2024-R-36 - Fire Rescue Association Cross Easement Agreement RESOLUTION NO. 2024-R-3G
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING THE CROSS-EASEMENT
AGREEMENT WITH EDGEWATER FIRE RESCUE
ASSOCIATION INC.; PROVIDING FOR CONFLICTING
PROVISIONS,AN EFFECTIVE DATE,AND ADOPTION.
WHEREAS, on April 1, 2002, the City of Edgewater entered into a Cross Easement
Agreement with the Edgewater Volunteer Fire/Rescue Association Inc.;and
WHEREAS,the Cross Easement Agreement required an Addendum to the Purchase and
Sale Contract dated May 5, 1998, for the purchase of property located at 2528 Hibiscus Dr.
Edgewater FL. 3214;and
WHERAS,the Addendum required the Edgewater Volunteer Fire/Rescue Association Inc.
to amend Article XI—Disband, Section I—Liquidation of the Association By-Laws regarding the
liquidation of properties and assets upon disbandment; and
WHERAS,since approval of the Agreement some of the previous referenced beneficiaries
are no longer in existence and the Edgewater Volunteer Fire/Rescue Association Inc. wishes to
further amend Article XI—Disband, Section I—Liquidation of the Association By-Laws;and
WHERAS,on September 5,2024,by majority vote the Edgewater Volunteer Fire/Rescue
Association Inc. they have approved the amendment to Article XI — Disband, Section I —
Liquidation of the By-Laws pending approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater,
Florida:
Section 1. The City of Edgewater hereby mutually agrees to permit the Edgewater
Volunteer Fire/Rescue Association Inc to amend Article XI — Disband, Section I —
Liquidation of the Association By-Laws as follows:
ATRICLE XI-DISBAND
Section I—LIQUIDATION
In the event that the Edgewater Fire and Rescue Association, Inc. ceases to exist as a functioning
Association in the support of the Edgewater Fire and Rescue Department, all the money and
existing assets belonging to the Edgewater Volunteer Fire and Rescue Association Inc. will be
liquidated in the fallowing manner. All existing real estate and improvements and tangible
property will be deeded and donated to the City of Edgewater. All money remaining after
satisfaction of all debt and burdens will be donated to the City of Edgewater for the specific and
sole purpose of purchasing equipment for the City of Edgewater Fire-Rescue Department.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative,or void,such holding shall not affect the remaining portions
of this resolution. If this resolution or
2024-R-36 I
any provisions thereof shall be held to be inapplicable to any pel•sozl, property, or
circumstances.
Section 7. This ResolUtiOn shall take effect upon adoption.
PASSE]) AND DULY ADOPTED this tday of�� '���Ol �a4!fi. ,2024.
F
r
1 1 7 Diezel. Depe:w, Mayor
xrTijM
;&onnie Zl6tnik, C, , City Clerk.
REVIEWED AND APPROVED:
Caron k. 1Xl e,TY
Attorney
2024-R-36 2
son;