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09-27-2021 - SpecialCity Council - Special Meeting City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Mike Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Megan O'Keefe, District 3 Jonah Powers, District 4 Council Chambers6:00 PMMonday, September 27, 2021 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. Material Removal License Agreement with Florida Inland Navigation District (FIND) for Dirt for Jobs Incentive Program in ParkTowne Industrial Center a. MATERIAL REMOVAL AGREEMENT DMMA V-26 FIND and Edgewater V-26 Legal Description Attachments: Extreme Concrete / JODH Agreement for Florida Inland Navigation District (F.I.N.D.) Dredge Material for the "Dirt for Jobs" Incentive b. 2021 Aug 27 ParkTowne Dredge Material Owner Agreement Dirt for Jobs Incentive -Balduf Extreme ConcreteAttachments: Terra-Scape Enterprises, Inc. Agreement for Florida Inland Navigation District (F.I.N.D) Dredge Material for the "Dirt for Jobs" Incentive c. 2021 August Terra-Scape Agreement Dirt for JobsAttachments: 3. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Resolution 2021-R-26 Final Edgewater Operating Millage Rate for Fiscal Year 2021-2022 a. 2021-R-26 Final Millage - Operating FY22Attachments: Page 1 City of Edgewater Printed on 9/22/2021 September 27, 2021City Council - Special Meeting Meeting Agenda Resolution 2021-R-27 Final Edgewater I & S 2005 Voted Debt Service Millage Rate for the Animal Shelter for Fiscal Year 2021-2022 b. 2021-R-27 Final Millage - Animal Shelter FY22Attachments: Resolution 2021-R-28 Final Edgewater I & S 2016 Voted Debt Service Millage Rate for the GO for Parks for Fiscal Year 2021-2022 c. 2021-R-28 Final Millage - GO For Parks FY22Attachments: Resolution 2021-R-29 Final Budget providing for appropriations for Fiscal Year 2021-2022 d. 2021-R-29 Final Original Operating Budget FY22 Exibit A PROPOSED SUMMARY OF FUNDS FY22 Attachments: 2nd Reading - Ordinance No. 2021-O-40 - Dissolving the Deering Park Community Development District e. 2021-O-40 dissolve cdd DOCS-#642905-v1-Resolution_2021-04_Confirming_Approval_and_Intent_to_Merger_with_ISD_-_Deering_Park_Center_CDD Deering Park Stewardship District Boundary (1) Attachments: 4. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Brown, CMC, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 2 City of Edgewater Printed on 9/22/2021 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5701,Version:2 COUNCIL AGENDA ITEM SUBJECT: Material Removal License Agreement with Florida Inland Navigation District (FIND)for Dirt for Jobs Incentive Program in ParkTowne Industrial Center DEPARTMENT: City Manager SUMMARY: In January 2010,the City Council entered into an agreement with the Florida Inland Navigation District (F.I.N.D.)to create a “Dirt for Jobs”Incentive Program as per Resolution 2010-R-07.The Resolution established procedures by which owners of property within the ParkTowne Industrial Center could use dredge material in the construction of public roadway and /or lot development within ParkTowne Industrial Park based on the number of full time jobs created at the completion of the project. The original agreement has expired. This new agreement provides for the same “Dirt for Jobs” Incentive Program with a few changes: a.F.I.N.D. will limit the amount of spoil material not to exceed 49,000 cubic yards of material; b.City will pay F.I.N.D.an administrative removal fee in the amount of $0.20 per cubic yards of material removed; c.The removal contractor shall indemnify the City and F.I.N.D. Currently,the City has two property owners in ParkTowne Industrial Center wishing to participate in this program.The cost to the City is minimal compared to the property tax value created by businesses moving into the industrial park. This Agreement is essential to provide the “Dirt for Jobs”Economic Development Incentive to develop ParkTowne Industrial Center. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the Material Removal License Agreement with Florida Inland Navigation District and to authorize the Mayor to execute the agreement. City of Edgewater Printed on 9/21/2021Page 1 of 1 powered by Legistar™ MATERIAL REMOVAL LICENSE AGREEMENT THIS MATERIAL REMOVAL LICENSE AGREEMENT (“Agreement”) dated as of this __27th___ day of __September__________, 2021 by and between FLORIDA INLAND NAVIGATION DISTRICT, an independent special taxing district of the State of Florida, hereinafter referred to as “DISTRICT,” and CITY OF EDGEWATER, FLORIDA a Florida municipal corporation, hereinafter referred to as “CITY.” RECITALS A. DISTRICT is the owner of a parcel of land located in Volusia County, Florida and known as “Dredge Material Management Area V-26,” as more particularly described in Exhibit “A” attached hereto and made a part hereof by reference (“DMMA V-26” or “Premises”). B. CITY is a Florida municipal corporation. C. CITY desires to obtain fill material from time to time from DMMA V-26 for public road construction and lot filling within the ParkTowne Industrial Park in connection with a City job creation incentive program sometimes referred to as “Dirt for Jobs “(the “Program”). D. DISTRICT has determined that it will benefit the DISTRICT to allow the CITY to remove spoil material from the Premises, as this will help create additional capacity for future dredging events in connection with the maintenance and improvement of the Intracoastal Waterway. E. DISTRICT willingly allows the CITY to remove spoil material for use in the Program, upon the terms and conditions of this Agreement. WITNESSESTH Therefore, in consideration of the terms below, the sufficiency of which is mutually acknowledged, DISTRICT and CITY agree that: 1. INCORPORATION OF RECITALS The foregoing recitals are true, correct and incorporated herein by reference. 2. LICENSE TO REMOVE SPOIL MATERIAL 3. DISTRICT hereby grants to the City a non-exclusive license to remove up to but not to exceed 49,000 cubic yards of spoil material from DMMA V-26 solely for use in the Project, subject to the terms and conditions of this Agreement (the “License”). This License is on a first-come, first-served basis. The DISTRICT may grant other parties or entities similar non-exclusive licenses. If any licensee is exercising its license to remove spoil material from DMMA V-26, CITY must wait until the completion of said other licensee’s removal project before exercising this License, unless otherwise agreed to by DISTRICT in writing. The License will expire on December 31, 202___ unless a further extension is approved by MATERIAL REMOVAL LICENSE AGREEMENT the DISTRICT. Prior to the removal of any spoil material from the Premises, the CITY shall submit a detailed material removal plan (“Plan” – as Attachment B”) to the DISTRICT for approval by the DISTRICT’s Engineer. The Plan shall insure, among other things, that the integrity of the dikes, weirs, storm water management system, monitoring wells, fences, gates, roadways and other facilities are not compromised. The CITY and its contractors shall comply with the Plan at all times. The Plan shall include an estimated minimum and maximum quantity (not to exceed 49,000 cubic yards) of spoil material to be removed. 4. PAYMENTS: a) CITY shall pay DISTRICT an administrative removal fee in the amount of $0.20 per cubic yard of material removed. The CITY acknowledges that any removed material shall only by utilized for the Program. Upon completion of the project, the CITY shall deliver to the DISTRICT a certified tally sheet of the volume of spoil material removed from the Premises in order to calculate this applicable fee. b) CITY shall make any and all payments due hereunder to DISTRICT at that address set forth as follows unless otherwise notified by DISTRICT in writing: FLORIDA INLAND NAVIGATION DISTRICT ATTN: EXECUTIVE DIRECTOR 1314 MARCINSKI ROAD JUPITER, FL 33477-9427 c) CITY shall pay such fees and other charges without demand and without setoff as required to be paid by CITY under this Agreement. If such fees or charges are not paid at the time provided in this Agreement, they shall bear interest from the due date thereof to the date of payment at the rate of eighteen percent (18%) per annum or such lesser rate as shall be the maximum permitted by law. 5. USE OF PREMISES/CONDUCT OF BUSINESS: a) CITY and its authorized contractor shall occupy and use the Premises solely for the removal of spoil material for use in the Program (hereinafter the "Permitted Use"). CITY shall not use the Premises or construct other improvements thereupon except as specifically provided above without DISTRICT’s prior written consent. b) CITY and its authorized contractor shall, at CITY's expense, comply with all laws, ordinances and regulations of the United States, State of Florida and the County of Volusia, including, without limitation, all applicable permits and conditions thereof, pertaining to the use and occupancy of the Premises, and shall not make any use of the MATERIAL REMOVAL LICENSE AGREEMENT Premises which shall unreasonably disturb DISTRICT's neighbors or otherwise become a nuisance. 6. CITY 'S FIXTURES AND ALTERATIONS: a) CITY agrees that it will not make any alterations (whether structural or otherwise), improvements or additions to the Premises, without first obtaining the written consent of DISTRICT. At the DISTRICT’s option, all alterations, improvements and additions made by CITY and all chattels affixed by CITY to the Premises shall remain upon the premises at the expiration or earlier termination of this Agreement, and shall become the property of DISTRICT, except as otherwise provided herein. b) In addition to the above, CITY shall also procure from the appropriate governmental agencies all necessary permits and authorizations before proceeding with any alteration, repair or improvement, and shall at all times comply with such permits and all conditions thereof, all at CITY's expense. 7. ASSIGNMENT: a) CITY shall not voluntarily, involuntarily, or by operation of law, assign, transfer, mortgage or otherwise encumber (herein collectively referred to as an "assignment") this Agreement or any interest of CITY herein, in whole or in part, nor permit the Premises or any part thereof to be used or occupied by others, without the prior written consent of DISTRICT in each and every instance, which may be unreasonably and arbitrarily withheld. The consent of DISTRICT to any assignment shall not constitute a waiver of the necessity for such consent to any subsequent assignment. If this Agreement or any interest of CITY herein be assigned or if the whole or any part of the Premises be used or occupied by others after having obtained DISTRICT's prior written consent thereto, CITY shall nevertheless remain fully liable for the full performance of all obligations under this Agreement to be performed by CITY and CITY shall not be released therefrom in any manner. b) Should CITY, in violation of the provisions of this Paragraph, assign this Agreement, or allow the Premises to be used or occupied by others without obtaining DISTRICT's prior written consent, then such assignment or occupancy shall be null and void and of no force and effect. Such act on the part of CITY shall be deemed a default of CITY entitling DISTRICT to exercise any of the rights and remedies therefor as set forth in Paragraph 13 hereof. 8. LIENS MATERIAL REMOVAL LICENSE AGREEMENT a) Mechanics' or Materialmen's Liens: CITY shall not cause any liens of mechanics, laborers or materialmen to stand against the Premises for any labor or material furnished or claimed to have been furnished to CITY in connection with any work of any character performed or claimed to have been performed on the Premises, by or at the direction of CITY. b) If the Premises or any part thereof or CITY's interest therein becomes subject to any suppliers, vendors, mechanics, laborers, materialmen's or other lien, encumbrance or charge (collectively hereinafter called a "lien"), other than a lien caused by the actions of the DISTRICT, CITY shall promptly notify DISTRICT of the filing or the threatened filing of any such lien, shall promptly cause the lien to be satisfied or transferred to other security. c) DISTRICT's Liability. for CITY’s Liens: It is hereby agreed by the parties hereto that DISTRICT will not be liable for any labor, services or materials furnished or to be furnished to CITY or to anyone holding the Premises, or any part thereof, through or under CITY, and that no liens for any labor or material shall attach to or affect the interest of DISTRICT in and to the Premises. All contracts for construction or repair shall contain the above cautionary language and shall require all subcontractors, materialmen and laborers to be so advised. Failure of CITY to so notify and advise such contractor(s) in writing prior to the commencement of any work to be performed shall constitute a default hereunder and entitle DISTRICT to those rights and remedies set forth in Paragraph 17 hereof. 9. LIABILITY OF DISTRICT/WAIVER/INDEMNIFICATION: a) As a consideration for the making of this Agreement and in light of the fact that CITY has had the opportunity to make such inspections and tests as CITY, in CITYs' judgment, has deemed necessary, CITY accepts the Premises in its "As-Is Condition" and DISTRICT shall not be liable for any condition, latent or patent, existing in, on or under the Premises, nor for injury or damage which may be sustained to person or property of CITY or any other person caused by or resulting from water, rain, groundwater, soil, sand, silt or any other material which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction or other defect of the dikes, pipes, weirs, or other fixtures, from noise, vibration, smoke or odors emanating from the Premises, or from any other source or cause whatsoever, whether the same damage or injury shall be caused by or be due to the negligence of DISTRICT, nor the interference with light or incorporeal hereditaments, specifically excluding from such indemnification such damage or injury which results from the negligence of DISTRICT, nor shall DISTRICT be liable for any defect in the Premises, latent or otherwise, except as provided by law. b) CITY , to the extent permitted under Section 768.28, Florida Statutes, shall indemnify, defend and save DISTRICT harmless from and against any and all claims, actions, MATERIAL REMOVAL LICENSE AGREEMENT damages, liability and expense (including disbursements) in connection with the loss of life, personal injury, damage to property or business, natural resource damage, fines and penalties arising from, related to, or in connection with the occupancy or use by CITY of the Premises or occasioned wholly or in part by any act or omission of CITY, its contractors, subcontractors, subcontractors, licensees, or concessionaires, or its or their respective agents, servants or employees, provided that such indemnification shall not apply to the extent caused by the negligence of the DISTRICT c) CITY shall include in any construction contract for work upon or involving the Premises that the contractor shall indemnify and hold harmless the CITY and DISTRICT , their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of the construction contract. d) CITY shall be responsible for the payment of any fines or administrative penalties assessed and any remedial or mitigation actions required due to or arising out of any violation or alleged violation by CITY or CITY 's employees, agents or contractors of laws, ordinances and regulations of the United States, State of Florida, and the County of Volusia, including, without limitation, all applicable permits and conditions thereof, pertaining to the use and occupancy of the Premises. e) The provisions of this Section 8 shall survive the termination of this Agreement. 10. INSURANCE a) CITY will keep in force, with companies and in a form acceptable to DISTRICT, at CITY 's expense, during the term of this Agreement and any extension or renewal thereof, during the term of the License, and during such other time as CITY occupies the Premises or any part thereof, commercial general liability insurance with respect to the Premises with a minimum One Million Dollars ($1,000,000.00) combined single limit coverage of bodily injury, property damage or combination thereof. b) CITY will further deposit a certificate (s) of insurance for all policies of insurance required by the provisions of this Paragraph 9 together with satisfactory evidence of the payment of the required premium or premiums therefor with DISTRICT at or prior to the commencement date and before first utilizing the Premises, and upon renewals of such policies not less than fifteen (15) days prior to the expiration of the term of such coverage. At DISTRICT 's option, CITY shall deliver copies of insurance policies and all endorsements thereto, together with a certificate that such copies are true and complete. c) All policies of insurance required to be carried by CITY by Paragraph 1 1 (a) hereof shall provide that the policy shall not be subject to cancellation, termination or change except after thirty (30) days prior written notice to DISTRICT and shall name MATERIAL REMOVAL LICENSE AGREEMENT DISTRICT as an Additional Insured. d) All such policies required hereunder shall be obtained from companies licensed, organized and authorized to do business in the State of Florida. e) The CITY's insurance shall be primary insurance as respects the DISTRICT, its Commissioners, officers, employees and agents, and any insurance or self-insurance maintained by the DISTRICT , its Commissioners, officers, employees and agents shall be excess of the CITY's insurance and shall not contribute to it. f) The policies shall contain a waiver of subrogation against the DISTRICT, its Commissioners, officers, employees and agents for any claims arising out of the work of the CITY. g) The policy may provide coverage which contains deductible or self-insured retentions of not more than $50,000.00 as to CITY and no deductible or self-insured retention as to any additional insured without prior approval of the DISTRICT. The CITY shall be solely responsible for deductible and/or self-insured retention. h) Liability insurance carriers must have a Best's "Financial Strength Rating" of at least "A- " and a "Financial Size Category" of a minimum of "VII" and must be admitted in the State of Florida. i) If used to satisfy the minimum coverage, Umbrella Liability or Excess Liability insurance must be maintained with coverage at least as broad as the underlying policies. This insurance shall be in addition to and in excess of any other insurance coverages required hereunder. The applicable policies of insurance shall indicate which policies the Umbrella Liability or Excess Liability includes as underlying and a deductible or self- insured retention of not more than $50,000.00 as to CITY (unless approved in writing by the DISTRICT ) and no deductible or self-insured retention as to any additional insured. j) CITY may substitute a general liability policy issued to CITY's contractor provided that such policy names both CITY and DISTRICT as "additional insureds" and otherwise meets the requirements of this Section 9. 11. REPAIRS AND MAINTENANCE OF PREMISES a) CITY shall at all times while it is exercising this License at its sole cost and expense keep and maintain the Premises in good order, condition and repair and shall not commit or suffer any waste on the Premises. b) CITY will repair promptly at its own expense any damage to the Premises caused by bringing into the Premises any property or equipment for CITY's use, or by the MATERIAL REMOVAL LICENSE AGREEMENT installation or removal of such property or equipment, regardless of fault or by whom such damage shall be caused. c) CITY, at CITY's sole cost, shall completely remove all materials and equipment used in connection with this License from the Premises and properly dispose or reuse the same by the end of any spoil removal project. d) In the event CITY defaults in the performance of any of its obligations under this Paragraph 10, DISTRICT, in addition to DISTRICT 's other remedies under this Agreement, at law or in equity, may, but shall not be obligated to, cure such default on behalf of CITY and CITY shall reimburse DISTRICT upon demand for any sums paid or costs incurred curing such default. e) The provisions of this Paragraph 10 shall survive the termination of this Agreement. 12. EVENTS OF DEFAULT The following shall constitute Events of Default: a) If CITY defaults in the payment of any sum of money due hereunder and such default shall continue for three (3) days after the date of notice from DISTRICT to CITY. b) If CITY defaults in fulfilling any of the other covenants of this Agreement on CITY's part to be performed hereunder and such default shall continue for the period of fifteen (15) days after notice from DISTRICT to CITY specifying the nature of said default, or, if the default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within said fifteen (15) day period, if CITY shall not in good faith have commenced the curing or remedying of such default within such fifteen (15) day period and shall not thereafter diligently proceed therewith to completion. 13. REMEDIES IN EVENT OF DEFAULT In the event of a default hereunder and such default shall continue after the giving of written notice thereof to CITY, DISTRICT shall have all remedies available at law or in equity. 14. ATTORNEYS' FEES In the event this Agreement shall be the subject of litigation between the parties hereto for any reason whatsoever, the prevailing party in such litigation shall recover from the other party the costs of such action, including, but not limited to, reasonable attorneys' fees incurred in any and all mediation, arbitration, trial, appellate, post-judgment, bankruptcy and administrative proceedings. 15. Notices MATERIAL REMOVAL LICENSE AGREEMENT Each notice, correspondence, document or other communication (collectively, "Notice") required or permitted to be given hereunder shall be in writing and shall be delivered either by personal delivery (including delivery by services such as Federal Express) or by depositing it with the United States Postal Service or any official successor thereto, certified mail, return receipt requested, with adequate postage prepaid, addressed to the appropriate party as follows: If to DISTRICT: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attention: Executive Director With a copy to: Peter L. Breton, Esq. The Law Office of Peter L. Breton, PLLC 2427 Ashbury Circle Cape Coral, FL 33991 Except as provided herein to the contrary, Notice shall be deemed delivered at the time of personal delivery, or, if mailed, on the third mail delivery day after the day of mailing as provided above, and the time period in which a response to any Notice must be given or any action taken with respect thereto shall commence to run from the date it is personally delivered or, if mailed, the date of receipt so deemed. In addition, the inability of the United States Postal Service to deliver because of a change of address of the party of which no Notice was given to the other party shall be deemed to be the receipt of the Notice sent. Changes of address and persons to whom Notice shall be addressed shall be made by Notice hereunder. 16. MISCELLANEOUS a) CITY will inspect the Premises prior to any removal project and by proceeding shall be deemed to accept the Premises in its then-existing "As-Is" condition. b) The failure of DISTRICT or CITY to take any action against the other for violation of any of the terms of the Agreement shall not prevent a subsequent act of a similar nature from being a violation of the Agreement. c) No act or agreement to accept surrender of the Premises from CITY shall be valid unless in writing signed by the parties hereto. If to CITY: City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Attention: City Manager MATERIAL REMOVAL LICENSE AGREEMENT d) This Agreement fully and completely expresses all agreements and understandings of the parties hereto. Furthermore, this Agreement shall be binding upon and shall inure to the benefit of the respective heirs, successors, assigns and legal representatives of the parties hereto and shall not be changed or terminated unless in writing and signed by the parties hereto. e) THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER PERTAINING TO ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR CITY'S USE AND OCCUPANCY OF THE PREMISES. f) CITY hereby acknowledges CITY's responsibility to insure CITY's property maintained within or upon the said Premises at CITY's expense. g) CITY shall not change or install additional locks on any gates without DISTRICT's express written consent. In the event CITY changes or installs additional locks, CITY shall provide DISTRICT with duplicate keys therefor at CITY's expense. h) If any term or condition of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of the terms and conditions of this Agreement shall not be affected thereby, and this Agreement shall be valid and enforceable to the fullest extent permitted by law. i) This Agreement shall not be recorded in the Office of the Clerk of any Circuit Court in the State of Florida, except that DISTRICT may file a memorandum of this Agreement. j) This Agreement shall be construed under the laws of the State of Florida. k) The Section headings of this Agreement are for convenience only and are not to be considered in construing the same. l) This Agreement may be executed in counterparts, all of which taken together shall be deemed an original, with a facsimile and/or an e-mail signature serving as an original thereof. m) Each party represents and warrants to the other that: (a) it is duly authorized and competent to execute this Agreement; (b) it has all necessary power and authority to enter into this Agreement and to perform the agreements contained in this Agreement; and (c) the person signing this Agreement on behalf of such party is authorized to execute and deliver this Agreement on behalf of such party. n) The parties participated in the drafting of this Agreement and/or had it reviewed by MATERIAL REMOVAL LICENSE AGREEMENT competent counsel. Accordingly, no presumption shall be given in favor of: or against, any party in interpreting this Agreement and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals on the year and date aforesaid. AS TO LANDLORD: APPROVED TO FORM AND FLORIDA INLAND NAVIGATION DISTRICT LEGAL SUFFICIENCY: ______________________________ _________________________________ Mark Crosley, Executive Director Peter L. Breton, Esq., General Counsel DATED: __________________ DATED: _________________ ATTEST: AS TO CITY: BONNIE BROWN CITY OF EDGEWATER, a Florida Municipal CITY CLERK Corporation BY: ______________________________ BY: ______________________________ CITY CLERK Mike Thomas, Mayor DATED: ___________________ APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: BY: _____________________________ BY: _______________________________ CITY ATTORNEY DATED: _________________ DATED: ______________________ MATERIAL REMOVAL LICENSE AGREEMENT EXHIBIT A LEGAL DESCRIPTION OF DMMA V-26 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5634,Version:2 COUNCIL AGENDA ITEM SUBJECT: Extreme Concrete /JODH Agreement for Florida Inland Navigation District (F.I.N.D.)Dredge Material for the "Dirt for Jobs" Incentive DEPARTMENT: Economic Development SUMMARY: The City has entered into an agreement with the Florida Inland Navigation District for dredge materials to be used as an incentive for businesses to locate to ParkTowne Industrial Park.In accordance with Resolution 2010 -R-07,the City has established procedures by which owners of property within the ParkTowne Industrial Park may use dredge materials in the construction of public roadway and/or lot development within the ParkTowne Industrial Park based on the number of full time equivalent (FTE)jobs created at the completion of the project. The incentive allows for 750 cubic yards of fill material for each new FTE created by the addition of the business. Ronald Balduf owner of Extreme Concrete /JODH,Inc has purchased property in ParkTowne Industrial Center to expand his business holdings in Florida.With this expansion he will create an additional (10)ten new full time jobs in Edgewater.With this agreement,the owner will be permitted to excavate no greater than 7,500 cubic yards of dredge material with an estimated value at $1.25 per cubic yard.The owner is responsible for the excavation and hauling of the dredge materials and agrees to submit and Excavation and Removal Plan,to be approved by the City prior to the removal and hauling of the dredge materials. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve and authorize the Mayor to execute the Agreement City of Edgewater Printed on 9/21/2021Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5612,Version:2 COUNCIL AGENDA ITEM SUBJECT: Terra-Scape Enterprises,Inc.Agreement for Florida Inland Navigation District (F.I.N.D)Dredge Material for the "Dirt for Jobs" Incentive DEPARTMENT: Economic Development SUMMARY: The City has entered into an agreement with the Florida Inland Navigation District for dredge materials to be used as an incentive for businesses to locate to ParkTowne Industrial Park.In accordance with Resolution 2010 -R-07,the City has established procedures by which owners of property within the ParkTowne Industrial Park may use dredge materials in the construction of public roadway and/or lot development within the ParkTowne Industrial Park based on the number of full time equivalent (FTE)jobs created at the completion of the project. The incentive allows for 750 cubic yards of fill material for each new FTE created by the addition of the business. George Kennedy owner of Terra-Scape Enterprises,Inc has purchased property in ParkTowne Industrial Center to expand his business holdings in Florida.With this expansion he will create an additional (4)four new full time jobs in Edgewater.With this agreement,the owner will be permitted to excavate no greater than 3,000 cubic yards of dredge material with an estimated value at $1.25 per cubic yard.The owner is responsible for the excavation and hauling of the dredge materials and agrees to submit and Excavation and Removal Plan,to be approved by the City prior to the removal and hauling of the dredge materials. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve and authorize the Mayor to execute the Agreement. City of Edgewater Printed on 9/21/2021Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-R-26,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2021-R-26 Final Edgewater Operating Millage Rate for Fiscal Year 2021-2022 DEPARTMENT: Finance SUMMARY: Per Florida Statutes,including Chapter 200.065 (2)e 1.Provides that the City Council shall adopt a Final Operating Millage rate prior to the Final Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2021-R-26 the Final Edgewater Operating Millage Rate of $6.70 for Fiscal Year 2021-2022. City of Edgewater Printed on 9/14/2021Page 1 of 1 powered by Legistar™ 1 Resolution #2021-R-26 RESOLUTION 2021-R-26 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL OPERATING MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2021-2022; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $1,262,255,989 and has certified a rolled-back rate of $6.2465 per $1,000 of taxable value for the City of Edgewater; and WHEREAS, October 1, 2021 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 13, 2021 a public hearing was held on the tentative millage rate of $6.70 mills for fiscal year 2021-2022 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 27, 2021, a public hearing was held on the final millage rate for fiscal year 2021-2022 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $6.70 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for operational purposes. Section 2: The fiscal year 2021-2022 operating millage rate is $6.70 mills, which is greater than the rolled back rate of 6.2465 mills by 7.26%. Section 3. This Resolution shall become effective immediately upon passage and adoption. Resolution #2021-R-26 After Motion for approval by ________________________________________ and Second by _____________________________________________, the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas _____ Councilwoman Christine Power _____ Councilwoman Gigi Bennington _____ Councilman Megan O’Keefe _____ Councilman Jonah Powers _____ PASSED, APPROVED AND ADOPTED this 27th day of September, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Brown, CMC Mike Thomas City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of September, 2021 under Agenda Item No. 8____. 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-R-27,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2021-R-27 Final Edgewater I &S 2005 Voted Debt Service Millage Rate for the Animal Shelter for Fiscal Year 2021-2022 DEPARTMENT: Finance SUMMARY: Per Florida Statutes,including Chapter 200.065 (2)e 1.Provides that the City Council shall adopt a Final Voted Debt Service Millage rate for the Animal Shelter prior to the Final Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2021-R-27 the Final Edgewater I &S 2005 Voted Debt Service Millage Rate of $0.0301 for the Animal Shelter for Fiscal Year 2021-2022. City of Edgewater Printed on 9/14/2021Page 1 of 1 powered by Legistar™ 1 Resolution #2021-R-27 RESOLUTION 2021-R-27 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL VOTED DEBT SERVICE MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2021-2022; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $1,266,920,168; and WHEREAS, October 1, 2021 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 13, 2021 a public hearing was held on the tentative voted debt service millage rate of $0.0301 mills for fiscal year 2021-2022 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 27, 2021, a public hearing was held on the final voted debt service millage rate for fiscal year 2021-2022 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $0.0301 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for Voted Debt Service. Section 2: The Voted Debt Service levy of $0.0301 mills based on the sale of the Limited General Obligation Note Payable in 2005. Section 3. This Resolution shall become effective immediately upon passage and adoption. 2 Resolution #2021-R-27 After Motion for approval by ______________________________________ and Second by _________________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas _____ Councilwoman Christine Power _____ Councilwoman Gigi Bennington _____ Councilman Megan O’Keefe _____ Councilman Jonah Powers _____ PASSED, APPROVED AND ADOPTED this 27th day of September, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Brown, CMC Mike Thomas City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of September, 2021 under Agenda Item No. 8______. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-R-28,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2021-R-28 Final Edgewater I &S 2016 Voted Debt Service Millage Rate for the GO for Parks for Fiscal Year 2021-2022 DEPARTMENT: Finance SUMMARY: Per Florida Statutes,including Chapter 200.065 (2)e 1.Provides that the City Council shall adopt a Final Voted Debt Service Millage rate for the GO for Parks prior to the Final Budget. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2021-R-28 the Final Edgewater I &S 2016 Voted Debt Service Millage Rate of $0.1983 for the GO for Parks for Fiscal Year 2021-2022 City of Edgewater Printed on 9/14/2021Page 1 of 1 powered by Legistar™ 1 Resolution #2021-R-28 RESOLUTION 2021-R-28 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL VOTED DEBT SERVICE MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2021-2022; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $1,266,920,168 and WHEREAS, October 1, 2021 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 13, 2021 a public hearing was held on the tentative voted debt service millage rate of $0.1983 mills for fiscal year 2021-2022 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 27, 2021, a public hearing was held on the final voted debt service millage rate for fiscal year 2021-2022 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of $0.1983 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for GO for Parks Voted Debt Service. Section 2: The Voted Debt Service levy of $0.1983 mills based on the sale of the General Obligation Note Payable in 2017. Section 3. This Resolution shall become effective immediately upon passage and adoption. 2 Resolution #2021-R-28 After Motion for approval by ___________________________________________ and Second by ___________________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas _____ Councilwoman Christine Power _____ Councilwoman Gigi Bennington _____ Councilman Megan O’Keefe _____ Councilman Jonah Powers _____ PASSED, APPROVED AND ADOPTED this 27th day of September, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Brown, CMC Mike Thomas City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of September, 2021 under Agenda Item No. 8______. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-R-29,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution 2021-R-29 Final Budget providing for appropriations for Fiscal Year 2021-2022 DEPARTMENT: Finance SUMMARY: Per Florida Statutes,including Chapter 200.065 (2)(e)1.Provides that the City Council shall adopt a Final Budget after the Final Millage. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2021-R-29 the Final Budget for Fiscal Year 2021-2022. City of Edgewater Printed on 9/14/2021Page 1 of 1 powered by Legistar™ 1 Resolution #2021-R-29 RESOLUTION 2021-R-29 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING THE FINAL GENERAL FUND, ENTERPRISE FUNDS, AND ALL OTHER RELATED FUNDS BUDGETS AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR 2021-2022; PROVIDING FOR APPROPRIATIONS; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Edgewater has recommended a final annual budget for the next ensuing fiscal year beginning October 1, 2021 and ending September 30, 2022; and WHEREAS, a notice of public hearing on said budget was duly published; and WHEREAS, a public hearing was held on September 13, 2021, after having first adopted a tentative millage rate for the City for the Fiscal year 2021-2022, to consider the tentative budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so; and WHEREAS, within five days after due public advertising, a Public Hearing will be held to finalize the budget on September 27, 2021; and WHEREAS, a public hearing as required by Florida Statute 200.065 was held on September 27, 2021, after having first adopted a final voted debt service and operating millage rates for the City for the Fiscal year 2021-2022, to consider the final budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so; and WHEREAS, the City of Edgewater, Florida, set forth the appropriations and revenue estimate for the Budget for Fiscal Year 2021-2022 in the amount of $79,860,254. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida pursuant to the Charter of the City of Edgewater and Chapter 166, Florida Statutes, does hereby adopt the Tentative General, Enterprise and all other related Fund Budgets and Capital Improvements Programs, which are attached hereto and incorporated herein as Exhibit “A” which may later be amended by the City Council. 2 Resolution #2021-R-29 Section 2. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by ______________________________________ and Second by ________________________________________ the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas _____ Councilwoman Christine Power _____ Councilwoman Gigi Bennington _____ Councilman Megan O’Keefe _____ Councilman Jonah Powers _____ PASSED, APPROVED AND ADOPTED this 27th day of September, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Brown, CMC Mike Thomas City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of September, 2021 under Agenda Item No. 8_____. EXHBIT A PROPOSED FY 2021 - 2022 BUDGET REVENUES AND EXPENSES REVENUE EXPENSES 001 - GENERAL FUND 21,741,782$ 21,741,782$ 115 - SPECIAL LAW ENFORCEMENT TRUST FUND 53,500$ 53,500$ 116 - TRANSPORTATION IMPACT FEE 800,000$ 800,000$ 117 - POLICE IMPACT FEE FUND 140,000$ 140,000$ 118 - FIRE IMPACT FEE FUND 90,000$ 90,000$ 119 - RECREATION IMPACT FEE 320,000$ 320,000$ 120 - SCHOLARSHIP FUND 7,000$ 7,000$ 122 - TREE MITIGATION FUND 70,000$ 70,000$ 125 - EDGEWATER CRA 411,726$ 411,726$ 205 - I & S DEBT SERVICE FUND 436,047$ 436,047$ 331 - CAPITAL PROJECTS FUND 1,977,000$ 1,977,000$ 440 - WATER & SEWER 21,766,239$ 21,766,239$ 442 - WATER DEVELOPMENT 900,000$ 900,000$ 443 - SEWER DEVELOPMENT 1,100,000$ 1,100,000$ 444 - RENEWAL & REPLACEMENT 10,542,067$ 10,542,067$ 447 - SOLID WASTE 3,962,165$ 3,962,165$ 448 - STORMWATER OPERATING 5,064,074$ 5,064,074$ 449 - STORMWATER CAPITAL PROJECTS 3,150,234$ 3,150,234$ 450 - PUBLIC WORKS COMPLEX 1,000,000$ 1,000,000$ 501 - MIS 1,009,258$ 1,009,258$ 502 - FLEET 1,293,075$ 1,293,075$ 503 - LOSS FUND 421,867$ 421,867$ 504 - FULLY INSURED INSURANCE 3,322,168$ 3,322,168$ 505 - WORKERS COMPENSATION 282,052$ 282,052$ TOTAL ALL FUNDS 79,860,254$ 79,860,254$ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-O-40,Version:2 COUNCIL AGENDA ITEM COUNCIL AGENDA ITEM SUBJECT: 2nd Reading - Ordinance No. 2021-O-40 - Dissolving the Deering Park Community Development District DEPARTMENT: Development Services SUMMARY: The Deering Park Center Community Development District (“District”)was established by Ordinance No. 2014-O-17 and approved by City Council on September 8,2014.During its meeting on October 7,2019,the City Council considered the proposed legislation to create the Deering Park Stewardship District by Special Act and subsequently issued a letter of no objection.Section 190.046(3),Florida Statutes,authorizes the merger of community development districts with another type of special district,the process of which is pursuant to the terms of that special act.As a result of the merger,the planned community development services to be provided to the lands within the boundaries of the District may be provided by and through the Developer in a manner as efficiently as the District and at a level of quality equal to the level of quality to be delivered to the users of those services by the District,at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the District. City Council approved first reading of this item on September 13, 2021. BUDGETED ITEM:☐ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2021-O-40 City of Edgewater Printed on 9/14/2021Page 1 of 1 powered by Legistar™ ORDINANCE NO. 2021–O-40 AN ORDINANCE DISSOLVING THE DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABLITY; AND PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTING. WHEREAS, the City of Council of the City of Edgewater, Florida, has made the following findings of fact and determinations: 1. The Deering Park Center Community Development District (“District”) was established by Ordinance No. 2014-O-17 of the City Council (“Council”) of the City of Edgewater, Florida, a political subdivision of the State of Florida. 2. The District is located wholly within the boundaries of the City of Edgewater (City). 3. Section 190.046(3), Florida Statutes, authorizes the merger of community development districts with another type of special district, the process of which is pursuant to the terms of that special act. 4. The District previously advised the City of its intent to merge into the Deering Park Stewardship District (“ISD”), a local unit of special-purpose government established pursuant to Chapter 2020-197, Laws of Florida, whereby the ISD would be the surviving entity and the District would be dissolved. 5. Pursuant to Chapter 2020-197, Laws of Florida, upon receipt of a resolution approving the merger and the merger agreement, the City shall adopt a non-emergency ordinance dissolving the District pursuant to Section 190.046(10). 6. As a result of the Merger, the planned community development services to be provided to the lands within the boundaries of the District may be provided by and through the Developer in a manner as efficiently as the District and at a level of quality equal to the level of quality to be delivered to the users of those services by the District, at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the District. 7. The District’s Board of Supervisors adopted Resolution 2021-04 and executed the Merger Agreement, which Merger Agreement is attached hereto as Exhibit A, and desire that the City pass this nonemergency ordinance providing for the dissolution of the District in accord with section 190.046(3), Florida Statutes and Chapter 2020-197, Law of Florida. 8. The dissolution of the District will not harm or otherwise injure any interests of the current owner of neither land, nor harm nor otherwise injure any interests of any other party within or without the District. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. DISSOLUTION OF DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT. The Council hereby repeals Ordinance No. 2014-O-17 and dissolves the Deering Park Center Community Development District. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman O’Keefe, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on September 13, 2021, was as follows: AYE NAY Mayor Mike Thomas __X__ ______ Councilwoman Christine Power __X__ ______ Councilwoman Gigi Bennington __X__ ______ Councilwoman Megan O’Keefe __X__ ______ Councilman Jonah Powers __X__ ______ After Motion to approve by _______________________________________, with Second by _______________________________, the vote on the second reading/public hearing of this ordinance held on ______________, 2021, was as follows: AYE NAY Mayor Mike Thomas ______ ______ Councilwoman Christine Power ______ ______ Councilwoman Gigi Bennington ______ ______ Councilwoman Megan O’Keefe ______ ______ Councilman Jonah Powers ______ ______ PASSED AND DULY ADOPTED this _______ day of _________________, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ____________________________ By: ____________________________ Bonnie Brown, CMC Mike Thomas City Clerk Mayor Exhibit A 1 MERGER AGREEMENT BY AND BETWEEN DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT AND DEERING PARK STEWARDSHIP DISTRICT This Merger Agreement (the “Agreement”) is made and entered into by and between the following: Deering Park Center Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Edgewater, Florida (hereinafter “CDD,”); and Deering Park Stewardship District, a local unit of special-purpose government established pursuant to Chapter 2020-197, Laws of Florida Statutes, and located in Brevard and Volusia Counties and the City of Edgewater, Florida (hereinafter “Deering Park SD” and together with the CDD, the “Districts”). Recitals WHEREAS, the CDD was established as of September 18, 2014, by Ordinance No. 2014-O-17 adopted by the City Council of the City of Edgewater, Florida for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements; and WHEREAS, Deering Park SD was established as of September 4, 2020, by Chapter 2020-197, Laws of Florida, for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements; and WHEREAS, the CDD is currently located within that portion of the boundaries of the recently established Deering Park SD located within the City of Edgewater, Florida; and WHEREAS, Section 190.046(3), Florida Statutes, authorizes the merger of community development districts and other types of special districts, and; WHEREAS, Chapter 2020-197(6)(27), Laws of Florida, authorizes the merger of one or more community development districts situated wholly within the boundaries of the Deering Park SD and provides that, the districts desiring to merge enter into a merger agreement which provides for the proper allocation of the indebtedness assumed by the merged district and the manner in which such debt shall be retired; and WHEREAS, Section 190.046(3), Florida Statutes, and Chapter 2020-197(6)(27), Laws of Florida, provide that the approval and execution of the merger agreement by the board of supervisors of the district shall constitute the consent of the landowners within such district with respect to the merger; and WHEREAS, because the CDD is located within the boundaries of the Deering Park SD, a merger of the Districts (hereinafter the “Merger”) is in the best interests of the Districts 2 because, among other reasons, the Merger would promote greater efficiency in the Districts’ operations, eliminate redundant overhead costs and other expenses, and reduce future operations and maintenance assessments in the aggregate; and WHEREAS, on January 18, 2021, and April 15, 2021, the Board of Supervisors (the “Board(s)”) of the CDD and Deering Park SD adopted Resolutions 2021-03 and 2021-04, respectively, evidencing the Districts’ intent to effectuate the Merger between the Districts, directing the Districts’ staff to take all actions necessary in effectuating same, and approving the form of an agreement between the Districts related to the merger and of the request requesting the Merger (collectively, the “Merger Approval Resolutions”); and WHEREAS, in accordance with Section 190.046(3), Florida Statutes, and Chapter 2020- 197(6)(27), Laws of Florida, the CDD and Deering Park SD accordingly desire to set forth their mutual understanding, rights and obligations with respect to the Merger. NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Authority. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Agreement. This Agreement is entered into pursuant to the provisions of Florida law, including, but not limited to, Chapter 190, Florida Statutes, and Chapter 2020-197, Laws of Florida. 2. The Merger. Pursuant to the Merger Approval Resolutions, the CDD shall cause to be filed with Deering Park SD a written request (“Merger Request”) requesting that the CDD merge into the Deering Park SD that would effectuate the Merger of the CDD into and with Deering Park SD as the surviving entity. In addition, the CDD shall file a copy of the Merger Request with the City of Edgewater. The Merger shall become effective upon dissolution of the CDD by the City of Edgewater (the “Merger Effective Date”). On the Merger Effective Date, the CDD shall be merged into and with Deering Park SD as the surviving entity, and the CDD shall thereafter cease to exist. It is the intent of the Districts that the transfer, assignment, vesting, and assumption of all rights, property, assets, assessments, contracts, agreements, insurance, debts, and liabilities from the CDD into Deering Park SD shall automatically occur on the Merger Effective Date, by virtue of the Merger pursuant to Section 190.046(3), Florida Statutes, and Chapter 2020-197(6)(27), Laws of Florida. 3. Delegation of Authority; Cooperation. This Agreement supplements, as necessary, the authorization, direction and delegation of authority to the Districts’ Chairpersons, Vice Chairpersons, and District officers and/or staff (collectively, “District Staff”) as provided in the Merger Approval Resolutions to further authorize and delegate to District Staff the authority to effectuate the transfer of powers, duties, liabilities, claims and assets, etc. as may be necessary to effectuate the Merger. The Districts agree to continue to cooperate and take all actions reasonably necessary and in a timely manner to permit a prompt response in all proceedings relating to the Merger. 3 4. Funding. The Districts recognize that in order to seek a Merger pursuant to Chapter 190, Florida Statutes, and Chapter 2020-197, Laws of Florida District Staff, including but not limited to legal, engineering, financial and managerial staff, among others, must provide certain services necessary to the effectuate the same. The Districts are authorized to enter into such funding agreements as are necessary to accomplish the Merger. 5. Legal Opinions. The Districts shall cause to be provided, or otherwise obtain, any legal opinions necessary to effectuate the Merger. 6. District Boundaries. Upon the Merger, the surviving District shall be the Deering Park SD and the CDD shall cease to exist. As of the Merger Effective Date, the boundaries of Merged District shall be as set forth in Exhibit A, attached hereto and incorporated herein by reference. 7. Board Members. Upon the Merger Effective Date, the Board of the CDD shall cease to exist and the Board of Deering Park SD shall continue to operate as the Board of the Merged District. 8. Property & Assets. Effective as of the Merger Effective Date, the CDD passes all title, rights, ownership of property, moneys, uncollected taxes and/or assessments, dues, receivables, claims, and judgments held and owned by the CDD (the “CDD Assets”) to Deering Park SD. By execution of this Agreement, and as of the Merger Effective Date, Deering Park SD accepts and is hereby vested with the authority necessary to effect such transfer from or on behalf of the CDD, and receive such title, rights, ownership of property, moneys, uncollected taxes and/or assessments, dues, receivables, claims and judgments. 9. Assessments. Effective as of the Merger Effective Date, all non-ad valorem or special assessments levied by the CDD against property in the CDD (the “CDD Assessments”) shall be payable when due to Deering Park SD. By execution of this Agreement, and as of the Merger Effective Date, the CDD delegates, and the Deering Park SD accepts, the authority to collect upon and enforce any such assessment liens, whether under the Uniform Method of Collection or any other method under Florida law. 10. Contracts. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for, and bound by, all contracts to which the CDD is presently a party and which are not terminated as of the Merger Effective Date (the “CDD Contracts”). Deering Park SD shall assume the liabilities arising from the CDD Contracts and be entitled to the benefits of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the CDD Contracts to Deering Park SD as of the Merger Effective Date with no further action required on behalf of the Districts unless consent by assignment is required by a third party. If such consent is required by a third party, the CDD shall obtain such consent to assignment or terminate the contract in accordance with its terms. By execution of this Agreement, the CDD delegates, and Deering Park SD accepts, the authority to enforce and/or effect the disposition of all CDD Contracts, including but not limited to the assignment, amendment, and/or termination of the same. 4 11. Other Interlocal Agreements. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for, and be bound by, all other interlocal agreements to which the CDD is a party, including any with the City of Edgewater (“Other Interlocal Agreements”). Deering Park SD shall assume the liabilities arising from such interlocal agreements and be entitled to the benefit of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the Other Interlocal Agreements by the CDD to Deering Park SD as of the Merger Effective Date with no further action required by the Districts. To the extent necessary, if any, the CDD delegates, and Deering Park SD accepts, the authority to enforce and/or effect the disposition of all such interlocal agreements, including but not limited to the assignment, amendment and/or termination of the same. 12. Debts & Liabilities. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for and have the obligation of all debts and liabilities of the CDD (the “CDD Debts & Liabilities”) by operation of law. The Districts agree that, pursuant to Section 190.046, Florida Statutes, the Merger shall not impair the rights of creditors and liens upon the CDD’s property, if any. Moreover, Deering Park SD may be substituted for the CDD in any claim existing, or action or proceeding pending by or against the CDD. To the extent necessary, the CDD delegates, and Deering Park SD accepts, the authority to satisfy, fulfill, and pay all CDD Debts & Liabilities and defend against any claim or action proceeding by or against the CDD. 13. Insurance. The CDD shall terminate its insurance coverage effective thirty (30) days from the Merger Effective Date. Deering Park SD shall ensure that payment of the premium for that coverage is made so as to prevent any lapse in coverage, and shall be entitled to receive any refund of any overpayment for such insurance due to the cancellation. 14. Audits. Effective as of the Merger Effective Date, the CDD hereby authorizes the Deering Park SD to conduct, approve, and submit to appropriate authorities a final audit of the CDD’s financial records pursuant to Section 190.007(2), Florida Statutes, and the submittal of any additional financial reports or statements required by law. By execution of this Agreement, Deering Park SD agrees to conduct, approve, and submit to appropriate authorities a final audit of CDD’s records pursuant to Section 190.007(2), Florida Statutes, and to submit all required additional financial reports or statements required by law. The Districts agree that the preparation of the above-referenced audit shall not commence until after the Merger Effective Date. 15. Accounts. Effective as of the Merger Effective Date, the CDD authorizes Deering Park SD to assume control of all bank accounts held in the name of the CDD (the “Bank Accounts”), and to take any actions necessary to utilize such funds to pay obligations of the CDD which may become due after the Merger Effective Date or to transfer any funds remaining in such accounts into Deering Park SD accounts. Such actions may include, but are not limited to, the expenditure of funds from the Bank Accounts for payment of services rendered to the CDD prior to the Merger Effective Date, the transfer of such funds from the CDD to Deering Park SD, and the closing of such Bank Accounts which shall occur within forty-five (45) days of the Merger Effective Date. By execution of this Agreement, and as of the Merger Effective Date, the Deering Park SD accepts such control over the Bank Accounts. 5 16. Budgets. By execution of this Agreement, and effective as of the Merger Effective Date, the CDD delegates to Deering Park SD the authority to consolidate the CDD’s budget with the Deering Park SD budget for the then-current fiscal year, and Deering Park SD agrees to take any and all such actions with respect to the consolidation of the Districts’ budgets. As the Districts acknowledge that the necessary amendments to Deering Park SD’s budget to reflect the Merger must occur after the closing of the financial accounts and records of the CDD, Deering Park SD agrees to amend the Deering Park SD budget to reflect the Merger, including amendments to both revenues and expenses, within sixty (60) days of the Merger Effective Date. 17. Rules and Policies. At the time of this Agreement, the Districts have their own Rules of Procedure. Any additional rules, rates, or policies adopted by Deering Park SD shall remain in place upon the Merger unless and until Deering Park SD finds, in its sole discretion, that it is in its best interests to amend such rules, rates, or policies. 18. Powers. At the time of this Agreement, the CDD shall continue to have all of its existing general and special powers. Effective as of the Merger Effective Date, Deering Park SD shall be additionally vested with any and all of the general and special powers of the CDD. 19. Default and Protection Against Third Party Interference. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages and/or specific performance. Each party shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair a party’s right to protect its rights from interference by a third party to this Agreement. 20. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing approved by the Boards of Supervisors of each of the Districts. 21. Authorization. The execution of this Agreement has been duly authorized by the Boards of Supervisors for the CDD and Deering Park SD, all parties have complied with all the requirements of law, and all parties have full power and authority to comply with the terms and provisions of this instrument. 22. Arm’s Length Transaction. This Agreement has been negotiated fully between the parties as an arm’s length transaction. All parties participated fully in the preparation of this Agreement and received the advice of counsel of their choosing. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any party. 23. Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity other than the 6 parties any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement. 24. Assignment. The parties may not assign any part of this Agreement without the prior written approval of the other. Any purported assignment without such written consent shall be void. 25. Controlling Law; Venue. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue shall be in Volusia County, Florida. 26. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. 27. Sovereign Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of either party’s limitations on liability, as set forth in Section 768.28, Florida Statutes, or other applicable statute or law. 28. Enforcement of Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, the parties agree that the prevailing party shall be entitled to recover from the non-prevailing party all fees and costs incurred, including reasonable attorneys fees, paralegal fees and costs for trial, alternative dispute resolution, or appellate proceedings. 29. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement. 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original. However, all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. 31. Effective Date; Merger Effective Date and Termination. This Agreement shall be effective upon the execution by a majority of the Board of Supervisors of the CDD and Deering Park SD, and upon the recordation of a fully-executed copy of the Agreement in the Official Records of Volusia County, Florida. The Agreement shall continue to be effective until the earlier of either: (a) the date following the Merger Effective Date upon which all obligations and requirements set forth under this Agreement have been satisfied; or (b) termination of this Agreement upon sixty (60) days written notice by the terminating party. The terminating party shall record a Notice of Termination of this Agreement immediately after the effective date of termination. [SIGNATURES ON NEXT PAGE]