28.74 FEET; THENCE S 69' 58' 22" E, A DISTANCE OF 44.83 FEET; THENCE N 72' 45' 44" E. A DISTANCE OF 22.69 FEET; THENCE S 48' 51 '48" E, A DISTANCE OF 88.01 FEET; THENCE S 38' 50' 55" E, A DISTANCE OF 66.08 FEET; THENCE S 06' 21' 50" E, A DISTANCE OF 75.04 FEET; THENCE S 40° 45' 19" W, A DISTANCE OF 83.16 FEET; THENCE S 440 32' 51" W, A DISTANCE OF 68.94 FEET; THENCE S 54' 53' 13" W, A DISTANCE OF 96.92 FEET; THENCE N 67' 38' 35" W, A DISTANCE OF 30.10 FEET; THENCE S 89' 59' 55" W, A DISTANCE OF 69.60 FEET; THENCE S 54' 47' 00" W, A DISTANCE OF 48.05 FEET; THENCE S 12' 33' 36" E, A DISTANCE OF 79.52 FEET; THENCE S 18' 15' 27" E, A DISTANCE OF 62.64 FEET; THENCE S 18' 26' 42" E, A DISTANCE OF 76.09 FEET; THENCE S 19° 45' 11 " E, A DISTANCE OF 114.26 FEET; THENCE S 68' 22' 22" E, A DISTANCE OF 67.02 FEET; THENCE N 89' 51 ' 57" E, A DISTANCE OF 72.39 FEET; THENCE S 83' 00' 50" E, A DISTANCE OF 98.43 FEET; THENCE S 26' 39' 59" E, A DISTANCE OF 64.81 FEET; THENCE S 41 ° 34' 52" E, A DISTANCE OF 132.31 FEET; THENCE S 16' 29' 16" E, A DISTANCE OF 73.16 FEET; THENCE S 04' 03' 36" W, A DISTANCE OF 47.43 FEET; THENCE S 19' 47' 20" E, A DISTANCE OF 84.41 FEET; THENCE S 36' 13' 07" E, A DISTANCE OF 266.07 FEET; THENCE S 82° 45' 51 " E, A DISTANCE OF 89.41 FEET; THENCE S 13' 46' 58" E, A DISTANCE OF 130.85 FEET; THENCE S 330 53' 40" W, A DISTANCE OF 66.18 FEET; THENCE S 42' 59' 53" W, A DISTANCE OF 98.15 FEET; THENCE S 00' 36' 58" E, A DISTANCE OF 44.67 FEET; THENCE S 12° 39' 51 " E, A DISTANCE OF 110.14 FEET; THENCE S 32° 49' 27" E, A DISTANCE OF 158.81 FEET; THENCE S 37' 33' 00" E, A DISTANCE OF 171.46 FEET; THENCE S 06' 35' 06" W, A DISTANCE OF 31.77 FEET; THENCE S 78' 05' 36" E, A DISTANCE OF 35.72 FEET; THENCE S 11 ° 18' 43" E, A DISTANCE OF 22.31 FEET; THENCE S 86' 11 ' 01 " E, A DISTANCE OF 25.39 FEET; THENCE S 08' 26' 38" E, A DISTANCE OF 26.23 FEET; THENCE S 18' 55' 12" E, A DISTANCE OF 31.30 FEET; THENCE S 24' 06' 49" W, A DISTANCE OF 22.02 FEET; THENCE S 270 34' 19" E, A DISTANCE OF 12.04 FEET; THENCE S 10' 29' 21" W, A DISTANCE OF 20.25 FEET; THENCE S 11 ° 06' 09" E, A DISTANCE OF 196.77 FEET; THENCE S 22' 34' 12" E, A DISTANCE OF 107.77 FEET; THENCE LEAVING SAID SHORELINE, S 68' 40' 14" W, A DISTANCE OF 2527.98 FEET; THENCE N 22' 57' 19" W, A DISTANCE OF 458.51 FEET; THENCE S 670 02 ' 41" W, A DISTANCE OF 300.00 FEET TO THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE N 22° 57' 19" W, ALONG THE EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO. 1, A DISTANCE OF 100.00 FEET; THENCE N 67' 02' 41 " E. A Hacienda Del Rio Annexation Agreement 2017-0-06 DISTANCE OF 300.00 FEET; THENCE N 22' 57' 19" W, A DISTANCE OF 1371.79 FEET; THENCE S 670 02' 41 " W, A DISTANCE OF 300.00 FEET TO THE EASTERLY RIGHT OF WAY OF U S. HIGHWAY NO. 1; THENCE N 22' 57' 19" W, ALONG THE EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO. 1, A DISTANCE OF 100.00 FEET; THENCE N 67' 02' 41 " E, A DISTANCE OF 300.00 FEET; THENCE N 22' 57' 19" W, A DISTANCE OF 621 .86 FEET TO THE POINT OF BEGINNING Containing 156.9± acres more or less and being in Volusia County, Florida Hacienda Del Rio Annexation Agreement 2017-0-06 10 City of Edgewater Legislation Text File #: CPA-1703, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: CPA-1703, Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include 156.91 acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio as Medium Density Residential. OWNER: Hacienda Del Rio, LLC REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Medium Density Residential. LOCATION: East of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio AREA: 156.91 acres PROPOSED USE: Manufactured Home Community CURRENT LAND USE: Manufactured Home Community FLUM DESIGNATION: Volusia County - Urban Medium Intensity ZONING DISTRICT: Volusia County - MH-1 (Mobile Home Park) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Single Family Residential and Low Density RPUD (Residential Planned Unit Vacant Residential/County Development/County 134W Commercial and Urban (General Commercial) and R-4W Medium Intensity (Urban Single Family Residential) East Indian River Indian River Indian River South Vacant Mixed -Use with Conservation RPUD (Residential Planned Unit Overlay Development) West Vacant Commercial with Conservation B-3 (Highway Commercial) Overlay Background: Hacienda Del Rio is a retirement (55 plus) manufactured home community with 730 single-family units. The property was originally developed in the early 1980's. The applicant is requesting to include the property on the Comprehensive Plan Future Land Use Map as Medium Density Residential; which is consistent with the current Future Land Use Designation of Volusia County Urban Medium Intensity. City of Edgewater Page 1 of 2 Printed on 2/16/2017 powered by LegistarTM File #: CPA-1703, Version: 1 The property is simultaneously being annexed into the City and the Zoning Map amendment will follow. Land Use Compatibility: The development has existed since the early 1980's and is compatible with the surrounding area. Adequate Public Facilities: The development has access from Rio Grande via S. Ridgewood Avenue. The property is served currently with sanitary sewer and potable water. Comprehensive Plan Consistency: The proposed Future Land Use Designation of Medium Density Residential allows for 4.1 to 8 dwelling units per net acre which is consistent with the current Volusia County Future Land of Urban Medium Intensity which allows for greater than four (4) to eight (8) dwelling units per acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Future Land Use Map to include 156.9f acres known as Hacienda Del Rio as Medium Density Residential. City of Edgewater Page 2 of 2 Printed on 2/16/2017 powered by LegistarTM \/ U \Npp µ0 F Fp�NG�PNP�O Z� 00 O �ptER � tAKES BUJ N O ❑ O 00 00 �G EDGE WATER VJHAIER W AV ®Subject Property 911111111111, �Lo / Dr. Dare: vaizon RELOCATION RD \ _ N �Vlwd — ewoiL OUR 7 A 44 L4 42� A* dOO ---------- ---- omp @-@UAW ® Egffd4tv 0 0 0 0 0