PID #8402-00-00-0060 - DB Real Estate Assets I, LLC - 05-06-2014 - Release 8/23/2019 8/2312019 25058 PM Instrument#2019168066#1 Bock:7738 Page:2387
Prepared by and return to:
Aaron R. Wolfe,Esquire
City of Edgewater
Post Office Box 100
Edgewater, FL 32132
Tax Parcel Number: 8402-00-00-0060
RELEASE OF LIEN FOR DEVELOPMENT IMPACT FEES
THIS RELEASE OF LIEN FOR DEVELOPMENT IMPACT FEES is made this
_ day of Cita t4 , 2019, by the CITY OF EDGEWATER, a Florida municipal
corporation, having a`sits principal place of business and mailing address 104 North Riverside
Drive, Edgewater,Florida 32132(hereinafter referred to as the "City").
RECITALS
WHEREAS, DB Real Estate Assets I, LLC. (hereinafter referred to as "Developer's is
the lessee of certain real property situated in the City of Edgewater, Volusia County, Florida,
described as follows:
2-18-34 THAT PART OF N 112 LOT 3 LYING WEST OF US 1 & S OF INDIAN RIVER
BLVD EXC S 636.08 FT ON HWY &EXC N 200 FT OF E200 FT& EXC S 150.00 FT OF N
814.01 FT ON HWY OF E 200 FT& INC ALL OF BLK 1 FLORIDA SHORES UNIT 1 EXC
TRIANGLE FORNEW RIW PARCEL FOR SR 442 THAT MEAS 32 FT ON NIL & 32 FT
ONWlL OF LOT 40 & THAT PORTION OF VACATED ALAMANDA DR LYING EOF BLK
1 MEAS 624.20 FT ON BANYAN DR MB 23 PG 57 INC PER OR 5109 PG 3047 PER OR
6070 PG 3170
Said property is generally]mown as Parcel Number 8402-00-00-0060 and is referred to herein as
the `Property;" and
WHEREAS, in an effort to stimulate growth in the City of Edgewater and to enhance
economic development, the City Council adopted Ordinance 2012-0-03 providing for a partial
waiver of applicable sidewalk, fire/EMS, police and transportation/road impact fees for non-
residential development and non-residential redevelopment or expansion; and
WHEREAS, the City and Developer entered into an Agreement to Partially Waive
Certain Development Impact Fees dated May 5, 2014 (hereinafter referred to as the
"Agreement"); and
WHEREAS, the Agreement provides that the City will waive a portion of the impact fees
for sidewalks, flue/EMS, police, transportation/road and utilities payable by the Developer so
long as the Developer complies with all the terms of the Agreement, including the creation of
RELEASE OF LIEN FOR DEVELOPMENT IMPACT FEES
PACE 1 OF I
Instrument#2019168066#2 Book:7738 Page:2388 Laura E. Roth,Volusia County Clerk of Court
Full Time Equivalent jobs; and
WHEREAS, the Agreement requires the Developer to retain Full Time Equivalent jobs
continuously for at least a 12 month period; and
WHEREAS, the Developer has fully complied with the terms of the Agreement in that
Full Time Equivalent jobs have been retained continuously for at least a 12 month period at 1828
South Ridgewood Avenue, Edgewater, Florida 32141, and otherwise complied with the terms of
the Agreement;and
WHEREAS, the Agreement has been recorded at Book 6997, Pages 158-163 and Book
6986, Pages 559-563, of the Official Records of Volusia County, Florida, and constitutes a lien
on the Property(hereinafter referred to as the"Lien").
NOW, THEREFORE, in consideration of fonds paid and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged and accepted,the City
of Edgewater, Florida hereby terminates, releases and relinquishes the Lien on the Developer's
property recorded at Official Records Book 6997, Pages 158-163 and Book 6986, Pages 559-
563, and all of its right, tide and interest therein and arising therefrom. Upon recording of this
Release of Lien for Development Impact Fees all of the Developer's obligations under the
Agreement and Lien shall be deemed fully and completely satisfied and the Lien shall have no
further force or effect.
IN WITNESS WHEREOF, the undersigned have caused this Release of Lien for
Development Impact Fees to be executed on the date and year first above written.
Signed, sealed and delivered in our presence: CITY OF EDGE WATER, a Florida
municipal corporation,
By: �p.g, A �Q
Printed Name:� Hc- nF-VCA Glenn Irby,City Manager
J ATTEST:
It
Printed Name:
Robin Matusick, City Clerk/Pwalegal
RELEASE OF LIEN FOR DEVELOPMENT IMPACT FEES
PAGE20F2
f 05/08/2014 02:04 PN...
Instrumnt6 2014-0W150 S 1
Book : 6986
Page : 559
g 0 m RECORDING REQUESTED BY:
SN In City of Edgewater
3 " • WHEN RECORDED,RETURN TO:
YO) Robin Matusick Paralegal
3 p N City of Edgewater
Fg CO 0. 104 N.Riverside Drive
Edgewater,FL 32132
THIS AGREEMENT CONSTITUTES A LIEN ON THIS PROPERTY
AGREEMENT TO PARTIALLY WAIVE CERTAIN DEVELOPMENT IMPACT FEES
THIS AGREEMENT is between the City of Edgewater, a municipal corporation,
hereinafter referred to as "City" and DB Real Estate Assets 1, LLC, the lessee of the property
described herein,hereinafter referred to as"Developer.'
PREMISES
WHEREAS, Developer is the lessee of certain real property situated in the City of
Edgewater,Volusia County,Florida,described as follows:
2-18-34 THAT PART OF N V.LOT 3 LYING WEST OF US 1 &
S OF INDIAN RIVER BLVD EXC S 636.08 FT ON HWY &
EXC N 200 FT OF E2. p.
Said property is generally(mown as Parcel Number 8402-00AO-0060 and is referred to herein as
the"Property;'
WHEREAS, in an effort to stimulate growth in the City of Edgewater and to enhance
economic development, the City Council adopted Ordinance 2012-0-03 providing for a partial
waiver of applicable sidewalk, firelEMS, police and traosportationlroad impact fees for non-
residential development and ren-residential redevelopment or expansion;and
I
AGREEMENT FOR PARTIAL WAIVEROF CERTAIN DEVELOPMENT IMPAR FEES
PAGE I OF
i
J
r Intro ntd 2014-MI50 0 2
Book : 6986
page : 560
ti
0rj p) WHEREAS, Developer's plan for the Property qualifies as non-residential development,
�P11
`e' r redevelopment or expansion and Developer has applied for a partial waiver of impact fees under
Y a) the provisions of Ordinance 2012-0-03 due to the creation of Full Time Equivalent(FTE)jobs.
m d NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter act forth,the City and Developer agree as follows:
I. Developer declares it is familiar with the provisions of Ordinance 2012-0-03 and
the regulations which have been implemented by the City to effect the partial waiver of impact
fees.
2. The sidewalk, tire/EMS, police and transportation/mad impact fees due and
payable by the Developer for the development, redevelopment or expansion of the subject
Property shall be calculated at the time the first building permit is issued and shall be based on
the rates in effect at that time of permitting. The total amount of impact fees for sidewalks,
fire/EMS, police, transportation/roads and utilities total $14,034.09 and shall be payable as
follows:
A. $9,250.34 of the total of all above-referenced impact fees shall be paid by
the Developer in accordance with the timeframes established by the City for each referenced
impact fee. o., 1
B. The total amount of all above-referenced impact fees over $9,250.34, 11111
which amounts to $4,763.75, is waived so long as Developer complies with all the terms of this
Agreement.
3. The FTE jobs to be created by Developer are fully described in Exhibit "A"
attached hereto and are hereafter referred to as the"FTE Jobs."
AGREEMENT FOR PARTIAL WAIVER OF CERTAIN DEVELOPMENT IMPACT FEES
PAGE r OF
Instrument# 2014-ON150 1 3
Book : 6986
Page : 561
m
i o
700
Tp 4. Developer agrees to re'nnburse the waived impact fees if(A) construction is not
�mm
R' r commenced within 90 days of the effective date of the development orders/approvals, (B)
®Y construction is not completed within 12 months from the date of commencement of construction,
CC Cl
koro
m d or if(C) the FTE Jobs created we not continuously retained for a 12 month period. If the FTE
Jobs are not retained for a twelve month period, or if any other condition of this Agreement is
not met, then the waived impact fees shall become immediately due and payable to the City. In
the event only a portion of the FTE Jobs are not retained for the entire 12 month period,only that
portion of impact fee reduction associated with those FTE Jobs will be due and payable and the
Developer shall maintain the benefit of the reduction for those FTE Jobs which were
continuously retained for the 12 month period. The required timeframes may only be extended
by the City after approve[ by the City Council and execution of an amendment to this
Agreement.
5. This Agreement shall be recorded in the Public Records of Volusia County,
Florida as a Gen against Developer's interest in the Property in the amount of the waived impact
fees plus interest. The City will execute a release of lien after the 12 month period in which the
FTE Jobs have been continuously retained or, in the event the FTE Jobs, or a portion thereof,
have not been retained continuously for a 12 month period, upon Developer's payment of the
waived impact fees,or portion thereof applicable to the FTE Jobs not retained.
6. In the event the Property is sold or ownership is transferred or a receiver has been
appointed or there is a change of use at any time during the 12 month period, the City may
demand payment in full of the total amount of impact fees plus interest.
7. The Developer must apply for construction of the new development.
redevelopment or expansion within thirty (30)days of the date of the partial waiver.
AGREEMENT FOR PARTIAL WAIVER OF CERTAIN DEVELOPMENT IMPACT FEES
PAGE 3 OF
InstrIsent5 2014-080150 1 4
Book : 6986
Page : 562
r
m 8. Construction of the new development, redevelopment or expansion must start
<In 0
R CI ^ within ninety (90) days from the effective date of the issuance of any development
CW orderslapprovals and must be completed within twelve (12) months from the date of
SOC
Co(L commencement of construction.
9. All other impact fees and other fees not specifically waived by this Agreement
and associated with the new development,redevelopment or expansion described herein remain
due and payable as provided by law.
WHEREFORE, the parties have set their hands and seals on this5 day of
2014.
Signed and sealed in the presence of C)TY OF EDGEWATER
L
G!. 7 a
r..
. �. Att.�t.1 _ ,. _
DB ESTATE ASSETS I,LLC
ry \ O
Ll41kw fi,.w BY:
WitnesO Paul Carbone
Manager
Witness �
AGREEMENT FOR PARTIAL WAIVER OF CERTAIR DEVELOPMENT IMPACT FEES
PAGE 4OF5
- - ' InstruneRte 2D14 080150 e 5
Book: 6986
Page : 563
'^ Diane M. WMA
a Volosia Caalty, Clerk of Court
San base-1}s
ON STATE OF FLORIDA
m(0 COUNTY OF VQ619RA AG c ko v
The foregoing instrument was acknowledged before me this /5/ day of
00 d M8 y_� 2014 by-pd 1. CSA f b d/�G as Msm�er of DB Red Estate Assets _ _ i
J I
I, LLC, who is personally known to toe Or who produced as I
identification.
My commissiam expires: /5 6- x�
Nptfuy Public,State of Nm"41AAW
1'tay�0.ch�Se`�S
pan
LINaA 41aNtl8 '
Cemm ,.Mam�Rpa�S.'°dC3
��� 2016 W i
AGREEMENT FOR PARTIAL WAIVER OF CERTAIN DEVELOPMENT IMPACT FEES
PAGE 5OF5
L
r
CITY OF EDGEWATER
r d DEVELOPMENT SERVICES
Rt00 104 N. RIVERSIDE DRIVE
P.O. BOX I(to
IY . i� EDGEWATER, FL 32132
on n EDGEWATER 3868642400
.2
p m a^e FAX 386.424.2439
APPLICATION FOR REDUCTION OF IMPACT FEES
BASED ON THE CREATION OF FTE JOBS
Applicant Name Dunkin'Brands via Denham Engineering
Address 1812 South tinlgewuod Ave.,Edge aer,FL 32141
Legal Description oC Proposed Development Site
LEGAL DESCRIPTION. 2.1834 THAT PART OF N 12 LOT 3 LYING WESF OF 1. S t &S OP 1
NDIAN RIVER BLVD ERC S 636A8 F1 ON HWY &f_\C N200 Fit OF E2
Business Classification:Tvpe of Business
Retail. 10,000-99,11011 SF
'Number gfAnticipated HE jobs created 3
'— Bnan DR.ham, P.E..Presidaw. Denham Engineering. LLC
Signaturwof applicant
•FTE created jobs receiving the impact fee reduction must be continuously retained for a 12
month period atter construction is completed. the City will record a lien against the real
property that the project is associated with equal to the sum total of the impact fees that had
received the reduction based on the number of jobs created. If the FTF jobs created arc not
retained for a rwnhc month period or any other condition related to the reduction is not
met, then the appropriately adjusted reduced impact fee shall become immediately due and
payable dating back to the dale the adjusted lees would have been assessed. Once the
adjusted impact fees are satisfied, the City will release the liens associated with the reduced
portion of the impact fees.
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Haley Walker
From: Pat Drosten
Sent: Thursday,August 8,2019 1:20 PM
To: Haley Walker
Cc: Kelsey Arcieri
Subject: FW: 1828 S Ridgewood Ave -8402-00-00-0060 release of liens
Attachment= 1828 S Ridgewood Ave -8402-00-00-0060 release of liens.pdf
In response to your email this morning, I am forwarding the email that was sent regarding those liens. The original
documents were placed in the CC inbox on 5/28.
Thanks,
Pat
From: Pat Drosten
Sent: Tuesday, May 28, 2019 12:45 PM
To: Robin Matusick; Kelsey Aral
Cc: Bridgette King
Subject: 1828 S Ridgewood Ave -8402-00-00-0060 release of liens
My research has shown that the attached liens should be released. The terms and conditions of the Development
Impact Fee reductions have been met and the BTR/CU liens were recorded after the cases were brought into compliance
and fines paid.
Pat Drosten
Purchasing Specialist
PO Box 100
City of Edgewater, FL 32132
386.424.2400 ext 1306
fax 386.424.2409
Please Note: Florida has a very broad public records law. As a result, any written communication created or received by
City of Edgewater officials and employees will be made available to the public and media, upon request, unless otherwise
exempt. Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in
writing.
The views expressed in this message may not necessarily reflect those of the City of Edgewater. Thank you.
"The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential,
proprietary, and/or privileged material.Any review, retransmission, dissemination or other use of, or taking of any action in
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