Loading...
Correspondence - 07-01-2019 Council Meeting o EDG ATEWR May 21,2019 Mr. Kenneth R. Hooper 1818 South Riverside Drive Edgewater, Florida 32141 Re: Edgewater Marina Project Dear Mr. Hooper: I am in receipt of your email dated May 17, 2019. In your email you request to appeal to the City Council concerning the determination of the Edgewater Marina's proposed rezoning/development in accordance with Section 21-06.01, Appeals Procedure, of the City's Land Development Code. However, as I stated in my letter to you dated May 13, 2019, it is my opinion that your objections to the proposed development do not qualify for an appeal under Section 21-06.01. The property in question does not belong to you and therefore the proposed development would not deprive you of beneficial use. In order to fall under Section 21-06.01 the decision must result in deprivation of the reasonable and beneficial use of the land. Therefore, as your objections to the proposed development do not qualify for an appeal under Section 21.06-01 you are not entitled to an appeal to the City Council. However, you are certainly free to express your concerns when this case is heard by the City Council at the June 3, 2019 public meeting. Sincerely, Glenn A. Irby Interim City Manager Office f the City Manamr P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 ext 1201•Fax(386)4242421 w w.cityofedgetoater.org Cityot EDGEWATER May 21, 2019 Ms. Maryann Thorhallsson 205 Boston Road Edgewater, Florida 32141 Re: Edgewater Marina Project Dear Ms. Thorhallsson: I am in receipt of your email dated May 17, 2019. In your email you ask to be added to an appeal of an interpretation of the City's Land Development Code which was brought by Mr. Kenneth R. Hooper. Please be advised that I have previously informed Mr. Hooper that he does not have standing to appeal under Section 21-06.01 of the City's Land Development Code. Therefore, there is no pending appeal for you to join. Furthermore, Section 21-06.01 does not provide a procedure for a person to join an appeal filed by someone else. Even if it did, you also lack standing to bring an appeal under the City's Land Development Code. Section 21-06.01 outlines the appeal process as follows: In the event any person believes that a City official has made an interpretation or determination under the Land Development Code that adversely impacts such person to the extent that such person believes in good faith that such decision results in a deprivation of the reasonable and beneficial use of the land which is the subject of the adverse interpretation rp on or determination, then such person may appeal such decision to the City Manager... As the subject property does not belong to you the proposed development would not deprive you of beneficial use. In order to fall under Section 21.06.01 the decision must result in deprivation of the reasonable and beneficial use of the land. Therefore, you lack standing to appeal under Section 21-06.01 of the Land Development Code. However, you are certainly free to express your concerns when this case is heard by the City Council at the June 3,2019 public meeting. Sincerely, (�,, A. St'V Glenn A. Irby Interim City Manager Office of the City Mnakcr P.O.Box 100.Fd".ter,FL 32132-0100 (386)424-2400 ext 1201.Fax 1386)424-2421 www.atyofedge ter.org �+ 6d Robin Matusick From: Anna Long <ALong@deanmead.com> Sent Sunday,June 30,2019 8:40 PM To: Michael Thomas;Christine Power,Kim Yaney,Megan O'Keefe;Gary Conroy Cc: Robin Matusick Michael 1, Furbush;'richk@nrsuppliers.wm' Subject Edgewater Marina-Summary Letter Responding to Public Comments Attachments: Edgewater Marina Letter to Mayor and City Council(02501891x9F8AD).pdf Honorable Mayor Thomas and Council Members: Please find attached a letter summarizing responses to public comments included in the Agenda Materials for the July 1, 2019 City Council Meeting regarding the ordinance to rezone the property f/k/a "Cameron's Marina,the associated SPUD and Right of Way Use Agreement for Boston Road. While the attached letter is not inclusive of the information the ASKI Development team will be providing tomorrow evening, it is our intent that letter serve to address some ofthe most blatant inaccuracies transmitted to the City to date regarding the revitalization project. Thank you. t�d.d c)L-)+ Qj" n'ts -41lbb� DEAN Anna Long Attorney at Law ALoro0: 407 deanmead mm M E A D O n 8.1-1200 F 40]123-18. 4074285120 M . 4843488 Dean Meatl,EgeRon,BI00dwortlt,Capouano 8 eozarth,PA. I20 5.Orange A�erxte,Suite 700,Otlando,FL 32801 wrxowveve as uw Orlando l Fat Pierce l Tallahassee l VierafW oume www.deanmead.oan ( 1 Dean,Mead,Egerton,Bloodworth,Capouano B Bonrth,PA Anomeys and Counselors A Law 420 South Orange Avenue,Suite 70D Orlando P.O.Box 2346(ZIP 328022346) Orlando,FL 32801 Fort Piece Tallahassee Tampa VeralMelboume (407)841-1200 ANNA LONG (407)423-1831 Fax w dmaomeadicon (407)428-5120 along@deanmead.com June 30,2019 VIA E-MAIL Mayor of City of Edgewater Councilwoman Christine Power Michael Thomas (cpower@cityofedgewatecorg) (mthomas@cityofedgewater.org) Kimberly Yaney Councilwoman Megan O'Keefe (kyaney@cityofedgewatecorg) (mokeefe@cityofedgewatecorg) Councilman Gary Conroy (geonroy@c ityofedgewater.org) Re: Ordinance No.2018-0-33—Richard Kowalski,Applicant,ASK[ Development, LLC—Rezoning of Property Located at 2001 South Riverside Drive,Edgewater, FL 32132 (the"Property"),from B-4(Tourist Commercial)to BPUD(Business Planned Unit Development);Associated BPUD and Right-of-Way(ROW)Use Agreement Dear Mayor and Council Members: This Firm represents the property owner,ASKI Development, LLC(ASKI). Please find this correspondence in support of the subject rezoning ordinance,the associated BPUD and ROW Use Agreement(collectively,the"Project"). As you are aware,ASKI, has been working with City Staff since shortly after purchasing the Property in 2015 to redevelop the rundown facility formerly known as Cameron's Marina,as set forth in the BPUD Agreement Edgewater Marina. The Project was recommended for approval by the City's Planning and Zoning Commission on May S,2019. The Project received approval from City Council on June 3,2019, during the first reading of the rezoning ordinance. The second reading of the ordinance to rezone the Property and to approve the Project will be brought before the City Council on July 1, 2019, I� 02499260.0 i Mayor of City of Edgewater Michael Thomas Councilwoman Christine Power Kimberly Yaney Councilwoman Megan O'Keefe Councilman Gary Conroy June 30, 2019 Page 2 ASKI is aware that out of the nearly 24,000 residents of the City of Edgewater,there is a group of individuals that oppose the Project. Some of these individuals were present at both the P&Z Committee Meeting and the June 3rd City Council Hearing. A review of record provides that the majority of those that spoke in opposition to the Project were relatives of one particular property owner, several of whom are non-City residents. Correspondence has also been submitted to the City(i.e. letters and/or e-mails)opposing the Project.Many of the e- mails/letters are duplicative(i.e.written by the same individual or related individuals). Much of the correspondence presented to the City contains imaccumte descriptions regarding the Project and/or false information rather than facts. As an example,one of the letters submitted states that the Master Plan provides for a development of some 10,600 sq.ft.Another suggests that the sea wall installed by ASK[was done so with total disregard to the shoreline abutting Indian River North. These statements are simply not true.The overall redevelopment is slightly less than 6,000 sq.ft. As to the activities previously conducted along the Property's shoreline on behalf of ASK], an application was submitted and a permit was issued by the Florida Environment Protection Department(FDEP) on July 22,2016 for the same. Copies of the permit were provided to the U.S. Army Corps of Engineers,the Volusia County Environment Permitting Division and the State Department of Community Affairs. In addition to inaccurate information set forth in the letters as noted above, several of the letters submitted in opposition to the Project are from people that either do not own property or reside in the City of Edgewater. Due to the skewed amount of information being generated by a very specific group of individuals with an agenda that appears to be in direct conflict with several of the City's stated goals,including increasing waterfront access and activity and supporting local businesses to succeed and attract private investment in the community to revitalize economic development efforts to correct blighted areas, ASKI is compelled to separate fact from fiction. Fact: In 2011 the City spent a significant amount of time and money to explore the possibility of purchasing the Property and redeveloping it in nearly the same fashion as is being proposed by ASKI. Fact:One of the most vocal opponents of the Project, a former City employee,Ken Hooper,contracted through a private consulting firm,was a vocal proponent/supporter of the City's 2011 effort to redevelop the Property in the same fashion as being proposed by ASKI. Fact: ASKI,purchased the Property with the dilapidated restaurant,tackle and bait shop and marina relying on support from the City,as set forth, in part, in the County's Comprehensive Plan, to redevelop the Property in a similar fashion as the City contemplated in 2011. 02499260A Mayor of City of Edgewater Michael Thomas Councilwoman Christine Power Kimberly Yaney Councilwoman Megan O'Keefe Councilman Gary Conroy June 30,2019 Page 3 Fact:The Master Plan submitted for approval of by the City on behalf of ASK[was revised several times to ensure that the overall development is in compliance with and/or exceeds current applicable local, State and Federal requirements. Additionally,ASKI incorporated several changes requested by the City on behalf of the adjacent property owner of Seven Mile Fish Camp. Fact: ASKI has received permit approvals from the Florida Department of Environmental Protection(FDEP)for prior activities completed, as well as those proposed and associated with the Project,i.e.FDEP Permit No.: 64.342863-002-E1, Issue Date:July 22,2016,Permit Construction Phase Expiration Date: July 21,2021 and FDEP Permit No.: 0342863-003-EI, Issue Date:November 15, 2018,Permit Construction Expiration Date:November 14,2023.The first permit noted was issued for the removal of concrete fill,and boat ramp, installation of a concrete seawall,the installation of Rip-rap and maintenance dredging. Copies of the permit were transmitted from the FDEP to the U.S.Army Corps of Engineers,the Florida Department of Community Affairs,and Volusia County. The latter permit was issued for the upland development of Edgewater Marina.Copies of this permit were transmitted from the FDEP to the St. Johns River Water Management District(SJRWMD),the Florida Fish and Wildlife Conservation Commission and the U.S.the Amy Corps of Engineers. Fact:No less than four(4)professional engineers, including the City's engineer and the FDEP's engineer have reviewed the upland development plans associated with the Project which includes a stormwater management plan that exceeds the standards required for a Class III waterbody. A copy of the permit for the upland development was also provided to engineers at the SJRMWD. Fact: The FDEP permits referenced above would not have been issued if there were outstanding issues associated with the activities/development permitted therein, especially those associated with stormwater management and any anticipated impacts to the Indian River North, a Class [II waterbody. Fact: The improvements to and the subsequent non-exclusive use of the Boston Road Right-of-Way is permissible as set forth in the proposed Right of Way Use Agreement. Use agreements between private entities and the City are not unique and have been executed on numerous occasions. Similar agreements have been used by the City of Edgewater before and are utilized routinely in surrounding cities and counties. Fact:The Project,as previously approved by the City Council on June 3, 2019,will allow for the Property to continue to be used as it has been used since the early 1940's, i.e.as a restaurant,tackle and bait shop and a marina. 02499260.vt Mayor of City of Edgewater Michael Thomas Councilwoman Christine Power Kimberly Yaney Councilwoman Megan O'Keefe Councilman Gary Conroy June 30,2019 Page 4 Fact:The issues raised by those in opposition to the Project have been vetted by numerous professionals at the City,as well as those in State and Federal Agencies. These professionals have considered stormwater,environmental,and any other redevelopment issues. These professionals have reviewed the Project based on facts. Sincerely, Anna Long O AHL:bI M: Robin Matusick,City Clerk(cityclerk@cityofedgewater.org) ozaysz6DA Robin Matusick From: Glenn Irby Sent: Monday,July 01,20191209 PM To: Christine Wofford Cc: Robin Matusick Bonnie Brown:Darren Lear Subject: FW:Target Hazard Attachments: Target Hazard Edgewater Manna.pdf Importance: High Good Afternoon, Below is an email sent and received by all yesterday from Libby Lavette. While I am not responding to her and have instructed both the Fire and Police Chiefs not to respond, I do believe you all need a response. Anytime a project of this magnitude is introduced, staff holds a very in-depth Technical Review to ensure Fire Trucks, Police Cars,Ambulances and Sanitation Trucks can access the sitels). Attached for your edification is a memorandum from Chief Lariscy about this. After review should you have concerns or questions, please call me. Glenn From: Elizabeth Lavette Imailto:libbvannlavette(cbgmail mml Sent: Sunday,lune 30, 2019 7:34 AM To: Michael Thomas; Christine Power; Megan O'Keefe; Kim Yaney; Gary Conroy; Glenn Irby;Jeff Lariscy;Joe Mahoney Cc: Kris Cunningham; Adair Ackley; Bob Chew; Steve Wonderly Subject: Fwd: Target Hazard Your Chief Mahoney and Chief Lariscy. Please respond to whether this is accurate ASAP. Libby ----------Forwarded message------- From: Michael McGauley <rngurfna live.com> Date: Sun, Jun 30,2019, 7:03 AM Subject: Target Hazard To: libbyannlavette(@.Rmail.com<libbvannlavette(a),emai1.com> An observation from a retired firefighter and concerned citizen of Edgewater: In any pre-incident plan used by Fire,Police or EMS departments,Target Hazards are always identified with concerns for special risks and additional resources needed. A Target Hazard is being created with the proposed East Boston Rd marina with these possible life, fire and environmental issues. Extremely limited access to surrounding residence for fire,ems crews and equipment due to retention ponds and walls.During peak load occupancy times this will delay valuable time for fire attack and Emergency Medical Services. t Fire,Hazardous Materials and Environmental contamination risks from boats, boat fuel storage and dispensing, with exposure concern for close near by residential structures and special need citizens. A Target Hazard is being created. Michael McGauley ret.OFD 130 Magnolia Ave. Sent from my Thone 2 Robin Matusick From: Rick Orr <rocketrick47@gmail.com> Sent: Thursday,June 27,2019 3:01 PM To: Michael Thomas Cr Christine Power, Kim yaney; Megan O'Keefe;gconroy@cityofedgew ater.org Subject: Riverside Dr. Marina Dear Sirs, I am writing to ask you to vote down the proposed development on Riverside Dr. and Boston Rd. The proposed development is way to much for the property involved. I am shocked that a majority of you voted in favor of this over development. I will not vote for any council member in the future who votes in favor for this project on July 1 St. Thank you for you time, Charles Orr, 1 I1 136th St. Edgewater, Fl. 32141 1 Robin Matusick From: Peter Ensch epeterensch@gmail.com> Sent: Thursday,June 27,201911:52 AM To: Michael Thomas Subject: Edgewater Marina Development Dear Mr. Thomas, My wife and I attended last weekend's protest of the proposed Edgewater Marina as local residents without strong feelings for or against the development. Having seen the site and plans in person we are now both strongly opposed to the development as currently proposed. Clearly ASKI Development has the right to develop the land they have purchased and to make a profit doing so; however, it seems obvious to us that the scope of the development is too large and that the impact on our community will be unacceptable: • There is insufficient parking for a restaurant of this size plus 44 boat slips. Inevitably patrons and boat owners will struggle to find puking and will resort to parking on the side of the road and in residents yards. • A restaurant of this size will generate too much traffic and noise/light pollution for an Edgewater Scenic Byway • At a time of increasing State-wide concern for the environmental health our seashores and of Mosquito Lagoon in particular, we find it shocking that there has been no full environmental impact study for this development • The effect of the development of Boston Road on those residents in closest proximity to it is unjust and unfair We have always been very complimentary of our City leadership and way in which they and all city employees care for our community. The job of city leadership is to be stewards of city resources and city land which are ultimately ours. To allow development of Boston Road in order to maximize the profit of a private company (and not even a local one) is a grave mistake and one which will hurt our community. If ASKI Development cannot meet their expectations of a certain profit without encroaching on city property they should either scale back their expectations or sell the site to someone who can make use of it without hurting the community,and the environment. Yours Sincerely, Peter Ensch&Leigh Ann Palone 1104 S. Riverside Dr., Edgewater, FL 32132 (817) 528-7879 1 The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists. Hannah Arendt z Robin Matusick From: Darlene Knight <darlenek18@gmail.com> Sent: Thursday,June 27,2019 4:32 PM To: Michael Thomas Subject: Marina& Boston road Dear Mr. Mayor I'm writing to you in regards to the manna restaurant that is on the table for approval. I have been in the Volusia County area for 20+years have many friends who live in Edgewater. I am a business owner and.[have been vice president of community development for the port on South Daytona chamber for many years and have seen many things like this happen to families due to growth. We understand growth is necessary but we have to also be reasonable on how it's going to affect these people. I also know many of the residents who are immediately adjacent to the proposed property. Please sir we beg of you to not allow Boston Road to be taken away from these residents this is a public road And would be directly affecting these residents in a very negative way. They are not opposed to a marina they welcome the growth of their community, all they're asking is that you to be reasonable about what you're doing to the residents of the community who have been residing there for many many years. I don't think anyone sitting on the city Council would approve of this if they were directly affected or their family members were directly affected. I asked you to please consider changing this allowing the marina to be built but not removing Boston Road from public access. It's Outrageous To have a retention wall just feet from their front door not to mention retention ponds dumpsters etc. it's not right please do the right thing and meet these people halfway Sincerely Darlene Knight t Robin Matusick From: Erika Blanken <eblanken@cfl.rr.com, Sent: Thursday,June 27,2019 7:07 PM To: Michael Thomas Subject: Save Riverside Drive Dear Manor Thomas, 1 would like to express my gravest concern regarding the proposed restaurant and marina on Riverside Drive and Boston Road Ido not believe that the City of Edgewater should allow a large restaurant and marina to be built on the Indian River. It is important to protect our remaining natural resources and to take a stand against those who are wanting to exploit our assets. 1 also feel that it is very unfortunate that consideration is being given to ignoring the established Land Development Code, Coastal Element, and Indian River Lagoon Management Council. This community belongs to the residents ofthe City of Edgewater and we do not want an oversized project at the end of Boston Road on the river. All 24.000 residents did not endorse this project. I do not support this project, rather l support the preservation ofthe beauty that the City of Edgewater has to offer. On Monday, July 1, 1 hope that you vote against any further advancement of this endeavor and reconsider the scope of the project so that it adheres to the environmental codes set and maintains the value and charm ofthe neighborhood. Thank You. Sincerely, Erika Blanken Resident, City of Edgewater 1409 2nd Street t Robin Matusick From: Erika Blanken <eblanken@cfl.rccom> Sent: Thursday,June 27, 2019 7:07 PM To: Michael Thomas Subject: Save Riverside Drive Dear Mayor Thomas, I would like to express my gravest concern regarding the proposed restaurant and marina on Riverside Drive and Boston Road Ido not believe that the City of Edgewater should allow a large restaurant and marina to be built on the Indian River. It is important to protect our remaining natural resources and to take a stand against those who are wanting to exploit our assets. I also feel that it is very unfortunate that consideration is being given to ignoring the established Land Development Code, Coastal Element, and Indian River Lagoon Management Council. This community belongs to the residents of the City of Edgewater and we do not want an oversized project at the end of Boston Road, on the river. All 24,000 residents did not endorse this project. I do not support this project rather 1 support the preservation of the beauty that the City of Edgewater has to offer. On Monday, July 1, I hope that you vote against arty further advancement of this endeavor and reconsider the scope of the project so that it adheres to the environmental codes set and maintains the value and charm of the neighborhood Thankvou. Sincerely, Erika Blanken Resident, City of Edgewater 1409 2nd Street t From: WAR Knowles wMlodd.@aol.com Subject: South RWenlde DMe(SRSD) Date: June 25.2019 at 6:49 PM To:MlnGw.t ?Ronta.S,9`( of Council Member; I am sending you this E-Mail in an attempt to save our Neighborhood. I have lived in the same location on Harris Circle, just off the East side of South Riverside Drive (SRSD), for 35 years. SRSD has grown from a sleepy side Street, to being a by pass from a crowded Highway! Many drivers have found South Riverside Drive SRSD, and use it as a very good Bypass, to get around traffic, and the traffic lights on US-1. South Riverside Drive (SRSD), is not designed to handle this traffic. Never mind, an increase with the proposal currently before youl It is very bumpy on SRSD, and lacks proper center line markings. On SRSD, in some places there are no center line Markings at all! Going Northbound all the way to the New Smyrna Beach, some sections of .SRSD no markings! Edgewater lacks good Visible Center Line Markings on over 50%of SRSDI But, when crossing into the NSB section, Markings are NEW and Highly Visible. These people that use SRSD as a Bypass from US-1, take advantage of this, and will pass you, even though are traveling at the posted Speed Limit! I have experienced it many times, at the stretch between Harris Circle and Boston Road, and also at other times before you get to the stop sign near the Edgewater Police Station. The Parcel in question before you, previously supported a very Tiny Marina, that had only a small Store, that sold Fishing Supplies, plus Cold Beverage, and Snack type Food. They also had a Very Small Boat Launch Ramp, and you had to go under a Small Bridge, so if any thing was sticking up on a Small Boat you were unable to use it. I believe it was designed for Row Boats! This meant traffic in and out of the parcel was very minimal. I haven't been down to the front southeast corner, and only see it from SRSD, and I believe the old Launch Ramp was done away with, in the reconfiguration of the parcel. I believe that all the people who had slips there, use to launch their boats at other locations, and drive them down or up river to their slips. With approval from whom ever controls the Waterway for Marinas and Boat Launch Ramps, they possibly could get a small Private Boat Ramp with No Parking, on the dirt end East Boston Road, where it would dump into the Indian River. However there are residence who live on or adjacent to this little Dirt Stretch, and to them this is the driveway to their property, that they have been using since their homes were built, many years ago! The Parry or Parties of the Proposal before you, want you to give them that Parcel, so that he can control it and the usage of same! The only fair solution to that problem, would be to Annex the property into a continuation of East Boston Road. If they were able to get approval, from whom ever approves Boat Slips that connect to the Indian River, and want to put in a Boat Slip at that location. It would have to be without any Parking Facilities. It could be designated a Private Ramp, utilized by the Customers who rent Boat Slips at the Marina, and for the Residents Residing Adjacent to the Extension, on the East Side of SRSD. Access could be controlled by a lock and chain, with Keys given to the Mari Operator, and the Residence living on that side of East Boston Road. MSgt, USAF, Retired Robin Matusick From: Dorothy Camerato <decamerato@comcast.net> Sent: Friday,June 28,2019 11:53 AM To: Michael Thomas Subject: 2001 S. Riverside Development Honorable Mayor My name is Dot Camerato and I sending this email on behalf of my husband Wayne and myself who reside 5-6 months a year at 1930 S. Riverside Dr., across the street from this proposed development. We have been to the Zoning Board meeting and the City Council meetings regarding this plan. Redevelopment is a good thing but I am opposed to the development of Edgewater Marina and Restaurant because of the size, the lack of appropriate land and magnitude that it will encompass along with the ramifications it will have on the pristine S. Riverside Drive area and its residents. I realize years ago Cameron's occupied that area . It was not always a place one would often visit but I was here for that and although at times it was a busy place, it certainly won't hold a candle to what will eventually happen here if this developer gets the go ahead from the city of Edgewater. I'm hoping the city has had a traffic study been done. Beside all the delivery and patron traffic, I believe there could be the potential for accidents on Boston Rd./US 1. As you know, there is a right tum only. But you know, people who aren't familiar with this area will be trying to make a left tum and that could create a dangerous problem. I've seen vehicles wanting to go South take the left, scoot around the left turn lane in front of the No Name/O'Reilly's and be on their merry way!! Dangerous to say the least. On Boston Rd. there were two "islands of cement/water diverters" if you will, that were installed. One was removed, the other - well, my opinion, let's say it's a safety hazard as it doesn't divert anything except the vehicles that have to go to the edge of the road and onto the grass of residents. I don't see water running down Boston Rd. and down E. Boston Rd. But the developer in his plans has made allowance for this with the installation of retention ponds on the E. Boston Rd. land. Is he looking out for the lifetwell being of the river??? Lastly my concern is with the public right of way of E. Boston Rd. and the lack of an egress to the commercial tax paying resident who resides there. Yes he has proposed spaces for her vehicles in his commercial parking area. But common sense should prevail here. I'm sure if it werero our Y property in jeopardy, you would be fighting with all you have to remedy this. You've heard of emergency 1 vehicles, city services, etc. etc. not being able to access that property. And, what will be her address??? If the city allows the developer to use that area of E. Boston for his parking, there will be no more E. Boston Rd. What will be the address of the family who lives there??? Mr. Mayor, I'm hoping you will see that although redevelopment is good, the entire picture needs to be addressed. Thank you for your time... z Robin Matusick From: Lauren Maledd <laurenmalecki@gmaitcom> Sent: Friday,June 28,201911:56 AM To: Michael Thomas;Christine Power, Megan O'Keefe Subject: ASKI project Mayor Thomas, Councilwoman O'Keefe,and Councilwoman Power, I am writing to implore you to reconsider your support of the ASKI project in its current form. I fully support the redevelopment of the purchased land within its own property boundaries. However, the inclusion of the East Boston Road public right-of-way should be eliminated from this redevelopment project. The harms far outweigh the benefits, if the project moves forward as currently proposed. Community support against the current proposal is increasing daily. What I am hearing on a daily basis is that they just didn't understand how big and intensive the project was,until they came down to the site to see it themselves. You have to see it to believe it. I hope you all have had the opportunity to do just that this week- The marked off areas are as accurate as we could make them based on the plans provided and our novice skill set. An old high school friend of mine drove up last evening,just to see it all for herself. She is an Edgewater resident and business person(Physical Therapist). When she saw the site, she was speechless and in tears. Outrage and disbelief have been the overwhelming reactions from the folks who have visited the site. We met with Volusia County Sheriff Mike Chitwood last night. He had the same reaction; outrage and disbelief. He enthusiastically signed our petition and stated he was opposed to the use of the East Boston Road public right-of-way,which would impact a 43-year resident, residential community,and the Lagoon in such a dramatic and negative way. The property ASKI owns could be developed into something really nice. There is a lot of land to work with there, since they cleared out the large residential buildings along with everything else. Please vote no on the current proposal which includes East Boston Road. Thank you for your time and consideration. Lauren Malecki,RN, BSN 205 E. Boston Road Edgewater, FL 32141 (386) 453-3233 t Robin Matusick From: Glenn Irby Sent: Friday,June 28,2019 12:29 PM To: Christine Wofford Subject: FW: 2001 S. Riverside Development Please see email below. From: Dorothy Camerato rmaiIto:decamerato(@comcast nett Sent: Friday,June 28, 2019 11:59 AM To: Glenn Irby Subject: Fwd: 2001 S. Riverside Development --------Original Message---------- From: Dorothy Camerato<deeamerat0(a cmncast net> Date:June 28, 2019 at 11:53 AM Subject: 2001 S. Riverside Development My name is Dot Camerato and I sending this email on behalf of my husband Wayne and myself who reside 5-6 months a year at 1930 S. Riverside Dr., across the street from this proposed development. We have been to the Zoning Board meeting and the City Council meetings regarding this plan. Redevelopment is a good thing but I am opposed to the development of Edgewater Marina and Restaurant because of the size, the lack of appropriate land and magnitude that it will encompass along with the ramifications it will have on the pristine S. Riverside Drive area and its residents. I realize years ago Cameron's occupied that area . It was not always a place one would often visit but I was here for that and although at times it was a busy place, it certainly won't hold a candle to what will eventually happen here if this developer gets the go ahead from the city of Edgewater. I'm hoping the city has had a traffic study been done. Beside all the delivery and patron traffic, I believe there could be the potential for accidents on Boston Rd./US 1. As you know, there is a right turn only. But you know, people who aren't familiar with this area will be trying to make a left turn and that could create a dangerous problem. I've seen I vehicles wanting to go South take the left, scoot around the left turn lane in front of the No Name/O'Reilly's and be on their merry way!! Dangerous to say the least. On Boston Rd. there were two "islands of cement/water diverters" if you will, that were installed. One was removed, the other - well, my opinion, let's say it's a safety hazard as it doesn't divert anything except the vehicles that have to go to the edge of the road and onto The grass of residents. I don't see water running down Boston Rd. and down E. Boston Rd. But the developer in his plans has made allowance for this with the installation of retention ponds on the E. Boston Rd. land. Is he looking out for the life/well being of the river??? Lastly my concern is with the public right of way of E. Boston Rd. and the lack of an egress to the commercial tax paying resident who resides there. Yes he has proposed spaces for her vehicles in his commercial parking area. But common sense should prevail here. I'm sure if it were your property in jeopardy, you would be fighting with all you have to remedy this. You've heard of emergency vehicles, city services, etc. etc. not being able to access that property. And, what will be her address??? If the city allows the developer to use that area of E. Boston for his parking, there will be no more E. Boston Rd. What will be the address of the family who lives there??? I'm hoping you will see that although redevelopment is good, the entire picture needs to be addressed. Thank you for your time... 2 Robin Matusick From: Denise Dail <denisedgraphics@gmail.com> Sent: Friday,June 28, 20191:51 PM To: Michael Thomas Subject: Boston Road Giveaway is WRONG!! I hope yo go out to East Boston Road and walk the site for yourself.Everyone Voting on this SHOULD! Otherwise if You Don't go and Look for Yourself, You SHOULD ABSTAIN FROM VOTING for it.The retention ponds will be 10 feet away from an existing home,and with a wall 6 feet high. If you go to the property,you will see how WRONG this is!!! On EVERY LEVEL!!! No developer should have a platted city road GIVEN to them. They Should Scale back the restaurant plans to FIT Their Property. They have already has NUMEROUS Code Violations,about seawall,mangrove,and historic tree removal. Why Should these people be Accomodated?They knew the size of the Property When They Bought 14!!! So tired of Corporate GIVE AWAYS!!!!! STOP IT!!!!! us Sincerely an Edgewater citizen, who is Tired of you Giving the Store Away to Developers. Denise R Dail 386-576-7732 t Robin Matusick From: talagajoe@yahoo.com Sent: Friday,June 28, 2019 2:52 PM To: Michael Thomas Subject: Marina Dear Mr Mayor, I'm sure you are getting a lot of e mail regarding the marina but it is from a small group. Just know the majority is in favor of a new place to have lunch on the river and bring in tax revenue. Thanks,for your time, Joe Talaga 115 Neptune dr t Robin Matusick From: rob Ziegenfus <mb40DOz@hotmail.com> Sent: Saturday,June 29,20191211 AM To: Christine Power, Kim Yaney,Megan O'Keefe;Michael Thomas;GaryConroy Subject: Concerned citizen regarding rezoning of E.Boston Rd.for ASKI Dear Mayor and City Council members, Hello,my name is Robert Ziegenfus,a resident of Edgewater. I have reviewed the proposal for rezoning of E. Boston Rd.for use by ASK] and recently viewed the location in question. Assuming you have done the same then you are already aware of the multitude of serious issues involved that would affect the residents there. If not, I urge you to make your own assessment and not go by any interested parties'word on the matter. I am writing today to plea to your morality in the hopes you share the same ethics in the treatment of our fellow residents. It might be almost expected for a developer to have no values in regard to their neighbors in the pursuit of money. However, for a city to rezone the street they live off of for their commercial use,well knowing their homes will be severely depreciated, live next to fishy dumpsters, make them more prone to flooding from the routing of their retention ponds next to their homes,and cease direct access from emergency vehicles would be inexcusable no matter what their promises of benefit to our community. I am not the only one who this has not escaped awareness, other residents and Sheriff Chitwood are abreast of the obvious injustice this would be to E. Boston rd. residents and against the rezoning. Logically speaking, if ASKI is at that level of desperation for more space than they currently have to achieve their goals at this location,then they are unrealistic in thinking the amount of land Boston Rd.would grant them would be enough to solve their issues. So simply, I implore you to not let the promise of dollar signs by people who do not care about our residents and community override your common sense and human decency when you vote. Thank you,see you Monday night. Sincerely, Robert A.Ziegenfus 1507 Monroe Dr. 1 Edgewater, FL 32132 2 Robin Matusick From: Misty Martin <misty_e_martin@yahoo.com> Sent: Saturday,lune 29,201910:50 AM To: Michael Thomas;Christine Power,Kim yaney; Megan O'Keefe;Gary Conroy Subject Do what's right please Please listen to the NEEDS of your citizens and not the WANTS ofa developer. No commercial on Riverside Drive. I've got a pretty strong feeling that if any ofyou lived in the house at the end of Boston this project would not have gotten this far. Thankyou 1 Robin Matusick From: Bridget V.Murphy <iambvm@gmaitcom> Sent: Saturday,June 29,201912:17 PM To: Michael Thomas Subject: Save Riverside Drive Dear Mayor Thomas, This is the third email I am writing to you regarding the proposed "Marina' located at 2001 Riverside Drive. I just do not understand how anyone could support the current plan for development of this property, especially one that was employed as a wildlife specialist. The neighbors will not only be affected by this plan but the environment on the river will be decimated. Think about the gentle manatees,fish and the dolphins that call the lagoon their homes too. I am new taxpayer to Edgewater area and really hope that you can be the Leader to stop a outside developer from destroying the S.Riverside Dr Community . Do what is right not what would be a temporary monetary fix to the tax base. Think smart development where you will be remembered as a good Mayor,not one to cowl down to a bully developer, for your legacy. Thank you for you time. Sincerely, Bridget V. Murphy 1928 S. Riverside Dr Edgewater, FI 32141 t Robin Matusick From: Martha Morrison <lmmomS@aolxom> Sent- Saturday,lune 29,2019 2:14 PM To: Michael Thomas Subject: Proposed marina project Boston rd and riverside drive Hello...I sent you a letter of opposition last week to the expansiveness of the above proposed project,of which you voted in favor. It has since been pointed out to me at another recent meeting, that you ran for mayor on an environmental platform. For the life of me, I do not understand how you could come from that agenda and support this massive project I would love if you could explain to me how this size project and all of the special exemptions Kowalski/ASKI has received will not be a detriment to the health of the already imperiled Indian River Lagoon,not to mention the health of the surrounding residences. Citizens elected you and remember whether you did what you said you were going to do. Thank you. Martha Morrison Sent from AOL Mobile Mail 1 Robin Matusick From: Phil Smith <philsmithl907@gmaii.com- Sent Saturday,June 29,2019 3:42 PM To: Michael Thomas Subject 2001 S Riverside Drive Dear Mayor Thomas As a 16 year resident of the City of Edgewater I strongly urge you to vote against approval of the land use changes proposed for 2001 S Riverside Drive. The proposal as it stands is far to large for the property and there does not seem to be adequate parking for what is primarily a residential area. I have voted in each election since 2004 and will take your vote on this matter into consideration when I cast my next ballot. Sincerely, Philip Smith 1907 Willow Oak Dr Edgewater,FI 32141 1 Robin Matusick From: Elizabeth Lavette dibbyannlavette@gmailxom> Sent: Sunday,June 30,20197:34 AM To: Michael Thomas;Christine Power,Megan O'Keefe;Kim Yaney,Gary Conroy;Glenn Irby,Jeff Lariscy; Joe Mahoney Cc: Kris Cunningham;Adair Ackley; Bob Chew;Steve Wonderly Subject Fwd:Target Hazard Your Chief Mahoney and Chief Lariscy. Please respond to whether this is accurate ASAP. Libby ---------- Forwarded message------- From:Michael McGauley<mcsurf(allive.com> Date: Sun, Jun 30, 2019,7:03 AM Subject: Target Hazard To: libbvannlavetteAgmail.com<libbvannlavettekstmail.com> An observation from a retired firefighter and concerned citizen of Edgewater: In any pre-incident plan used by Fire,Police or EMS departments,Target Hazards are always identified with concerns for special risks and additional resources needed. A Target Hazard is being created with the proposed East Boston Rd marina with these possible life,fire and environmental issues. Extremely limited access to surrounding residence for fire,ems crews and equipment due to retention ponds and walls.During peak load occupancy times this will delay valuable time for fire attack and Emergency Medical Services. Fire,Hazardous Materials and Environmental contamination risks from boats,boat fuel storage and dispensing,with exposure concern for close near by residential structures and special need citizens. A Target Hazard is being created. Michael McGauley ret. OFD 130 Magnolia Ave. Sent from my Whone t Robin Matusidr From Lisa Lindroth 4ndroth42@9mail.com> sent Sunday,June 30,2019 7:45 PM To: Michael Thomas Subject: Boston Rd. Dear Mr. Thomas, I am writing this email in regards to the Boston Road property,marina/restaurant, proposal. Please reconsider this idea of building such a big marina on such a small piece of property. I have been a resident of Edgewater since 2002 and I love the quaintness of Riverside Dr. I walk my dog down this road almost every day and,I enjoy the peaceful vibe that this place has to offer. I don't need to tell you how this will effect the lagoon and all its inhabitants; because ,pm sure you have already been made aware of the havoc this will wreak. I am also extremely upset about the people who reside down this road. They are long time residents of this community and to take away their view of the river and to destroy their land is absolutely absurd! There must be another alternative to making this piece of property something that we can all enjoy;and yet, not destroy the lagoon and our intmcoastal. Plus, not to mention,those people who live on Boston Road and how it will impact the residents in the area. Please make the right decision for the environment and our residents. Thank you for your time. Sincerely, Lisa Lin froth Virus-free. v,Mw.avc.com 1 Robin Matusick From: Liz Dimascio <edimasdo77@gmail.com> Sent: Monday,July 01, 20192:00 AM To: Christine Power, Kim Yaney,Michael Thomas Cc moke&e@cityofegdewater.org;Gary Conroy Subject Save Boston Rhode To whom it may concern Mayor Mike and other council members ; I voted for you ,MIKE, and several years ago. Do you remember the Planet Pizza?, that you were not interested in voting approval on,especially the reduced permit,because at the time; you felt it would become another vacant building in 2 years. Well , you were half correct in y Tour intuition,because it was sold within 2 years ,to the AM VETS who I am sure gets a tax break, Planet Pizza had a decrease in people visiting the eatery, because basically they changed the menu, and well, as you well know, and if you don't, people in edge water me very selective as to what eatery they will support . his is a fact. I have lived here since 1991, and have seen several eateries start up and close, because of various reasons,but most of all,the edge water people despite the increase in census since 1991, can influence whether or not an eatery will survive . This brings me to the next issue, Removing Boston Road from Edge water residents. Really? I was at the rally for the save the Boston Road. I was surprised to see not one person from the council showed up as i was interested in the truth,but,without, both sides present to describe what was going on it would be hard to find out what the exact truth is,and what the town council supports and why? Or don't you think it is something we are entitled too. It appears as council members the influence that is present when someone like me,who lives across the street,is told by these Rally members, not one council member has seen the area of the discrepancy going on. WHY? It would have been beneficial to have you there. The Rally people also stated,Mayor Mike states the people of Edge water want a change ,that is why he supports this, Really? I was informed a upper class eatery was going to be placed instead of a Marina, close to the bay area,which is protected water,but , what is the view,Mangroves, not very appealing is it?Then they believe ,the need for all the parking of the people that are going to visit this eatery,is going to take over the Boston road east of Riverside to the water,and not sure they can take over anything else, But really how are they calling this a Marina, I also heard they were putting in a gas outlet for boaters, where are the boats going? The water is so low for 20 feet until you hit the channel. If you dredge this protected area of Mosquito bay , aren't you committing a criminal act of some kind? t Take my word for this, What ever money making scheme they think they have,there is not going to masses of people coming from all over the county to eat in Edge water,what ever delusion, unlike the Outrigger that has the view of the river,marina, and activity of boats going by,and tiki bar,this area is no way similar to that part of the River. This is a residential area. Lets get this straight,I was looking forward to anew Marina, as i have a boat, but bulldozing a decision like this is just plan wrong, and well it just not politically correct . Why,because even if these plans take place as you want them, there will be a lot of people that just won't support this because the activity,and may even boycott , as already attracted negative attention. Call it bad karma if you will.And even if Edge water is triple the population it was when i moved here, it is like a Freaking High School,with all the gossip,and everyone knows everyone's business. Bad news will travel fast... and there are a lot of people in Edge water that will boycott for principal alone. Is that what you want. But when the crowd and interest dies down, and trust me it will, with no Marina, no money then what is going to happen to this UPPER CLASSED EATERY, and mostly a huge parking lot that will sit half vacant. The rednecks are not going to support this type of eatery,nor drinking, and nor will our 10 cent millionaires that move down here .The snow birds are your only hope, for the 4 months they are here. I THOUGHT THIS WAS GOING TO BE A MARINA WITH A SMALLER EATERY AND LOCAL BAR , what the heck. Please, let me tell you what will work,a place similar to Breakers in NSB>and a bait shop, with direct access to the river to dock boats,the access you are planning was bad when it was the previous Marina. But is was mostly a Marina. I am not against change but starting off by taking away a street,and personal home access to safety is just poor planning. I have been to many eatery places where the parking lot is not a big as the crowd ,and they survive. I heard they might be taking away parts of Boston Road , really? Let me tell you when the Dollar store,was built only half of Boston was increased in width, The lower part closer to the water, still has that Awful cement divider that separates a road 1 that is too small causing smaller lanes and barely enough room for a car let alone a pedestrian and a car. And please DONT TAKE MY WORD FOR THIS, COME AND LOOK DOWN BOSTON YOU CAN SEE THE DIFFERENCE IN THE UPPER AND LOWER PART,IT IS VERY OBVIOUS. The road was never enlarged on the bottom area,as a result the edges of the road are sinking in on the sides how nice that looks. THAT DIVIDER NEEDS TO BE REMOVED , PLEASE REMOVE THE DIVIDER< IT LOOKS STUPID . plus now the parking for the Boston townhouses has been turned into a retention pond ,how nice is that? It is very apparent you don't care in as much as not one of the council members attended this Rally. Why? It is very apparent the past choices in changing Boston Road were obviously idiotic and seems like the new ones are heading in the same direction. AS COUNCIL MEMBERS YOU NEED TO COME DOWN HERE AND LOOK AT THIS ISSUE , DON'T YOU THINK? THE ONE MESS ON BOSTON THAT IS STILL THERE AND MESS YOU ARE ALL THINKING OF CREATING . 2 I was told not all of you are supportive for this, but really , you were not present at this Rally, we don't think you care either. There is no reason to take that road away,that was given to Edge water,not these outsiders , they can have direct access into their parking tot, from riverside directly into the lot,and any retention ponds needs to go on their property. Oh and in case there is anyone one on the council interested?the other problem on Boston Road closer to the building but on the street is riddled with broken glass ,there is no reason for this except piggery from the bar or our lovely recycling trucks that may be dropping these broken specks of glass in piles in the street,CAN WE GET THIS CLEANED UP<we do have town people to clean up things don't we? I won't deny there has been a lot of nice things in Edge water,the sidewalks,the up keep of street lights, the apparent town clean up in the parks. I am not against one of the town council members, it is just seems to me,You have been represented as non concerning to those who are against this specific type of use of land. There is no way from what i was told this is going to be a Marina. I don't want you to feel bad, I just request you do what you are asked to do, evaluate this, come down here and look see, and before the meeting Monday,just please,honesty state what you think, and why? But don't ignore what is wrong,Please,Edgewater is not that kind of town. Let me tell you, the only reason i want to leave Florida, is because of the heat in summer,but I love this town,and it is because it is not like other towns,it is not junked up with vacant lots where business used to be,it is not polluted. It is a pleasant place , not much traffic , you know i will tell you,when my own mother was thinking of moving to Florida, I told her to go to Palm Coast or Ormond, booming with all kinds of restaurants and business, you know what she told me, She did a search, and found ,Edgewater was one of the safest places to live in comparison to all those other places i mentioned. She would live here, I was so happy to hear this. And you know, I am proud of this Town, it is safe because we don't have all the attractions and traffic that might also invite crime. Plus i think our Police force is awesome. I am not interested in hurting your feelings,I am sure you are all serious about yourjob,but right now, it is important that your opinion is heard tomorrow at the meeting, your decision and why. I don't know about you, but i dislike disagreement like this, especially when it seems like it is going to hurt some of our town people that live in the area. Some way we have to find a way to work this out. I understand you may not see this ,and I certainly don't expect a response immediately. But if any of you would like to commit to sharing your values, or respond to this letter, it would be most welcomed. Sincerely, Lizzy 1918 S . Riverside drive . 3 Robin Matusick From: Robin Matusick Sent: Monday,July 01,2019 4:37 PM To: Ken Hooper Subject Re:Marina There were a couple of changes to the ordinance only not the BPUD and the agenda was revised accordingly to reflect those,you should be able to see the strikes and underlines when you view the ordinance on the website. Yes, Mary did supply a power point that I already have loaded for tonight. Sent from my Whone On Jul 1,2019,at 4:17 PM,Ken Hooper<kh000er@oeconline.com>wrote: Robin; Has there been any changes to the documents for tonight's public hearing. Looks like some changes were made over the weekend.Did you receive Mary Solik's power point presentation materials? I Robin Matusick From: Blue Sky Foods/Deb Kuszaj <blueskyfoods@earthlink.net, Sent: Monday,July 01,2019 4:48 PM To: Michael Thomas;Christine Power; Kim yaney; Megan O'Keefe;Gary Conroy Subject Save Riverside Drive Council Members : Having just closed on a home at 128 Parkwood Lane the end of March and currently unloading a POD and settling into our new home, we are concerned to learn about the issues with the marinalrestau rant development on Riverside. As we are new to the game, we have been trying to get up to speed and will be attending the meeting this evening for more information. We owned a successful restaurant in Connecticut for 25 years - one of our main concerns was always for our neighbors as we were in a mixed use zone with residential. We did not open early, did not stay open late and constantly monitored the parking situation. We learned very early that you can put in a lot of safeguards but that you cannot always control people's behaviors. The scale of this project is troubling - a great idea to have an Edgewater destination but perhaps a smaller project would be more appropriate for the land involved, the sensitivity of the Lagoon and most importantly to be a model good neighbor to Boston Road residents. Deb and Michael Kuszaj 128 Parkwood Lane 1 �Soulhe:tst Volusia�� Chambero}4 Commerce , --- ------" Serving New Smyrna Beach, Edgewater&Oak Hill for over 80 Years' 2019 Members of the Board of Directors Judie 19,2019 KrisryChalk,President Advent Heafth New Smyrna Bead) Bryan Tudeen,President Elect Mayor Mike Thomas, Edward Jones City of Edgewater City Halt 104 North Riverside Drive Rick Hawes,Elected Vice President Edgewater,F132141 Oceanside Private Wealth Mgnst Doom snow,Immediate Past RE: Proposed Edgewater Marina Ordinance 2018-0-33 President Regions Mortgage Dear Honorable Mayor and Council Members, Trudy Ward,SecretaryRreasurer Intracoastal Bank The Southeast Volusia Chamber of Commerce Board ofDirectora has voted unanimously to support the Proposed Edgewater Marina,Ordinance 2018-0-33, Trey Hanhaw,VP Educakcn This includes supporting the business PUD,the Right of Way Improvement Allstate Insurance Agreement and the Zoning Change request.The residents of the City of Marlene Therms.VP Marketing Edgewater have been requesting more restaurants,jobs,and lower taxes. Below Advemxeallh Medical Placa is a list of reasons the Southeast Volusia Chamber is supporting Ordinance 2018- NewSmyrna sead; 0-33: E Bliss Jamison,VP SEVMI 1. Positive Economic Impact for the City of Edgewater. Today's just value es Massey Enterprises of this property is$588,284 and Edgewater's Tax Revenue today is$3,867. Renee Andrus Edgewater's Tax Revenue upon completion will be approximately$13,400. The Advendiealth New Smyrna Beach ren year projected total approximate property tax revue is$153,616. Foundation Rebecca Crews 2. Sales Tax Revenue generated from approximately 52.4 million in sales in Boston Whaler the first year as well asjob creation. Amy Jamisa.Stewart 3. The proposed improvement for this project is approximately a$2 million SPringlull Suftes by MamoN investment. Michael Lyons Coronado Law Group,PLLC 4. This is the same use for the last 50 plus years(marina). Todd E.Perry State Ferro 5. This is consistent with the Edgewater Comprehensive Plan and Economic Development Pian. Scott Stager Ent Real Estate Property Solutions 6. This project is consistenr with the Reasonable Assurance Plan to improve water quality. The developer is willing to pay to improve water quality in Chad vasyTaxnab inputting and maintamiri battle boxes. Marine Uiacovery Center perpetuity Yg Tilhoy Yancey T Right of way use agreement for improvement is well established. East Coast Current 8. This is redevelopment of blighted property. 9. The PUD Agreement protects the City of Edgewater. 115 Canal Street,New Smyrna Beach, FL 32168 Phone: 386-428-2449 • Fax 386-423-3512• sevinfo@se rchamher.com •www.sevchamber.com 10. In addition to added parking,there will be boat slips. I L. This is supported by the Edgewater Plamwlg and Zoning Board and Edgewater staff is recommending approvaL of this project that has been in the works for almost 4 years. Sincerest regards, ,�.�kti C� G(J-c,�tanrd sue Williams Executive vice President Southeast volnsia chamber of Commerce 3 c 1 115 Canal Street, New Smyrna Beach,FL 32166 Phone: 386-428-2449•Fac: 386423-3512 •sevinfo@sevchambeccom www.sevchambeccom Robin Matusick From: Sue Williams <swilliams@sevchamber.com5 Sent: Wednesday,June 19, 2019 2:31 PM To: Michael Thomas Cc: Michael Thomas;Christine Power, Kim yaney, Megan O'Keefe; Gary Conroy,Glenn Irby; City Clerk;Samantha Bergeron;Christine Wofford; Brenda Dewees Subject: Letter of Support for Edgewater Marina from SEV Chamber of Commerce Attachments: Letter of Support for Edgewater Marina from Southeast Volusia Chamber of Commerce.pdf Follow Up Flag: Follow up Flag Status: Flagged Dear Honorable Mayor and Council Members, Attached please find the letter of support from the Southeast Volusia Chamber of Commerce. Please do not hesitate to contact me with any questions or concerns. We thank you for all you do. With gratitude, Sue wdfiams Executive Vice President Southeast Volusia Chamber of Commerce 115 Canal Street New Smyrna Beach,FL 32168 386-428-2449 Southeast Volusia Chamber of Commerce Mission Statement "Promote business and economic development for the communities we serve to the benefit of our members" I Robin Matusick From: Adair Ackley <adair.ackley@gmail.com> Sent: Wednesday,June 19, 2019 3:15 PM To: Michael Thomas; Gary Conroy;Christine Power; Megan O'Keefe; Kim Yaney;Glenn Irby Subject: Edgewater Marina/Restaurant--ASKI Dear Mayor, City Council,and City officials, My name is Adair Ackley, I spoke at the last City Council during citizen comments about my opposition to the proposed marina/restauninubait shop on 2001 Riverside Dr. None of us are opposed to having a commercial facility on this land. Weare however, opposed to the scale of the planned ASK] development and taking over of the public right of way. As an environmentalist I am strongly against this. We must protect the Indian River. I am concerned about how this whole development transpired, where ASKI did not have proper permits to cut down historic trees and mangroves and build a sea wall. I must reiterate the importance of following the various Codes that are in place to protect the Indian River. One of which is a set back. We should not be encouraging sea walls, but instead should be advocating for living shorelines which many of our Florida University programs are working on. I know the City of Edgewater has met with these experts from the various Universities. Please remember that the Indian River Lagoon, is one of the most biologically diverse estuaries in North America and home to more than 2,000 species of plants, 600 species of fish, 300 species of birds, and 53 threatened or endangered species. The Indian River has suffered enough and we do not want to impair her even more, otherwise tourists will not want to return. Please look beyond the monetary value of such a restaurant/marina and look at what many residents have spoken out against. Let us retain the beauty of the scenic Riverside Drive! Thank you for your consideration. Adair Ackley 127 Hazelwood River Rd,Edgewater FL 32141 t Robin Matusick From: Kathy Waszak <JWASZAK@cfl.rr.com> Sent: Wednesday,June 19, 20192:22 PM To: Michael Thomas Subject: South riverside development Please vote against this monster that is looming over our river. Edgewater is a friendly town when people care for one another. Having neighbors dealing with over-development should be of concern to everyone. As smaller development with a place to eat would be ideal,but the current plans seem too large for our small town. Please consider your vote carefully. Respectfully Kathy Waszak t Robin Matusick From: Mary Vogelsang <m7v7fl@gmail.com> Sent: Wednesday,June 19,2019 1:09 PM To: Gary Conroy; Michael Thomas; Megan O'Keefe; Christine Power, Kim Yaney Subject: Riverside Drive development Aski is asking too much. Consider voting against the development as proposed. Thank you for your service. Mary and Ed Vogelsang 1 Deal- JiJs , ."Line } l}s vofiny eifizerr) s of th,a eify of E�l9e wo ter a e mvsf iq rerm yvu that w'e - mnd many others in �dgewcal'ee �uncl%ny - are very obis P/eased cfnd u12sef 6y your rneenf v.:fe to allow the overdeveloPmeni Riverside l�ri vP. Thr proposalso the /a �Snnf t4Y exeeecl thr eapaklilfes on tt,e river ro mention the nej""e impart qn�/ resident al communify c\,�s'Evr�ec\ b t�e WQ arm even mote \ c\eC\ 5ioh 'h� Sr�,ht -f\•e •"Se o� �� A �� e . roti c� to ar .hc�.�V� w2 We s�rch5�.�j dee\ }�� ory ptroQos\e� .�e�\ o� co 2c�' sTuu\a be ��m �se� 4`C42G 44�Q Y'J }�oh uS a e4b\�c S-vYea WA.\� `ceeov.sicaet- ^t M ycur Vo�e or � :t �edom\nar�1 resic�er�iG� se��'�or o� oar e. y .f }Ao June 16, 2019 Dear Mayor Thomas, As voting residents of Edgewater Landing, our neighbors and ourselves were pleased to listen to your plans for responsible community development on Park Avenue and other suitable locations at out May HOA meeting. We were appalled however to hear at our June meeting that you voted in favor of an oversized commercial enterprise in one of our residential communities. Not only are we opposed to the size and scope of the development proposed for 2001 South Riverside Drive but we also have strong reservations about the wisdom of granting the use of a public street for a private concern. We are concerned with the legality of this move and also question the precedent it might set for other public areas to be used by a private company. We sincerely hope that you will reconsider your position on this matter and will vote for the rights of the citizens of Edgewater and not for the possibility of a tax gain. Sincerely, Bradd and Susan Ramsden 315 Portside Lane Edgewater, Florida 32141 Robin Matusick From: Trudy Ward <tward@intracoastalbank.net> Sent: Thursday,June 20,201911:46 AM To: Michael Thomas Subject: Marina project Fallow Up Flag: Flag for follow up Flag Status: Flagged Mr.Thomas: I am a resident of southeast Volusia and am in full support of the marina project. This property has been a sad waste of an excellent location for a long time. I understand the request and don't understand where the logic is in the push- back. I understand the family with the strong opposition is also advertising this very project as a selling point to lease their property on VRBO. A bit hypocritical if you ask me. I think Larry Bartlett may also want to know that they are also claiming homestead on the property. And this is the strong voice complaining. Again, I fail to understand the logic in any opposition to additional seating for the restaurant. Please know I support this being approved. Sincerely, Trudy Trudy Ward Vice President Business Relationship Manager Intracoastal Bank Invented. Inco otwe. Irupired. �. 1290 Palm Coast Parkway NW Palm Coast, FL 32137 2140 LPGA Blvd. Daytona Beach, FL 32117 Direct Line:386.246.1552 Cell: 386.747.2092 Email: tward(iaintracoastalbank.net Web: www.intracoastalbank.net WD 1 Find us on Facebook Confidential Communication The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or pdvileged material.Any review,retransmission,dissemination or other use of,or taking of any action in reliance upon,this information by persons or entities other than the intended redolent is prohibited.If you received this in error,please contact the sender and delete the material from any computer. Nothing contained in this message(including attachments)shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act,any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. 2 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 705 AM To: Bonnie Brown; Kelsey Arcieri;Haley Walker Subject: Fwd:Proposed development of property on Boston Road. Bonnie/Kelsey- correspondence on Marina Haley-please make 10 copies,paper clip&put in folder for me for my return Sent from my iPhone Begin forwarded message: From: "infln(),,aol.com" <intlnnaol.corrr� Date: June 23, 2019 at 3:20:49 PM EDT To: mthomasncitvofedeewater.om Subject: Proposed development of property on Boston Road. Mr.Thomas, please consider the ramifications of the proposed development on Boston road.We live on S. Riverside and strongly oppose the plan as it is now known. Not only will the adjacent homes be impacted by the plan, but all people who live on and use South Riverside. Increased traffic will make it dangerous for those who regularly walk or bicycle along the road as it is quite narrow. In addition, the cars and equipment will increase dust, air pollution,and noise. The environmental impact on the water and wildlife should be studied carefully. Everyone that I have talked to, is concerned that the interest of an outside developer is being way too much leeway in planning a project that will negatively affect a whole neighborhood. We are frankly surprised that our council members have even given this plan a nod without even considering the community. Vote no. It is in the best interest of the people, not money. Jeannette Landry 102 Carlson Cove, Edgewater, Fl. I Haley Walker From: Robin Matusick Sent: Monday,lune 24, 2019 7:06 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: fwd:Save Riverside Drive Bonnie/Kelsey-marina correspondence Haley -make 10 copies,paper clip&place in folder for my return Sent from my iPhone Begin forwarded message: From: lkwalter72(i0ahoo.com Date: June 23,2019 at 3:15:06 PM EDT To: mthomasAcitvofedgewater.org Subject: Save Riverside Drive Karen and Louis Walter 1107 36th St. Edgewater,FL 32141 Mayor Michael Thomas 104 Riverside Dr Edgewater,FL 32141 Re: SaveRiversideDrive Dear Mayor Thomas, As a resident of Edgewater, I value the peace and quiet and the low key atmosphere found here. These we the things that attracted my husband and I five years ago. I attended a rally today to save Boston Road because we believe the proposed development is unsuited for the area. My husband and I are absolutely abhorred that the people we elected would vote to support the proposal currently on the table. The proposed restaurant is too big for the piece of property. The retention ponds we so close to existing residents' homes that any overflow will cause damage. Retention ponds that collect run off from paved parking lots will contain pollutants that will reach our already endangered Indian River. Without a buffer of natural vegetation, which already exits on the residential property but is slated to be cut down, pollutants have unrestricted access to the river. Filtration through the sand at the bottom of the retention ponds will not filter the pollutants of oil and nitrates and phosphates. All that will go right through the sand and into the river. Only vegetation will take up the nitrates and phosphates. Please see this website for a simplified explanation of living shoreline. htto://floridalivingshorelines.com/why-use-a-living- shoreline/ t The proposed rebuilding and continuation of the seawall and retention ponds is reason 1 why this property should not be developed as stated. Reason 2 is that the proposal, in order to meet predicted storm level rise will create a wall for the current resident that is a violation of a good neighbor. Reason 3 is why is the city of Edgewater allowed to "give"a public road to a private business? Reason 4 is this proposed development is not suited for this neighborhood. Let me offer a solution. Tum the existing seawall into a living shoreline. It will add beauty and help save the lagoon. Build a small,quaint restaurant that fits on the property with out encroaching on Boston road and effect the neighbors. Keep the theme of the property inline with the surrounding area- My reaMy husband and I will feel extremely violated if a proposal like this is accepted and passed by our local representatives. There are a few on the board that voted against this proposal and we support their decision. If this goes through,where will it end. If our city council has this mind set,it will not be supported by us. In these times with the environmental impacts at our local and national levels, I would expect our little town to be an example of good environmental decisions and slow down rapid unthoughtful development that profits only the developer. Please do not let this proposal go through! Sincerely, Karen and Lou Walter 2 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 7:07 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: Fwd:Edgewater Restaurant and "Marina" Project Bonnie/Kelsey-marina correspondence Haley-10 copies,paper clip&add to folder Sent from my iPhone Begin forwarded message: From:JOHN RAY<johnrav@cfl,rr.com> Date:June 22,2019 at 1:12:14 PM EDT To:<mthomas@ctyofedgewater.orz> Subject:Edgewater Restaurant and "Marina"Project Mayor Thomas: Please reconsider your initial approval of the Edgewater Restaurant and "Marina" Project. As presently constituted, the project plans are inconsistent with the rights/well-being of neighbors, the health of Indian River Lagoon, and smart development. This developer has clearly demonstrated his utter disregard for your citizens. We look forward to seeing you at the July 1 council meeting. Sincerely, John and Pat Ray 1081 Turnbull Creek Road New Smyrna Beach, Florida 32168 t Haley Walker From: Robin Matusick Sent: Monday,June 24,2019 7:08 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: Fwd: Public right way on Boston Road Bonnie/Kelsey-marina correspondence Haley-10 copies, paper clip& place in folder for me Sent from my iPhone Begin forwarded message: From: Michael<mickvm2922(dbellsouth.net> Date:lune 22, 2019 at 12:57:19 PM EDT To:"mthomasC<lcitvofedgewater.org"<mthomas(,lcitvofedgewater.org>, "gconrov(ocitvofedgewater.org"<gconroy9lcityofedRewater.org>,"mokeefe@citvofedgewater.org" <mokeefe(alcitvofedgewater.orR>,"kvanev@citvofedgewater.ore"<kvanev@citvofedgewater.org>, "coowert@citvofeditewater.org"«DowerPcityofedgewater.org> Subject:Re:Public right way on Boston Road Dear Mayor and Commissioners, I went to the rally at 10:00a.m today. After seeing the placement of the retention ponds,the proposed walls and the 4 parking places,one idea came to me. Why is this happening! First this is land owned by the residents of Edgewater and maintained by the city.Who gives you the right to do this?This is not part of the property ASKI purchased. When I built my home at 1509 South Riverside Drive the city mandated that I have 4200 square feet of retention on my property-not my neighbors and not on city property! Looking at the layout of the city's and developers proposed layout, I don't understand how this got out of the building and zoning plan review! Please go by the property and see the actual layout of how the developers are taking advantage of the city.The homeowners marked off the retention areas,garbage area,parking areas,6 foot high concrete wall with an additional 4 foot chain link on top for everyone to see. I strongly urge each of you make a trip to see it in person and not on a set of plans. It opened my eyes! Again, I am for smart development of this property but the foot print is too small for what is being proposed. An alternative is to move the proposed project.Relocating it down near Boston Whale.That would be a win for the developers and the city. 1 Thank you so much for your time and I hope your visualization that they put together at the property will bring you more clarity to this proposal. Regards, Michael and Janet McKenna Sent from my Whone On Jun 18,2019,at 5:20 PM,michael mckenna<mickvm2922(1a bellsouth.net>wrote: Dear Mayor and Commissioners. First and foremost I think that the project on Riverside Drive is a win for the City of Edgewater! I have some concerns and I feel that since I was not able to be at the last meeting due to me being out of the country that I should contact each of you and voice them in a letter. I feel as a homeowner here in Edgewater and being a businessman in Volusia County I might be able to share some of my experience and expertise with each of you.Some of you know me personally but for those who don't I have been a restaurant owner here for 16%years at McKenna's Place in New Smyrna Beach. Prior to that I have owned, operated and managed restaurants for 41 years.This is where my expertise and knowledge might help in regards to staffing a restaurant properly and the parking needed to sufficiently grow a business of this magnitude. I understand that the footprint forthe marina property is going to include the following: 44 slips=44 parking spaces by code. Bart and Tackle Shop-Kayak rental business.I suppose that they will do the rental business out of this part of the 6000 Square Foot Building=4 staff members=4 parking spaces needed and another 6-8 spaces for customers that rent Kayaks and will be leaving their car on premise. 4600 Square Foot Restaurant= 160 seats=40 spaces needed per code=4 persons per car. From my experience in the business I do not feel 40 spaces will be sufficient but lets go with the code on this. Staffing for the Restaurant:This is my expertise! 1-General Manager 1-Floor Manager Lunch Shift,2 Floor Managers Dinner Shift Bartenders-2 Lunch Shift,3 Dinner Shift Bar Back-1 Lunch Shift, 1 Dinner Shift Servers-5-6 Lunch Shift,7-9 Dinner Shift Bus Boys/Girls-2 Lunch Shift, 2-3 Dinner Shift Host/Hostess-2 Lunch Shift, 3 Dinner Shift Kitchen Manager and Cooks;4 Lunch Shift,5 Dinner Shift Dishwasher-1 Lunch Shift,2-3 Dinner Shift-one to be used as a prep cook at Dinner. Total staff Lunch Shift=20 Staff Members z Total staff Dinner Shift=30 Staff Members Total parking for the Restaurant staff=25 spaces on average per Lunch or Dinner Shift depending on sales forecast.Restaurant personnel do not have a habit of carpooling together,due to the different times that their shift would start and finish. Total parking to meet basic needs: 119 spaces I do not know how many parking spaces are on the plans that were submitted to the city. If I were a homeowner in that area of Riverside I would be talking to each of you and the building department with grave concern that people will be parking on my property and lawn.We do not have the luxury that Goodrich's has down in Oak Hill and at times its super difficult to find parking down there. Look at Out Riggers in NSB and the parking problem that happens on a nightly basis.At least they have the overflow parking in regards to the boat launch site next to the restaurant.Which if the police monitor will issue parking ticket to those patrons who park their and hated by the boat owners who cannot launch their boat due to illegal parking for the restaurant. Parking if not done right from the beginning of this project is going to not only haunt the City of Edgewater,The Police Department in illegal parking citations, but mostly the tax payer{homeowners}who live close to this property. I hope each of you will come to the neighborhood meeting on Saturday June 22,2019 at 10 a.m.to noon to listen to the neighborhoods concerns.I am not on this committee or affiliated with this group, but I am a very concerned citizen in regards to the growth on Riverside Drive. Regards, Michael McKenna 386-316-5889 1509 South Riverside Drive Edgewater, Florida 32132 Sent from Mail for Windows 10 3 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 7:11 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: Fwd: Proposed project Riverside/Boston Rd by ASKI Bonnie/Kelsey-marina Haley- 10 copies,paper clip &put in folder for me Sent from my iPhone Begin forwarded message: From: Martha Monson<lmmom5livaol.com> Date: June 23,2019 at 7:53:48 AM EDT To: mthoggs@citvofedaewater.org Subject: Proposed project Riverside/Boston Rd by ASIA June 22,2019 Dear Mayor Thomas: I attended the rally on Boston Road today. I am a resident of New Smyrna Beach and a longtime friend of the Malecki family. I have been attending family- related activities at 205 Boston Rd. for over 40 years. I was overcome with sadness and disbelief when I saw the retention pond areas,parking, etc. chalked out. The proximity of the middle retention pond so close to the house, not to mention the proposed height(10'),took my breath away and literally caused me to shake my head at this being a proposal some of you council members even considered! I listened to many who have devoted hours of thew lives to questioning the exceptions made for this expansive project. I repeatedly heard the objections we not to the actual construction itself, but to the impact to adjacent residential properties as well as runoff into the river. I lived in my beachside New Smyrna Beach residence for 40 years and sold it for a profit.This is what many people do for retirement. Has anyone considered the devaluing of adjacent residences with retention ponds,restricted access to homes,puking,removal of vegetation including mangroves,noise,lights,a nearby dumpster that will contain seafood leftovers,deliveries,trash pick up,traffic,etc.? I ask that you reconsider your stance on this project. I do not understand placing residents' deserved needs below the financial interest of an outside developer. You are sending a message to the community of Edgewater through your decision. Where does your allegiance he. You were elected by this community.There is much opposition to this site, as proposed. A logical compromise to me would be to scale the development down to the 0.8 acres, and contain it to the property ASKI owns, . keep the stormwater ponds on that property,maintain the Boston Road right of way that was granted as"forever" in 1946, and scale down the restaurant so I that parking will also be contained to their property. What is ASKI giving up? It seems to me they're asking for more and more, and the real disservice is that you are granting their wishes without consideration to this neighborhood directly impacted by the project. I am asking that you do the right thing. Thank you. Martha Morrison 541 S Peninsula Drive, A20,New Smyrna Beach, FL 32169 Sent from AOL Mobile Mail 2 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 7:14 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: Fwd:FB newzy post link poll Bonnie/Kelsey -marina Haley -see if you can print the 10 copies of this email along with Facebook page that reflects likes/dislikes? Sent from my iPhone Begin forwarded message: From: Mellisa basile<mtav1or0293na.email.com> Date: June 23,2019 at 5:13:13 PM EDT To: mthomas(aakitvofedeewatenore, gconrovAcitvofedeewater.org cpower(acitvofedaewater.ore, mokeefeea,citvofedeewater.org, kyanevacityofedeewatenore. Qirbvna.citvofedeewater.ore Subject: FB newzy post link poll Good Evening, I created, and posted,a poll on a Facebook Group called'Newzy." I was notified when the post results were brought up at a City Council meeting. I was then, asked if I could E-mail you an attachment of the post itself There are almost 200"likes",and,well over, 200 separate comments, agreeing with the post. If you have any questions,or would like access to anymore information,you may contact me at anytime. You can click the link below to view the post. httos://m.fwebook.com/groups/716870995097248?viewyerrnalink&id=2155648407886159 Mellisa A. Basile 386 402 2647 MtayIor0293 r.emaiLcom t 6/2412019 NEWZY-NSBIEdri waler Public Group I Facebook Do you want to log in or join Facebook? Lop In or Join Mellisa Basile NEWZY -NSB/Edgewater June 14 at 6:44 PM Just out of curiousity... How many people, living in Edgewater, would be willing to sign a petition,to stop population growth/housing projects? I just saw a video of a bear running across US1 in Edgewater.Which I'm sure most of you saw. I said this on that post..30th street demo is DEVASTATINGI We don't need anymore housing here!We don't live in Daytona for a reason! Just how Flager NSB is expanding. Locals can't even get parking.The old time feel is what's so great about the beach in New Smyrna.And it's being ruined. More jobs is a positive-yes. But I moved to Edgwater for small town living. They are going to take out all of the woods, and then people are going to complain about wild animals in their neighborhood. And possibly get them put down, due to their danger. There isn't going to be anymore trees left by the time they are done. We have to speak up. Comment Agree (NO MORE HOUSING) Comment DISAGREE (MORE IS GOOD) Like Share hdps:ltm.facebook.coMgmpsf716870995097248?view=permalink&id=216566840]886159 1/1 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 8.,05 AM To: Bonnie Brown; Kelsey Arden; Haley Walker Subject: Fwd: RestauranVmarina project Bonnie/Kelsey -marina Haley-10 copies,paper clip&place in folder for me Sent from my iPhone Begin forwarded message: Prom: Bob Chew<bobchew99Agmail.com> Date: June 24,2019 at 7:32:54 AM EDT To: "mthomasnn.citvofedgewater.ore" <mtbomas,, citvofedgewater org> Subject: Restaurant/marina project Dear Mayor Thomas, I am strongly opposed to the proposed marina/restamant project. They can still have a smaller restaurant and marina if they scale it back. If passed as proposed,my feeling is that it will be challenged in court. I was happy when you stated at the April City Council meeting that you ran for mayor to help restore Mosquito Lagoon. As an environmentalist,this project as proposed will have a negative impact on the lagoon. As a neighbor,the scale of this project will have a negative impact on the neighborhood. Thank you in advance for doing the right thing. Robert W. Chew 208 Virginia Street Edgewater, FL 32132 Bob Chew bobchew99lau)anail.com 386-299-7424 t Haley Walker From: Robin Matusick Sent: Monday,June 24,2019 4:40 PM To: Bonnie Brown; Kelsey Arden;Haley Walker Subject: Fwd: Proposed Marina/Restaurant Bonnie/Kelsey-marina correspondence Haley- 10 copies,paper clip&in folder Sent from my iPhone Begin forwarded message: From: Della Ragans<dellam2ans(a Rmail.com> Date: June 24, 2019 at 4:26:36 PM EDT To: mthomasacitvofedeewater.org, cpowera,citvofedeewater.org, kYaney6iJcitYofedgewater.org, mokeefe(d)citvofed¢ewater.org, Kconrovacitvofedeewater.ore Subject: Proposed Marina/Restaurant Dear Mayor and City Commissioners, As a resident on Riverside Drive I urge those of you who voted"YES' on this project to reconsider and vote "NO." I commend Commissioners Gary Conroy and Kim Klein-Yaney for refusing to approve this project. It would a travesty to approve this project that will negatively impact Riverside Drive(a residential street with the exception of recreational areas owned by the City of Edgewater) and property values. And those residents who happen to live on Boston Road. While other cities in Volusia County are making efforts to preserve and conserve the Indian River Lagoon, it appears that those of you who voted in favor of this project simply do not care that this project will negatively impact the already imperiled body of water. How can you ignore the Land Development Code,the Coastal Element,and the Indian River Lagoon Management Council? The zoning and environmental regulations were put into place to ensure sound and beneficial development for the residents of Edgewater. If you approve this project you will be shouting loudly and clearly that you will ignore your duty as Commissioners to work for your citizenry and instead give away our most precious resource to a wealthy non-resident developer who is only interested in making money. I know of no one,aside from those of you who voted for this project,who is in favor of it. Whether the taking of Boston Road is a License or a Lease is a distinction without a difference. It is not the same as the businesses on Canal Street benefiting from parallel parking as stated by City Manager Glenn Irby.Putting large water retention ponds (due to excessive run off created 1 by the paving of the entire .8 acres and Boston Road)does not equate to improvement of the road as stated by Richard Kowalski. There is simply not room to build this colossal restaurant, bait shop, gift shop, marina on the small amount of land purchased by Mr. Kowalski for a mere$650,000. This project as proposed would do far,far more harm than good for the Riverside Drive neighborhood,the Indian River Lagoon and the City of Edgewater. I beg you from the bottom of my heart not to ruin things for the benefit of a rich outsider and a fist full of dollars for the City of Edgewater. If a large restaurant is so badly needed it makes more sense to move the City offices and Police Department inland and utilize that valuable piece of real estate for that purpose. Sincerely, Della M. Ragans 2115 S.Riverside Dr. Edgewater,Florida 2 Haley Walker From: Robin Matusick Sent: Monday,June 24, 2019 6:30 PM To: Bonnie Brown;Kelsey Arcieri; Haley Walker Subject: Fwd: Restaurant Bonnie/Kelsey -marina Haley- 10 copies,paper clip in folder Sent from my iPhone Begin forwarded message: From: Guelda Danesky<piratesgir103@=ail.com> Date:Jane 24, 2019 at 5:48:14 PM EDT To: cuowerna citvofedeewatecorg, kvanevkcitvofedgewater.ore, girbv( ,citvofedeewater.org, mthomas6dlcitvofedeewater.ore,mokeefna.citvofedeewater.org, Rcomoy-@citvofedeewater.ore Subject: Fwd: Restaurant Sent from my iPhone Subject: Restaurant Dear Mayor,City Council and City Officials: My name is Guelda Danesky and I am a new resident of this beautifiil little town. My husband and I moved here to be close to the wonderful natural beauty of the river and beaches. We have recently learned of the proposed marina/restamant/bait shop and are very concerned of the effect this will have on our fragile river and lagoon. One of our favorite drives each week is to go from the south bridge down Riverside Drive to Edgewater all the way to the end. It is a very narrow road and I wont'about increased traffic and overflow parking. Please consider how a development of this size will impact the neighborhood. Yes, a new restaurant would be nice,but not on this small parcel of land. Thank you for listening to all sides of this project. I hope to attend the July 1 meeting and see our officials do the right thing. Sincerely, Guelda Danesky Florida Shores resident t Sent from my Whone 2 Haley Walker From: Robin Matusick Sent: Tuesday,June 25,2019 11:29 AM To: Bonnie Brown;Kelsey Arcieri; Haley Walker Subject: Fwd:Riverside Drive Bonnie/Kelsey -marina Haley- 10 copies,paper clip&folder Sent from my iPhone Begin forwarded message: From: Judy Schofield<ihschofield(wahoo.com> Date: June 25, 2019 at 12:36:57 AM EDT To: mthomasnikitvofedeewater.org Subject: Riverside Drive Please rethink the marina development on Riverside and Boston. It will be a detriment to our community. Judy Schofield Sent from my iPhone t 6125/2019 ATT00001.1rtm From: Glenn Irby Sent: Tuesday,June 25, 2019 10:34 AM To: Darren Lear; Bonnie Brown Subject: FW: in Support of Marina Project See below and attached. From: Rebecca Crews Imailto:rcmws@.whaleocoml Sent: Tuesday,June 25, 2019 10:08 AM To: Glenn Irby Subject: in Support of Marina Project Good morning Glenn I have attached the letter in support of the Marina Project on Boston Road/Riverside Dr. I sent copies to the Mayor,City Council and Samantha. Thank you Best Regards, Rebecca Rebecca Crews VP of Strategic Engagement Boston Whaler,Inc. 0-386-409-6470 C-386-690-8457 Assistant: Marcella Achilles 386-409-6511 filea//C/Usersrhwalker/AppDaWLocal/MicrosoftWndowe/INetCache/Conlent.Outlook/6MWBBWIM/ATT00001.hhn 112 6125/2019 ATTOOOOt.Mm This email message may contain confidential or privileged information. If you are not the intended recipient,please delete the message and any attachments and notify the sender by return email. You should not retain,distribute, disclose or use any of the information in this message. file://IC/Uwe walker/AppDaWL4 lMicrosoM in owsliNetCachWContent.Outlook/6MWBBWIMIATT0000l.hM 2J2 Dear City Council Member I've been meaning to follow-up with you on the Edgewater Marina project. I live about a block from this site and would very much welcome the addition of waterfront activities including restaurant and bait shop and gas. We often go to 1B's Fish Camp for an afternoon on the water. We would love to spend our money right in our own back yard and keep the tax revenue in Edgewater. In addition,to gas our watercraft today,we must go to the North Causeway Marina in NSB which is about 25 min (with no wake zones(one way. Again—would love to keep the tax revenue in our area. As you know I was at the P&Z meeting and the City Council meeting for reasons other than the Marina. I was glad the project was on the agenda and I could hear the concerns from the neighbors;After the meeting,I thought I would investigate the run-off and parking concerns myself. I have made a point to drive by Boston Road at least 6-7 times per week over last few weeks. I even purposely drove down to Boston Rd during a heavy rain and found Boston Road washes out and runs off to either the river or towards the homeowner that has concerns. The current plan from the proposed project corrects the stormwater run-off at no cost to the City as well as maintaining the systems in perpetuity. I also looked at the homeowners parking. During drive-buys, I often see 4-5 cars parked on Boston Road from the Riverhont homeowner—which is there right as it is a City right of way. Once in the last few weeks I saw in excess of 8 cars parked. It does seem the City is being very fair in allocating four dedicated parking spots to the homeowner on a City right of way. My home on Riverside Drive also shares a driveway with the house in front of ours and I could not imagine the owner would allow an easement to park on their driveway. I believe four spots is very fair. Today,there is no guarantee any parking spots for this homeowner. It seems the civil engineering plan the developer has offered would reduce run-off into river and help reduce contamination to the river. Parker Mynchenberg is civil engineer we used for Boston Whalers expansion and he is well respected and trusted in this area. He is credited with multiple successful sub- divisions and commercial properties from Brevard Co to Flagler Co. I consider him a respected expert in stormwater management. Lastly,the marina was a marina when I moved to this area in 1997 and to my knowledge was a marina when the homes around it were built. It feels like it should continue to be a marina providing access to the water,dockage,and gas to our citizens with added City tax revenue and jobs. I would imagine having gas access closer to Boston Whaler would also provide a benefit for our boat testing activities. Access to water is part of the lifestyle and pleasure our residents live here to enjoy. I am respectfully asking you to vote to approve the marina and restaurant project on July 1'. Thankyou Best Regards, Rebecca Crews 2139 S. Riverside Or Edgewater,FL 32141 Haley Walker From: Robin Matusick Sent: Tuesday,June 25, 2019 11:33 AM To: Bonnie Brown; Kelsey Arcieri; Haley Walker Subject: Fwd:B-4 Zoning Bonnie/Kelsey-marina Haley- 10 copies, paper clip&folder Sent from my Phone Begin forwarded message: From:Glenn Irby<girbv(DCITYOFEDGEWATER.ORG> Date:June 25,2019 at 11:17:16 AM EDT To:Christine Wofford<cwoffordOCITYOFEDGEWATER.ORG> Subject:B-4 Zoning Good Morning, I have received several reports from Council members aboutyour meetingswith Ken Hooperet al yesterday. One thing mentioned almost tripped me up. Apparently Ken Hooper said at one point because Cameron's buildings had been razed,the owner cannot rebuild as a marina. This is the far from the truth. Cameron's Marina did not exist as a Special Exception Use for/on that site. A marina is a permitted use within the B-4 zoning. Even when the buildings were razed,the permitted use remained. A marina can be rebuilt on the property without further regard to zoning or changes thereto. Hope this helps? If any of you would like clarification on any point mentioned yesterday,please let me know. Glenn t Haley Walker From: Robin Matusick Sent: Tuesday,June 25,2019 12:36 PM To: Bonnie Brown; Kelsey Arcieri;Haley Walker Subject: Fwd:Save S. Riverside Drive Ladies here is another one, you k ow what to do,thanks Sent from my iPhone Begin forwarded message: From: "Bridget V. Murphy" <iambvmngmail.com> Date: June 25, 2019 at 12:07:11 PM EDT To: mthomas,�&,citvofedgewatecorg, "Megan O'Keefe" <mokeefe(a),citvofedgewater.org>, cnowerna.citvofedgewter.or2 Subject: Save S.Riverside Drive Dear Mayor and Councilmembers, I am emailing you today regarding the re-development of the property located on 2001 S. Riverside Drive by Mr Kowalaski and ASKI. As a new home owner, across the way from this property, I am not only very concerned about the de-value of my home but the cost to the neighborhood and the environmental impact to the lagoon. I am appealing to your common sense and common decency to deny ASKI current request to change the zoning and right of way on a public street. Just take a minute of your time to: Think the the neighbors that own homes there; Think about the additional traffic, including trucks on small scenic Riverside Dr.; Think about the Trash smell from waste of seafood restaurant; Think about the 100 year flood planwhich is 6feet in elevation; Think about the already destruction of specimen trees and mangroves; Think of future generations of Edgewater residents and finally Think about the future and smart growth rather than place revenue above the quality of life for the residents of the Edgewater Thank you for your time. Sincerely, id et h Br V 9 V. Murphy Y t 1928 S. Riverside Dr. Edgewater, FI 32141 z Robin Matusick From: michael mckenna <mickym2922@bellsouth.net> Sent: Tuesday,June 25, 2019 3:14 PM To: Michael Thomas;Gary Conroy; Megan O'Keefe;Kim Yaney, Christine Power Subject: RE:Public right way on Boston Road Dear Mayor and Council Members As I stated I am for this project to move forward, but if you use simple math-where are these cars going to park? Riverside Drive and side streets. Not enough parking for the size of the property. If this was your house-would you want a retention pond, dumpster and loading dock right outside your front door? There is not enough land even when adding Boston Road to handle the influx of customers and proper staffing. Something has to give on this.57 spaces is less than half necessary to build out a project of this magnitude! In good conscience how can you,the Council Members along with the Mayor move forward knowing this? Did you go out and visualize the property with these changes.The property owners laid out all the proposed changes. Seeing is believing. I hope you change yourvote to No with the knowledge of what was shared with you. Look forward to seeing all of you on Monday and hearing how all of you will vote on this project! Regards, Mike McKenna Sent from Mail for Windows 10 From:Michael Sent:Saturday,June 22, 2019 12:57 PM To: mthomastacitvofedgewatecorg:gconrov@citvofedgewater.org: mokeefe(u)citvofedgewateLgM kvanev(5c!tvofedgewatecorg:coower@citvofedgewater.org Subject: Re: Public right way on Boston Road Dear Mayor and Commissioners, I went to the rally at 10:00a.m today. After seeing the placement of the retention ponds,the proposed walls and the 4 parking places,one idea came to me. Why is this happening! First this is land owned by the residents of Edgewater and maintained by the city.Who gives you the right to do this? This is not part of the property ASKI purchased. When I built my home at 1509 South Riverside Drive the city mandated that I have 4200 square feet of retention on my property-not my neighbors and not on city property! Looking at the layout of the city's and developers proposed layout, I don't understand how this got out of the building and zoning plan review! Please go by the property and see the actual layout of how the developers are taking advantage of the city.The homeowners marked off the retention areas,garbage area, parking areas,6 foot high concrete wall with an additional foot chain link on top for everyone to see. t I strongly urge each of you make a trip to see it in person and not on a set of plans. It opened my eyes! Again, I am for smart development of this property but the foot print is too small for what is being proposed. An alternative is to move the proposed project.Relocating it down near Boston Whale.That would be a win for the developers and the city. Thank you so much for your time and I hope your visualization that they put together at the property will bring you more clarity to this proposal. Regards, Michael and Janet McKenna Sent from my iPhone On Jun 18,2019, at 5:20 PM, michael mckenna<mickvm2922(mbellsouth.net>wrote: Dear Mayor and Commissioners. First and foremost I think that the project on Riverside Drive is a win for the City of Edgewater! I have some concerns and I feel that since I was not able to be at the last meeting due to me being out of the country that I should contact each of you and voice them in a letter. I feel as a homeowner here in Edgewater and being a businessman in Volusia County I might be able to share some of my experience and expertise with each of you.Some of you know me personally but for those who don't I have been a restaurant owner here for 16 X years at McKenna's Place in New Smyrna Beach. Prior to that I have owned,operated and managed restaurants for 41 years.This is where my expertise and knowledge might help in regards to staffing a restaurant properly and the parking needed to sufficiently grow a business of this magnitude. I understand that the footprint for the marina property is going to include the following: 44 slips=44 parking spaces by code. Bait and Tackle Shop-Kayak rental business. I suppose that they will do the rental business out of this part of the 6000 Square Foot Building=4 staff members=4 parking spaces needed and another 6-8 spaces for customers that rent Kayaks and will be leaving their car on premise. 4600 Square Foot Restaurant= 160 seats=40 spaces needed per code=4 persons per car. From my experience in the business I do not feel 40 spaces will be sufficient but lets go with the code on this. Staffingforthe Restaurant:This is my expertise! 1-General Manager 1-Floor Manager Lunch shift,2 Floor Managers Dinner Shift Bartenders-2 Lunch Shift, 3 Dinner Shift Bar Back-1 Lunch Shift, 1 Dinner Shift Servers-5-6 Lunch Shift,7-9 Dinner Shift Bus Boys/Gids-2 Lunch Shift,2-3 Dinner Shift Host/Hostess-2 Lunch Shift,3 Dinner5hift Kitchen Manager and Cooks,4 Lunch Shift, 5 Dinner Shift Dishwasher- 1 Lunch Shift,2-3 Dinner Shift-one to be used as a prep cook at Dinner. 2 Total staff Lunch Shift=205taff Members Total staff Dinner Shift=30 Staff Members Total parking for the Restaurant staff--25 spaces on average per Lunch or Dinner Shift depending on sales forecast. Restaurant personnel do not have a habit of carpooling together,due to the different times that their shift would start and finish. Total parking to meet basic needs : 119 spaces I do not know how many parking spaces are on the plans that were submitted to the city.If I were a homeowner in that area of Riverside I would be talking to each of you and the building department with grave concern that people will be parking on my property and lawn.We do not have the luxury that Goodrich's has down in Oak Hill and at times its super difficult to find parking down there. Look at Out Riggers in NSB and the parking problem that happens on a nightly basis.At least they have the overflow parking in regards to the boat launch site next to the restaurant.Which if the police monitor will issue parking ticket to those patrons who park their and hated by the boat owners who cannot launch their boat due to illegal parking for the restaurant. Parking if not done right from the beginning of this project is going to not only haunt the City of Edgewater,The Police Department in illegal parking citations, but mostly the tax payer(homeowners) who live close to this property. I hope each of you will come to the neighborhood meeting on Saturday June 22,2019 at 30 a.m.to noon to listen to the neighborhoods concerns. I am not on this committee or affiliated with this group, but I am a very concerned citizen in regards to the growth on Riverside Drive. Regards, Michael McKenna 386-316-5889 1509 South Riverside Drive Edgewater, Florida 32132 Sent from Mail for Windows 10 3 Robin Matusick From: Maryann Thorhallsson <maryannthor@gmail.com> Sent: Tuesday,June 25, 2019 5:28 PM To: Michael Thomas Subject: Your valuable time. I can't thank you enough for sharing your valuable time yesterday with your constituents and our attorney. You were open,honest, and curious. As an environmental enthusiast yourself,it was encouraging to see what a great listener you are when environmental concerns were discussed. There were many topics before you and you were attentive and patient. Thank you so much. r Robin Matusick From: michael mckenna <mickym2922@bellsouth.net> Sent: Wednesday,June 26,201911:13 AM To: Michael Thomas;Gary Conroy; Megan O'Keefe; Kim Yaney,Christine Power Subject: RE: Public right way on Boston Road Dear Mayor and Council Members, If each of you have received this email before I apologize for resending it again.Having computer problems.Thanks for your understanding! As I stated I am for this project to move forward, but if you use simple math-where are these cars going to park? Riverside Drive and side streets! Not enough parking for the size of the property. If this was your house-would you want retention ponds,dumpster and loading dock right outside your front door? I understand it was a marina before but the entire property is changing and.80 acres will not accommodate the size of this proposed project. There is not enough land even with adding in Boston Road to handle the influx of customers and proper staffing. Marina, Bait and Tackle Shop, Restaurant, Kayak Rentals and Boat launch area.Look at City Hall on the weekends and holidays) Something has to give on this. 57 spaces is less than half necessary to build out a project of this magnitude! In good conscience how can any one of you move forward knowing this?This project should have never made it out of Zoning and Planning!It's up to each of you to do the right thingl Did each of you go out and visualize the property with these changes.The property owners laid out all the proposed changes.Seeing is believing. I hope you change your vote to No with the knowledge of what was shared with you. Look forward to seeing each of you on Monday and hearing how all of you will vote on this project! Regards, Mike and Janet McKenna Sent from Mail for Windows 10 From:Michael Sent:Saturday,lune 22,201912:57 PM To: mthomas(&citvofedgewater.ore: Fconrov(@citvofedgewater.org;mokeefe@citvofedgewater.org; kvanev(dcitvofedgewater.org:cPower(Mcitvofedgewater.org Subject: Re: Public right way on Boston Road Dear Mayor and Commissioners, 1 went to the rally at 10:00a.m today. After seeing the placement of the retention ponds,the proposed walls and the 4 parking places,one idea came to me. 1 Why is this happening! First this is land owned by the residents of Edgewater and maintained by the city.Who gives you the right to do this? This is not part of the property ASKI purchased. When I built my home at 1509 South Riverside Drive the city mandated that I have 4200 square feet of retention on my property-not my neighbors and not on city property! Looking at the layout of the city's and developers proposed layout, I don't understand how this got out of the building and zoning plan review! Please go by the property and see the actual layout of how the developers are taking advantage of the city.The homeowners marked off the retention areas,garbage area, parking areas,6 foot high concrete wall with an additional 4 foot chain link on top for everyone to see. I strongly urge each of you make a trip to see it in person and not on a set of plans. It opened my eyes! Again, I am for smart development of this property but the foot print is too small for what is being proposed. An alternative is to move the proposed project. Relocating it down near Boston Whale.That would be a win for the developers and the city. Thank you so much for your time and I hope your visualization that they put together at the property will bring you more clarity to this proposal. Regards, Michael and Janet McKenna Sent from my iPhone On Jun 18,2019,at 5:20 PM, michael mckenna<mickvm2922@bellsouth.net>wrote: Dear Mayor and Commissioners. First and foremost I think that the project on Riverside Drive is a win for the City of Edgewater! I have some concerns and I feel that since I was not able to be at the last meeting due to me being out of the country that I should contact each of you and voice them in a letter. I feel as a homeowner here in Edgewater and being a businessman in Volusia County I might be able to share some of my experience and expertise with each of you.Some of you know me personally but for those who don't I have been a restaurant owner here for 16 74 years at McKenna's Place in New Smyrna Beach. Prior to that I have owned,operated and managed restaurants for 41 years.This is where my expertise and knowledge might help in regards to staffing a restaurant properly and the parking needed to sufficiently grow a business of this magnitude. I understand that the footprint for the marina property is going to include the following: 44 slips=44 parking spaces by code. Bait and Tackle Shop Kayak rental business.I suppose that they will do the rental business out of this part of the 6000 Square Foot Building=4 staff members=4 parking spaces needed and another 6-8 spaces for customers that rent Kayaks and will be leaving their car on premise. 2 4600 Square Foot Restaurant= 160 seats=40 spaces needed per code=4 persons per car.From my experience in the business I do not feel 40 spaces will be sufficient but lets go with the code on this. Staffing for the Restaurant:This is my expertise! 1-General Manager 1-Floor Manager Lunch Shift,2 Floor Managers Dinner Shift Bartenders-2 Lunch Shift,3 Dinner Shift Bar Back-1 Lunch Shift, 1 Dinner Shift Servers-5-6 Lunch Shift,7-9 Dinner Shift Bus Boys/Girls-2 Lunch Shift, 2-3 Dinner Shift Host/Hostess-2 Lunch Shift, 3 Dinner Shift Kitchen Manager and Cooks;4 Lunch Shift,5 Dinner Shift Dishwasher-1 Lunch Shift,2-3 Dinner Shift-one to be used as a prep cook at Dinner. Total staff Lunch Shift=20 Staff Members Total staff Dinner Shift=30 Staff Members Total parking for the Restaurant staff=25 spaces on average per Lunch or Dinner Shift depending on sales forecast. Restaurant personnel do not have a habit of carpooling together,due to the different times that their shift would start and finish. Total parking to meet basic needs: 119 spaces I do not know how many parking spaces are on the plans that were submitted to the city.If I were a homeowner in that area of Riverside I would be talking to each of you and the building department with grave concern that people will be parking on my property and lawn.We do not have the luxury that Goodrich's has down in Oak Hill and at times its super difficult to find parking down there. Look at Out Riggers in NSB and the parking problem that happens on a nightly basis.At least they have the overflow parking in regards to the boat launch site next to the restaurant.Which if the police monitor will issue parking ticket to those patrons who park their and hated by the boat owners who cannot launch their boat due to illegal parking for the restaurant. Parking if not done right from the beginning of this project is going to not only haunt the City of Edgewater,The Police Department in illegal parking citations, but mostly the tax payer{homeownersi who live close to this property. I hope each of you will come to the neighborhood meeting on Saturday June 22,2019 at 10 a.m.to noon to listen to the neighborhoods concerns. I am not on this committee or affiliated with this group, but I am a very concerned citizen in regards to the growth on Riverside Drive. Regards, Michael McKenna 386-316-5889 1509 South Riverside Drive Edgewater, Florida 32132 Sent from Mail for Windows 10 3 Robin Matusick From: Henry Spears <hdspears04@gmaitcom> Sent: Wednesday,June 26,2019 11:16 AM To: Michael Thomas Subject: East Boston Road Public Right of Way Mayor Thomas: Concerning the development that involves the East Boston Road Public Right of Way: Please accept this email as a respectful request that you, as an elected representative of the citizens of Edgewater, acknowledge and consider the sentiments of many constituents who feel that too many environmental and city regulations have been bent and broken, let alone city property being ceded to a private entity to produce a business that is of a size that it is not in character with the area. I do not understand how the process has matriculated to this point,but I believe that all agree that a common goal of"good governance and environmental responsibility"would suggest that we take a position now to reexamine why so many regulation variances are necessary, work with the community to clarify the nature of objections and then move forward. The sentiment that I detect is that a business that can operate within the city regulation and that is properly sized for the privately owned property,would be acceptable to local residents. Thank you, Dean&Meri Ann Spears 1706 S Riverside Drive 1 Robin Matusick From: ecornl@aol.com Sent: Wednesday,June 26,201911:18 AM To: Michael Thomas Subject: East Boston project Mayor Thomas, My wife and I live on Riverside Dr. in Edgewater and we are both very concerned about the way the council is voting in reference to the East Boston Ave. project for a restaurant, bait shop and marina. We have no problem with those being built to the size the property will accommodate which is .80+/- acres. It is ludicrous some council members are considering and have voted to allow E. Boston, which is a public street, to become part of the parking lot for the restaurant and marina, which is a private entity. We ask you to vote against this project if it entails using E. Boston as art of it's parking lot or to restrict the use of it. P Pa n9 Thanks Ed and Tudy Corn t Robin Matusick From: Glenn Irby Sent: Wednesday,lune 26,2019 2:48 PM To: Christine Wofford Subject: Boston Road Informational Update Good Afternoon, Someone has used yellow caution tape to mark off the three retention ponds planned on the north side of Boston Road as well as where the restaurant's dumpster and loading dock will be constructed if the Marina project is approved. Darren and I visited the site and took some measurements to gage against the site plan. Although we could not locate survey pins,our measurements come within a very few inches of what has been engineered and appears on the site plan using the chain-link fence as a starting point. If you haven't seen the markings, it is highly encouraged as I am most certain they will be referenced next Monday night. On another note,while Darren and I were measuring,we found one of the Cameron's resides in the duplex on the north side of Boston at Riverside. He was extremely irate and challenged the ponds,location of the right of way and why the east side of Boston doesn't line up with the west side. He also questioned how utility lines were over and in the right of way. Without an entire plat map,we were not able to answer most of his questions, but I will say all of what appears to be out there is not at all uncommon. Roadways don't always line up and utilities are always in and over rights of way. One pole appears to possibly create a conflict near the intersection of Boston and Riverside, but if the project goes forward, FPL will gladly relocate it as the franchise agreement requires. Let me know of any questions you may have. Glenn t Robin Matusick From: Maryann Thorhallsson <maryannthor@gmail.com> Sent: Thursday,June 27, 2019 7:00 AM To: Michael Thomas;Gary Conroy;Christine Power, Megan O'Keefe; Kim Yaney Subject: 2001 S. Riverside Drive Good morning. First,let me thank you all for your hard work and good service to the city of Edgewater. It is my assumption always,that each of us does the best we can given the circumstances we find ourselves in, and the information we have at hand. Secondly,I can safely say that I represent marry residents of Edgewater in our desire to have a small scale Restaurant,Marina, and Rental on the 2001 purchased property. This has never been a protest against sensible development appropriate to this residential community. Finally,I appeal to all of you to vote for a solution that is a compromise for everyone. A compromise that supports sensible Redevelopment and also supports the community in which it might be placed. Thank you for all of your good efforts in this endeavor. Your time and your attention to the details of this situation have been much appreciated. t 4r, r Issues of accessibility of the proposed development of East Boston Rd. Good evening Mayor and Council persons. I would let to express the concerns I have in relation to the redevelopment of East Boston road, public right of way. o As the proposed plan stands there are no accessible parking spaces or pathways on Boston Road. This poses a problem as one of the homeowners at 205 East Boston Rd. as well as multiple family members including myself are legally disabled. I suffer from debilitating back and spinal cord injuries, which cause me to be an ambulatory wheelchair user. As such, we are guaranteed by Section 206.2.1 of the ADA standards, an Accessible Approach and Entrance to our family home and an Accessible Means of Egress or A continuous and unobstructed way of travel from any point of our Home to an exit, or a public way. o As the proposed plan shows there are going o be three extremely large retention ponds that will create a solid barrier wall along the almost the entire right of way, that does not exist as Boston rd is today. This wall in its totality will reach about 7 ft high. Eliminating any chance of having a continuous and unobstructed way of travel to our property, Not only is the developer erecting a giant barrier but the plan calls for a the right of way to be elevated approximately 3 to 4 ft above our homes ground level. o The proposed development plan eliminates the current ground level vehicular access to our home. Since we have wheelchair dependent individuals in our family including one of the homeowners. The ADA requires one route from "site arrival points' such as parking areas, passenger loading zones, and public sidewalks that do not need stairs to access. Due to dumpsters, loading zones and three retention ponds being placed in the public right of way the proposed plan as is does not accommodate the area necessary to grade down the 3 ft elevation they are proposing to the mandated running slope that is not steeper than 1:20 ratio which is required by Section 303.2 of the ADA. o Last point I will briefly touch on is the complete lack of any accessible parking on Boston rd in the proposed plan. The developers plan is in direct contradiction with section 208.2.4 of the ADA Standards which calls for at least one accessible van Parking and aisles for the 17 public spaces, and at least one accessible Parking Space and aisles for the 4 residential spots allocated to the home owner. o In conjunction with accessible parking spaces there also have to be aisles placed adjacent to accessible spaces that must also have no more than a two percent slope in any direction. e All spaces must be located on an accessible route so that users are not compelled to walk or wheel behind parked vehicles. This is an important point to consider as the developer has placed a loading zone directly in front of the two non accessible spaces on this plan that are placed closest to the entrance of the home. By placing a business loading dock in the right of way they are in direct contradiction to the ADA as it would require the homeowners all their visitors, including those that require accessible parking to have to walk or wheel behind or in front of delivery vehicles and semi trucks that do don't have adequate pedestrian visibility. c I implore you Mayor and Council persons to consider the safety of the public as a whole but specifically those Edgewater residents that need accessible access to safely live their lives. Please vote no, and do not allow East Boston Rd.-Public Right of Way to be included into the development of 2001 south river side drive. o Thank you'. I have also included for the council's consideration the pertinent sections I discussed from the ADA standards. o During the May Planning and zoning meeting at (24 mins 45 sec) Robert Andrejkovics asked "if you have a walker, if you're disabled how you are accessing the parking? Is there a three foot wall? "is the parking Ground level?" repeated twice • (Engineer )Mr. Parker "mhhm yes sir" repeated twice • At (51:06 to 55:30) Mr. Andrejkovics again asked if the driveway leading to the Cameron's residence and the 4 designated parking spots for 205 Boston Road were ground level and if the residences would have vehicular access. • Engineer Mr. Parker responded in the affirmative "yes" 9 ADA Ramp Specifications o As defined by the ADA, a ramp is a sloping route constructed with a slope greater than 1:20 (1 inch of vertical rise for every 20 inches of horizontal length, or run) and must conform to the standard ADA specifications for ramps. • Ramps may have a maximum slope of 1:12. • Ramps must be a minimum of 36 inches wide. Some areas require wider ramps. • All edges must be protected to keep anyone from slipping off. • All ramps shall have top and bottom landings as wide as the ramp itself and at least 60 inches long. • Landing size must be at least 5 feet square. • Ramps must have handrails on both sides if their rise is greater than 6 inches or their length is greater than 72 inches. • Cross slopes (areas where a ramp slopes sideways, perpendicular to the ramp's length) must be less than 1:50, and surfaces must be slip-resistant and stable. • A level landing is required at the bottom and top of the ramp. Accessible Means of Egress, Accessible Approach and Entrance o Section 206.2.1 of the ADA standards States that at least one accessible route shall be provided within the site from accessible parking spaces, accessible passenger loading zones; public streets, sidewalks; and Public ways. Any street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public, for public use and which has a clear width and height of not less than 10 feet (3050 mm). o Accessible Means of Egress. A continuous and unobstructed way of travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way. 4.14.1 Minimum Number. Entrances required to be accessible by 4.1 shall be part of an accessible route complying with 4.3. Such entrances shall be connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, and to public streets or sidewalks if available (see 4.3.2(1 )). They shall also be connected by an accessible route to all accessible spaces or elements within the building or facility. An accessible approach and entrance, is crucial, and that means addressing driveways, access roads, sidewalks and parking facilities. A primary consideration for driveways and entries is the slope of the surface. The ADA gives directions on determining the slope of an area, and the maximum slope allowed for a ramp is 1:12. That means for each inch of height change, there must be 12 inches in length. For other parts of the route that do not include a ramp. the maximum slope is 1:20. Similarly, this means 12 inches of route run must accompany each inch of height change. Further, at least one accessible parking space must accommodate van access, with other accessible spaces measuring eight feet wide. While private parking areas at residences do not have to follow these rules, it's helpful to consider the measurements when determining how wide and long to make a driveway. Helpful Definitions Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. Vehicular Way : A route provided for vehicular traffic, such as in a street, driveway, or parking facility public transportation stops to the accessible building or facility entrance they serve. City of Edgewater Estimated Revenue/Cost analysis of Annexation 120 Godfrey Rd.-Parcel IDN 841303000320 Estimated Revenue/Cost analysis of Annexation-Impact to City Before After Addition Revenue sources to City of Edgewater: Annexation Annexation (Reduction) Ad-Valorem- Fully exempt - - - Water&Sewer 31.51 25.21 (6.30) UTTax - 2.52 2.52 Stormwater - 11.00 11.00 Refuse - 27.66 27.66 Sales Tax I'I - 62.81 62.81 est. per capita Communication Services Tax Irl - 23.61 23.61 est. per capita Local Option Fuel Tax 111 - 23.57 23.57 est.per capita Additional Costs to City: Water Utility Services- N/A City already services this property Refuse Services-N/A City already services this street Police Services-economies of scale- no additional incremental cost anticipated Fire Services-economies of scale - no additional incremental cost anticipated Estimated Revenue/Cost analysis of Annexation-Impact to Citizen Before After Addition Costs to Citizen: Annexation Annexation (Reduction) Ad-Valorem- Fully exempt - - Water&Sewer 31.51 25.21 (6.30) Stormwater 6.00 11.00 5.00 Refuse 19.83 27.66 7.83 Sales Tax 62.81 62.81 - Communication Services Tax 23.61 23.61 - LocalOptionFuelTax 23.57 23.57 - (1)Actual distrubution formula contains other variables in addition to population. Per capita estimates were used in this estimation of revenues for most efficient calculation methodology. (2) Actual distrubution formula based on an interlocal agreement. Per capita estimates were used in this estimation of revenues for most efficient calculation methodology. Documents Supporting the Approval of Ordinance No. 2018-0-33-Richard Kowalski Requesting an Amendment to the Official Zoning Map to Include 1.26 acres of land Located at 2001 South Riverside Drive as BPUD (Business Planned Unit Development) and Approval of the Associated BPUD and Right of Way Use Agreements. i Submitted on behalf of ASKI Development,LLC Prepared By: Anna H. Long,Attorney Dean,Mead,Egerton,Bloodworth, Capouano& Bozarth, P.A. 420 South Orange Avenue Suite 700 Orlando,Florida 32801 Email: Alone(a),deanmead.com Phone: 407-428-5120 Documents Supporting the Approval of Ordinance No. 2018-0-33-Richard Kowalski Requesting an Amendment to the Official Zoning Map to Include 1.26 acres of land Located at 2001 South Riverside Drive as BPUD (Business Planned Unit Development) and Approval of the Associated BPUD and Right of Way Use Agreements. �Ir BINDER INDEX 1. Marina Summary 2. Edgewater Marina Rendering 3. E-mail Correspondence between M. Thorhallson's Attorney Joshua Wells & ASKI Development Attorney Anna Long a. E-mail dated 1/25/19 b. E-mail dated 2/11/19 c. E-mail dated 2/18/19 d. E-mail dated 2/22/19 4. FDEP/ERP Permit No.: 0342863-003-EI 5. FDEP/Consolidated ERP a. Permit No.: 64-342863-002-EI b. E-mail from FFWCC c. Letter from Division of Historical Resources dated 8/30/18 6. Sovereignty Submerged Land Lease a. E-mail from James Knipp b. Cancelled Check c. Previous Lease V foci AGENDA REQUEST #2012-020 r ; Date: February 23 2012 �I/ PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS March 5.2012 ITEM DESCRIPTION: Update on research relating to Cameron's Marina BACKGROUND: For the last couple of years representatives of the City have had informal conversations with the property owner of property located at 2001 S. Riverside Dr. also known as "Cameron's Marina" regarding the consideration of purchase. The interest is encouraged by reference contained in the Comprehensive Plan as well as the Comprehensive Economic Development Strategy. Most recently (10-20-11) the City had executed a mutual Letter of Interest and Intent providing for a 75 day period whereas the property owner had agreed not to list the properly while we completed additional due diligence. The City Council also later authorized funds to complete such due diligence. k The due diligence has afforded opportunity to obtain a boundary survey to include depth soundings, an �y extensive evaluation of the over the water structures,title search and comparative appraisals. STAFF RECOMMENDATION: None recommended at this time as this is only an update on research completed. ACTION REQUESTED: Noue'requested at this time. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUDtED) YES_ NO X PREVIOUS AGENDA ITEM: YES_ NO X If so,DATE: January 9. 2012 AGENDA ITEM# 1 Cc Respectfully submitted, Concurrence: Trace low Robin L.Matusick City anger Paralegal Marina Summary March 5,2012 Basic Description & Market 57/ Cameron's Marina—2001 S.Riverside Dr.Edgewater,F132141 es .82 uplands and .46 submerged land= 1.28 acres.Additiona1.678 acres leased from the State through a submerged land lease agreement. �i Submerged land Lease from the Sum of Florida is for permitted 45 wet slips (Aug. 2008— Aug. 2013). Aa 3 structures (1 commercial and 2 residential with 3living units) Supporting Planning Document rya Comprehensive Plan. a) Coastal Element Goal 5: Public Access. Provide, maintain and improve public access to the sovereign lands of the coastal management areas through the provisions of coastal access facilities,fishing piers,boat tamps and marinas. b) Recreation and Open Space Element Goal L• Provide sufficient recreational parks, facilities and open space areas to meet the needs of the community and its visitors that satisfy the health, safety and welfare of all This includes all groups such as handicapped, elderly and pre-school age childrem D Objective 1.6: Public Waterways Accessibility. Increase the accessibility to ` public waterways,particularly the Indian River. V D Policy L6.L• Securing Access Points to the Intercostal Waterway. The City shall attempt to secure additional access point along the Intercoastal Waterway through the most economical methods;grants,impact fees and general revenues. D Policy 1.6.4. Pumbasing Property between Riverside Dr. and U.S. 1. By December 2014, the City shall coordinate efforts to purchase property between Riverside Dr. and U.S. 1 to increase downtown parking so that resident and visitors of Edgewater can further access the Indian River. oga Comprehensive Economic Development Strategy(CEDS). a) GOAL 4. Increasing Waterfront Access and Activity The City of Edgewater recognizes the importance of the Indian River making the community an attractive place to live and work and is promoting the City as a potential visitor destination. The City further recognizes needs to provide increased access to and enjoyment of the River and to promote and facilitate development of certain waterfront properties for commercial and marine uses attractive and inviting to resident and visitors alike. D Objective 4.1. Improve Etdsting Public Access Facilities 4.1.1. Inventory and assess all existing public access facilities along the Indian River. 4.1.2. Develop a plan and program for improving these facilities and sites to make them more accessible,user-fiiendly,and safe. D Objective 4.2.Identify and Promote Development of Waterfront Sites ' 4.2.4. Identify other vacant and developed properties that may have potential for waterfront redevelopment and facilitate their development as needed Listinn -& Original list-$675,000 Ja Now commercially listed-$699,000 0& Last counter offer by ownet on Feb. 2,2012-$560,000 Appraisal ' 14 Cooksey gone 2011)-$525,000 t PomeroyQan 20m-$594,000 Difference of$69,000 Middle-$559,500 Cowatiso Property in the 1500 blk.of S.Riverside Dr recently sold in Jan. 2012 for$308,000 for 1.115 acres equaling$276,233/acre. I& Current salting price of Manna$560,000 ($437,500/acre) Ad oining Property Also immediately adjacent to the West of the manna site is a vacant single family residential property ` that is for sale with a listing pike of$120,000. This parcel is at the Southwest comer of Boston Road and S. Riverside Dr. The parcel is with a 'clouded" title as a portion of the structure encroaches into the city fight-of-way. Existin¢Conditions/lagpections �a Marine Inspection(DMC Dec 2011) -docks deteriorated to the point all have to be demolished and reconstructed.Most also dredge the entire area as well. Demolition cost is approximately$100,000 Reconstruction and dredging(including permitting) estimated at approximately$640,000 Estimated Improvements/Phased Development Consideration Ceaptpro WHm pock I plaomm aM@eEahgCM EStl * Yen• Ydiar+ i bban0as M L9 MO HQYY x .Y a. am0w 000 S tt.awoa 0oei ma,i.rmaa.er 9p x.00 YM.mi ♦ ..s m0 6xk.caiaY.ma .m to �eY e Y m sm0 aam0 6 vd Yh YYnto-YfaY 1,000 RO fxVP9 x urs.. s YorYw soYu�map is Om e se.dwmrsl u lis tse0 v a k Y.e YyW - YYosmaY- as pamk 14mip.etawMNxavAamaiwwl.YaiabawYt�lY mwnvemsiie+Ktisry x0s n ASYdS1W bvmh,Y6YWYiMYamYb .dkN Phase I(FY2011/2012f. a) Purchase the marina prop" and adjacent tesidential property located at 2002 S. Riverside Drive. b) Demolish existing structures and restore to accommodate a temporary passive park. c) Rent the 2002 S. Riverside Drive residential property and apply rental revenue towards any debt associated with acquisition. Phase 11 (FY2012/2013f. a) Rebuild shoreline stabilization and over-water dock structures. b) Enhance dock area by outfitting a portion of the wet slips with boat lifts. This will allow for versatility in customer base and increase revenue opportunity as well as reduce environment impact by removing stored vessels from the water. c) Pursue a Department of Environmental Protection Ckan Marina designation. d) Attract ecotoutism related vendors and commercial guided and fishing tour ` industries to base their business out of the Edgewater Marina. 4A Phase III (Dependent on mipletian timeline of Ph ue If and addikonalgrmV1fxandal aurd/abidoy.. a) Add equipment to facilitate fuel sales, electric and sanitation sewer pump-out ability. These amenities will generate additional attention to the marina and area by attracting vessels commuting through the area Future Phase Considerstiom a) Rebuild the on-site retail business structure in order to accommodate and promote additional eco-toutism business by promoting additional guided and rental kayak tours. b) Lease business space for in-shore fishing guides to base their business out of the marina. c) Apply for additional slip a00c2tion and expand existing docks to permit for additional wet slip rental units. d) Consider establishing rental mooting sites within the vicinity of the magna e) Complete a Request for Interest (RFI) regarding the addition of a themed restaurant to be located at the marina. Future Slin Rental Revenue Slip Rental Revenue Saps Size feet 32 26 20 18 Monthly Rent per Foot $7.00 1 $7.00 $7.00 $7.00 Number of Slips 4 18 14 9 Monahly Sub-Tocol $896.00 $3,276.00 $1,960.00 $1,134.00 80%Capacity $716.80 $2,620.80 $1,568.00 $907.20 Estimated Annual Slip Rental Revenue $69,753.60 Firtanri�a Consideration Bank loan—March 2012 priced loan for$650,000 15-year term 3.25%interest rate=Annual debt payment$54,808 internal loan—Consider borrowing from funds set aside for future City Hall,FIND, unreserved or future Public Works facility. ,_ .�.. - 1 w 4 .�:K'^a �_a__ �i � # �� �� ' � _1 . { `�`e- � . . •I t - . . t , r ', { t � ` � � � � �; _ _ � �� R �� n'; . . ��» i4 i" 1� f S j t# ' • .f � .� t ~ f f '� �� � :i ' ,S i • _' � � � 'c I V E-mail Correspondence between M. Thorhallson attorney Joshua Wells & ASKI Development Attorney Anna Long (4l Anna Long From: Joshua Wells <jwells@surfcoastlaw.com> Sent: Friday,January 25,2019 3:09 PM To: Anna Long; 'awolfe@doranlaw.com' Cc: Betsy Laboy Subject: RE:Edgewater marina Thank you Anna. Aaron -Please let me know if you would like to set up a conference call to discuss any aspects of the matter. Thanks. Joshua C.Wells 340 North Causeway New Smyrna Beach, FL 32169 (386)428-3311 WRIGHT & CASEYea. .u.rc o.src.w.eo• This message is intended for the exclusive use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosures under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office by telephone,fax,or email,and destroy the original message received by you. Neither this message nor any %iiiiiiiattachment(s)establishes an attorney-client relationship,constitutes an electronic signature,or provides consent to contract electronically. _-- .___.______._.__----- ----- --- From:Anna Long<ALong@deanmead.com> Sent: Friday,January 25,2019 2:52 PM To: 'awolfe@doranlaw.com'<awolfe@domnlaw.com> Cc:Joshua Wells<jwells@surfcoastlaw.com>; Betsy Laboy<BLaboy@deanmead.com> Subject: FW:Edgewater marina Aaron, Per our conversation, please find attached the correspondence that resulted from the November 13, 2018 meeting in which my client,ASKI Development, LLC,ASKI's engineer(Parker Mynchenberg),Mrs.Thorhallson(neighbor to the NE), Mrs.Thorhallson's attorney(Joshua Wells,whom I have copied on this transmittal)and City staff attended to resolve Mrs.Thorhallson's opposition to my client's marina redevelopment. Mr. Wells and I spoke earlier this week. His client is of the understanding that the City is/will be considering vacating the ROW which lies between my client's property and his client's property and on which many of the improvements for parking and stormwater drainage are being proposed in the attached PUD/Site Plan. It is my understanding,that the City is not looking to vacate this ROW. 4s I understand it,the City staff is in agreement with the proposed PUD/Site Plan attached hereto,which as noted \.above, was revised to address the neighbor's concerns. Additionally, it is also my understanding,that an"easement" which has yet to be drafted,would be executed between the City and my client(it is not clear to me if Mrs.Thorhallson will be a parry to this easement agreement or not),to memorialize my client's rights to the improvements(and I assume 1 the neighbor's rights to the improvements)within the ROW, as well as future maintenance/costs responsibilities associated with the same. oMy client would like to proceed with the PUD/Site Plan approval process. Given that Mr.Wells and I have a different understanding as to what the City(staff) is supporting at this point,I am asking you to help us to confirm. If there is a benefit for a conference call or meeting to discuss the history/status of this matter, I ask that bothiMr.Wells and I be contacted so that each of our clients can be represented. As my client's project been at a standstill for several months now,your attention to this matter is greatly appreciated. matter Thank you, Anna DEAN Anna Long Attorney at Law ALonc7dearunea F: 1 MEAD O n,Mead, F 40]Jworth, D 407421�uana&B5120 M 4W1843d66 Dean,Mean.Egerton, ,Suite Bloodworth,Orlando,F 8 Borah,P.A. ork S.change Avenue,Suite]00,[Mande,FL 32601 Odantlo Fort Pierx Tallahassee Tam YereRAeDoume ATikY1NE19 AT LAW www.neanmead.com PRIVILEGED INFOIR101ATION DISCLAIMER:This email is intended solely for the use of the Individual to whom it is addressed and may contain information that is privileged,confidential or otbarawse exempt from tliWosu s under applicable law.If the reader of this email is not Ile intended recipient or the employee or agent responsible for delivering the message to bre intendetl mapienl,you are hereby noticed that any dissemination,distribution,or copying of this communication Is stridly prohibited.If you have received tics communication in erzor,please delete this email,destroy any hard copies thereof,and nody us Immediately by telephone.Thank you. From: Parker Mynchenberg rmailto•DkmvnchCdlamail coml Sent:Tuesday, January OR, 2019 1:25 PM To: Anna Long Subject: Fwd: Edgewater marina FYI .Aegin forwarded message: From: Parker Mynchenberg <pkmvnch(allgmail.com> 2 Subject: Edgewater marina Date: December 5, 2018 at 4:05:25 PM EST To: iwells(a,surfcoastlaw.com Cc: Darren Lear<dlearacitvofedeewater.org>,Bonnie Brown<bbrownla C=OFEDGEWATER.ORG>, 0"richkgri sunnliers.com" <richk@jtrsunoliers.com>,Jack Brown<starshootr@aol.com> Joshua, Attached are the following: 1. One copy of the revised draft PUD agreement(plain copy and red line)and transmittal letter to city. 2. One copy of the revised plan rendering. 3. One copy of the city response/review of the revised plan and PUD. Per our meeting note the 4 parking stalls and 6 foot masonry wall and additional landscaping are indicated . Please review and comment. Give me a call with any questions 386 212 1515. Parker Parker, As requested,I looked at the latest submittal and it appears to meet the criteria discussed at the November 13,2018 meeting with the adjacent property owner. Thank you, toonnie Brown Senior Planner 386-424-2400 ext. 1502 Darren, Attached are the following: 1. One(1)draft PDF of the revised Site Rendering and Draft Revised Site Plan. 2. One(1)draft revised Exhibit B. 3. One(1) draft Red Line and Draft Plain Copy of the PUD. 4. One(1)copy of my Draft Final Site Plan Resubmittal Letter. Per our meeting, I have provided the four(4)parking stalls,6-foot vinyl fence,two(2)20-foot vinyl 6-foot high roll gates, additional landscaping at north property line and relocated the dumpster to the kitchen. Once you review the drafts, please call me to discuss at 386-212-1515. 1 have included the "Word"document for your use in red lining additional revisions. Rich,Jack, Please review and comment. ildhank you, 3 ,Angie rFeldernnan Administrative Assistant fiJarker Mynchenberg &Associates, Inc. 1729 Ridgewood Ave. Holly Hill, FL 32117 Ph:386-677-6891 Fax 386-677-2114 4 Anna Long From: Joshua Wells <jwells@surfcoastlaw.com> Sent: Monday,February 11,2019 10:47 AM To: Anna Long Subject: Sketch of proposed changes to entry onto Thorhallsson property Attachments: Sketch of Changes to ROW.pdf Anna, As we discussed,my clients have proposed a change to the entry points onto their property,instead of creating the paved parking area on the most recently submitted plans. A sketch of the proposed changes is attached. (Shaded areas indicate stormwater). My clients would view this as a great improvement over the current location of the proposed parking area,but they have not indicated that they are,orwill be completely on board with the project,even with the proposed changes. Their primary concerns per my meeting last week,are: 1) Ensuring that the grade/slope from the developed parcel to their parcel would not prevent physically traversing the property boundary from the ROW onto their property(i.e.no step-down); 2) Ensuring that water sheeting off the parking lot cannot flow down the paved driveways onto their property and flood it;and 3) Creating access to the front and rear yards. The current versions of the plans have stonnwater retention elements in locations that would prevent work trucks or any other vehicles from accessing any part of the 64 property. The building pad for the developed parcel is significantly higher in elevation than my clients parcel,and the 60' ROW width doesn't seem to provide much distance for the elevation change. I understand that the permitting process would require an analysis of this,but so far,we have not seen any proposed plans for the elevation change or water sheeting on the paved driveways. There are no grates or drainage systems in the proposed driveways abutting my clients' property which would prevent water sheeting and flooding onto their property. We believe this should be addressed in the conceptual phase of the project since it will directly impact my clients'property. If I can obtain my clients consent through developer concessions,eliminating this concern will be a primary factor. Please let me know your thoughts on this,and the engineer's response to the proposed changes. Thank you. Joshua C.Wells 340 North Causeway New Smyrna Beach, FL 32169 (386)428-3311 WRIGHT& CASEYRa saarcoa eruw. cor• This message is intended for the exclusive use of the individual or entity re which it is addressed and may contain information that is privileged,confidential,and exempt from disclosures under applicable law. If the reader of this message is not the intended recipient it the employee or agent responsible for delivering the message to the intended recipient,you me hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited If you have received this communication in error, please notify this office by telephone,fax,or email,and destroy the original message received by you. Neither this message nor any 1 attachment(s)establishes an attomey-client relationship,constitutes an electronic signature,or provides consent to contract electronically. (60 2 Gk{c Ho 1 RETAININ }Y I^"bE fc�uirq. �. W/6FT VINYL 4 PROPOSED DOUBLE 2DFT 6 FT 41NYL FENCE W/ ROLUNP GATES }' NEW SEAWALL PARKING L f RETAINING W. W/6PT VINYL FEN, FASTING SEAWALL RETAINING WALL W/6FT VINYL FENCE �1AG KAYAK & PADDLE BOARD STORAGE " FUEL EDGEWATER MARINA MASTER PLAN PARKER MYNCHENBERG 5 ASSOCIATES, INC. PROfE &DI •RRS LINDSCMEn�1615 an O �aNA � 04-18-2018 REV. 11-18-2018 EXHIBIT B 40 Anna Long From: Joshua Wells <jwells@surfcoastlaw.com> Sent: Monday, February 18,2019 9:13 AM To: Anna Long Cc: Betsy Laboy Subject: RE:Sketch of proposed changes to entry onto Thorhallsson property Thank you,Anna. I'll talk with my client today and get back with you as soon as possible. Joshua C.Wells 340 North Causeway New Smyrna Beach, FL 32169 (386)428-3311 WMGHT & CASEY..x 4Y11iC 0Y lTl4T.FYY This message is intended for the exclusive use of the individual or entity to which it is addressed end may contain information that is privileged,confidential,and exempt from disclosures under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, please mlify this office by telephone,fax,or email,and destroy the original message received by you. Neither this message nor any attachment(s)establishes an attomey-client relationship,constitutes an electronic signature,or provides consent to contract electronically. From:Anna Long<ALong@deanmead.com> Sent:Friday,February 15,2019 4:16 PM To:Joshua Wells<jwells@surfcoastlaw.mm> Cc: Betsy Laboy<BLaboy@deanmead.com> Subject: FW:Sketch of proposed changes to entry onto Thorhallsson property Josh: Per your a-mail below. Please advise on or before Friday February 22 2019,as to your client's agreement to the same. I am sending to Bonnie Brown,City of Edgewater as well. Anna 1. No step down is proposed that would prohibit access to the site that the two relocated driveways.The driveways will slope down to existing grade at the North Boston Road right of way. 2. The runoff from the parking lots are directed to on site stormwater treatment. The only runoff that will go to the north is the runoff from the driveways that will meet existing grade at the North right of way line of Boston Road The revised plan indicates a 12 inch PVC driveway culvert trader all three driveways to ensure stormwater flow can drain from west to east to the river. 3. Plans are revised to show front and rear yard access driveways per provided mark up. r From: Joshua Wells fmailto•iwells(cbsurfooastlaw coml Sent: Monday, February 11, 2019 11:25 AM To: Anna Long Cc: Betsy Laboy `ISubjiect: RE: Sketch of proposed changes to entry onto Thorhallsson property Thanks Anna. If there is an ability to work with the design in the sketch to provide front/rear driveways instead of the current,central one,I can request that my client provide written consent to the plans to move forward. I should know for sure then whether they will consent to the project or whether they will continue to object to it. I know they will still want some assurances regarding the transition onto their property and the water sheeting since the plans we have don't currently address this. Is Parkerable to provide any documentation of that? I we some of those documents referenced in his draft response letter,but we haven't seen them yet(i.e. revised civil engineering plan, erosion control plan,cross section and detail pages). Joshua C.Wells 340 North Causeway _ New Smyrna Beach, FL 32169 (386)428-3311 WRIGHT & CASEY,. 9tl RfC01l TL AN.COM This message is intended for the exclusive use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosures under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify this office by telephone,fax,or email, and destroy the original message received by you. Neither this message nor any attachment(s)establishes an attorney-client relationship,constitutes an electronic signature,or provides consent to contract electronically. From:Anna Long<ALone@deanmead.com> Sent:Monday,February 11, 201911:05 AM To:Joshua Wells<iwells(@surfcoastlaw.com> Cc: Betsy Laboy<BLaboy0deanmead.com> Subject: RE:Sketch of proposed changes to entry onto Thorhallsson property Thankyou Josh. Sent to the engineer. He is looking over the"proposed" revisions. I can tell you without WRITTEN agreement from your client, should these suggested changes be something that my client is willing to accommodate,I cannot advise him to spend yet more money and additional site plan revisions. In addition,the City will have to agree, because they are operating off of the last round of agreed upon conditions. That said, I was able to confirm that Item 1 below will not be an issue—traversing without steps, direct access is currently being provided. As to number 2,parking lot runoff will be collected as part of the overall stormwater management requirements. I couldn't explain number 3,so sent your drawing. I will be in touch. Anna 2 Anna Long From: Joshua Wells <jwells@surfcoastlaw.com> Sent: Friday, February 22,2019 10:43 AM To: Anna Long Subject: Thorhallsson comments on site plans Attachments: 1CW edits and notes to rendering 2-21-2019.pdf Anna, I met with my clients,and they have agreed in principle to the new drawings,with a few minor edits. They are indicated in the attached pdf,and they consist of the following: 1) The eastern parking spaces look to be in a good location, but the direction of the driveway may pose an issue for a vehicle traversing the boundary into the eastern (front)yard. My clients want to ensure that a standard vehicle can fit between the porch structure of the house and the fence for the storm water pond. (Access is their primary concern(. I can't tell whether this is the possible on the drawing since distances are not indicated— and I know these are conceptual drawings, but if necessary,we'd like the ability to put a paved triangle,as indicated on the diagram,to ensure that a vehicle can traverse the property boundary in that location. 2) The western parking spaces lead directly into the pool,and don't leave room for a vehicle to traverse the boundary into the western(rear)yard—which was their primary concern in requesting these changes. Since it did not seem to be an issue to split the 4 spaces and relocate the storm water ponds,we would like to place the western driveway/parking spaces directly on the western property boundary line as indicated in the attached. We can work with the City and/or the neighbor if they need to approve this. 31 My clients indicated that the developer told them they would not have garbage trucks unloading dumpsters in lkliiio front of their house, but the main dumpsters for the restaurant are located at the end of their driveway. They would like to re-locate the dumpsters somewhere not directly adjacent to their property. We have indicated a proposed alternative location on the drawing(the loading area), but there are possibly other locations where it could be re-located. With the minor changes to the site plan noted above,my clients agree and consent to the development of the City's Boston Road right of way. Joshua C.Wells 340 North Causeway New Smyrna Beach, FL 32169 (386)428-3311 WRIGHT & CASEY,, cu rc o�sruw.co• This message is intended for the exclusive use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosures under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in eror, please notify this office by telephone,fax,or email,and destroy the original message received by you. Neither this message nor any attachment(s)establishes an attomey-client relationship,constitutes an electronic signature,or provides consent to contract 'electronically. 1 2 ^ ` ~ ` «» ■ � � � : � % # \ , a � . . . � ' l y ! FLORIDA DEPARTMENT OF pGoveemu`r Environmental Rota on Carlon layar-ardala u LL Govemor low 'u4yw,ar°w^��` 3319 MaguirCentral Boulevard,9uae 232 NoahYSNm41� lan Ortlo,Flurlda 326033767 Permittee/Authorized Entity: Aski Development, LLC Richard Kowalski, Manager Freonna rtrsupnliers.com 524 Greeley Street Orlando, Florida 32804 Edgewater Marina Upland Development Authorized Agent: Parker Mynchenberg & Associates, Inc. Steven R. Buswell, P.E., Project Engineer SBusweLl@narkermvnchenbere.com 1729 Ridgewood Avenue Holly Hill,Florida 32117 Environmental Resource Permit— Individual State-owned Submerged Lands Authorization —Not Applicable U.S. Army Corps of Engineers — Separate Authorization May Be Required Permit No.: 0342863-003-EI Oculus Facility-Site ID Search: ERP_342863 Permit Issuance Date: November 15, 2018 Permit Construction Expiration Date: November 14, 2023 FLORIDA DEPARTMENT OF aick Govemo V Environmental Protection Carlos Lopez-Camera a Lt Goremor moo,• •p'' Central District Noah Yalenefeln �•wr•a p 3319 Maguire Boulevard,Suite 232 0dandu,Florida 32803-3767 secretary Environmental Resource Permit Permittee: Aski Development,LLC Attention: Richard Kowalski,Manager Permit No.:0342863-003-EI PROJECT LOCATION The activities authorized by this permit are located on the southeast comer of Boston Road and Riverside Drive, at 2001 South Riverside Drive in Section 2, Township 18 South,Range 34 East, Edgewater,Volusia County. The parcel identification number is 840237040010. PROJECT DESCRIPTION The permittee will be constructing the upland development associated with a marina. The upland development will include a building,paved parking and the associated stormwater management system(SWMS). The SWMS will consist ofthree(3)dry retention areas and exfiltration trenches. PERMIT HISTORY i� • ERP64-0342863-00I-El,is an environmental resource permit application for a marina and restaurant received by the Department on March 29,2016,but it was withdrawn on the same day. • ERP64-0342863-002-EI, is an environmental resource permit issued on July 22,2016. The permit authorized the removal of historic concrete fill,concrete boat mmp and concrete vertical bulkhead. This permit also authorized the installation of two concrete seawalls and the maintenance dredge of a man-made canal. AUTHORIZATIONS The permittee is authorized to construct the SWMS as depicted on Exhibit 1,attached. Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore,the Environmental Resource Permit is hereby granted,pursuant to Part IV of Chapter 373, Florida Statutes(F.S.),and Chapter 62-330,Florida Administrative Code(FA.C.)- Soverei®ty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund(Board of Trustees),the Department has determined the activity is not on submerged lands owned by the State of Florida Therefore,your project is not subject to the requirements of Chapter 253,F.S.,or Chapter 18-21,F.A.C. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization may be required from the Corps. You most apply separately to the Corps using the federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Authority for review-an agreement with the USACOE entitled"Coordination Agreement Between the U. S.Army Corps of Engineers(Jacksonville District)and the Florida Department of Environmental Protection,or Duly Authorized Designee,State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899,and Section 404 of the Clean Water Act. Water Oualitv Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state,regional,or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations.(NOTE: If there are discharge points from the proposed stormwater management system,a National Pollutant Discharge Elimination System(NPDES)permit may be required.) The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee,nor imply that future permits,authorizations,or modifications will be granted by the Department. PERMIT CONDITIONS The activities described herein must be conducted in accordance with: - • The Specific Conditions • The General Conditions • The limits,conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities,and to ensure the work is conducted in conformance with all the terms, conditions,and drawings herein. If you are using a contractor,the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements,shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit,as described. SPECIFIC CONDITIONS—PRIOR TO ANY CONSTRUCTION 1. Permittee must obtain a permit from the Department prior to beginning construction any other work associated with this project not specifically authorized by this permit. 2. Prior to and doing construction,the permittee shall correctly implement and maintain all erosion and sediment control measures(best management practices)required to retain sediment on-site and to prevent any wedand and/or surface waters impacts. Permittee: Asld Development,LLC permit Expiration: November 14,2023 Permit No.:0342863-003-EI ' Page 3of13 *60 SPECIFIC CONDITIONS—CONSTRUCTION ACTIVITIES 3. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302.530(69),Florida Administrative Code(F.A.C.). Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions.Turbidity barriers shall be cortectly installed at all locations where the possibility of transferring suspended solids into the receiving waterlwdy exists due to the proposed work. It is understood that"receiving waterbody" shall not be construed to mean the pemritree's settling pond,dredge lake,or other parts of the perminee's closed water system. Turbidity barriers shall remain in place at all locations until construction is completed,soils are stabilized,and vegetation has been established. Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source,the permittee will be responsible for the removal of the barriers. 4. Adequate measures must be taken to prevent sedimentation to these treatment systems and control structures during construction. Sediment and debris must be removed prior to final grading and stabilization. 5. The following measures shall be taken to minimize erosion: A. Swales and dry ponds: sodding ofall side slopes;seeding and mulching of flat-lying bottom areas; B. Berms and other disturbed flat-lying areas: seed and mulch. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased,but in no case more than seven(7)days air the construction activity in that portion of the site has temporarily or permanently ceased. 6. All turbidity control devices shall be removed from the project area once the disturbed areas have been stabilized or revegetated so that erosion will not occur. The turbidity control devices shall be removed no later than one year from completion of the project All turbidity control devices shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapters 62-330 or 62-701,F.A.C.,or cause violations of state water quality standards. 7. Unauthorized impacts to wetlands or surface waters as a result of the activities authorized by this permit shall be reported within 24 hours to the Department. 8. Outside the specific limits of construction authorized by this permit,any disturbance of or damage to the adjacent wetlands or surface waters shall be corrected by restoring pre- construction elevations and planting vegetation of the same species,size,and density that exist in adjacent undisturbed wetland areas. The restoration shall be complete and the Department so notified within 30 days of completion of construction and shall be done to the satisfaction of the Department 9. All material used as fill shall be clean material and shall not be contaminated with vegetation, garbage,trash,tires,hazardous,toxic waste or other materials that are not suitable for road construction within waters of the State as so determined by the Department 10. Best management practices(primarily turbidity screens and floating turbidity barriers)for erosion and turbidity control shall be implemented and maintained at all times during Petmiuee: Asld Development,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 4 of 13 f construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Chapter 62-302,F.A.C. The permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion,siltation,and turbid discharges. 11. Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source;the permittee will be responsible for the removal of the turbidity barriers,The turbidity control devices shall be removed no later than one year from completion of the project. All turbidity control devices shall be disposed of in an upland disposal area. 12. There shall be no stock piling of tools, materials(i.e., lumber,pilings,riprap,and debris) within wetlands,along the shoreline within the littoral zone,or elsewhere within wetlands/waters of the state unless specifically approved in this permit. 13. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state. 14. If any damage occurs to any adjacent wetlands because of any construction activities,the permittee shall be required to restore the wetland area by regrading the damaged areas back to the natural reconstruction elevations and planting vegetation of the size,densities and species that exist in the adjacent areas pursuant to a consent order. The restoration shall be completed within 30 days of completion of the construction and shall be done to the satisfaction of the Department ` SPECIFIC CONDITIONS—SWMS OPERATION AND MAINTENANCE ACTIVITIES 15. The following maintenance activities shall be performed as needed on A. All permitted systems: 1) Removal of bash and debris; 2) Inspection of inlets and outlets; 3) Removal of sediments when the storage volume or conveyance capacity of the stonnwater management system is less than the pemritted design;and 4) Stabilization and restoration of eroded areas. B. Retention,swale,and underdrain systems: I) Mowing and removal of grass clippings; 2) Aeration,tilling,or replacement of topsoil;and 3) Re-establishment of vegetation on disturbed surfaces. C. Wet detention systems,if applicable: 1) Replanting of natural vegetation within the littoral zone;and 2) Control of nuisance and exotic vegetation. 16. In accordance with Section 373.416(2),F.S., unless revoked or abandoned,all, SWMSs, dams, impoundments,reservoirs,appurtenant works,or works permitted under Part IV of Chapter 373,F.S.,must be operated and maintained in perpetuity. 17. If the system is not functioning as designed and permitted,operat onal maintenance must be performed immediately to restore the system. Within 30 days of any failure of a stomrwater management system or deviation from the permit,a report shall be submitted electronically or in writing to the Department using the enclosed`Operation and Maintenance Inspection Permittee: Aski Development,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 5 of 13 v Certification"[Form 62-330.311(7)]describing the remedial actions taken to resolve the failure or deviation.If operational maintenance measures are insufficient to enable the system to meet the design and perfoananegstandards of this Chapter 62-330,F.A.C.,the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the Department prior to constructing such an alternate design pursuant to Rule 62-330.315, FA.C. 18. Upon completion of the permitted stornrwater management systems,dams,reservoirs, impoundments,appurtenant work, or works,the Agency shall have periodic inspections made to ensure the project was constructed and is being operated in compliance with the terms and conditions of the permit, and in a manner that protects the public health and safety and the natural resources of the state.No person shall refuse immediate entry or access to any authorized representative of the District or DEP who requests entry for purposes of such inspection and presents appropriate credentials pursuant to Part 12.4(b)of the Applicants Handbook Volume 1. 19. Inspections may be performed by Agency staff during and atter construction.When needed to ensure a project is being operated and maintained in perpetuity,the permit may require the operation and maintenance entity to conduct the periodic inspections.The required inspection schedule for a specific project will be specified in the permit pursuant to Par 12.4(c)of the Applicants Handbook Volume L 20. The efficiency of stormwater management systems decreases over time without periodic maintenance. For example,a significant reduction in the flow capacity of a stormwater management system often can be attributed to partial blockages of its conveyance system. Once flow capacity is compromised,flooding may result Therefore,operation and maintenance entities must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance,or improper operation of projects that may endanger public health,safety,or welfare,or the water resources.If deficiencies are'f rund, the operation and maintenance entity will be responsible for correcting the deficiencies so that the project is returned to the operational functions required in the permit and contemplated by the design of the project as permitted pursuant to Part 12.4(e)ofthe Applicants Handbook Volume I. 21. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection,the name and contact information of the inspector,whether the system was functioning as designed and permitted,and make such record available upon request of the Agency pursuant to Section 12.4(h)of AH Vol. 1. SPECMC CONDFFIONS—FISH&WH.DLIFE CONSERVATION COMMISSION(FWC) 22. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones,and the need to avoid collisions with,and injury to manatees.The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act,and the Florida Manatee Sanctuary Act. 23. All vessels associated with the construction project shall operate at"Idle Speed/No Wake"at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom.All vessels shall follow routes of deep water whenever possible. Permittee: Aski Development,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 6 of 13 24. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled,shall be properly secured,and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers shall not impede manatee movement. 25. All on-site project personnel are responsible for observing water-related activities for the presence of manatees.All in-water operations, including vessels, shall be shut down if a manatee comes within 50 feet of the operation. Activities shall not resume until every manatee has moved beyond the 50-foot radius of the project operation, or until 30 minutes has elapsed wherein a manatee has not reappeared within 50 feet of the operation.Animals shall not be herded away or harassed into leaving. 26. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC.Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772- 562-3909)for south Florida. 27. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities.All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the FWC must be used.One sign measuring at least 3 ft.by 4 ft. which reads Caution:Manatee Area must be posted.A second sign measuring at least 8 1/2" by I V explaining the requirements for"Idle Speed/No Wake"and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Please we the FWC website for information on how to obtain appropriate signs: htt :/hnvfwc.com/wildlifehabitats/manaeed/manatee/edttcation-for-madnastsipn-vendors `yr 28. No later than 60 days after permit issuance,permanent manatee educational signs must be installed by the permittee. In the event the signs fade,become damaged or outdated,they must be replaced and maintained for the life of the facility.The on-site locations and types of i signs must be acceptable to the FWC,which should be contacted at InnperilcdSMiesCa1mYfwc.cona. The types of signs, sign vendors,and the process for FWC i approval can be found at: hft://myfwc.com/media14l52l I/manatee educationalsi®.odf: SPECIFIC CONDITIONS—CONSTRUCTION DEWATERING i 29. ff dewatering is to occur during any phase of construction or thereafter and discharge is to on- site or off-site surface waters of the State,either directly or via a stormwater management { system,a generic permit in accordance with Rule 62-621.300,F.A.C.,will he required prior to any dewatering 30.. If dewatering is to occur during any phase of construction or thereafter and the surface water ptanp(s),wells or facilities are capable of withdrawing 1 million gallons of water per day (MGD)or more,a water use permit in accordance with Rule 40C-2.041,F.A.C.,may be required from the St Johns River Water Management District(SJRWMD)prim to beginning any dewatering SPECIFIC CONDITIONS—POST-ISSUANCE SUBMITTALS i 31. All post-issuance submittals required by the Specific or General Conditions of this permit shall be provided to the Department in a digital format(via electronic mail,CD or DVD,or through a file transfer site)when practicable.The mailing address for the appropriate Department office is 3319 Maguire Boulevard,Suite 232,Orlando,Florida 3 2803-3 767 and the electronic mail Permittee: Aski Developmem,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 7 of 13 1 i I 1 i i i address is DEP CDAdeo.state.fl.us.All submittals shall include the project name and indicated permit number when referring to this project. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under Chapter 62-330, F.A.C.,except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations most be authorized in a permit modification in accordance with Rule 62-330.315,F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to,and be maintained during and after construction as needed,to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual(Florida Department of Emironmental Protection too and Florida Department of Transportation June 2007, http//www Mot 0y roadwayf&wna3Wfiles/ErvsionSedimentLantroIDOand the Florida Stormwater Erosion and Sedimemarion Control Inspector's Manual(Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee,Florida,July 2008, http/lwww.dep state f.as/water/nonnoinLdocs/emsion/eroswn-insoectors- manual.pd0,which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C.,unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities,the permittee shall submit to the Agency a fully executed Form 62-330.350(1),"Construction Commencement Notice," [October 1,2013],which is incorporated by reference in paragraph 62-330.350(I)(d),FA.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5),FA.C. If available,an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C.,or transferred to an operating entity under Rule 62-330.310,F.A.C.,the penniltce is liable to comply with the plans,terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project,or any independent portion of the project,the permittee shall provide the following to the Agency,as applicable: Permit": Aski Development,LLC Perak Expiration: November 14,2023 Permit No.:0342963-003-El Page 9 of 13 a) For an individual,private single-family residential dwelling unit,duplex,triplex, or quadruplex—"Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit"[Form 62-330.310(3)1; or b) For all other activities—"As-Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. (See Specific Condition 2 regarding requirements for the submittal package.) C) If available,an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a) Prior to sales of any lot or unit served by the activity and within one year of permit issuance,or within 30 days of as-built certification,whichever comes first,the permittee shall submit,w applicable,a copy of the operation and maintenance documents(see sections 12.3 dim 12.3.3 of Volume I)as filed with the Department of State,Division of Corporations and a copy of any easement,plat,or deed restriction needed to operate or maintain the project,as recorded with the Clerk of the Court in the County in which the activity is located. b) Within 30 days of submittal of the as-built certification,the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity"[Form 62-330310(2)]to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available,an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes to the permitted activity required by any other regulatory agency. Any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a) Convey to the permittee any property rights or privileges,or any other rights or privileges other than those specified herein or in Chapter 62-330,F.A.C.; b) Convey to the Permittee or create in the permittee any interest in real property; C) Relieve the permittee from the need to obtain and comply with any other required federal, state,and local authorization,law,role, or ordinance;or d) Authorize any entrance upon or work on properly that is not owned,held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund,the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires forma]execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims,or liabilities that may arise by reason of the construction,alteration,operation,maintenance, removal,abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: Permittee: Aski Development,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 9 of 13 �I a) Immediately if any previously submitted information is discovered to be inaccurate; and b) Within 30 days of any conveyance or division of ownership or control of the property or the system,other than conveyance via a long-term lease,and the new owner shall request transfer of the permit in accordance with Rule 62-330.340,F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee,Agency staff with proper identification shall have permission to enter, inspect,sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics,stone tools or metal implements, dugout cances,or any other physical remains that could be associated with Native American cultures,or early colonial or American settlement are encountered at any time within the project site area,work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designce shall contact the Florida Department of State,Division of Historical Resources,Compliance and Review Section,at(850)245-6333 or(800)847-7278,as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered,all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,including plans or other supporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201,F.A.C.,provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330,F.A.C.,or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result,the Agency will require the permittee to eliminate the cause,obtain any necessary permit modification,and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(71 F.A.C.Such notice is not an encumbrance upon the property. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S.,before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because the administrative hearing process Illbo Permittee: Aski Development,LLC Permit Expiration: November 14,2023 Permit No.:0342863-003-EI Page 10 of 13 is designed to formulate final agency action,the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57,F.S. Pursuant to Rule 28-106.201, F.A.C.,a petition for an administrative hearing must contain the following information: (a) The time and address of each agency affected and each agency's file or identification number, if known; (b) The name,address,any email address,any facsimile number,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative,if any, which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material feet If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes;and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed(received by the Clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Also,a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3),FA.C.,petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing)under Sections 120.569 and 120.57, F.S.,or to intervene in this proceeding and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205,F.A.C. Extension of Time Under Rule 62-110.106(4),F.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the Perminee: Ask!Development,LLC Permit Expiration: November l4,7023 Permit No.:0342863-003-E1 Page 11 of 13 applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation " Mediation is not available in this proceeding. FLAWAC Review The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S.,may also seek appellate review of this order before the Florida Land and Water Adjudicatory Commission (FLA WAC)under Section 373.114(1)or 373.4275,F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final,any patty to this action has the right to seek judicial review pursuant to Section 120.68,F.S.,by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,M.S.35, Tallahassee,Florida 32399-3000;and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. OW STATE OFF ` FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION Nathan Hess Program Administrator Permitting and Waste Cleanup Attachments: Exhibit 1: 0342863-003-EI Engineering Drawings, 16 pages Exhibit 2: Oculus Link to 0342863-003-EI Permit and Drawings. 25 pages Exhibit 3: Oculus Link to 0342863 ERP DEP History Exhibit 4: 62-330 Forms, Construction Commencement Notice/Forat 62-330.350(1) As-built Certification and Request for Conversion to Operational Phase/Form 62- 330.310(1) Operation and Maintenance Inspection Certification/Form 62-330.311(1) Request to Transfer Permit/Form 62-330.340(t) Permittee: Aski Development,LLC Permit&pintiom November 14,2023 Permit No.:0342863-003-EI Page 12 of 13 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Richard Kowalski,Aski Development,LLC,Freon(7arnsuooliers.com Richard Kowalski,Aski Development,LLC,RefiigerantsArtnampliers com Steven R.Buswell,P.E., Parker M.&Associates, Inc., SBusweW@,yarkermvnchcnberg.co Volusia County,EnviroPennit(alco.volusia.tl.us John Juilianna, P.E., SJRWMD,Jluilianna(a),sirwmd.com Marjorie Cook,P.E.,SJRWMD, MCook(o)Arwmd com Lea Crandall,DEP,Office of General Counsel,Lea.Crandallnn dep.smte.tl.us FWC,FWCConservationPlannineServices(ailmvfwc.com Jacksonville U.S.Army Corps of Engineers,ComsJaxReg-nc(alusacearmv.mi] John Palmer,U.S.Army Corps of Engineers,John.Palmen( usace.armv.mil Irene Sadowski,U.S.Army Corps of Engineers,Irene.Sadowski(alttsace.annv mil FDEP:Nathan Hess,Reggie Philips,Leo Angler6,Nicole Martin FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52, F. S.,with the designated Department Clerk,receipt of which is hereby acknowledged. 4, November 15. 2018 Clerk Date Permittee: Aski Development,LLC Permit Expiration: November 14,2023 Permit No.:0342663-003-EI Page 13 of 13 Irr Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Pagel of 16 IE➢1G EWATER MARRNA ]FR AL SETE PLAN -m M �• Y IEDG E`R7AT E]R, IFLO RHDA Z—, _ `` • a cwnerta �- �~ ■ ■ Ufl$" Permit No-: 0342863-003-El Exhibit I For Edgewater Marina Page 2 of 16 1. so - ------------------ ---------- --✓----- -- ---------- ------ 7 EF *VILF CT11 ml Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 3 of 16 - - T -� WNL— AM �� i fir+ Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 4 of 16 d) vim - �o k9A i e KI1�719 to Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 5 of 16 V ---_ —? _ r� r eni+mm Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 6 of 16 v JI I F Myd _ P I s eo.df�e I 1 Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 7 of 16 7 as - ONO Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 8 of 16 V e[r U fM Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 9 of 16 f§ iug4v i' att.r Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 10 of 16 E Cm ..a�s'�i'_'a �zcaaas�.a.s�v y LL somw ted. �. Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page I 1 of 16 iawon aaos n1+Kr - '� ", �sraawaa 40 %W Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marina Page 12 of 16 EDY= yyr�� a _^: g�gga asai U 1ICt• 4 � .xava. i � •..v ~— t ISSATeri��� vn un. Permit No.: 0342863-003-EI Exhibit I For Edgewater Marina Page 13 of 16 -- �- � zi 1 mmm BANNON � 3ESi i. - '$�§����f�Ftllt• - �' IYEOCY R� 60 Permit No.: 0342863-003-EI Exhibit 1 For Edgewater Marissa Page 14 of 16 1DR-._"r=Rs:�= - -- _ — - 410 eaYw:meoam8 ax;eal va reE...W evo��. VnQ��\\/ vru.n, v I I I I I I I I r1 I - � r 0 i ° -- ftRE-BASINIX n`U9 ACRES - a •18SOtl11ER.WL. I I to ta114:•"•�•••••'• GYY I PaP��Ys ly if f l6 I I Lw4 \`ll q�xw A�.r em fex a c CONSTRUCTION COMMENCEMENT NOTICE 14r Instructions: In accordance with Chapter 62-330.350(1)(4), FAC.,complete and submit this tone at least 48 hours prior to commencement of activity authorized by permit. Permit No. Application No. Project Name Phase Construction of the system authorized by the above referenced Environmental Resource Permit and Application, is expected to commence on ,20 and will have an estimated completion date of 20 PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance,of the permit, District staff should be so notified in writing. As soon as a construction commencement date is known,the permittee shall submit a completed construction commencement notice tone. Permittees cr Adhpved Aaerrts Syuiure Company Pant Name Tttle Date Email Phone Number Foran 62330 350(1)Cpretaxibn Consnaxanenl Notice Iacorparared by reference n subsecim 62-330,350(1) FAC.(101-2013) F=ge 1 pl' AS-BUILT CERTIFICATION AND REQUEST FOR CONVERSION TO OPERATION PHASE W Instructions: Complete and submit this page within 30 days of mmpletion of the permitted activities, as required by the permit conditions.Any components of the permitted activities that are not In substantial conformance with the permit must be corected or a modification of the permit will be required in accordance with Rule 62. 330.315, Florida Administrative Code (F.A.C.). The operation phase of the permit is effective when the construction certification for the entire pentlapplication is approved by the Agency. If the final operation and maintenance entity is not the permittee, the permittee shall operate the system, works or other activities temporarily until such time as the transfer to the operation entity is finalized(use Form 62-330.310(2)), Permit No.: Application No(s). Permdtee: Project Name: Phase(if applicable): I HEREBY CERTIFY THAT (please choose accurately and check only one box): ❑ I hereby notify the Agency of the completion of construction of all the components of the system, works or other activities for the above referenced project and certify that it has been constructed in substantial conformance with the plans specifications and conditions permitted by the Agency. Any minor deviations will not prevent the system from functioning in compliance with the requirements of Chapter 62-330, F.A.C. Attached is documentary evidence of satisfaction of any outstanding permit conditions, other than long tern monitoring and inspection requirements. ❑ At the time of final inspection, the works or activities were NOT completed in substantial conformance with the plans and specifications permitted! by the Agency. (The registered professional shall describe the substantial deviations) in writing, and provide confirming depiction on the as-built drawings and information) r11V If there were substantial deviations, plans must be submitted clearly labeled as "as-buik" or 'record" drawings reflecting the substantial deviations. If there are no substantial deviations, do not submit "as buik°drawings. For activities that require cerliffication by a registered professional: By: Signature Print Name Fla.Lk.or Reg.No I AFFIX Sl A I Company Name Company Address Date For activities that do not require certification by registemdprofessional: By Si,awre Fria Name Conpamy Name Company Address Date •�' i -1. l� ® V% Forth 62330.310(1)—As-Buil)Certification 8 Request for Conversion to Operation Phase Inmrp=W by reference in paragraph 62-330.310(4Xa),FA.C. (10-1-2013) Page 1 clZ yry DRAWINGS AND INFORMATION CHECKLIST Following is a list of information that is to be verified and/or submitted by the Registered Professional or Permittee: 1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under Chapter 472,F.S. 2. The registered professional's certification shall be based upon on-site observation of construction (scheduled and conducted by the registered professional of record or by a project representative under direct supervision)and review of as-built drawings, with field measurements and verification as needed, for the purpose of determining if the work was completed in accordance with original permitted construction plans, specifications and conditions. 3. If submitted, the asbuilt drawings are to be based on the permitted construction drawings revised to reflect any substantial deviations made during construction. Both the original design and constructed condition must be clearly shown. The plans need to be clearly labeled as "as-built" or "record" drawings that dearly highlight (such as through "red lines or 'clouds') any substantial deviations made during construction. As required by law, all surveyed dimensions and elevations required shall be verified and signed, dated and sealed by an appropriate registered professional. The following information, at a minimum, shall be verified on the as-built drawings, and supplemental documents if needed: a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices, gates, pumps, pipes, and oil and grease skimmers; b. Detention(Retention Area(s)— Identification number, size in acres, side slopes(h:v), dimensions, elevations, contours or cross-sections of all, sufficient to determine stage-storage relationships of low the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, c. Side bank and underdrain fifters, or exfrltration trenches - locations, dimensions and elevations of all, including clean-outs, pipes, connections to control structures and points of discharge to receiving waters; d. System grading - dimensions, elevations, contours, final grades or cros"ections to determine contributing drainage areas, flow directions and conveyance of runoff to the system discharge point(s); e. Conveyance-dimensions, elevations, contours,final grades or cross-sections of systems utilized to divert off-site runoff around or through the new system; f. Benchmark(s)-location and description(minimum of one per major water control structure); g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans, preferably the same datum used in the permit plans. 4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial distribution of plantings conducted by zone(if plantings are required by permit),with a list showing all species planted in each zone, numbers of each species, sizes, date(s) planted and identification of source of material; also provide the dimensions, elevations, contours and representative cross- sections depicting the construction. 5. Any additional information or outstanding submittals required by permit conditions or to document permit compliance, other than long-term monitoring or inspection requirements. V Finn 62-330.310(1)—As-Built Cedificaem 6 Request for Conversion m Operation Pham Inmrparated by mferem in paragraph 624 310(4ga),FAC. (10-1-2013) Page 2 oft OPERATION AND MAINTENANCE INSPECTION CERTIFICATION 1r+ Instructions: Submit this form to the Agency within 30 days of completion of the inspection after any failure of a stomiwater management system or deviation from the permit. This form may also be used to document inspections required under Section 12.4 of Applicant's Handbook Volume I, however submittal to the Agency is not required unless requested by the Agency. Permit No.: Application No.: Date Issued: Identification or Name of Stoumwater Management System: Phase of Stormwater Management System (if applicable): Inspection Date: Inspection results: (check all that apply) ❑ The undersigned hereby certifies that the works or activities are functioning in substantial conformance with the permit. This certification is based upon on-site observation of the system conducted by me or my designee under my direct supervision and my review of as-built plans. ❑ The following maintenance was conducted since the last inspection(attach additional pages if needed): ❑ The undersigned hereby certdies that I or my designee under my direct supervision has inspected this surface water management system and the system does not appear to be functioning in substantial conformance with the permit. I am aware that maintenance or alteration is required to bring the system into substantial compliance with the terms and conditions of the permit.As appropriate, I have informed the owner of the following: (a) The system does not appear to be functioning properly; (b) That maintenance or repair is required to bring the system into compliance; and (c) If maintenance or repair measures are not adequate to bring the system into compliance, the system may have to be replaced or an alternative design constructed subsequent to approval by the agency below. The following components of the system do not appear to be functioning properly(attach additional pages it needed): Any components of the constructed system that are not in substantial conformance with the permitted system shall require a written request to modify the permit in accordance with the provisions of Rule 62330.315, F.A.C. If such modification request is not approved by the agency below,the components of the system that are not in conformance with the permit are subject to enforcement action under Sections 373.119, .129,.136, and .430, F.S. Lr Forn 62-330 311(1)—Operation and Maintenance Inspection Cemifiralion lmmorateUbyrefemn insubsection In62330.311(2),FA.C.(1)-1-2013) 2 Name of Inspector: Florida Registration Number: Company Name: Mailing Address: City: State. Zip Code: Phone: Fax: Email. Signature of Inspector Date Report Reviewed by Permittee: Name of Permittee: Signature of Permittee Date Title(if any) Form 62-330.311(1)-Op Von and Mainlenanre Inspedian Certficabon Inwryomiled by reference in subseaian in 62-330.311(2),FAC.(10-1-2013) Page 2 of 2 REQUEST TO TRANSFER PERMIT Instructions: Submit this form to the Agency within 30 days after any transfer of ownership or control of the real property where the permitted activity is located. Note: Use of this form is riot required when a vaNd permit's in the operation and maintenance phase. In such case,the owner must notify the Agency in wring within 30 days of a change in ownership or control of the entire real property, project,or activity covered by the permit. The notification may be letter,a-mail, or using this forth, sent to the office that issued the permit. A processing fee is not required for this notice. The permit shall automatically transfer to the new owner or person in control,except in cases of abandonment,revocation,or modification of a permit as provided in Sections 373.426 and 373.429, F.S. (2012). If a permittee fails to provide written notice to the Agency within 30 days of the change in ownership or control, or if the change does not include the entire real property or activity covered by the permit,then the transfer must be requested using this fomm. Permit No.: Application Date Issued. No(s).: Identification or Name of Surface Water Management System: Phase of Surface Water Management System (it applicable): PART 1:PROPOSED PERMIT HOLDER The undersigned hereby notifies the Agency that I have acquired ownership or control of the land on which the permitted system is located through the sale or other legal transfer of the land. By signing below, I hereby certify that I have sufficient real property interest or control in the land in accordance with subsection 4.2.3(d) of Applicant's Handbook Volume l; attached is a copy of my title, easement, or other demonstration of ownership or control in the land, including any revised plats, as recorded in the Public Records. I request that the permit be modified to reflect that I agree to be the new permittee. By so doing, I acknowledge that I have examined the permit terms, conditions, and drawings, and agree to accept all rights and obligations as permittee, including agreeing to be liable for compliance with all of the permit terns and conditions, and to be liable for any corrective actions required as a result of any violations of the perinit after approval of this modification by the Permitting Agency. Also attached are copies of any recorded restrictive covenants, articles of incorporation, and certificate of incorporation that may have been changed as a result of my assuming ownership or control of the lands. As necessary, I agree to furnish the Agency with demonstration that I have the ability to provide for the operation and maintenance of the system for the duration of the permit in accordance with subsection 12.3 of Applicant's Handbook Volume I. Name of Proposed Permit Holler. Mailing Address: City: State: Zip Code. Telephone: Fax E-mail: Foran 62330.340(1)-Repast Transfer Perna Incorporated by reference in subsection in 62330.310(3),FAC.(70.1-2013) Signature of Proposed Permittee Date Title(if any) PART 2.,RESPONSIBLE REGISTERED PROFESSIONAL Name of Registered Professional who will be responsible for system inspections and reporting as required by Chapter 62-330,F.A.C. (if applicable): Mailing Address: City: State: Zip Code: Telephone: Fax E-mail: Enclosures: ❑Copy of recorded transferof title for surtace water management system ❑Copy of plat(s) ❑Copy of recorded restrictive covenants, articles of incorporation, and certifil of incorporation ❑ Other_ Fonn 62330.340(1)-Request Transfer PermY InmiPaeleG by reference in subsection in 621 FAC.(10-1-2013) Page 2 of 2 40 FDEP / Consolidated GRP °"• •., Florida Department of Rick Scott r Governor Environmental Protection Carlos Lopez-Canters e , Central District Lt. Governor 3319 Maguire Boulevard, Suite 232 '•� ,°' Orlando, Florida 32803-3767 Jonathan P. Steverson "•+•,r r•• Secretary Permittee: Aski Development, LLC Attn: Richard Kowalski, Manager 524 Greely Street Orlando, FL 32804 Pefrigerants(a.rtrsuppliers.com Agent: Coastal Waterway Services, LLC Attn: Janice Steele 1710 Weeping Elm Circle Port Orange, FL 32128 Dock-Permit(a cfl.rncom Remove Concrete Fill and Boat Ramp, Install a Concrete Seawall, Install Rip-rap and Maintenance Dredge a Canal along the Indian River North Consolidated Environmental Resource Permit State-owned Submerged Lands Authorization — Granted U.S. Army Corps of Engineers Authorization— Separate Corps Authorization Required Permit No.: 64-342863-002-EI Permit Issuance Date: July 22, 2016 Permit Construction Phase Expiration Date: July 21, 2021 Permittee:Aski Development,LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-EI Page 2 of 12 Consolidated Environmental Resource Permit and Sovereignty Submerged lauds Authorization Permittee: Aski Development,LLC Permit No.: 64-0342863-002-EI PROJECT LOCATION The activities authorized by this permit are located at 2001 S. Riverside Drive,Edgewater,FL 32141 in Volusia County. PROJECT DESCRIPTION The permittee is authorized to: • Remove historic concrete fill east of the proposed seawall along the shoreline of the Indian River North,a Class ID Waterbody; • Remove a concrete boat ramp and a concrete vertical bulkhead within a man-made canal adjacent to the Indian River North; • Install a new concrete seawall faced with rip-mp along the Indian River North; • Install a new concrete seawall along the top of bank of a man-made canal;and • Maintenance dredge a man-made canal. Authorized activities are depicted on the attached exhibits. AUTHORIZATIONS Remove Concrete Fill and Boat Ramp,Install a Concrete Seawall,Install Rip-Rap,and Maintenance Dredge a Canal along Indian River North Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted,pursuant to Part IV of Chapter 373,Florida Statutes (F.S.), and Chapter 62-330,Florida Administrative Code(F.A.C.). Sovereignty Submersed Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund(Board of Trustees),pursuant to Article X,Section 11 of the Florida Constitution,and Section 253.77,F.S. As staff to the Board of Trustees under Sections 253.002,F.S.,the Department has determined that the activity qualifies for and requires a lease modification,as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein. As staff to the Board of Trustees of the Internal Improvement Trust Fund(Dowd of Trustees)under Sections 253.002,F.S.,the Department has determined that the activity qualifies for and requires a Letter of Consent,as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein. During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(6),Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees Permittee:Aski Develop==LLC Expiration Date:July 2l,2021 Permit No.:64-0342863-002-EI !� Page 3 of 12 terminates this tetter of Consent,you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State programmatic General Permit and a SEPARATE permit or authorization may be required from the Corps.A copy of your permit application has been forwarded to the Corps for their review.The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office,contact the Corps at the Cocoa Beach ACOE Regulatory Office and contact number 321-504-3771,for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Authority for review-an agreement with the USACOE entitled"Coordination Agreement Between the U. S. Army Corps of Engineers(Jacksonville District)and the Florida Department of Environmental Protection,or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899,and Section 404 of the Clean Water Act. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act,33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional,or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document Issuance and granting of the permit and authorizations herein do not infer,nor guarantee,nor imply that future permits, authorizations,or modifications will be granted by the Department. PERMIT CONDITIONS The activities described herein must be conducted in accordance with: • The Specific Conditions • The General Conditions The Special Consent Conditions • The General Conditions for Sovereignty Submerged Lands Authorization; The limits,conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities,and to ensure die work is conducted in conformance with all the terms, conditions,and drawings herein. If you are using a contractor,the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions,including any mitigation Permittee:Aski Development LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-E1 Page 4 of 12 requirements,shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization,as described. SPECIFIC CONDITIONS-PRIOR TO CONSTRUCTION I. A floating turbidity apron/curtain shall be installed around the entire project site prior to construction and shall remain in place until construction is completed and turbidity within the work area bas returned to background levels. The turbidity barrier shall be inspected at least on a daily basis to ensure that it is functioning properly. SPECIFIC CONDITIONS—CONSTRUCTION ACTIVITIES 2. The project shall comply with applicable state water quality standards,including a. 62-302.500-minimum criteria for all surface waters at all places and at all tunes, b. 62-302.500- Surface waters:general criteria,and C. 62-302.400-Class III Waters—Recreation-Propagation and maintenance of a healthy, well-balanced population of fish and wildlife. rbo 3. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302.530(69), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions. 4. There shall be no stock piling of tools,materials(i.e.,lumber,pilings,and debris)within waters/waters of the state unless specifically approved in this permit. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit. 5. Construction equipment shall not be repaired or refueled in waters of the state. 6. The riprap shall be free of sediment debris and toxins or otherwise deleterious substances. Riprap shall have a diameter of at last 12 inches to 3 feet. 7. There shall be a filter cloth/erosion control liner installed between the rip-rap material and the existing ground. 8. Any proposed new structures or modifications to existing structures that are along the shoreline, in- water or within wetlands at this commercial parcel will require a modification to this permit or a new permit prior to any construction activities. Failure to do so may result in enforcement action by the Department 9. Any fill material used behind the seawall shall be clean fill and free of vegetative matter,trash,garbage, toxic or hazardous waste or any other materials the Department considers unsuitable. 10. The limits of the wetlands within the man-made canal shall be delineated by silt fencing. The permittee hears the responsibility of notifying all construction workers that the silt fencing represents the limits of PemuOee:Aski Development,LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-E1 Page 5 of 12 the dredging activity.The permittee shall bear the responsibility of keeping all construction workers and equipment out of the adjacent wetlands where work has not been permitted for impacts. SPECIFIC MANATEE CONDTFIONS 11. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones,and the need to avoid collisions with,and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act,and the Florida Manatee Sanctuary Act. 12. All vessels associated with the construction project shall operate at"Idle Speed/No Wake"at all times while in the immediate area and while in water where the draft of the vessel provides less than a four- foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible. 13. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangkA shall be properly seemed,and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers shall not impede manatee movement. 14. All on-site project personnel are responsible for observing water-related activities for the presence of manatees. All in-water operations,including vessels,shall be shut down if a manatee comes within 50 feet of the operation. Activities shall not resume until every manatee has moved beyond the 50-foot radius of the project operation,or until 30 minutes has elapsed wherein a manatee has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving. 15. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888- 404-FWCC. Collision and/or injury should also be reported to the U.S.Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south Florida. 16. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission(FWC) must be used. One sign measuring at least 3 ft. by 4 ft.which reads Caution:Manatee Area must be posted. A second sign measuring at least 8 1/2"by 11"explaining the requirements for"Idle Speed/No Wake'and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Please see the Florida Fish and Wildlife Conservation Commission website for information on how to obtain appropriate signs: http://wwwmvfWc.wmldmsfWildlifeHabitats/Mmatee EducationalSim.pd 17. No later than 60 days after permit issuance,permanent manatee educational signs must be installed by the permittee. In the event the signs fade, become damaged or outdated,they must be replaced and maintained for the life of the facility.The on-site locations and types of signs must be acceptable to the Florida Fish and Wildlife Conservation Commission,which should be contacted at ImperiledSpecies©myfwc.com.The types of signs,sign vendors,and the process for FWC approval can be found at: bM.//www.myfwc.wm/wildlifehabitatsimmaged/mmatee/si®s/. j Permittee:Aski Development,LLC Expiration Date:July 21,2021 1 Permit No.:64-0342863-002-EI Page 6 of 12 GENERAL CONDTI'IONS FOR INDIVIDUAL PERMITS - The following general conditions are binding on all individual permits issued under chapter 62-330,F.A.C., fexcept where the conditions are not applicable to the authorized activity,or where the conditions must be modified to accommodate project-specific conditions. 18. All activities shall be implemented following the plans,specifications and performance criteria approved by this permit Any deviations must be authorized in a permit modification in accordance with Rule 62-330315,F.A.C.Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit ander Chapter 373,F.S. 19. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase,and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 20. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards.Performance-based erosion and sediment control best management practices shall be installed immediately prior to,and be maintained during and after construction as needed,to prevent adverse impacts to the water resources and adjacent lands.Such practices shall be in accordance with the State of Florida Erasion and Sediment Control Designer and Reviewer Manual(Florida `/ Department of Eavironmemal Protection and Florida Department of Transportation June 2007), and the Florida Siormwater Erasion and Sedimentation Control Inspector's Manual(Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida,July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5.,F.A.C.,unless a project- specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 21. At least 48 hours prior to beginning the authorized activities,the permittee shall submit to the Agency a fully executed Form 62-330.350(1),"Construction Commencement Notice,"[October 1,2013],which is incorporated by reference in paragraph 62-330.350(])(d),F.A.C, indicating the expected start and completion dates.A copy of this form may be obtained from the Agency, as described in subsection 62- 330.010(5),F.A.C.If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 22. Unless the permit is transferred under Rule 62-330.340,F.A.C.,or transferred to an operating entity ander Rule 62-330.310, F.A.C.,the permittee is liable to comply with the plans,terms and conditions of the permit for the life of the project or activity. 23. Within 30 days after completing construction of the entire project,or any independent portion of the project,the permittee shall provide the following to the Agency,as applicable: a. For an individual,private single-family residential dwelling unit,duplex,triplex,or quatimplex —"Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit"[Form 62-330.310(3)];or b. For all other activities—"As-Built Certification and Request for Conversion to Operational Phase"[Form 62-330.310(1)]. Permittee:Aski Development,LLC Expiration Daze:July 21,2021 Permit No.:64-0342863-002-EI Page 7 of 12 Jc. If available,an Agency website that fulfills this certification requitement may he used in lieu Of the form. 24. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or mit served by the activity and within one year of permit issuance,or within 30 days of as-built certification,whichever comes fust,the permittee shall submit,as applicable,a copy of the operation and maintenance documents(see sections 12.3 thm 12.3.3 of Volume I)as filed with the Department of State,Division of Corporations and a copy of any easement,plat,or deed restriction needed to operate or maintain the project,as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as-built certification,the permittee shall submit`Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity"[Form,62- 330.310(2)]to transfer the permit to the operation and maintenance entity,along with the documentation requested in the form.If available,an Agency website that fulfills this transfer requirement may be used in lieu of the form. 25. The permittee shall notify the Agency in writing of changes requited by any other regulatory agency that require changes to the permitted activity,and any required modification of this permit must be obtained prior to implementing the changes. 26. This permit does not: ~ a. Convey to the permittee any property rights a privileges,or any other rights or privileges other than those specified herein or in Chapter 62-330,FA.C.; b. Convey to the permittee or create in the permittee any interest in real property; C. Relieve the permittee from the need to obtain and comply with any other required federal,state, and local authorization,law,tide,or ordinance;or d. Authorize any entrance upon or work on property that is act owned,held in easement,or controlled by the permittee. 27. Prior to conducting any activities on state-owned submerged lands or other lands of the state,title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund,the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258,F.S.Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 28. The permittee shall hold and save the Agency harmless from any and all damages,claims,or liabilities that may arise by reason of the construction,alteration, operation,maintenance,removal, abandonment or use of any project authorized by the permit. 29. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate;and b. Within 30 days of any conveyance or division of ownership or control of the property or the y, system,other than conveyance via a long-term lease,and the new owner shall request transfer of the permit in accordance with Rule 62-330.340,F.A.C. This does not apply to the sale of Permittee:Aski Development,LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-EI Page 8 of 12 t lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 30. Upon reasonable notice to the permittee,Agency staff with proper identification shall have permission to enter,inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit 31. if any prehistoric or historic artifacts,such as pottery or ceramics, stone tools or metal implements, dugout canoes,or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area,work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease.The permittee or other designee shall contact the Florida Department of State,Division of Historical Resources,Compliance and Review Section,at(850)245-6333 or(800)847-7278,as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 32. Any delineation of the extent of a we0and or other surface water submitted as part of the permit application,including plans or other supporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201,F.A.C.,provides otherwise. 33. The permittee shall provide routine maintenance of all components of the stonnwater management system to remove trapped sediments and debris.Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330,F.A.C.,or cause violations of state water quality standards. 34. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result,the Agency will require the permittee to eliminate the cause,obtain any necessary permit modification,and take any necessary corrective actions to resolve the adverse impacts. 35. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7),F.A.C. Such notice is not an encumbrance upon the property. SPECIAL CONSENT CONDMONS 36. The applicant agrees to indemnify,defend and hold harmless the Board of Trustees and the State of Florida from all claims,actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 37. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not Permittee:Aoki Development,LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-El Page 9 of 12 enforced or waived,nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 38. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization,the authorization may be terminated by the Board of Tmstees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty(30)days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 39. All costs incurred by the Board of Tmstees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 40. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253,F.S. 41. Sovereignty submerged lands may be used only for the specified activity or use.Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees. 42. Authorization under Rule 18-21.005,F.A.C.,conveys no title to sovereignty submerged lands or water column,nor does it constitute recognition or acknowledgment of any other person's title to such land or water. 43. Authorizations under Rule 18-21.005,F.A.C.,may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04,F.S.and Chapter 18-14,F.A.C. 44. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 45. Construction, use,or operation of the structure or activity will not adversely affect any species which is endangered,threatened or of special concern,as listed in Rules 68A-27.003,68A-27.004, and 68A- 27.005,F.A.C. 46. Structures or activities will not unreasonably interfere with riparian rights. when a court of competent jurisdiction determines that riparian rights have been unlawfully affected,the structure or activity will be modified in accordance with the court's decision. 47. Structures or activities will not create a navigational hazard. Permittee:Aski DevelopmenS LLC Expiration Date:July 21,2021 Permit No.:64-0342863-002-EI $ Page 10 of 12 1 48. Structures will be maintained iA a functional condition and will be repaired or removed if they become (i dilapidated to such an extent that they are no longer functional. 49. Structures or activities will be constructed,operated,and maintained solely for water dependent purposes. 50. The applicant agrees to indemnify,defend and hold harmless the Board of Trustees and the State of Florida from all claims,actions,lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 51. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived,nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 52. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization,the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty(30)days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 53. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 54. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action,the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an 1400 administrative proceeding(hearing)under Sections 120.569 and 120.57,F.S. Pursuant to Rule 28-106.201, F.A.C.,a petition for an administrative hearing must contain the following information: iJ i Permittee:Asti Development,LLC Expiration Date:July 21,2021 PermitNo.:64-0342863-002-E1 Page l l of 12 (a) The time dnd address of each agency affected and each agency's file or identification number,if known; (b) The time,address,and telephone number of the petitioner;the time,address,and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes;and (g) A statement of the refief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed(received by the Clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Also,a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. v Time Period for Filine a Petition In accordance with Rule 62-110.106(3),F.A.C,petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice.Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3),F.S.must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,whichever occurs fast. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that persons right to request an administrative determination(hearing)under Sections 120.569 and 120.57,F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant,or any party within the meaning of Section 373.114(Ixa)or 373.4275,F.S.,may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(l) i i Permittee:Aski Development,LLC Expimtron Date:July 21,2021 Permit No.:64-0342863-002-EI Page 12 of 12 or 373.4275,FvS. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is fried with the Clerk of the Department. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68,F.S.,by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,Florida Rules of Appellate Procedure,with the Clerk of the Department in the Office of General Counsel,3900 Commomve ltb Boulevard,M.S.35,Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in Orange County,Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION k,.g=tdm' ,P cinistmtor Permitting and Waste Cleanup Attachments: Project Drawings, 8 Pages Construction Commencement Notice/Form 62-330.350(1) As-built Certification and Request for Conversion to Operational Phase/Form 62-330.310(1) Request to Transfer Permifform 62-330.340(1) Copies furnished to: DEP,Office of General Counsel,Lea.crandall(a)depstate.fl.us U.S.Army Corps of Engineers,cgMsiaxrea(a)usacearmv.mil Volusia County,envirooermit(alco.volusia.fl.us Department of Community Affairs,dcrnermits(adeo.mvflorida.com John Palmer,ACOE-Cocoa Beach Regulatory Office,John Palmer(alusace armv.mil Nicole Martin,FDEP,Nicole.Martin(a),dep.statc.fl.us CERTIFICATE OF SERVICE The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies,was mailed before the close of business on July 22. 2016.to the above listed persons. FILING AND ACKNOWLEDGMENT FILED,on this date,under 120.52(7)of the Florida Statutes,with the designated Department Clerk, receipt of which is hereby acknowledged. f✓londnkin0 July 22,2016 Clerk Date CONSTRUCTION COMMENCEMENT NOTICE v Instructions: In aecoodance with Chapter 62330.350(l)(d),FA.C.,complete and submit this tam at least 48 hours priorto commencement of activity authorized by permit. Permit No. Application No. Project Name Phase Construction of the system authorized by the above referenced Environmental Resource Permit and Application, is expected to commence on '20 and will have an estimated completion date of ,20 PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of the permit, District staff should be so notified in writing. As soon as a construction commencement date is known,the permitlee shall submit a completed construction commencement notice form. Peimtilee's or AUUarizetl Mears Siraelu Gimp Pard Name Tde Date Email Phone Number Z,Y ® Form Notice 82-330.350(1)ConsWction OommencenwA Incomwaled by rel�In subsection 62-330.350(7),FAG(Odobw 1,ADI 3) AS-BUILT CERTIFICATION AND REQUEST FOR CONVERSION TO OPERATION PHASE NW Instructions: Complete and submit this page within 30 days of completion of the permitted activities, as required by the permit conditions.Any components of the permitted activities that am not in substantial wnformance with the permit must be corrected or a modification of the permit will be required in accordance with Rub 62- 330.315, Florida Administrative Code (F.A.C.). The operation phase of the permit is effective when the construction certfication for the entire permitlapplicatiw a approved by the Agency. If the final operator, and maintenance entity is not the permittee, the permittee shall operate the system, works or other activities temporarily unfit such time as the transferee the operation entity is finalized(use Form 62-330.310(2)). Permit No.: Application No(s). Permittee: Project Name: Phase(if applicable): I HEREBY CERTIFY THAT (please choose accurately and check only one box): ❑ I hereby ratify the Agency of the completion of construction of all the components of the system, works or other activities for the above referenced project and certify that it has been constructed in substantial conformance with the plans specifications and conditions permitted by the Agency. Any minor deviations will not prevent the system from functioning in compliance with the requirements of Chapter 62-330, F.A.C. Attached is documentary evidence of satisfaction of any outstanding permit conditions,other than long term monitoring and inspection requirements. ❑ At the time of final inspection, the works or activities were NOT completed in substantial conformance with the plans and specifications permitted by the Agency. (The registered professional shall describe the substantial deviations) in writing, and provide confirming depiction on the as-built drawings and information) If there were substantial deviations, plans must be submitted clearly labeled as 'as-built" or "record" drawings reflecting the substantial deviations. If there are no substantial deviations, do not submit "as built"drawings. For activities that require certification by a registered professional: By: Signature Prim Name Fla.Lie.or Reg.No I AFFIX SEAL! Company Name Company Maness Date For activities that do not require Certi(cation by a registered professional: By Signature PnM Name Company Name Company Address Date Form 62-330.310(1)-AEeuilt Coruscation 8 Request for Conversion to Operation Phase Imcomomted by reference in paragraph 62-330.310(4)(a),FA C. (10-1-2013) Page 1 of 2 DRAWINGS AND INFORMATION CHECKLIST Following is a list of information that is to be verified andfor submitted by the Registered Professional or Permittee: 1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under Chapter 472, F.S. 2. The registered professional's certification shall be based upon on-site observation of construction (scheduled and conducted by the registered professional of record or by a project representative under direct supervision)and review of as-built drawings,with field measurements and verification as needed, for the purpose of determining if the work was completed in accordance with original permitted construction plans,specifications and conditions. 3. If submitted, the as-built drawings are to be based on the permitted construction drawings revised to reflect any substantial deviations made during construction. Both the original design and constructed condition must be clearly shown. The plans need to be clearly labeled as "as-built" or "record" drawings that clearly highlight (such as through "red lines" or 'clouds") any substantial deviations made during construction. As required by law, all surveyed dimensions and elevations required shall be verified and signed, dated and sealed by an appropriate registered professional. The following information, at a minimum, shall be verified on the as-built drawings, and supplemental documents if needed: a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices, gates, pumps,pipes, and oil and grease skimmers; b. DetentionlRetention Area(s)-Identification number, sae in acres, side slopes (h:v), dimensions, elevations, contours or cross-sections of all, sufficient to determine stage-storage relationships of ant the storage area and the permanent pod depth and volume below the control elevation for normally wet systems, c. Side bank and underdmin fitters, or eufiltralion trenches- locations, dimensions and elevations of all, including clean-outs, pipes, connections to control structures and points of discharge to receiving waters; d. System grading - dimensions, elevations, contours, final grades or cross-sections to detemline contributing drainage areas, flow directions and conveyance of runoff to the system discharge point(s); e. Conveyance-dimensions, elevations, contours,final grades or cross-sections of systems utilized to divert off-site runoff around or through the new system; I. Benchmarks)-location and description (minimum of one per major water control structure); g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans, preferably the same datum used in the permit plans. 4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial distribution of plantings conducted by zone(if plantings are required by permit),with a list showing all species planted in each zone, numbers of each species, sizes, dam(s) planted and identification of source of material; also provide the dimensions, elevations, contours and representative cross- sections depicting the construction. 5. Any additional information or outstanding submittals required by permit conditions or to document permit compliance, other than long-term monitoring or inspection requirements. Form 82x30.310(1)-As-&it Certificallon&Request for Conversion to Operation Phase Incoryaaletl by reference in paragraph e2-330.310(4)(a),F.A.C. (104-2013) Page 2 of 2 REQUEST TO TRANSFER PERMIT 'b Instructions: Submit this form to the Agency within 30 days after any transfer of ownership or control of 1 the real property where the permitted activity is located. , Note Use of this form is not required when a valid permit is in the operation and maintenance phase. In case, the owner must notify the Agency in writing within 30 days of a change in ownership or control of the' re*" real property, project,or activity covered by the permit. The notification may be letter,e-mail,or using this form, sem to the office that issued the permit. A processing fee is not required for this notice. The permit shall automatically transfer to the new owner or person in control,except in cases of abandonment, revocation,or modification of permit as provided in Sections 373.426 and 373.429,F.S.(2012). If a permittee fails to protide written notice to the Agency within 30 days of the change in ownership or control,or if the change does not include the entire real property or activity covered by the permit,then the transfer must be requested using this farts. Permit No.: Application Date Issued: No(s).: Identification or Name of Surface Water Management System. Phase of Surface Water Management System (if applicable): PART 1:PROPOSED PERMIT HOLDER The undersigned hereby notes the Agency that 1 have acquired ownership or control of the land on which the permitted system is located through the sale or other legal transfer of the land. By signing below, I hereby certify that I have sufficient real property interest or control in the land in accordance with subsection 4.2.3 (d) of Applicant's Handbook Volume I; attached is a copy of my title, easement, or other to w demonstration of ownership or control in the land, including any revised plats, as recorded in the Public Records. I request that the permit be modified to reflect that I agree to be the new permittee. By so doing, I acknowledge that I have examined the permit terms, conditions, and drawings, and agree to accept all rights and obligations as permittee, including agreeing to be liable for compliance with all of the permit terms and conditions, and to be liable for any corrective actions required as a result of any violations of the permit after approval of this modification by the Permitting Agency. Also attached are copies of any recorded restrictive covenants, articles of incorporation, and certificate of incorporation that may have been changed as a result of my assuming ownership or control of the lands. As necessary, I agree to furnish the Agency with demonstration that I have the ability to provide for the operation and maintenance of the system for the duration of the permit in accordance with subsection 12.3 of Applicant's Handbook Volume I. Name of Proposed Permit Holder: Mailing Address: City State: Zip Code: Telephone: Fax: E-mail: mom Foam 62330.340(1)-Request Transfer Parmrt Incomoraled by reference in subsection in 62330.340(3),F.A.C.(10-12013) Page 1 of 2 NM Signature of Proposed Permittee Date Title(it any) r PART 2.RESPONSIBLE REGISTERED PROFESSIONAL Name of Registered Professional who will be responsible for system inspections and reporting as required by Chapter 62-330, F.A.C. (if applicable): Mailing Address: City: State: Zip Code: Telephone: Fax: E-mail: Enclosures: ❑ Copy of recorded transfer of title for surface water management system ❑ Copy of plat(s) ❑ Copy of recorded restrictive covenants,articles of incorporation,and certificate of incorporation ❑ Other `►I Foran 62-330.340(1)—Request Transfer Permit Incorporated by reference in subsection in 62J30.340(3),FAC,(10-1-2013) Page 2 of 2 Permittee: Permit No.: Pae 1 of 8 INDIAN RIVER NORTH 1FAX (M) `—� FLOOD EBB 5 37d WE NORTk MHWL 2 BOTTOM $ of BANK �1 IRON ROD and CAP L 8 2599 TOP of BANK < r N BETWEEN TOB and REINFORCED CONCRETE PIPE CONCRETE BLOCK RIP-RAP < ur RANDOM RUBBLE ROCK and CONCRETE DISCARDED CONCRETE RAMP � 3 2 3 REINFORCED CONCRETE BOTTOM of BANK PIPE and BLOCK RUBBLE AQUATIC VEGETATION 7— and WALKWAY ' ,/ LIVING SHORE LINE 1 TOP of BANK CONCRETE RIP-RAP i w SEE SHEET 8 S L O T - 1 FOR GREATER DETAIL E V A C A N T Z R - 50 9B' (M) L - 72 W (M) CONCRETE WALK 55 2O (M) N 30d 32' SP W (Mj ____________________________ WEST EDGE SOUTH flIYERSIDE DflIVE (GO' RIW) SITE PLAN PROPERTY BOUNDARY LINES and 0® EXISTING SHORE LINE Ae�. ,+A a�enKAmeo axe��-ernmme) w/ RAMP and MAN-MADE CANAL SCALE APPLICANT- ASKI DEVELOPMENT, LLC PURPOSE. SEAWALL and CANAL DREDGE WATER BODY- INDIAN RIVER NORTH ORIGINAL WORK- XXX MANTENANCF, XXX ^OUNTY, VOLUSIA SHEET NO 2 OF 17, 9 DATUM DATE 02 JUNE 2018 Permittee: Permit No.: INDIAN Page 2 of S aRl ER NORTH aar Ew _ EBB B sre 2e 5r E- ---- _ —I /V() jg *AW 3T-7 23-6 '$ ' 73-5 7-9• {$ '{ SEE SHEET 8 �{ 5-9' MHWL < : D ; b fr 9• r w �4i RON ROD and CAP J L 8 2 5 9 0 { Z 1 < ' SEE SHEET 8 { ^ < ` o < J > BOTTOM of BANK AQUATIC VEGETATION { LIVING SHORE LINE SEE SHEET 8 r� ` Y FOR GREATER DETAIL Y �} Y v e 1 =I IRON ROD / NO CAP ) IRON ROD oM CAP BACK of CONCRETE WALK ' L B S B e 9 PONT et INTERSECTION BACK of CONCRETE WALK CONCRETE WALK �� I //—RK DO I No CAIR BAWALK \ I� POINT of INTERSECTION WEST EDGE SOUTH RIVERSIDE DRIVE (80' R!W) SITE PLAN PROPOSED BULKHEAD LOCATION 0 20 40 80 FROM FIXED POINT/SURFACE SCALE APPLICANT' ASKI DEVELOPMENT. LLC PURPOSE' SEAWALL and CANAL DREDGE WATER BODY' INDIAN RIVER NORTH ORIGINAL WORK, XXX MAINTENANCE, XXX COUNTY' VOLUSIA SHEET NO , 3 OF k 9 OATUM• DATE• 02 JUNE 2018 Permittee: Permit No.: s I - - Page 3 of 8 DREDGE AREA 'A' I SHEET 8 COQUINA RIP-RAP and EXISTING MHWL M H W L APPROX 31 7 LONG x LOCATION -/ CL. 0 •30 (NAVD 88) - - 12 1T EVERLAST 10 5 VINYL SHEET PILE w/ D I6' x 24' CONCRETE CAP T05 i 1 O• O 8 5 D PROPOSED SEAWALL m 0 OPTIONAL 1 1/8' DIA DETROIT THRU-HULL WEEP HOLE F- J J S ABOVE WIN - S C/C TYP < DRAWIAGE STONE WRAPPED WITH WOVEN-GEOTEXTLE a ALONG ENTIRE LENGTH OF WALL w J 2 to 1 SLOPE RP-RAP ■/ FILTER CLOTH CONCRETE CAP 0 Q PROPOSED TOB COMPACTED CLEAN FILL F I Pei TOB - EL 3.8 6 d1r AS REOUWiED z z EIOSTWG TOB v < EL 2.5 0 __ •7- 1 5 z °f o Q ` DEG MHW - EL 0.30 = U s ae0na� OPTIONAL TE BACK SYSTEM p \\\ STAINLESS STEEL TIE ROD NUTS and WASHERS 0 12 x 18 x 24 CONCRETE DEADMAN 0 T x 17 x 1 THICK SS PLATE m or MANTA-RAY (MR-SR) ANCHOR EVERLAST 10 5 or EOUIV MIN i SECTION D-D N T S PLAN VIEW PROPOSED BULKHEAD LOCATION 0 20 40 80 xavxs�ar ax.r as Efa�m� and RUBBLE REMOVAL "" SCALE ,urr mroan APPLICANT, ASKI DEVELOPMENT. LLC PURPOSE- SEAWALL and CANAL DREDGE WATER BODY- INDIAN RIVER NORTH ORIGINAL WORK- XXX MAINTENANCE• COUNTY• VOLUSIA SHEET NO • 4 OF k 9 DATUM. DATE, 02 JUNE 2016 Permittee: Permit No.: INDIAN RIVE NORTH 41 D NO EBB FLOOD 2g-p• TURBIDITY BARRIER APPROXIMATE HISTORIC SHORE LINE C' PROPOSED MHWL AT REVETMENT (SHEET 8 d 9)� � EXISTING MHWL P.T 108 II ���p SEAWA�� I II pROp0SE B II B o MECHANICAL DREDGE VIA LONG REACH EXCAVATOR WITH CLAM SHELL BUCKET TO < !I i MAX MINUS 5 FT DEPTH - SAND BOTTOM << I II I w II N II o � r o o d i J m o < IIY I O \ 3 z O < �I �Im II ti -< w o r 11 Z' Ilo rn � O IIw I •/• 60 ' a o - < Ila v m 110 TEMPORARY i Ilz CONCRETE BARRIER ¢ II ti I w/ FILTER CLOTH LINER d IIx and HAY BALES AS REO'D x I 11 � 11 I V A C A N T L O T - 1 I I A II A PROPOSED 3 2 STEM WALL t t 11 I ABUTTING SEAWALL LANDWARD OF M H W L I APPROX 2 6 3 SQ-F-�- AND VEGETATION C ANGROVE PLANTS -TO REMAIN PLAN VIEW 2a•D MAINTENANCE DREDGE AREA 34'-0• 0 1® TA 47-0' _ SCALE APPLICANT. ASKI DEVELOPMENT. LLC PURPOSE SEAWALL and CANAL DREDGE `-AATER BODY- INDIAN RIVER NORTH ORIGINAL WORK XXX MAINTENANCE XXX wUNTY- VOLUSIA SHEET NO.- 5 OF x 9 + DATUM- DATE, 02 JUNE 2016 Permittee: Permit No.: r.- PROPOSED SEAWALL w/ CAP TOB 45 DEG SLOPED SIDES EL 3_8 8 1 . 5 3 RANGE MAINTENANCE DREDGE --- -' ---------- --- M H W _ ML W 0. 30 it -t . 23ft _ _ 5_ PROPOAF �AN/�L�-i . 2 3 EXISTING CANAL 5 5 24' S 5 SECTION A - A N. T. S. BULKHEAD NOT SHOWN FOR CLARITY TIDAL DATA N A V D 8 8 POINT ID No 4 0 t 2 COUNTY VOLUSIA QUAD MAP NAME- EDGEWATER M H W 0. 3 0 it M L W -1 . 2 3 it �.. PROPOSED SEAWALL w/ CAP TOB 45 DEG SLOPED SIDES EL 3_88 - ^--_--- ri-53 RANGE -- TENANCE DREDGE JI _ M H W_ - - \_711N� - MlW 0 . 30 it -1 . 23 it ---' --_ i-- 5— PBDPQSEo��N�4�1LT4M E--- CANAL I S 28 5 T-6 Z.6' SECTION B - B N. T. S. BULKHEAD NOT SHOWN FOR CLARITY CROSS SECTION MAINTENANCE DREDGE AREA PROFILE ae m ur mwvma1 SCALE- N O NE •pr rxae�tt APPLICANT- ASKI DEVELOPMENT. LLC PURPOSE- SEAWALL and CANAL DREDGE WATER BODY- INDIAN RIVER NORTH ORIGINAL WORK- XXX MAINTENANCE XXX ,awl COUNTY, VOLUSIA SHEET NO 6 OF 9 DATUM- DATE, 02 JUNE 2016 y _opmeW,LLC VEGETATION 840342863-002-EI TIDAL DAT a8of8 v o WEST END OF CANAL N A V D 88 - K m i �a MANGflOVE - TO REMAPJ (283 aD POINT ID No 4 01 2 0 7 BRAZLIAN PEPPER - TO BE REMOVED COUNTY VOLUSIA I EAST END OF CANAL - 'QUAD MAP NAME- EDGEWATER -' z a �- MANGROVE - 6 sf M H W 0.3 0 1t - o x INDIAN RIVER NORTH M L W -1 .2 3 ft - Z o BRAZLIAN PEPPER - TO BE REMOVED n ^ cm m z Q Z PROPOSED TOP OF BANK (EL 3.8 W y y EXISTING GRADE (EL 2.8 0) i z PROPOSED BULKHEAD , r m EL 3.86ft o Z N 45 DEG SLOPED SIDE MAINTENANCE DREDGE m n 1 8 7 •1- CUBIC YARDS oD -4 _ _ _ PROPOSED NORTH SEAWALL CAP 1.5 3 RANGE y iiag oZ = _ — - -_= MHW_ 0.30 !t i myis m � MLW z itm D � I �_ a a PROPOSED CANAL BOTTOM T .. a m EXISTING CANAL a o J x m WEST END VEGETA EAST END ' i I 13 5' 177 �. m ; 'n o o m m z SECTION C - C N.T.S. ;4 s m I>> � z TOP ELEVATION of ALL DRAINAGE MANHOLES - 3.5 4 fl m m o TOP ELEVATION OF SHEET PILE CAP - 3.8 6 It m V Permittee: Permit No.: INDIAN RIVER NORTH Np EBB AREA 'A' FLOOD E REMOVE MATERIAL IN CROSS HATCHED V ! AREA TO ELEVATION 0.50 (NANO BB) EAST OF PROPOSED SEAWALL NO DREDGING BELOW M H W L SQUARE FEET - 6 2 7 M H W L CUBIC YARDS - 3 5 EL. 030(NAVD Be) _ ;I PROPOSED SEAWALL AREA 'S' 1�p OF BANK / (ST 9) i REMOVE MATERIAL IN CROSS HATCHED JJJ AREA TO ELEVATION -1.23 (NAVD 88) PROPOSED SEAWALL SOUTH OF PROPOSED SEAWALL (CANAL) H REMOVE MISC. RUBBLE AND DEBRIS CANAL DREDGING (SHEETS 5. 6 67) U BETWEEN THE TOB AND MHWL SQUARE FEET - 8 3 3 CUBIC YARDS - A 0 IRON ROD 8 CAP L B 2 5 9 9 F I F I (SHT 9) CONCRETE BULKHEAD TO BE REMOVED i CONCRETE RASP �TO BE REMOVED J I i Q Y m MHWL Z ; PER SURVEY LLO a Q 0 i U REMOVE 1AISC. RUBBLE AND DEBRIS y BETWEEN THE TOB AND MHWL % w BOTTOM OF BANK TOP OF BANK CONCRETE RIP-RAP MHWL AQUATIC PPROVEGETATELY 2 8 3 SO FT AON PROPOSED SEAWALL I SHORELINE AT WESTT END OF CANAL MANGROVE - TO REMAIN BRAZILIAN PEPPER PLANT - b o * TO BE REMOVED i PROPOSED 37 STEM WALL ABUTTING1 3T-0* PROPOSED SEAWALL VEGETATION SITE PLAN D to 20 40 SHORE LINE DREDGE BOUNDARIES R &D W ALLY M6 ADDED SHEET8 6 8 SCALE PROMPHETMY PROPERTY EWM6HIDB APPLICANT, ASKI DEVELOPMENT. LLC PURPOSE- SEAWALL and CANAL DREDGE `WATER BODY, INDIAN RIVER NORTH ORIGINAL WORK- XXX MAINTENANCE- XXX rUNTY- VOLUSIA SHEET NO.- 8 OF 9 DATUM- DATE, 02 JULY 2016 Permittee: Permit No.: FEMSTWO Pa e 8 of 6 s m co .o op !$ N x x¢ PROPOSED SEAWALL ./ OAP 11g1ETE- VED PROPOSED TCB _ELEV 3_8 8 3— E70STNG Toa V 2 18 3 AREA 'B' DREDGE BOTTOM PI B BELOW M L W REMOVE MATERIAL N CROSS HATCHED AREA TO ELEVATION -1 0(NAVD MI SECTION F F OSANAL DREDGNGG((SSHEETSWALL 568D(CANAL3 SHORELINE DREDGE BOUNDARIES SQUARE FEET - 8 3 3 CUBIC YARDS - ♦0 m 1� eW 0 0 w a i PROPOSED SEAWALL wl CAP ELEV 2.7 PROPOSED roe - ELEV 3.8 8_ ELEV 2.3 V 0 ELEV 1.8 ELEV 18 MHML 3..30 _ ELEV -0.8�— AREA 'A' REMOVE MATERIAL N CROSS HATCHED AREA TO ELEVATION 0 X(NAVO 0 SECTION E E EAST OF PROPOSED SEAWALL NO DREDGING BELOW M H W L SHORELINE DREDGE BOUNDARIES SQUARE FEET - 6 2 T CUBIC YARDS - 3 5 TAnv4rioel°t L° SCALES N T S APPLICANT ASKI DEVELOPMENT. LLC PURPOSE, SEAWALL and CANAL DREDGE WATER BODY- INDIAN RIVER NORTH ORIGINAL WORK- XXX MAINTENANCE- XXX COWTY• VOLUSIA SHEET NO • 9 OF 9 DATUM' DATE, 02 JULY 20116 Anna Long m: Hendricks, Katiin <Katlin.Hendricks@MyFWC.com> 1111119ent Tuesday,June 28, 2016 1:34 PM To: Martin, Nicole cc dock-permits@cfl.m.com Subject 64-0344751-001 ASKI Development LLC,Volusia County, FWC Comments Project Name: ASKI Development, LLC, Volusia County File No. 64-0344751-001 Ms. Martin, The Florida Fish and Wildlife Conservation Commission(FWC)has reviewed the proposed project to maintenance dredge a manmade canal via mechanical dredging with an upland crane. Approximately 485 cubic yards of material will be removed. A 312-foot bulkhead will be installed behind the MHWL and ripmp will be placed on the east side of the project area that borders Mosquito Lagoon. The project area is located at 2001 South Riverside Drive, Edgewater,Volusia County. Florida manatee(Trichechm manatus latirostris)use of this area is documented by aerial survey,mortality,and satellite telemetry data. It is our opinion that the Standard Manatee Construction Conditions for In-water Work (2011)will satisfy the requirements of 373.414(l)(a)2 Florida Statutes if incorporated as conditions of the permit and followed for all in-water activity. hank you for the opportunity to review this project. If the above recommendations are incorporated into the authorization and followed by the applicant,no significant adverse impacts are expected. Please contact me at (850) 922-4330 or via email if you have any questions or require additional information. Sincerely, Karlin Kuhn-Hendricks Fisheries and Wildlife Biological Scientist III Imperiled Species Management Section Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee,FL 32399 Kanin.Hendricks(a),MyF WC.com (850)9224330 'eI 1 V 1 FLORIDA DEPARTMENT O STATE r RICK SCOTT KEN DETZNER Governor Secretary of Stam Florida Department of Environmental Protection August 30,2018 3319 Maguire Blvd.,Suite 232 Orlando,FL 32803 RE: DHR Project File No.:2018-4047, Received by DHR:August 07,2018 Project:Fdgewaterldarina County: Volusia To Whom It May Concent: Our office reviewed the referenced project in accordance with Chapters 267.061 and 373.414,Florida Statutes,and implementing state regulations,for possible effects on historic properties listed,or eligible for listing,in the National Register of Ifstoric Places,or otherwise of historical,architectural or archaeological value. It is the opinion of this office that the proposed project is unlikely to affect historic properties.However, unexpected finds may occur during ground disturbing activities,and we request that the permit,if issued, should include the following special condition regarding inadvertent discoveries: • If prehistoric or historic artifacts,such as pottery or oenmics,projectile points,dugout canoes,metal implements,historic building materials, or any other physical remains that could be associated with Native American,early European,or American settlement are encountered at any time within the project site area,the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery.The applicant shall contact the Florida Department of State,Division of Historical Resources,Compliance Review Section at(850)-245-6333.Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05,Florida Statures. If you have any questions,please contact Rachel Thompson,Historic Preservationist,by email at Rachel.Thompson das.myjlorida.rom,or by telephone at 850.245.6453 or 800.847.7278. Si/nc�erely, Timothy A Parsons,Ph.D. Director,Division of Historical Resources &State Historic Preservation Officer 460 Division of Historical Resources R.A.Gray Building•500 South Br000ugh Street-Tallahassee,Florida 32399 950.245.6300-850.245.6436(Fax) FLHeritage.cam i6l Sovereignty Submerged Land Lease `►+ Anna Long From: Kipp,James <James.Kipp@dep.state.fl.us> Sent: Monday,July 1, 20199:11 AM To: Anna Long Cc: Wallace, Celeda Subject: 640002544 Good morning Anna, We have received a Delegation of Authority document from the Department's Central District Office regarding the renewal of sovereignty submerged land lease No.640002544 to ASKI Development, LLC.The previous lease expired on August 9,2018 and was cancelled erroneously. DEP Central District office received notification from the lessee that they did not intend to have the lease cancelled and wish to be issued the lease renewal for signature and execution.The Division of State Lands will begin processing the lease renewal,which will be for a five(5)year term beginning August 9, 2018 and running through August 9,2023. Lease fees for the 2018/2019 billing cycle have already been paid.Let me know if you have any questions or concerns, Thanks,Jim James Kipp OMC—Manager Submerged Lands Leasing Section Bureau of Public Lands Administration Department Of Environmental Protection 3800 Commonwealth Blvd., MS#130 Tallahassee, FL 32399-3000 850-245-2731 Inter Office 52731 lames.Ki o o fade0.state.fl.us Please take a few moments to provide us with valuable feedback! Customer Service IV- 11 Survey Additional resources: OEF BUSINESS PORTAL ONLINE NEWSROOM '[4trict Omcw t v tsion e5nmve rnm Page 1 of 1 • IBERu A W ' AIK1 CLYB,OPMW LLC s 5 01 P.a>to.aaa -town i -7� DAA :,> PAI 0" gmAoo,c.l�fYAkk Ma���� �'.n AA2 �LC.fIDI'1 •I $1p025-4( _ � u y OLLARS • _ Rnt itxk t8�1, 111+002544 �00518ir t: 2652704i3C 2000i330551r '. ' .',�+,' � Date:08-20-2019 Sequence:8C22666 CapSequence:0 Senal'5181 Tranut/Routing:265270413 Accoun[20001330551 Tmn Cooev MnOunt:$6,023.51 Debit/CreoR:D Application ID:19 Applip0on Codi Inst1O:1 t� n 9 d Drm a t.S i J, 'rf Zp t 7, � T 1. Dine:09-2 0 2018 Sequance:e022666 C2pSequence:0 Serlal:5181 Trargit/ROutin9:265270413 Account:20001330551 Tran COtle:O Amount$6,023.51 Debit/CrediGD Application ID:19 Application Coae:D Ingio:1 http:/ribdcoapp49NAmbiye WebClient/Nnt.95px 9°�° 'T• Florida Department of Rick Scott Governor 4' Environmental Protection Carlos Lopez-Qyr to Madory,$g0rsna0 Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Jonathan P. Steverson '•°"'•^�.� °'° Secretary May 03,2016 Aski Development L c Attn: Richard Kowalski 524 Greeley Street Orlando,FL 32032 BOT Lease No.:640002544 Lessee: Aski Development Lic Dew Richard Kowalski, Enclosed is a fully executed original lease for your records. The original lease,at the option of the Lessee,may be recorded m the official records of the county where the leased site is located. If the billing agent phone number,or fax number change,or there is a change in the lessee's tax status, Please notify the BUREAU OF PUBLIC LAND ADMINISTRATIONS ACCOUNTING SECTION in writing within 30 days of the date of any change. Any future correspondence or mclunies should be directed to this office,at the letterhead address above or at(0511)245-2758. Thank you for your assitance and cooperation in this matter. Sincerely, ,C.4 .. Y^ Kathy C.Griffin Government Operations Consultant I Bureau of Public Land Administration Division of State Lands %kcg Enclosure cc: File err www.Mp.sMaa.ua ITS h>zlnimem Prepared By: cm;n Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IRWROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVERERiNTY SUBMERGED LANDS LEASE MODIFICATION TO REFLECT CHANGE IN OWNERSHIP BOT FILE NO.640002544 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred in as the Lessor. WPINESSETH: That for and in consideration of payment of the atinual lease fees heremafterprovided and the fiithfd and umelyperformaoce of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to ASKI Develoern®t LLC.a Florida L+ted liability company,hereinafter referred in as the Lessee,the sovereignty kw lands described as follows: A parcel of sovereignty submerged land in Section 02, Township Is Rage 344 . ,in the Indian River North. Vohs ia County,containing 32 039 square feet,more or less,as is more particularly described and shown on Attachment A,dated October 9.2006 TO HAVE THE USE OF the hereinabove described premises from December 9-2o 15.dre effective date of this modified lease,ttnough A,m st 9.2016.the eaphation date of this modified least. The terms and conditions on and for which this lease is granted are m follows: 1. USE OF PROPERTY The Lessee is hereby authorizedw operate a 45-sb commercial docking facility with a boat ramp a nmr-water dependent wiiildca de&andb it clam in be used escluswely for mooring of nwr'al vessels in conjunction with an upland c n and fish ca=without fueling Facilities,Aidl a sewage pompom facility if it meets the regulatory requirements of the Stare of Florida Department of Environmental Protection or Stare of Florida Department of Health,whichever agency hasjuriediction,and without liveaboards as defined in paragraph 27 as shown and conditioned in AnacLmcm A. All of the foregoing subject to the remaming conditions of this lease. [01061 2. rEASF TS' fix Lessee hereby agrees to pay to the Lessor an initial annual lease fee of S 5.427.56,plus sales rax pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of receipt of this fully atecuted modified lease. The 1 annual fee for the remaining years of this lease shalt be adjusted pmsuant m Provisions of Ride 18-21.011,Florida Administrative Cade. The State of Florida Department of Environmental protection,Division of State Lauds(the"Division')will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaudng term of this lease. All bare fees due hereunder shag be remained w the Division,as agent for the Lessor. 3. WET SLIP RENTAL CERITFICATE /Sl JPPLE'MENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified forth needed in calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an ammx,i basis. When six Mount(6%)of said amoral income exceeds thebase fee or minimum annual fee established national m Rule 18-21.011,Florida Administrative Code, for may lease year during the Term of this lease,the Lessor shall send the Lessee a supplemental invoice for to difference in the amounts for that lease year. (B)Ile instrument Or agreement used by the Lessee to asusfer or assign the right to use a wet slip at the docking facility m a third party shall include a provision that clearly notifies the wet slip matecvser/holder that if the wet slip teaser user-holder subsequently transfers his right to use said wet stip in anaher party,the instrument or agreement used to monster said wet slip shall contain a provision that regatres six percent(601)of the annual gross income derived from said mstnment a ag"amn! for the use of said wet slip be paid to the Lessee who,upon receipt,shall report and transmit said ammmt TO the Lesser. The msM= m Of agreemmn used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet stip that no interest in said wet slip may be further transferred unless a substantially similar provision to the ane contained in the Preceding sentence is placed in each succeeding instrument or agreement used an Minster said wel stip to each raw wet slip mruervsarlolda.(C)Me Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer Or assign the right to use a wet slip at the docking facility to a thud parry annually at the same time the Lessee submits the required Annual Wet Slip Revere Report in the Lessor. 4.LATE FEE ASSESSMENTS The Lessee shall pay a late payment assessor®[for lease fees a other charges due Order this lease which are no paid within 30 days after the due dare.This assessment shall be computed at the race of twelve VAW percent(12Y,)per aons®,calculated m a daily basis fur every day the payment is late. 5. EXAM[NATR)N OF LESSEUS RECORDS For purposes of tins lease,the Lessor is hereby specifically authorized and empowered W exaorice,for the term of this lease including any extensions;thereto plus three(3)additional yuan,at all reasonable hors,the books,records,contracts,and other documents confirming and perta sting to the computation of annual lease payments as specified in Paragraph two(2)above. 6. MADOMNAb[CE OF LESSEE'S FYMRD& The Lessee shall maintain separate accounting reomds fa: (i)the gross revenue derived directly from the use of the leased premises,(d)the gross revenue derived uadrectly from the use of the leased premises,and(iii)all aha gross revenue derived from the Lessee's operations on the riparian upland property The Lessee shall secwe,maintain and keep all records for the entire term ofthis lease plus three(3)additional years. This period shall be cKmaded for an additional two(2)years upon request for exam nation of all records and acemms for lease verification purposes by the Lessor. 7. AGREE'ME14T TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the teased premises only for those activities specified harm and as conditioned by the Some of Florida Department of Emkonnu ntal Protection Fi vkwmaeatal ResourcePamit. The Lesser shall nes(i)change a add to the approved use of the leased premises as defined herein(e.g,, from commercial to mudti•family residential,from temporary mooring in rental of wet slips,from rental of wet slips to contactual agreement with third party for docking of cruise ships,from renal of recreational pleasure craft to rental or temporary mooring of chanerhor boors,frim Ioading'oflloading commercial to rental of wet slips,etc.);(ii)change activities in any mama Cat may have an envirouner al iwM that was not considered in the original authorization or regulatM permit Or(di)change the type of use of the riparian uplands or as pertained by the Lessee's interest in the riparian upland property that's more particularly described to Attachment R without first obtaining a regulatory pemmh/modlfied Permit,if applicable,the Leoa'swrimen authaUatiou in the form of a modified lease,the payment of additional fees,if applicable,and, if applicable,the removal of any structures which may no longer qualify for authorization order the modified lease. Page 3 of r6 soveci®�n auAnergM La Ws I,eme No.EAXYIaSJ+ 8. PROPERTY RIGHTS The Lessee shall make no claim of title or interest to said lands herembefore described by %W reason of the Occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim tbm purports m include,said lands described or the Lessee's leasehold Interest in said lands into any form of private ownership,including but not limited to any form of candommkon or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use time(may be purchased,sold,or re-soli. 9. MIMST IN MARIAN UPIAND PROPERTY During the term of this lease,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(bl,Florida Administrative Code,in the riparian upland property that is more particularly described m Attachment B and by reference made a part hereof together with the riparian rights appurtenmt thereto. Ifsuth interest is tamioated or the Leswrdetermines that such interest did rat exist tat the effective date oft his lease,this lease may be terminated at the option of the Laver. If the Lessor to minaten this lease,the Lessee agrees not ro assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest m the npanan upland property,the Lessee shall inform any potential buyer or tensferce of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any doanoents requnted by the Lessor to ef$ct oro assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for hill compliance with the terms and conditions of this Lease which include,but are not limited to,paym®t of all fees and/or penalty assessments incurred prim to such act. 10. Ac¢IGNMENTOFIEISF: This lease shall not be assigned or otherwise transferred without prim written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of this lease,current management standards and applicable laws,odes and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effea 11. DMCND LFICATION/@MST1GATION OF AI tCLAM: The Lessee shall investigate all claims of every namre arising out of this lease at its expense,and shat indemnify,defend and save and hold harmless the Lessor and the State of Florida from all claims,anions,lawsuits and demands arising an of this lease. %W 12. NOTICES/COMPLIANCErMRNMWION,The lessee binds itsel(its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,is successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions Item set forth,and the Lessee fails m refusm m comply with army of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this Ieaw may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shat revert ro the Lessee. All notion required to be giver to the Lessee by this lease or applicable law Or administrative tries shall be sufficient if sent by U.S.Mail to the following address: ASIA Development LLC 524 Greeley Street Orlando,Florida 32804 The Lessee shall notify the Lessor by certified mail of any change m this address at least ten(t0)days before the change is effective. 13. TAXES AND ASSESSbffWrS: The Lessee shall assume all responsibility for liabilities that accrue m the subject property or to the®provemems dtereoq including any and all drainage or special assessments or razes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 14. NUISANCES OR ILLEGAL OPERATIONS The Lessee shall not permit the leased(remises or soy part thereof to be used or occupied for any purpose Or bsinuss aha tion herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nm shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on Me leased premises. vYra' Page 3 of 16 sav4re�ry nuM1merged Lords L�Yo. 540n035W 15. MAMTFNANLCE OF FA II 1TY IGHT TO INSPECT The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good stare ofrepair in the interests of public health, safety and welfare. No dock or pier shall be constructed in my manner that would Muse hum m wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMAIATION The Lessee shall nor discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,bandicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent in and used as an adjunct of the leased area. 17. ENFORCIENT OF PROVISIONS No failure,or successive failures,on the pmt of the Lesson to enforce any provision,nor my waiver or successive waivers m its part of any pmvisioo herein,shall operate as a discharge thereof or render the same inoperative or m mrpav the right of the Lessor to enforce the same upon arty renewal thereof in the est®t of subsequent breach or breaches. I& PERNIESSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shag cease and terminate. 19. RENEWAL PROVISIONS, Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to tbe terms,conditions and provisions of management standards and applicable laws,ndes and regularions in effect a that mne. in are evert that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The tens of am renewal granted by the Lessor shall commence on the Iasi day ofthe previous lease term In the event the Lessor does not graft a renewal,the Lessee shall vacate the leased premises and remove a0 structures and equipment occupying and erected thereon a its espouse. The obligation to remove all structures authorized herein upon termination of this lase shall constitute an affirmative covenant upon the Lessee's interest m the ripaim upland property moreparticularly described in Amassment D, which shall nm with the tide an the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's s cocssors in title or successors in interest 20. RENIO'YALOFSTRI)MMES,ADNMSTRAIWEFM, Ifthe Lesseedoesmtremovesaidsnvctures and equipment occupying and erected upon the leased premises after expiration o cancellation of this lease,such sinmunes and equipmera will he deemed forfeited in the Lessor,and the Lessor authorize removal and may may sell such forfeited swetmes and equipment after urn(10)days wrkhennotice by certified mail addressed to the Lessee at the address spedfied in Paragraph 12 or at such address on record as provided in the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available in the Lessor order applicable laws,rola and regulations including the right m compel removal of all strucumci and the right m Impose administrative lines. 21. REMOVAL CUSTS/11EN ON RWARIAN TUTLAND PROPERTY Subject in the noticing provisions of Paragraph 20 of this lease,arty cosy incurred by the Lessor in removal of my structures and equipment consmucted or maintained on stale lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lion upon the Lessee's intraest to the riparian upland prulmy that is more particularly described in Attachment D. This lien oh the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by paw. 22. RIPARIAN RIGHTSTNAL AOJIUIC lTION* in the e,em that any par of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the daze oft he adjudication, Failure to comply with Oils paragraph shall consume a material breach of this Iease agreement and shall be grounds for immediate termination of thus lease agreement at the option of the Lessor. 23. .kNJ NDbE &MQJ)&JCATJONS This lease is the mthe and only agreement between the parties. Its provisions are not severable. Any amendanmt or modification to this lease must be ion writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the odes and statutes in existence at the time of the execution of the modification or amendre m. Nawithstading the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boadifts within the leased premises without formal modification of the lease provided that (a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. IIMW Pogo 6 of 16 Snvereigvn Sutmerged La Le No.WQ02 6a 24. ADVERTISEb&NT'SIGNS/NON WAM DEPENDENT A-ClEITIE&ADDIFTONAI ACTIVITIES/NfINOR STRI ICTt tR A L REPAIRS' No permanent or lempurary,signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or Rowing structures, fences,docks,pilings or wry , structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional sriwt res and/or activities including dredging, relocation.'realigme to or major repairs or renovations to authorized structures.shall be erected a conducted on or over sovereignty,submerged lands without prior written contact,from the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to mina structural repairs required to maintain the authorized swcmres in a good state of repair in the interests of public heath, safety or welfare;provided,however,tow such activities shall not exceed the activities authorized by this lease. 25. USACE ALTMORIZATION Prim to crmmevicemet,of construction and/or activities authorized herein.the Lessee shat obtain the U.S.Army Corps of Engineers(USACE)permit if it is required by the USAGE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shag require consideration by and the prig written approval of the Lessor prim to the commencemem of construction and(or any activities can sovereign,submerged lands. 26.COMPLLANCE WITH FLORIDA A AW : On or in conjuration with the use of the leased premises,the Lessee shall w all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the temurulion of this lease by the Lessor. 27.t NEAAna__ARRC; The term"rveaboard"is defined as a vessel docked at line facility and inhabited by a person or persons for any five(5)consecutive days a a total of un(10)days within a thirty(30)day period If fiveaboards are authorized by paragraph one(1)of this lease,in no event shall such^rveabowd"stator exceed six(6)manths hvidin any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 2&GAMBLING VESSELS:C: Dmmg the term of this lease and any renewals,Mensions,modifications or assigomens taneof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling mdse ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in`cruises to nowhere,"where the ships leave and rehrn to the state ofFluida without an intervening stop within another state or foreign comity or waters within the jurisdiction of another store a foreign country,and any watercraft used to carry passengers in and from and gambling cruise ships. 29. FINANCIAL CAPABILITY:To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease,the Lessee certifies in the Lessor as follows:(i)the Lessee is not the subject of a pending bankruptcy proceeding that would prohibit the Lessee ficin paying its lease fees,an or before the due date,with or without,as applicable,approval from the bankruptcy cart or,if appointed,the bi nhuptcy trustee;(r)the Lessee has no =satisfied judgments,entered against it that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease;(iii)the Lessee has no deli querd state and local taxes for which it is responsible and that remain outstanding and nor in dispute;and(iv)to the best of the Lessee's knowledge,there are no other matters pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breach of this lease condition shall cons inne a default under this lease. 30, SP_FCLAI LEASE CONDI33MS): A. Unless authorized in writing by the Lessor,the Lessee shall not rebuild or restore the non-water dependent hrucames included in this lease if 50 percent or more of the arms encompassed by a structure,is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in Order to none the structure to a safely useable condition.In addition,the use of the non-water dependent structures included in this lease shall nes be convened to a new use except as authorized in writing by the Lessor. r Page S of 16 gm'er.gry Submerged Isnds[sou No.saoomsai H. During the term of this lease and all s,bsequem renewal terms.Lessee shall maintain permanent manatee v educational signs that provide information on the mannerisms ofmanalees and the potential threat to this endangered species from boat operation and shall be required to replace the signs in the event they become faded,damaged or outdated.Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures.The number,type,and procedure for installation of these sips shall be in accordance with the handout,"Manatee Educational Signs,"which can be obtained from the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Sneet—6A, Tallahassee,Florida 32399-I600(Phone 850/922-4330). C. The Lessee shall install and maintain,during the term of this lease and all subsequent renewal terns,reflective markers and lighted aids to navigation at all distant comers of the facility.The lighted aides are required to be on at night and during limited visibility conditions. ter/ Page 6 or 16 amurciayw Subme No.6lnamSW v IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES" g BOARD OF TRUSTEES OF THE INTERNAL J__ IlNPROVEh1E1VT TRUST FUND OF THE STATE OF FLORIDA Original 5,igJu9ryrt j d"I cu _ - . (SEAL) *. YP.14 f WCheryl C.. .Chief Burma ofPublic Land Administration. esDivision ofStare Lands,State ofFlorida Department of Environmental Ptoteetion,as agent for and on behalfofthe Board of rosteea ofthe Lnemal Improvement Trust Fund ofthe Stare ofFlorida f Witness "LESSOR" STATE OF FLORIDA COUNTY OF'LEON The foregoing instrument was acknowledged before me this a�-.-[�f,'�qF dayof7 f 205 by Chml C McCall Chief B f PublicLand Administration. Di Dv_ f Envy rn IPr ion em r an hlfofthe Hoard ees of rovementT Fundofthe tate ofFlon She is personally known to Inc. APPROVED SUBJECT TO PROPER EXECUTION: N Public, uncofFlorida UU \r DE�y ANaney rote' Primed,Typed or m My Commian.m "�=any%q MIN GRIFFIN Nota"" Pukk•plata b Flay §n Commlaabn I R P11J45 Commiaionr5eria '"•••"" Popeiof In Sw.reip,m'Submveed lands Lew 4a NgaJ23ii V ASKI Development LLC, WTFNFASES: a Flda limited liability com_ fSFAI Si II Orito igagure�mdmg Audw Ry j.VpedTY-inted;1� ( RihudKowalsk gicIJAOp Name fWimess Typed]'rinted Name ofExecudug Aldhxry Ager a Tule ofExecuting Autority L, 0 Typeffrmted Nameof Wimr {f, �yry80�ttp�py0 "LESSEE' --11 my rwr wr r Want. STATE OF FIO R.�Ga-� ; ��R 188878 o-.. rn6mw.2s88aO 20.2018 Cw4ry OF_pryl e e OWJ/nsrertsr Yr The foregomg msnument was a knmvledged beforeme dusk day of APrl L Richard Kowalski,who is 16e Mmager ofASKI Devekmmad LLC,a Fluida limited tiab�,oo behalf ofthe limited liability company. lie is personally known w me or has produced ,as i�ttiS My Cmwnms kw Expires: Signa of `+ 1'2AJ'ke NotaryPubHGShuof 0,Pk;da' T CommiSdnNSenal No. � 18s5�40 Noted, �Q� A4QxAul.DQ.o1/G- r. Pyr a or is So.aeyay SUM�ngcd Lam Lease No.6400025M EDGEWATER DDADRANGLE ELORMA-VGLU51A W. i 5 MNUTE SERIES(roP RAP,, low t N41.::' i^ 7 .� .t;•;j � ; �` tip � ��i�' r SLIGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS 1r 2 wr s, . ff a- H'h! • _ A .EASa _J .Z !4 C I I 'I I _ rm JEFF PETERSON AB6BEMi 0" oEsrn : (SM sw a ar e) SUBMERGED LAND LEASE FIELD SURVEY NOT A BOUNDARY SURVEY SHEET I OF 5 JOB #'06-1907 Y= 1DD' h,•IO of IR Smxigery]uLmyeJ Lv::b Lme M..MW'Fl:.W SLIGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS LINE TABLE LINEI LENGTH I BEARING LI 7.62 N36-S4 20-E LOT Lel 7.93 1N25'32'S2'v NGl)fh i — L3 54.05 NK4'S9'35'E L9 11-08 N25'32'52'V L51 1998. N6 P27108T — �_ Lfi 273 726'12'46"V — �' ' vaw ROAD f30 ��pi �1°ffitsTY) i nt.DrK s e�AnR� Rs7 u97� LOT t ean� �' ®srzTYS�I � M1p'1.'I9i qo 1u ` Y� trN.6R9Y N63b U4 Y,RR7'TSE 9S uY+ �glg7x�i - R M IIS9T5'SRS 450.rb T, r6l rya PONT<K PEGNNM Y _ µg8301 E SSr I'd_Ob FOG J F P=RSON ABBNENAMNS aESOR1101: (YE s[rr e Q N nm w SMIERGED LAND LEASE FIELD SUM"R1R NOT A BQMDARY SGPYEY � o SHEET 2 aF 5 JOB PM-1907 c•° 1�= 40 FlElO 9037 PAGE 4 .+°.Ypr e°ea.W u.®_em ra.wamcw �j0flh SAGER & ASSOCIATES,- INC 4 PROFESSIONAL LAND SURVEYORS EX lmo Y (,:g21b UYR _ ' ���+U�R1�MU�10 1 • ° �� nq MSY0�9 f X11 b1 r J � _ �e .+MOsi6l9 i�a= ° ax , uVl SUIl6XC0 YUY _ rtTy30F i 'WY Mlw E3r � SldNq �p i S INDIAN r� a�%7 p 1 . rin JEFF PBTBBSON ABBIENA710N5 xYnvme fss verr s 6 p Im m SUBAT A D MWO AY SUR FA910 98tKY N07 A BOUDARY 9AnEY SHEET } OF 5 JOB /06-1907 o- k'RLEHELI, BOOR PACE ern.uw P�tlaflb fow�i/M 4fw11�Y f�lla llRl@SY IM SLIGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS 1 1 - 1 � - r 1 i ru[ "PP PBT6RSON ABBRENATIWS asmrmc (e¢ su.e 6 e) � m SWOTA EO LAWNIVA /EASE EY SURI£Y NOT A BOIMDARY SURVEY .n - SHEET 4 OF 5 J00 E06-1907 °m SCALE 1-= Cr - L BC. , w�n lyel]°215 SvvnlTK 9�vfH�>�lr rvw 61?�@f.f SMGER & ASSOCIATES, INC. lfh SSMK w+o SURVEYORS axso N:siEss agrnrmsx xc xis % rs�i Nc..po.o aa, vm - SURVE'CR j NCTE5 - —1WV+rr4rs wr K wrs—a m rtry 9M 9no-sY4wPr.w w,w _ a�mav�vm�.roAm vun�rcrvrra rncn+rr Ar arac — v. Am— v1gmavrmwnarrwn nr wiwA4 ory-wa yr rta �.e�.q®�1Orv'rsm`aq�.o mn ra°�iev��i.+imz.sP rs+� ma a.r4d6L�m...,n mx....ra aw w.,E..aws rw AAAmows. w REFFgExLL iDT t, BLd% 4 RiKIKOLf AOVE$ Rat tttl A MAr rMm) .1 I HN .916ZLAr A$ARppi A ALYM Q MrT/W y LCRE➢M qAS d1T A PMSTSJ dy Rt.C'.gyg 6 MZ49¢4RY,RgLa f1CY¢Q.TAOk(4BICFlP WO 1FAG I.NIIj MJr19'6 PE SPFAVI 99EPm Cf6 6 D(S46 a RGrS lli g11M K MIAN 01G 6G'G A T}M/Df N 'gg1E1m PMr o<4LAN 2 R6BP QYYM R44F AfAfI. IQUy Lp/fry,Rm�//p plt YFL.11Qr Apym/T A A MIM/6(91.BRF A.9'.ERA2 ALPS 9611®.'AS SNNF G'IW MWI BJJi q IAE A6 K P9C.EGG3 5 ib au9.mwrt Elrc.or PMMAAc•�®.s rucag9 mp9roaAr rrc sslmar®m a.uo roT�.am s wAr xSFrbE,9sc sso swn/ar Ama.EEmmP¢Tm Arrr6 wl 6roe uran[Nrsr suras.LO 1pw Arrs 'XYf MOb'S.OIF .VG/MtA JL I�SRTIA6r.Z614)R[!' OCC OIMM ALOK L01(M IOI MIW IK MS1fYP1k A QaTA4 6 L}fRi.' RE6 0/IM.9G ALOIC Sr AFM Wl 6M UL MATYl1[I bSLVE 6 29r IRI A rK TrIF mars qgy nenrFr a xaA.s.vo.9Ec sr IrAr xw amr uF qF rwaMM IrclrlmJ DN mARS .m,YSN A 16ZPE ri zn HCT A a Ivrt a MNF sA Io.rMCNr aANF A x a9rE raL A oars E raQ an.A QN R4 AME a)9TIT Np A OJ9 FYEV/QISp'S1'E )ENE.IHIE pF yC 6 S.O M[A aSTMS2 61II411QT ➢LVZ I653(T£AgrES/IIU IRE 9ENZ MYfIYZ A A AaSTJ fG61Q/TIA AY3 Ol lS lqT. AENr KIJTYE A 06TNQ 6 fIA IR( 9C9F SY1V'yE' A MLA'Q Wa IIS/FFI.' R6ET W 31rZ A OSLMZ T Rn IR{ 9FAE A E A MrM¢a xn QFF, eG¢gwvbL A muM'6 Ru Rr( 1Mr¢rery]gy A mrp¢ 512Q/RT.' IIgTQ YII STd'r A6IA�E 61)JS IH[ IOQ M15b31[A RLaQ 59a lFF{' AC4 YQp9Y1E A OL'IMQ a l3 RtT. TEr¢SMAC a01F Irl N18R 1K r]]mY9E A m'IMQ O am JILS ACE Si3.AE A rTA'E 6lII iQ'E D6Q N}llfr A.6/9lM IRF, t/VE.�YY.AMIA Z a SANE{ 3Er¢Yr{9' 'L A O6F9E a 510/QT pl1Z.YEyy1'A 6TAQ E IW IRT,- pq2/F1Ta'E 116LNQ 5 E91/FEI.' qBQ Sa'MiOE A aSL51¢?IIIM f� pEYQ Sp}Itll'R A OSW£6 QI.]l RFI C 1K IM)a EOMC LA'IMwc li®¢WE I8T a B)O AOCi IEC a ItH ULAt PREPARED FM THE FDLLDMING_ (GYLY THE LPST DAIS IS CERTIFIED ON SEALED COPT M5 PLAT OF }tR'2Y M QRIFIED M AW PFEPAKD FM ME 50.E AND EYIII MWM K TK EWAl Ml0\OR N A`S L5TE0 $ M W YQSI CJRREN? AT. .0 $x NOT W gELjp IyON BY WY 011Cq EF19h M W WN Mla6D{LFR. MK fF SM4£r IIRI1 D F0 OA1 JA MWBER OFtSp] MM BMDIfYf 6 RAEIgEM.N Q>11LD M 6 N M1B r9Rp AAS MER A A DT HilpL NDI aRlf£0 R! /NY fxilr(5 AIC/LR gIpNWKS MER M.W MQiE HSIEO AMVe" JBPP PBTBRSOX M Pc ar $nNxx R�sEP.P r.. ENEEF 5 OF 5 VALIp MIH SIRiATURE d ENBOSSFD SEAL DNLY4a ortvw ia¢aa� sn 51L1E%i, taugp.iL4_� M A A Pa.utsa so,.Lyq z.r.9.a��Nx elooLmuA L2/ity'dtib U[:4d to s»,ps +5:A.O1 Prepared by and Return To: Linda Wilder Fidelity National Tae of Florida,Inc. 7208 W.Sand Lake Rd, Suite 304 Orlando.FL 32819 Order No.: 16150256 nww.ca ID(s)-`640237040010 - WARRANTY DEEC 7 THIS WARRANTY DEED dated December 9 2015,by Jeffrey L. Petersony±$g hereinafter called the grantor, to ASKI Deveopment, LLC, a Florida Limited Liability �whose post office address is 524 Greeley Street Orlando, FL 32804,hereinafter called the grantee' (Wherever used herein to tenni'grantor'and-grantee'include all tie partes to this insbunLeni and the heft, WWI representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH- That the grain or.for and in consideration of the sum of fen And NN100 Dollars ($10.00) and Mer valuable consideration,receipt whereof s hereby acknowledged, hereby grants, bar gains, sells, aliens, remits, releases.qand confirms undo the grantee, all the certain land situated in City of Edgewater,County a Vausia,a,State of Florida,to wit: Lot 1,Block 4,Riveredge Acres,xcardrg to the map or plat tKvmt,as recorded m Map Book 9, Page 260,of the Public Records of Volusla County, Florida. THIS IS NOT NOW NOR WAS R EVER BEEN THE HOMESTEAD PROPERTY OF GRANTOR. Subject to easnanen6,restrictions,reservations and limitations of record,if any. TOGETHER with all Ne tenements, hereditaments and appurtenances thereto belonging or in any,wise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever_ AND the grantor hereby covenants with said grantee that the grantor is lawfully seimd of said fend m fee simple;dust to grantor has good right and lawful audhonty to sell and com ey said land; Nat the grantor hereby fully warrams;the title to said land and w h defend the same against die Lawful Farms of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015. 0.nV�-IrW.ma ] Ft➢1121y 'U &itl: M2+13 Pa I FIiTfAnpLd3J25.1]9p16h61yPlSB Col 0.nec tls Pvac 15 Pf 16 Sover Wq Swaaged Lads Lrax W.6a000254a Jiar= V. .attt�: 'in§5:d Lr„�•3 cleric of WARRANTY DEED (continued) IN WITNESS WHEREOF,the uiMersigred have executed this document on me date(s)set forth below. Skyged.SS ted Delivered in presence of: � r J �^I W' qmMIVre &®n S.Polerson as A"oulgim Facx for Jeffrey L. rHtiiJ 1 L i-'Sly Petasan C PHMN'A, I Address: itrtess lure PAM Name She of County of - /-_ �Thne�f �9�!�9�vss nyvas xxnow�e]g�d before qie th¢ t of ! +X orM F-2`URA( -?Ye'�°FS'3 fH'f'�'N.�J.!}.?Y'/fM 8fe� fi n<r an to be tt e person(s)descrihad m or who fas'have prockicbd as identificabori and who exerted the foregoing insbument and he/sherd"acknMWdged that hehheAhey executed the same. W iln t Vlon eal in Cte Co my and State last aforesaid tMs day d 14 NO My mn egkLYC.MOLDg0a Xolary vwM.Slaed MrNa Lomas I ai L3 ( r R 90p.Nis`'+.::.✓ C. �Paer 4g] 19 BntCiM1ogrNema!Ha)Atn. O�tl lw++dev Aeh.a mrtv 1 ftntl3r.�/UpAle0'. 31.0 yea FLiTFMDC.@S51]8014teIS@5a AVue B Page L6416 Sovereigay Sukmereed Lads Leue?b.610U1L35" BUREAU OF PUBLIC LANDADMINMYRATION DELEGATION OF AUMORITY APDDN DEL[C.ATKINOF AIfI'KORTY NO, DSL-25:DSL-25 BOT FILE NO. 6a00025m ILMSX 23071 ACIIONTAKEN: Mad&aaam m an niaeng 5-Y li as rt acha,ge in uplmtl owneship. Lawn AiU Daaalapnmal LLC Smffias verifed(w,thS¢S—ar,o Staa'a ORScxan Januar,26.2016,0ai d Flvid3 limmuclIlabilm—vane is current and active avd Itm the)apprn iiaw mvi,h exmw r sma,imv.mmt. COUNM : Volusia I'Ri Paalam rot li 1 wtt,n an agwic peaerre:tMehrt Me app&av is 4in5 halal de M¢me pd 10,22.2015 ok kg CONSIDERATION: Ac.,is cone.[fa the 20I5a016 kaae The applica.[paid Na peau-eav�S @em owa+M6okkg Are We15kp Ca[iFmtim frim nvam? Y ikkff RalummAUDITm YmmNw Ifao,miktlfamahcl0won WA STAFFREMARKS'. Mmation repesem nlvelytshnical chngafiom the peojmlumiginalty a.ason'sall mtircrmuth:aumbaofslips;aMdacsamclvigr lheg dWeofNe si¢u ai®nllY appmvai .k 19.20011 A s3 ilt inapadiwascoMunm lac mq dK Lwx waz Ronda be® mmpgaarewnh rhe remand caNnima of au la. Spew kae c.ndums have b —pniatol imp Iraae addressing oAkc1.Noa-wa nde nlnn.. t X1aaaaaaa w _ C.Navigational aids RECOMMEND APPROVAL AND EXECUTION Insoumem R.Wlne 9Rncmaf/A/� Ni mi.) �y IWI, 1. Orighaax 2. Amnxrieed Miawm IPrlaryraval Alarp�aiaaD / v 1 3. LsgakfPr PPmvalprRrtoaagoutl I <. OMCM uang Amhmity 5. BUREAU CNIEFIEamvilg Amhnily 15.2.2016 i I y�J �1