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2019-O-02 - Hawks Gate BPUD 511612019 9:10:48 AM Instrument#2019096519#1 Book:7695 Page:621 ORDINANCE NO.2019-0-02 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY FR (FORESTRY RESOURCE) AND A-2 (RURAL AGRICULTURE) TO CITY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT)FOR 160± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF INTERSTATE 95 AND NORTH OF S.R. 442 (INDIAN RIVER BOULEVARD), EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERA131UTY 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. Michael Lopez is the applicant on behalf of Hawks Gate,LLC, owner of property located west of interstate 95 and north of S.R. 442 (Indian River Boulevard) within Volusia County,Florida. Subject property contains approximately 160±acres. 2. The applicant has submitted an application for a change in zoning classification from County FR (Forestry Resource) and A-2 (Rural Agriculture) to City BPUD (Business Planted Unit Development)for the property described herein. 3. On March 13, 2019, 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. Struck through passages are deleted. I Underlined passages are added. Irs:rument#2019096519 #2 Book:7695 Page:622 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 County FR (Forestry Resource) and A-2 (Rural Agriculture) to City BPUD (Business Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto incorporated as Exhibit`B'j. 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. Struck thmugh passages are deleted. 2 Underlined passages are added. Instrument#2019096519#3 Book:7695 Page:623 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 ciroumstance. 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 Conroy, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on April 1,2019,was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X District 2 VACANT Councilwoman Meagan O'Keefe X Councilman Gary T.Conroy X Struck through passages are deleted. 3 Underlined passages are added. Instrument#2019096519#4 Book:7695 Page:624 Atter Motion to approve by1�e..r.e.. with Second by�a'.__-:���_:y�svv-s� t=•>tap � the vote on the second reading/public hearing of this ordinance held on May 6,2019,was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kim Yaney Councilwoman Meagan O'Keefe Councilman Gary T. Conroy '�4 PASSED AND DULY ADOPTED this 6a'day of May,2019. ATTEST: CITY COUNCIL OF THE CITY OF EDQEWXTAr,R, RIDA /i Robin Matusick F Mike Th as City Clerk/Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 6`u day of legality by: Aa en R. Wolfe,Esquire May,2019 under Agenda Item No. 8 C-, . City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Struck through passages are deleted. 4 Underlined passages are added. Instrument#2019096519#5 Book:7695 Page:625 EXHIBIT"A" LEGAL DESCRIPTION A portion of Section 6, Township 18 South, Range 34 East, Volusia County, Florida, lying southwesterly of Interstate 95, being described as follows: Commence at the southeast corner of said Section 6; thence North 890 44'48" West, along the south line of said Section 6 a distance a distance of 1547.80 feet.thence North 000 15' 12"East a distance of 5905.65 feet to the westerly right of way of Interstate 95; thence 191.43 feet along arc of a curve to the right being non- tangent with the last described line, said curve having a radius of 8419.42 feet, a central angle of 10 19' 10"-and a chord of 191.42 feet which bears South 220 50' 29"East; thence South 220 11' 19" E, along a line non-tangent to said curve and along said westerly right of way of Interstate 95, a distance of 670.91 feet; thence continuing along said westerly right of way the following eight(8) courses; South 220 111 10" East. a distance of 1237.16 feet; thence South 220 11' 3T' East,a distance of 1206.17 feet;thence South 22° 11' 45"East a distance of 1523.09 feet;thence South 140 31' 29" East. a distance of 1008.99 feet; thence South 08'27' 46"East,a distance of 299 .54 feet thence South 770 55' 29" West, a distance of 264.58 feet: thence South 890 41' 55" West, a distance of 332.81 feet; thence South 00° 18' 05"East, a distance of 110.74 feet to the Point of Beginning. Containing 160.0 acres more or less. Struck through passages are deleted. 5 Underlined passages are added. Instrument#2019096519#6 Book:7695 Page:626 HAWKS GATE CENTER BUSINESS PLANNED UNIT DEVELOPMENT(BPUD)AGREEMENT THIS AGREEMENT is made and entered into this day of ry-liQLi , 2019 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, HAWKS GATE,LLC, a Florida Limited Liability Company, whose address is 2103 ocean Drive, New Smyrna Beach, Florida 32169 (herein after 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 m follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately I60f acres located at the northwest corner of Interstate 95 and Indian River Boulevard Extension, in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal Description.The record owner of the subject property is Hawks Gate, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The Developer shall commence construction as defined by the Master Plan, dated March S, 2019 (Exhibit "B'J within twenty-four (24) months of the effective date of this Agreement. Each separate development must submit a site plan for approval;a site plan for a building of more than 100,000 square-feet of enclosed usable area must be approved by City Council prior to commencement of any authorized work. The Agreement may be extended by mutual consent of Hawks Gate 1 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#7 Book:7695 Page 627 the governing body and the Developer, subject to a public hearing. Commencement of construction, as used in this paragraph, means to begin performing onsite 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 stomwater discharges from the site may be required. Final approval shall include, but not be limited to transportation improvements, utilities, smmwater, traffic, fire rescue, fire hydrants, law enforcement, environmental, solid waste containment,and planning elements. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC). 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. a. Proportionate Fair Share and Coacturencv The Landowner, the City of Edgewater and impacted entities, defined as community development districts and owners of property contiguous to West Indian River Boulevard from Interstate 95 to a point one and a half (1.5) miles west of I-95 shall enter into an written agreement that addresses all matters of concurrency (including methodology), provisions for cost-sharing and reimbursement of public infmstrncture improvement costs related to the development of lands subject to the agreement (the "Road Network Concurrency Agreement"). A copy of the Road Network Concurrency Agreement is attached as Exhibit "C" and Hawks Gate 2 BPUD Agreement Ordinance No.2019-"2 Instrument#2019096519#8 Book 7695 Page:628 incorporated by reference hereto, (the "Road Network Concurrency Agreement'). The Road Network Concurrency Agreement shall specifically provide a framework fm calculating costs, phasing improvements, and apportioning fiscal responsibility for concurrency facilities which may include, but are not limited to, Indian River Boulevard, the Indian River Boulevard Exomsion/I-95 interchange, and the Williamson Boulevard extension south of SR 44 to West Indian River Boulevard. Finally, the Road Network Concurrency Agreement shall outline potential funding mechanisms for the provision of public infrastructure improvements including, but not limited to, impact fees, proportionate fair share pipelining, special assessment districts, cost-sharing agreements,and/or impact fee credits which will result in a master plan for the lands developing west of Interstate 95 in the City. Each site plan and subdivision submittal packet for the Property must include a Site Plan Concurrency Agreement signed by all parties to the Road Network Concurrency Agreement pursuant to the terms of the City of Edgewater Comprehensive Plan. At minimum, each Site Plan Concurrency Agreement most ensure that the proposed development is consistent with this Agreement and the Road Network Concurrency Agreement, and that any proposed lots and improvements will function adequately with previously subdivided lots and infrastructure on the Property.The City shall not be responsible for any costs related to construction of roads or reimbursement of costs related to such. b. Development Uses Permitted i. Agricultural uses (prior to site development) such as silviculture field crops, grazing land, grass land pastures and uses accessory thereto. ii. Big Box Stores which may have a drive-up loading area provided that the building is located a minimum of 660 feet from the Indian River Boulevard Extension right-of way line. iii. Bowling alleys iv. Business offices V. Convenience food stores, including the sale of gasoline Hawks Gate 3 BPUD Agreement Ordinance No.2019-"2 Instrument 42019096519 #9 Book:7695 Page:629 A. Educational facilities,Public and/or Private vii. Financial institutions with or without drive thin lanes viii. Forestry management and silviculture activities, prior to site development, conducted in accord with the Department of Environmental Protection Silviculmml Best Management Practices Manual ix. Furniture and Appliance Showrooms X. Home improvement supply stores xi. Hotels, licensed by the Florida Department of Business Regulation, Division of Hotels and Restaurants,Bureau of Hotels and Restaurants, as a hotel xii. Medical Care and services xiii. Offices,General,Professional and Real Estate Offices,Medical Offices xiv. Personal Services as defined in the LDC xv. Public and Semi-Public Uses, including churches, schools, post offices and utilities,but does not include cemeteries. xvi. Restaurants,with or without drive-tbm xvu. Retail sales and services xviii. Storage facilities — must be setback a minimum of 1,000 feet from the Indian River Boulevard Extension right-of-way line and permitted only upon approval of a City Conditional Use Permit xix. Supermarkets xx. Theaters c. Minimum Lot Standards Minimum Lot Size: 1 acre Minimum Lot Width: 150-feet Yard Setbacks Front 25-feet Rear 10-feet Side 15-feet Side Corner 25-feet Wetlands 25-feet Hawks Gate 4 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#10 Book:7695 Page:630 Minimum Building Setback: Adjoining Commercial: 50-feet,measured from Property perimeter Adjoining Residential: 100-feet,measured from Property perimeter Maximum Height 50-feet Maximum Building Coverage 30 % Maximum Impervious Coverage 75% A maximum of 3 lots shall be permitted along the frontage of Indian River Boulevard Extension. d. Parking The number, size and location of parking spaces shall comply with the requirements of Section 21-56, Parking and Loading Requirements, of the City LDC, as amended. However, up to 50% of the non-ADA required parking may be located on the side or rear or buildings. Handicap parking will meet ADA requirements. e. Entrance/Roads Access to the Property from Indian River Boulevard Extension,including the number and placement of points of access, shall be consistent with the Master Plan and Road Network Concurrency Agreement, no other connections to Indian River Boulevard Extension shall be permitted unless otherwise specified. However, the number and points of access along the westerly Properly boundary as depicted in the Master Plan are illustrative only and alternative locations may be permitted with a fully executed Cross Access Agreement with adjoining property owners. All roads within the Property shall be dedicated to the City of Edgewater and shall meet the following width requirements: Hawks Gate 5 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#11 Book:7695 Page:631 Main Entrance Road: 100-foot ROW, with sidewalks on both sides and I o-feet between the edge of road and sidewalks to allow sufficient room for shade trees to grow over time. Internal Roads 50-foot ROW The road system within the Property shall be dedicated to the City of Edgewater as part of subdivision platting or site plan approval,whichever occurs first.The minimum 50-foot right-of- way width for Internal Local Roads shall include 20 feet of pavement with a two-foot(2')Miami curb and gutter for each side of the road, which shall be constructed to the City's Standard Details,with a sidewalk on one side. f. Trees Minimum Tree Protection Requirements within the current LDC shall be met; any rea with insufficient trees shall be supplemented with additional plantings. Preservation Areas depicted on the Master Plan may be utilized to meet said requirements. Minimum number and type of trees shall meet the requirements of the current LDC. g. Landscaping and Irrigation Landscaping and irrigation plans, including required buffer yards,must be submitted with the site plan and shall comply with the current LDC. A 50-foot landscape buffer of existing natural vegetation shall be maintained at the Property line perimeter; however,signage consistent with Paragraph 3(i) for those lots fronting Indian River Boulevard Extension and the Multi- Tenant Sign may be placed within perimeter landscape buffers, and the perimeter landscape buffers along Indian River Boulevard Extension and the westerly Property line may be bisected with additional points of road network access with a fully executed Cross Access Agreement Hawks Gate 6 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#12 Book:7695 Page:632 with adjoining property owners. Landscape buffers with insufficient plantings shall be supplemented with additional plantings to meet the minimum requirements of the City LDC. h. Signage One monument sign, as defined by the LDC, per parcel with frontage on Indian River Boulevard Extension shall be permitted subject to the following limitations. Maximum Height: 8-feet Maximum Copy Area: 60 square-feet One Multi-Tenant/Development Sign shall be permitted at the main entrance on Indian River Boulevard Extension, regardless of subdivision or ownership pattern on the Property and subject to the following limitations: Maximum Height: 12-feet Maximum Copy Area: 150 square feet All other signage shall meet the requirements set forth in the current LDC. No billboards shall be permitted, any existing billboards on the Property shall be removed prior to site plan approval. i. Easements Developer agrees to provide, at no cost to the City, all required easements (on and off- site) for drainage, water, sewer, reuse and electrical utility service consistent with this Agreement j. Architectural and Site Plan Standards All building architecture and signage shall incorporate "Old Florida" style, which includes but is not limited to materials such as metal seam hip style roofs, lap siding walls, and coquina ruck accents or a clearly identified architectural style that provides for the timeless and Hawks Gate 7 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#13 Book:7695 Page:633 classic design goals of the City of Edgewater. All site plan submittals shall include proposed elevations for architecture and signage to review for consistency with this Agreement. Developers of each commercial site are encouraged to utilize green building techniques. k. Preservation Areas Unless otherwise specified herein,all Preservation Areas and perimeter landscape buffers depicted on the Master Plan shall remain preserved in perpetuity. I. Floor Area Ratio. The Floor Area Ratio for Property and any subdivided lots shall not exceed 0.5. m. Commercial Square Footage The total development square footage constructed on the Property shall not exceed 936,000. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future land Use designation is Commercial with Conservation Overlay and the zoning designation is BPUD(Business Planned Unit Development)as defined in the City LDC. 5. PUBLIC FACILITIES a. All utility services shall be underground. b. Off-site improvements are the Developer's responsibility and shall be required prior to the issuance of a Certificate of Occupancy and City inspection approval and shall meet all City,County and/or State requirements and approval. c. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal,state,and local standards. d. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Hawks Gate 8 BPUD Agreement Ordinance No.2019-"2 Instrument#2019096519#14 Book:7695 Page:634 e. Developer, at the time of development, shall provide all public facilities to support this project including the following: i. Water Distribution System including fire hydrants 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 nearest point of connection. All water distribution systems shall be "looped" wherever possible in order to prevent any future stagnation of water supply. All water main distribution systemimprovementswill be installed by the 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 issuance of the Certificate of Occupancy. ii. Sewage Collection and Transmission System. Developer agrees to connect to and utilize the Citys wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the 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 issuance of the Certificate of Occupancy. iii. Stormwater collection/treatment system, including outfall system. The retention and detention pond(s) shall meet the requirements for the St. Johns River Water Management District and the City of Edgewater LDC. Developer is required to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an off-site drainage easement space if necessary. The on-site 100-year flood elevation shall be Hawks Gate 9 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#15 Book:7695 Page:M established to the satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be provided for per the requirements set forth in Article 1V (Resource Protection Standards) of the LDC, as may be amended from time to time. The POA shall maintain stormwater areas within subdivision common area tracts. iv. Reclaimed Water Distribution System. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall install a central reclaimed water irrigation distribution system constructed to City standards 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. Water will be provided initially by onsite irrigation wells, potable water, or surface water withdrawal until reclaimed water is available to the Development and all irrigation systems shall be approved by all applicable regulatory agencies. Once reclaim is provided to the area the development must covert irrigation systems to the reclaim water system within 180 days of availability. v. All required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FOOT standards and approved by the City. vi. Sidewalks and bike trail shall be installed by the Developer as follows: Hawks Gate 10 BPUD Agreement Ordinance No.2019-"2 Instrument#2019096519#16 Book:7695 Page:636 1. A 10-foot public sidewalk/bike trail shall be installed along the north side Indian River Boulevard Extension within the right of way. Said bike trial shall be consistent with the design with the public bike trail on the south side of Indian River Boulevard Extension within the right-of-way. 2. Six-foot (6') public sidewalks shall be installed along both sides within the right-of-way of the main entrance road. 3. Four-foot (4')public sidewalks shall be installed along one-side of all interior roads. All interior sidewalks shall be developed per current LDC requirements. Developer shall provide a bond or surety in a forth acceptable to the City in the amount as established in the current Fee Resolution, per lineal foot for two (2) years for each separate development after the sidewalks are deemed complete by the City. Sidewalks shall be constructed and approved by the City and connected to the sidewalk and bike trail network beginning at Indian River Boulevard Extension prior to issuance of the fust Certificate of Occupancy for a subdivided lot. If said sidewalks are not completed within two (2) years of initial construction,then the Developer will install any remaining portion of said sidewalks. Sidewalks shall be approved by the City during the site plan review. All interior sidewalks shall be developed pursuant to current City LDC requirements. Developer shall provide a bond or surety in a form acceptable to the City in the amount stated in the current fee resolution per lineal foot for two(2)years for each separate development after the sidewalks are deemed complete by the City. Sidewalks shall be constructed and Hawks Gate 11 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#17 Bock:7695 Page:637 approved by the City prior to the issuance of a Certified of Occupancy for an approved site plan. vii. Streetlights shall be installed by the Developer at all entrances and intersections and shall meet the requirements set forth in the LDC prior to issuance of the Certificate of Occupancy on the first lot. The POA will be responsible for construction and maintenance of the streetligbts; including payment to Florida Power and Light for maintenance and power consumption. Outdoor lighting will comply with the International Dark Sky Association standard. 6. IMPACT FEES a. Water- Pay 100% of the applicable impact fees to the City by applicant/developer at the time permit application (capacity reservation) is signed by the City. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1) year. b. Sewer- Pay 100% of the applicable impact fees to the City by applicant/developer at the time permit application (capacity reservation) is signed by the City. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1)year. c. Police, Fire, Recreation -Paid to City by applicant at the time of Building Permit application. d. 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 Hawks Gate 12 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#18 Book:7695 Page:638 contemplated by the Landowner and/or Developer, City and/or any other applicable agency. e. Volusia County Road Impact fees shall be paid to County by applicant with proof of payment provided to the City prior to a Building Certificate of Occupancy. 7. BONDS a. A Performance Bond or other acceptable financial instrument, such as a Letter of Credit may be accepted by the City to guarantee the construction of the Public Facilities described in Section 5 above and shall be 130%of the costs of all remaining required improvements. b. A Maintenance Bond equal to 10%of the cost of the infrastructure improvements shall be provided to the City prior to recording of a subdivision plat.The Maintenance Bond shall be in effect for a two (2) year period from the date of completion, as defined by the City,of the public facilities. S. 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. 9. PERMITS REOUIRED The Developer will obtain required development permits or letters of exemption prior to any clearing, removal or construction. Permits may include but not be limited to the following: Hawks Gate 13 HPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#19 Book:7695 Page:639 a. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission. b. City of Edgewater— Subdivision Plat, Site Plan approval and all applicable clearing, removal, construction and building permits. Landowner and/or Developer is responsible for costs of recording the plat upon approval by the City of Edgewater The Property may be subdivided into an undetermined number of lots; however, all proposed subdivided lots shall include sufficient area for the proposed use and all subdivisions of the Property shall proceed through both a preliminary and final plat approval process. Any clearing, removal or construction on the Property must receive site plan approval from the City prior to commencement, and any proposed development site plan submittal must include a fully executed Site Plan Concurrency Agreement.consistent with the requirements herein, as part of said submittal. A fully executed Site Plan Concurrency Agreement must be incorporated with any site plan approval prior to commencement of any authorized work. Any clearing, removal or construction on the Property must include a fully executed Road Network Concurrency Agreement, attached hereto as Exhibit`C". A fully executed Road Network Concurrency Agreement must be incorporated with any site plan approval prior to commencement of any authorized work. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspections, construction of required infrastructure improvements, and the review and approval of the site plan related to the development,including recording fees. Hawks Gate 14 BPUD Agreement Ordinance No.2019-0-02 Instr.iment#2019096519 920 Book:7695 Page:640 10. 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. landowner and/or Developer shall establish a mandatory Property Owner's Association and/or Commercial Development District for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The POA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior in any development of the Property. The mandatory POA/CDD will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas within the common area tracts as depicted on the Master Plan. 11. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with sub conditions, terms, restrictions or other requirements determined to be necessary by the City for the public health, safety or welfare of its citizens. 12. 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. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Hawks Gate 15 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#21 Book:7695 Page:641 Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 13. 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. 14. BINDING AFFECT The provisions of this Agreernenr, 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 inn with the land and shall be administered in a manner consistent with the laws of the State of Florida. 15. 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. 16. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 months, commencing 12 months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. 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 Road Network Concurrency Agreement, an approved site plan or Site Plan Concurrency 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 Hawks Gate 16 BPIID Agreement Ordinance No.2019-0-02 Instrument#2019096519#22 Book:7695 Pago:642 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. The Developer represents that the Hawks Gate Center BPUD will continue to be planned, implemented, and refined using the principles of adaptive management to: (1)ensure the best use of land, and (2) incorporate adjustments to development of the Property to economic, planning and do ,clopment needs. The Developer believes that adaptive management provides an efficient process to address risk and uncertainty inherent within long range planning and development by encouraging Flexible plans and designs, and that this approach will help account for uncertainty by providing options for adjustment given actual future conditions to help achieve specified planning goals and objectives.Although the City does not authorize the enforcement of adaptive management principles in concept or in practice with regard to this Agreement,the City agrees to allow the Developer to use such principles to the extent that it does not conflict with the terms of this Agreement or the any provisions of the City LDC. 17. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 18. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 19. 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. Hawks Gate 17 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519 #23 Book:7695 Page:643 Amendments to and waivers of the provisions of this Agreement shall be [Wade by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 20. 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. 21. 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. 22. ATTORNEYS'FEES In the event that either party, or parties to attached and/or incorporated agreements, 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 attorneys 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 net such action is prosecuted to judgment. 23. 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. Hawks Gate 18 SPUD Agreement Ordinance No.2019-0-02 Instrument#201 909 651 9#24 Book:7695 Page:644 U. 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. 25. SEVERABILITY If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OFEDGEW VFLO A Robin L.Matusick, Mich�Ei s, City Clerk/Paralegal Mayor Hawks Gate 19 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#25 Book:7695 Page:645 Witnessed by: DEVELOPER HAWKS GATE,LLC _ 41 By Robert V. Snowden.Jr. Registered Agan STATE OF FLO IDA COUNTY OF Gam. The for'gJyo`ing Inst av'art wa<s acknowled ed before me on this", pday of 2019, by UJY1P�'-t JIV JY1QOilti- , who is personally known to me or has produced F1 • (Av-;VQ�✓SS identification and who did(did not)take an oath. � n Notary Public StamplSeal „11j 8 PAULA C.WSCMIAVO aan1Y Public-Sull bi rl0l b. GOMMusub,Y GG 047908 .`'•r!s„,,,•" MY Comm.EOAires Dec 25.2020 Hawks Gate 20 BPUD Ageemem Ordinance No.2019-"2 Instrument#2019096519#26 Book:7695 Page:646 EXHIBIT "A" LEGAL DESCRIPTION A portion of Section 6, Township 18 South, Range 34 East, Volusia County, Florida, lying southwesterly of Interstate 95, being described as follows: Commence at the southeast comer of said Section 6;thence North 89°44' 48"West,along the south line of said Section 6 a distance a distance of 1547.80 feet. thence North 000 15' 12"East a distance of 5905.65 feet to the westerly right of way of Interstate 95; thence 191.43 feet along are of a curve to the right being non- tangent with the last described line, said curve having a radius of 8419.42 feet, a central angle of 1' 18' 10" and a chord of 191.42 feet which bears South 220 50' 29"East; thence South 22° 1 I' 19" E, along a line non-tangent to said curve and along said westerly right of way of Interstate 95, a distance of 670.91 feet; thence continuing along said westerly right of way the following eight (8) courses; South 220 1l' 10"East. a distance of 1237.16 feet; thence South 220 11' 37" East,a distance of 1206.17 feet; thence South 220 11'45"East a distance of 1523.09 feet;thence South 14° 31' 29"East. a distance of 1008.99 feet; thence South 08° 27' 46" East, a distance of 299 .54 feet thence South 770 55' 29" West,a distance of 264.58 feet: thence South 890 41' 55" West, a distance of 332.81 feet; thence South 000 18' 05"East, a distance of 110.74 feet to the Point of Beginning. Containing 160.0 acres more or less. Hawks Gate 21 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#27 Book:7695 Page:647 EXFPIBIT'B" MASTER PLAN � sexva _ KV ?Vl q FARMT RTH LLC \ \ -'W ROW o so WER I MA �50'BUriER 1 FARMTON OARING PARK LLC11 .��1R Hawks Gate 22 BPUO Agreement Ordinance No.2019-0-02 Instrument#2019096519#28 Book:7695 Page:648 EXHIBIT"C^ ROAD NETWORK CONCURRENCY AGREEMENT HAWKS GATE PLANNED UNIT DEVELOPMENT This Road Network Concurrency Agreement (the"Agreement"), effective as of the latest date of execution (the 'Effective Date'), is made and entered into by and among HAWKS GATE, LLC, a Florida limited liability company ("Owner"), whose mailing address is 2103 Ocean Drive, New Smyrna Beach, FL 32169; FARMTON NORTH, LLC, a Delaware limited liability company,whose mailing address is 410 North Michigan Avenue, Suite 590,Chicago, IL 60611; MIAMI CORPORATION, a Delaware corporation, whose mailing address is 410 North Michigan Avenue, Suite 590, Chicago, IL 60611; FARMTON DEERING PARK, LLC, a Delaware limited liability company, whose mailing address is 410 North Michigan Avenue, Suite 590, Chicago,IL 60611;DEERING PARK CENTER CDD,whose mailing address is 2300 Glades Road, Suite 4f0W, Boca Raton, FL 33431; [collectively "Neighboring Properties'] and CITY OF EDGEWATER, a municipal corporation, whose mailing address is 104 N. Riverside Drive, Edgewater,FL 32132, WITNESSETH: WHEREAS, Owner is the owner of fee simple title to certain real property, as shown in the project location map identified as Exhibit"A" and as more particularly described on Exhibit "E" (legal description and sketch of description), both of which are attached hereto and incorporated herein by this reference(the"Property"); and WHEREAS, Owner is rezoning the Property to allow development as a commercial BPUD(the"Project'j; and WHEREAS, the Parties desire to provide for a mad planning network and concurrency improvements with respect to the proposed Hawks Gate BPUD to allow for the orderly provision of public infrastructure and fair allocation of costs; and WHEREAS, the Owner has not determined what specific development will take place within Hawks Gate BPUD, at this time, but desires to provide a legal mechanism for Traffic Impact Analysis and contributions for concurrency, for any additional trips generated by the change of use from forestry resources and low impact urban to commercial use, and as well for other public infrastructure such as water, wastewater, fire,police and reuse irrigation water;and WHEREAS, the Parties agree that the Hawks Gate BPUD currently has an allocation of 3,451 daily trips and wish to provide a mechanism for concurrency to accommodate any project on the site and to provide for an agreement with impacted "Neighboring Properties" for allocating funds for contribution and allocation for transportation improvements as well for other public infrastructure such as water,wastewater, fire,police and reuse irrigation water. WHEREAS, the Parties desire to provide for the creation of Site Plan Concurrency Agreements that will allow individual public facilities analysis, the concurrency determinations Hawks Gate 23 BPUD Agreement Ordinance No.20130-02 Instrument#201 90 96 51 9#29 Book:7695 Page:649 and agreement between the Parties to be delayed until the time of actual use as provided during site plan review; and WHEREAS, the Parties desire to provide for the Indian River Boulevard ('TRB'� extension streetscape standards including determination of. (a) buffer and landscape standards; (b) sidewalk and bike path standards; (c) intersection standards; (d) signage standards; (e) alternate access standards that allows for the avoidance of use of IRB; and WHEREAS, the Parties desire to encourage the expansion of the road network and extension of IRB;and WHEREAS, the Parties desire to also address other public infrastructure such as water, wastewater, fire,police and reuse irrigation water. NOW, THEREFORE, for and inconsideration of the above premises, the mutual covenants and agreements set forth herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Owner,Neighboring Properties and City(the "Parties")agree as follows: Section I: Recitals. The above recitals are true and correct and are incorporated herein by this reference. 1. The Hawk's Gate property has the potential to increase trips from 3,451 trips per day to more than 63,000 trips per day, based upon the development potential of the property. Since the actual uses have not yet been determined, the actual number of trips generated could vary widely. It is not appropriate to determine allocations, until actual uses are determined and traffic impacts for those uscs arc analyzed. However, the Owner has agreed in the BDUD Agreement to a maximum square footage of 936,000. 2. It is an objective of the Parties to fairly and equitably address concurrency mitigation for development of lands west of Interstate 95 within the City. Development of Hawk's Gate is currently limited to 3,451 daily trips ("trip cap"). Although any applicant for a new site plan will continue to be required to address concurrency based on municipal, state or Federal requirements, regardless of existing trips, the Parties agree that if a proposed development, as provided in a proposed site plan, is projected to exceed this trip cap,then the Parties agree that applicant/owner will negotiate with all Partics to demonstratc that its concurrency impacts have been mitigated fairly and equitably in coordination and by cooperation with the City and Neighboring Properties within the City west of Interstate 95. This will result in a written Site Plan Concurtency Agreement,prior to any approval of a site plan or any development order or permit which will cause the trip cap to be exceeded. 3. To accomplish the objectives of the BPUD and Concurrency Agreement, an executed Site Plan Concurrency Agreement between Neighboring Properties and the City most be approved by the City to address and clarify issues related to equity in application/credit of collected fees for concurrency facilities and services (including transportation improvements) and calculation of proportionate fair share for development which will generate traffic that will exceed or is in excess of the trip cap; and agreement by Hawks Gate 24 BPUD Agreement Ordinance No.2019-0-02 Instrument#201 90 9651 9#30 Book:7695 Page:650 Neighboring Properties that the proposed site plan and elevations are consistent with Hawks Gate BPUD and Road Network Concurrency Agreement. 4. Said agreement shall address matters of concurrency(including methodology),provisions for cost-sharing and reimbursement of public infrastructure improvement costs related to the development of land subject to the agreement. The agreement shall specifically provide a framework for calculating costs,phasing improvements,and apportioning fiscal responsibility for the concurrency facilities which may include, but are not limited to, Indian River Boulevard, the State Road 442/Interstate 95 interchange, and the Williamson Boulevard extension south of State Road 44 to West Indian River Boulevard. Finally, the agreement shall outline potential funding mechanisms for the provision of public infrastructure improvements, including, but not limited to, impact fees and fee credits,which will result in a master plan for the lands developing west of Interstate 95 in the City. The agreement shall also address other public infrastructure such as water, wastewater, fire,police and reuse irrigation water. a. The project will maintain a 50' vegetated, landscape buffer along Indian River Boulevard frontage,with the exception of three (3)permitted monument signs and two (2) access roads through said buffer,the locations of which are shown on the Hawks Gate SPUD. Said landscape buffer should incorporate native vegetation in the landscape plan to create an opaque vegetative buffer for said project.Each site plan review and Site Plan Concurrency Agreement shall provide for said buffer. b. A ten (10) foot wide public sidewalk/bike path shall be provided outside of said vegetative buffer within the Indian River Boulevard right-of-way consistent with the design of the public sidewalk/bike path on the south side of Indian River Boulevard. c. Three (3) monument signs, limited to sixty (60) square feet and eight (8) feet in height shall be permitted within said vegetative buffer. d. Access points on Indian River Boulevard are limited to a four (4) lane main access road, connecting with a shopping center sign with copy area limited to 150 square feet and 15 feet in height. e. Direct access roads and sidewalk/ bike path shall be allowed between the development now known as Restoration DRI and the subject project to avoid necessary access to Indian River Boulevard, provided both Parties agree to said connections. Section 2: Utilities. This agreement does not address specific utility requirements but does require that the Site Plan Concurrency Agreements address these items. Owner shall coordinate with the City of Edgewater Utilities Director, or a designee, with respect to any utility easements necessary to accommodate appropriately-sized wastewater sewer mains or line, potable water mains or lines,and/or reclaimed water mains or lines. Section 3: Notice. Any notice delivered with respect to this Agreement shall be in writing and shall be deemed to be delivered (whether or not actually received) (i) when hand-delivered to the person(s) bereinafter designated, or (ii) upon deposit of such notice in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the Hawks Gate 25 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#31 Book:7695 Page:651 address set for opposite the party's time below, or to such address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith. As to Owner: Hawks Gate LLC 2103 Ocean Drive New Smyrna Beach,Florida 32169 With a copy to: Michael A. Lopez 2401 Swordfish Lane Edgewater,Florida 32141 As to neighboring parties: Farmton North,LLC Mr. David C.Fuechtman, Esquire The Miami Corporation 410 North Michigan Avenue,Suite 590 Chicago, Illinois 60611 Farmton Deering Park,LLC Mr.David C. Fuecbtman,Esquire 410 North Michigan Avenue,Suite 590 Chicago,Illinois 60611 Deering Park Center Cornnunity Development District 2300 Glades Road,Suite 410W Boca Raton, FL 33431 City of Edgewater Attention: City Manager 104 North Riverside Drive Edgewater,Florida 32132 With a copy to: Mr. Glenn D. Storch,Esquire Search Law Firm 420 South Nova Road Daytona Beach,Florida 32114 Section 4. Covenants Running with the Land This Agreement shall run with the Property and shall be binding upon and shall inure to the benefit and burden of the heirs, legal representatives, successors, and assigns of the parties and to any person, firm, corporation, or other entity that may become a successor in interest to the Property. Hawks Gate 26 BPUD Agreement Ordinance No.2019-"2 Instmment#2019096519 #32 Book:7695 Page:652 Section 5. Recordation of Agreement An executed original of this Agreement shall be recorded, at Owner's expense, in the Public Records of Volusia County, Florida within thirty (30)days of the Effective Date. Section 6. Applicable Law. This Agreement and the provision contained herein shall be construed,controlled,and interpreted according to the law of the State of Florida. Section 7. Time if of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section& 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 reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. Section 9. Amendment This Agreement may be amended only in writing, formally executed in the same manner as this Agreement. Section 10. Attorneys'Fees. In the event that any party finds it necessary to commence an action against the other party to enforce any provisions 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 attorneys' fees, legal assistant's fees and cost incurred to 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. Section 11. Counterparts. This Agreement and any amendment(s) tray be executed in up to five (5)counterparts, each of which shall be deemed as original and all of which shall constitute one and the same instrument. Hawks Gate 27 BPUD Agreement Ordinance No.2019-0-02 Instrument 02019096519 033 Book:7695 Page:653 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives on the dates set for below. HAWKS GATE LLC e / Y. Printe Printed Name:Raie.'' V acrJ J,.,-Je✓ Tide: A <sq s / Printed STATE OF FLOFJMA COUNTY OF Vo1v�.a The foregoing instrument was acknowledged before me by V asof HAWKS GATE LLC,ot who is known me to be the person described herein and who executed theforethis 'aJi day of Afereh,2019 and who is personally know to me or produced'r L�,,,,�-r-�L;c., as identification. CARo4N€e MICM!5 cuimiselanY riP 1prge '2 s Erplum Juno 5120?1 "turn°` EoraKrNulvytln5Wy4yp� Hawks Gate 26 BPUD Agreement Ordinance No.2019-0-02 Instriment#2019096519 434 Book:7695 Page:654 *AjtMTON NOR1 ,LLC e Witness '�`,I� I Printed Name: �qqq '� I ! Printed Name: DdM L EI1edAU dY% j� Title: Vp aF Cjmnerar Couvvicel Witness Printed Name: ShFab�[f(C(IA(` STATE OF ILLINOIS COUNTY OF COOK The foregoing instrument was acknowledged before me by Da AA C.G AppIn md:n , as Vi�� DY e(i�OYI+ ofFARMTON NORTH, LLC,a who is known by me to be the person described herein and who executed the foregoing,this IO day ofPhalsh,2019 and who is personally know to me or produced ^�''� as identification. OFFICMLSEAL NICOLE JASMONT NOTARY PUBLIC,STATE OF ILLINOIS My 9prnow Evia 06 won Hawks Gate 29 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#35 Book:7695 Page:655 T-MANDRATION Witness Printed Name: Z Printed Name:17.-iu�.G FLI LLhFYvtd-Y� Title: Q{ptuktJP VP. fve eelC se.� NfX�GK_ q Secxet Witness Printed Name: F h a I,v STATE OF ILLINOIS COUNTY OF COOK The foregoing instrument was acknowledged before me by'l)avid C .V kecin4-,L�Z.r1, as ern�IVe�fiCe Rtmdeh-I- of THE MIAMI CORPORATION,a , who is known by me to be the person described herein and who executed the foregoing,this 9A"}` day of lt4 �2,�0r19 and who is personally know to me or produced --1 as idenii ca on. OFFICIAL SEAL NICOLE JASMONT NOTARY PUBLIC, STATE OF ILLINOIS Mp g4 nmgtion ExpM 0520202/) Hawks Gate 30 SPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#36 Book:7695 Page:656 OF G Witness y: PrintedName:aZ-ry, rtig—i�,;,tc� Pririt e: iYlrK>✓ 7r+�-s Title: f<'l999- Witness Printed Name: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me by lrm"-IS , as Mr-k�4v>r of the CITY OF EDGEWATER, a who is kaown by me to be the person described herein and who executed the foregoing,this (c t` day of Mareh,2019 and who is personally know to me or produced Wy as identification. NELSEMARCIERI C9mmwiw#GG 172663 _i. E10MAugMt8,2821 `'+'�s F,.`[aMNl9nimr rdn lnaain999k5i999 Hawks Gate 31 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#37 Book:7695 Page:657 RMTON DEERI IC PARK, LLC Witness — y Printed Name: u2. Printed Name:fkjy'iJ('. �jtV�>•lmdr7 Title: Ij M&y'?'✓ W rer've111Iy J Witness Printed Name: 61WIL Qr STATE OF ILLINOIS COUNTY OF COOK The foregoing instrument was acknowledged before me by bawd r. Fua7�l�mdn, as A-1d✓tA.W of FARMTON DEERING PARK,LLC, a ,who is]mown by me to be the person described herein and who executed the foregoing,this day of March,2019 and who is personally know to me or produced as identificationmtj aMOTARfl u"'SEAL JASMONT . oc to�ttt�o s Hawks Gate 32 BPUD Agreement Ordinance No.2019-0-02 Instrument#2019096519#38 Book:7695 Page:658 Laura E. Roth,Vol usia County Clerk of Court TTRICT +CERI YNT :; W itn Printed Name: Fi. tl Printed Name: L- Title: Qulri.,t f'. Witness �r ` Printed Name: STATE OF FLORIDA COUNTY OF PALM BEACH \/p("i 4 The foregoing instrument was acknowledged before me by Q f]11,y p fC.i'1 as L°jr i�i�rn Q1� of DEERING PARK CE RCOMMUMTY DEVELOPMENT DISTRICT,a who is known b me to be the person described herein and who executed the foregoing,this /D day of 2019 and who is personally know to me or produced as identification. v� C MYreMMSsrOWerr 3JOC9 EYYIiRS'Jum'e0,]A2� ':'adF-" rydedlTLJ MOIVYPWYLI�nEYIWIITS Hawks Gate 33 BPUD Agreement Ordinance No. 2019-0-02