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01-08-2007 , .. '-> o V oting Order Councilwoman Rogers Councilman Vincenzi Councilwoman Rhodes Councilwoman Lichter Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING January 8, 2007 7:00 P.M. COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROV AL OF MINUTES A. Special Meeting of August 31, 2006 3. PRESENT A TIONS/PROCLAMA TIONSIPLAQUES/CERTIFICA TES/DONA TIONS A. Presentation by the Edgewater Public Library Board in reference to the purchase of property adjacent to the Library. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three "3" minutes or less. 5. CITY COUNCIL REPORTS 6. CONSENT AGENDA - None at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Annexations: A. 2nd Reading, Ord. No. 2006-0-45, Sid Peterson requesting annexation of 79 .18::!: acres of land located south of the Taylor Road and Glencoe Road intersection. B. 2nd Reading, Ord. No. 2006-0-46, Glenn Storch requesting annexation of 20.28::!: acres of land located south of Two Oaks Drive and north of2ih Street. Resolutions: C. Res. No. 2007-R-Ol, acknowledging property owners' rights to construct buildings in excess of 35-feet pursuant to vested Planned Unit Development (PUD) Agreements. 8. BOARD APPOINTMENTS A. Animal Control Board: 1) Nomination by Councilwoman Lichter to fill a vacated seat due to the expired term of Donna Wagner who seeks reappointment. 2) Nomination by Councilwoman Rogers to fill a vacated seat due to the expired term of Karen Mason who seeks reappointment. " ". Q o City Council Agenda January 8, 2007 Page -2- 8. Board Appointments Cont. B. Citizen Code Enforcement Board: 1) Nomination by Councilwoman Rogers to fill a vacated seat due to the expired term of Ben Wagner who seeks reappointment. 2) Nomination by Councilman Vincenzi to fill a vacated seat due to the expired term of Linda Johnson who seeks reappointment. 9. OTHER BUSINESS A. Agreement for Legal Services - staff recommending approval of the Agreement with Doran, Wolfe, Ansay & Kundid to provide services as City Attorney with authorization by the Mayor. B. Agreement for Special Counsel - staff recommending approval of a Fourth Amendment to Agreement for Retention of Special Counsel on an as-needed basis with Foley & Lardner, LLP (rather than as City Attorney) with authorization by the Mayor. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) ParkTowne Industrial Center Phase II Land Purchase 2) Tentative Agenda Items 11. CITIZEN COMMENTS 12. ADJOURN. Note: The City Council meeting scheduled for December 18, 2006 has been canceled. All items for inclusion on the January 22, 2007, agenda must be received by the City Manager's office no later than 12:00 pm, Thursdav, January 11,2007. 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 Susan Wadsworth, 104 N Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 xlIOI, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-877/. 1:\Iiz_ docs\agendas\O 1 0807reg RECEIVED NOV 1 7 2006 11-16-06 P02:53 IN~~ CITY MANAGER EDGEW ATER PUBLIC LIBRARY BOARD 103 Indian River Boulevard Edgewater, FL 32132 Nov. 15,2006 Edgewater City Council City Hall Riverside Drive Edgewater, FL Please consider this a request from the Edgewater Public Library Board for representatives of the Board to be placed on the agenda for the Edgewater City Council meeting of Dec. 4 (or the closest date afterward) in reference to purchase of property adjacent to the Library. Thank you. Very truly yours, ~'l ~ );(~~!~ Marie Goodrich, Secretary, Edgewater Library Board CC: Jean Haughwout, Library Board Chairman Ruth McCormack, Librarian . . Heffington & Associates IAle No C61018AI Paoe #11 eflor- nlV nspectlon eSldential Appraisal Report File# C61018A The purpose of !tis summary appraisal report is to provide the lender/client witl1 an accurate, and adequately SUDported, opinion of the market value of the subject property. Property Address 1822 BANYAN DR. Cilv EDGEWATER State FL lin Code 32132 Borrower JOSEPH & PAlRlCIA TOMAZIN Owner pf Public Record JOSEPH & PAlRlCIA TOMAZIN County VOLUSIA Leoal DesCriDtion LOT 67 & 68 BLK 4 FLORIDA SHORES NO 1 MB 23 PG 57 PER OR 1613 PG 261 Assessor's Parcel # 8402-0 HlO-0670 Tax Year 2005 R.E. Taxes $ 2708.53 Neighborhood Name FLORIDA SHORES MaD Reference 19660 Census Tract 0830.01 Occupant r l Owner rl Tenant IX1 Vacant Special Assessments $ 0.00 l PUD HOA $ 0.00 finer year r l per month .. Property Riohts ADDraised IX1 Fee Simole n Leaselxlld r l Other (describel Assianment Tvoe rl Purchase Transaction n Refinance Transaction 15<1 Other (describel LenderlClient JOSEPH P. DUDLEY Address 403 DOWNING ST. NEW SMYRNA BEACH FL 32168 Is the subiect Drooertv currentlv offered for sale or has tt been Dffered fDr sale in the Iwltie months Door to the effective date of this annraisal? nYes I5<INo ReDort data source(sl used, offerina pricers), and daters\. MLS. I 0 did IZ! dill not analyze the contract fDr sale for the subject purchase transactiDn. Explain the results of the analysis of the contract fDr sale Dr why the analysis was not performed. Contract Price $ N/A Date of Contract N/A Is the DroDertv seller the owner of Dubllc record? 1'1 Yes rTNo Data Sourcersl N/A Is there any financial assistance Qoan charges, sale concessions, gift Dr downpayment assistance, etc.) to be paid by any party on beha" of the borrower? DYes ONo . "Yes, reoort the tDtal dollar amount and describe the ttems to be Daid. N/A Note: Race and the racial composition olthe neighborhood are not aDDralsallactors. TI:~&,[tNeiahborhood CharacterisliC$~Wi"1ll:. illw*_-*lOne;-UnitHDUsl Trends.;qdsW&%1imtL'Y'4tffi0@,: t~O~nnHouslnajg ;!iPresentund Use%ili! Location [l Urban 15<1 Suburban r l Rural ProperlY Values r llncreasina C Stable n Oeclinina PRICE AGE One-Unit 90 % . Buin-Up 15<1 Over 75% r l 25-75% r l Under 25% Demand/Suoolv r l Shortaoe C In Balance n Over SUDDIv $ room Ivrsl 2-4 Untt % : Growth r l Rapid 15<1 Stable rl Slow Marketina lime r l Under 3 mlhs C 3-6 mlhs n Over 6 mlhs 120 Low NEW Multi-Familv % Neiohborhood Boundaries PARK AVE. TO THE NORTH 35TH ST. TO THE SOUTH U.S.#1 TO THE 320 Hloh 65 Commercial % : EAST WILLOW OAK TO THE WEST. 194 Pred. 10-20 Other 10 % Neighborhood Description THE SUBJECT IS LOCATED IN A LARGE GRID STYLE SUBDIVISION THAT IS BUILT UP WITH AVERAGE TO ABOVE AVERAGE HOMES. THIS AREA IS WITHIN GOOD PROXIMITY TO SCHOOLS SHOPS AND OTHER FACILmES. Market Conditions Oncluding support for the above concklsionsl PROPERTY VALUES IN VOLUSIA COUNTY HAVE STABILIZED. INTEREST RATES ARE AT AN EFFECTIVE RATE AND THERE DOES NOT APPEAR TO BE ANY CREATIVE FINANCING INVOLVED. Dimensions 80 X 125 Area 10000 5o.Ft. Shane RECTANGULAR View OTHER HOMES Spec~ic Zonina Class~icationR-1B Zonina Description SINGLE FAMILY RESIDENTIAL Zoring Compliance IX1 Leoal n Leoal Nonconfomina IGrandfathered Usel r 1 No Zorina n Dleoal (describel . Is the hiohest and best use of subiect orooertv as imoroved (or as proposed oer olans and sDecificalionslthe oresen! use? rxI Yes r1 No " No, describe Utilities pubrlC Other (describe) Public Other (describe) Olf-sfte ImDrovements - Tv"" Public Private Bectricity 15<1 rl Water IX1 r Street PAVED ~ f1 Gas n r 1 NONE Sannarv Sewer IX1 r ADeV . NONE r1 fl FEMA Special Rood Hazard Area n Yes IX1 No FEMA Flood Zone X FEMA Mao # 12127C0685G FEMA MaD Date 4/1512002 Are the utilities and off-stte imDrovements lvDical for the market area? IX1 Yes rlNo " No, describe Are there any adverse stte conditions or externallactors (easements. encroachments. environmental conditions, land uses, IiIc,)? f1 Yes rxI No " Yes, describe FLOOD ZONE SUBJECT TO VERIFICATION BY SURVEY NO SURVEY PROVIDED. NO ADVERSE CONDmONS NOTED. Source(s) Used for Phvsical Characteristics of ProoerfV 1 ADoralsal Ales f1 MLS IX1 Assessment and Tax Records -nPrior InSnection r 1 ProDertv Owner o Other (describe) Data Source for Gross living Area PUBLIC RECORDS #;!iltww%ww.General Deseription&I"1""'IlMh'Y&l [#j)'j@wi;i General Deseriptiolttmi1\1f(,Wii $,WlHeating/COOling .%11/; .jt1m:fffUllnenitiesl~.t%lj'l ~ljWiti'iCar Storage lt1&lj!lt&W'!ll Units lXl One I I One with AccessolV Unit IlXl Concrete Slab I Crawl Soace IIX1 FWA n HWBB If)( Areolacersl # 1 I None # of Stories 1 l Full Basement r l Finished l Radiant Woodstovelsl # 15<1 Drivewav # of Cars 4 Tvoe lXl Det rl An. rl S-DetJEnd Untt l Partial Basement r l Anished l Other PatiQlDeck Drivewav Surface CONCRETE IIX1 Existing r l Proposed r l Under Canst. Exterior WaDs CONC BLOCK Fuel ELEC 115< Porch ENC/COV 15(\ Garane # of Cars 1 Desion (Slvlel RANCH Roof Surface SHINGLE IIX1 Central Air Conditiorinn 115< Pool INGROUND l Camor! # of Cars Year Buin 1961 Gutters & DownsDoulsNONE llndividual (8J Fence WOOD (8J Attached r 1 Detached Effective Age CYrs120 YRS Window Tvoe SH ALUM o Other (8J Other COV ENT o Buitt-in Applances 0 Refrigerator U Range/Oven LJ Dishwasher r I Disposal I I Microwave I I Washer/Dryer l Other (describe) Anished area above grade contains: UNK Rooms 3 Bedrooms 2 Bathrsl 1584 SnUare Feet of Gross Uvinn Area Above Grade Additionalleatures lsoecial enemy efficient tterns efc,\ COVERED ENTRY COVERED PORCH ENCLOSED PORCH FENCE SWIMMING POOL AND FIREPLACE. . Describe the condition of the omoertv and data sourcersl Iincludino aDoarent needed re""irs deterioration renovations remodelino efc.THE SUBJECT IS APPRAISED BASED ON AN EXTERIOR INSPECTION ONLY. THE SUBJECT IS CONSIDERED TO BE IN AVERAGE CONDIllON. Are there any apparent p/rysical deficiencies or adverse conditions fhat affec!!he fivabifily, sotlldness, or slructural integrity of the property? DYes IZ! No " Yes, describe. Does the propertv aenerallv conform to the neiohborhood !functional utility, stvle, condttion. use. construction. efc,)? IX1 Yes fl No " No, describe. Ext' 0 II R Freddie Mac Form 2055 March 2005 Page 1 of 6 Fannie Mae Form 2055 March 2005 Form 2055 - 'WinTOTAl' appraisal soffware by a Ia mode, inc. -1-8OQ.ALAMODE t- IRle No C61018AI Paoe #21 xtenor- nly nspectlon eSldentlal Appraisal Report File # C61018A There are 3 comoarable properties currentlY otferell for sale in the subject neiohborhood ranoino in pnce lrom $ 169 900 to $ 194 900 There are 3 comparable sales In the subject neiohborhood within the oast twelve months rangil1l In sale pr1ce lrom $ 185000 to $ 190000 FEATURE I SUBJECT COMPARABLE SAlE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 1822 BANYAN DR. 2129 WILLOW OAK DR. 2720 JUNIPER DR. 3034 QUEEN PALM DR. EDGEWATER EDGEWATER EDGEWATER EDGEWATER Proximitv to Subiect 1.26 miles SW 1.36 miles S 2.03 miles S Sale pnce $ N/ $ 190 000 11Thwtvg~}~~~mWJili@H' $ 185 000 $ 188650 Sale Pr1celGross Liv. Area 1$ s .ft. $ 119.95 sO.ft. $ 115.84 sa.ft $ 112.96 sO.ft. Data Source(s) PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS Verification SourceCsl MICRO BASE MLS MICROBASE MLS MICROBASE MLS VALUE ADJUSTMENTS DESCRlP110N DESCRlP110N +(-) $ Adiustment DESCRIPTION + (-) $ Adiustment DESCRIPTION +(-) $ Adiustment Sales or Rnancing NONE NONE NONE Concessions Date of Sale/Time 7/2006 6/2006 1012006 Location AVERAGE AVERAGE AVERAGE AVERAGE LeaseholdlFee Simole FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 80X1251AVG 120X125/AVG -5 000 80X1251AVG 80X1251AVG View OTHER HOME5 OTHER HOME5 OTHER HOME! OTHER HOMES Desion (Stv1el RANCH RANCH RANCH RANCH Quality 01 Construction CB/AVG CBlAVG CB/AVG CBlAVG Actual Aae 45 YRS 28 YRS 28 YRS 24 YRS Condition AVERAGE GOOD -10000 AVERAGE AVERAGE Above Grade TotaIl8drms.18aths Total I Bdrms.1 Baths Total I Bdrms.1 Baths Total I Bdrms.1 Baths Room Count UNKI 3 I 2 8 I 3 I 2 6 I 3 I 2 6 I 3 I 2 Gross LMno Area 1 584 sO.1l. 1 584 5Q.ft 0 1 597 sa.ft. 0 1 670 SQ.ft. 0 Basement & Rnished N/A N/A N/A N/A Rooms Below Grade N/A N/A N/A N/A Functional Utilitv AVERAGE AVERAGE AVERAGE AVERAGE HeatinolCoolino CHAC CHAC CHAC CHAC Enerov Efficient hems AVERAGE AVERAGE AVERAGE AVERAGE GaraoelCarnort 1 CAR GAR CARPORT +3000 NONE +4 000 2 CAR -4 000 PorcM'aliolDeck COV ENTRY COV ENTRY COV ENTRY COV ENTRY . OTHER POR ENC POR SCR PORCH +8 000 SCR PORCH +8 000 PORCH +10 000 : OTHER FEN FP FENCE +2000 FIREPLACE +1 000 FEN FP . OTHER POOL POOL POOL POOL . Net Adius1ment IT olan rl + 15<1- $ -2000 15<1+ l- $ 13000 ~+ [J- $ 6000 Ad)usted SalePr1ce ~Net Adj. % Net Ad). % Net Adj. % of Comoarables Gross Ad!. % $ 188000 Gross Adi. %$ 198 000 Gross Adj. %$ 194650 I IXI did I 1 did not research the sale or transfer history of the subject ropertv and comoarable sales. h oot explain Mv research 15<1 did r l did not reveal any orlor sales Dr transfers of the subject orooertv lor the three years Door to the ehective date of this appraisal. Data Source(s PUBLIC RECORDS Mv research txI did r l did not reveal any Door sales Dr translers 01 the comoarable sales lor the year orlor to the date of sale of the comparable sale. Data SourceCs PUBLIC RECORDS Reeort the resuhs of the research and analYsis of the Door sale Dr transfer hislorv of the subiect orooertv and comoarable sales Creeort additional Door sales on caae 31. ITEM SUBJECT COMPARABLE SAlE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Date 01 Pr10r SalelTransler 10/2004 7/2004 N/A 1012006 Pr1ce 01 Pr10r SalelTransler 100 145900 N/A 100 Data Source(sl PUBLIC RECORDS PUBLIC RECORDS N/A PUBLIC RECORDS Effective Oate of Oata SourceCsl 12/2006 1212006 N/A 1212006 AnalYsis 01 Door sale or transfer h1storv 01 the subject orooertv and camoarable sales A THREE YEAR SALES HISTORY HAS BEEN RESEARCHED ON THE SUBJECT AND THE COMPARABLE SALES AS PER FLORIDA LAW AND ARE NOTED BELOW. THE SUBJECT ALSO TRANSFERRED 9/200< FOR $100. Sunmarv of Sales Comoaoson APoroach ALL SALES ARE POOL HOMES LOCATED WITHIN THE SUBJECT SUBDIVISION. ALL SALES ARE NEWER HOMES THAN THE SUBJECT BUT ARE USED BECAUSE THEY ARE SIMILAR IN SIZE AND LOCATION TO THE SUBJECT PROPERTY. THE SUBJECT IS APPRAISED BASED UPON AN EXTERIOR INSPECTION ONLY. NO ADVERSE CONDmONS NOTED. Indicated Value bv Sales Comoaoson APoroach $'!il194 OOO~ Indicated Value by: Sales Comparison Acproach $ 194 000 Cost Approach (il developed) $ Income Approach (iI developed) $ THE SALES COMPARISON APPROACH WAS GIVEN THE MOST WEIGHT BECAUSE IT IS MOST ACCURATE IN DETERMINING A MARKET . VALUE. INCOME APPROACH WAS NOT USED DUE TO LACK OF RENTAL PROPERTIES IN THE AREA. ThIs appraisal is made ~ "as is". 0 subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, 0 subject to the lollowing repairs or aherations on the basis of a hypathetical condition that the repairs or aherations have been completed, or 0 subject to the . followina reauired insoection based on the extraordinarY assumotion that the condition or deficiency does oot reeulre aheration or repair. SEE STATEMENT OF L1MIllNG CONDIllONS. Based on a visual Inspection 01 the exterior areas 01 the SUbject prope~ from at least the street, defined scope 01 work, statement 01 assumptions and limiting conditions, and appraiser's certification, my (our) opinion 0 the marke value, as defined, 01 the real property that is the subject 01 this report Is $ 194,000 as 01 NOVEMBER 29 2006 which Is the date 01 insoectlon and the effective date 01 this appraisal. E o I I R Freddie Mac Fonn 2055 March 2005 Page 2 016 Fannie Mae Fonn 2055 March 2005 Form 2055 - 'WinTOTAL' appraisal software by a Ia mode, inc. -l-BOQ.AlAMODE ~ .. IRle No C61018AI Paoe #71 Building Sketch Borrower/Clent JOSEPH & PATRICIA TOMAZIN PrOPertY Address 1822 BANYAN DR. City EDGEWATER County VOLUSIA State FL lio Code 32132 lender JOSEPH P. DUDLEY 10.0' r--I i j i I ! i I ~I PORCH I "'I I 60.0' i ; ; . ; ; 0; ~ PORCH 0 i. LMNG AREA 18.0' 0 ..; .., 0 0 GARAGE ~ ci '" 24.0' ~I 18.0' 18.0' 5UIldIbf'/>f.wlI.N- Form SKT.BIdSkl- 'WinTOTAl' appraisal software by a Ia mode, inc. - 1-80G-AlAMODE au -.:. ,.. W, V d U ~ U ..J .,. I;QJ , I oft' " ~ .~ -'lI ...., ...... ~ I I I .:x .. 01 (J).,.:;I CD <J) 'CD ~ I 01 01 01 r' dII CD CD ell ~ co I" 0 -, N I (Jot .~ :<: "'I (]I (7) -'lI (J) "' O. ...... -I I [I ! .... ' . I 'tt :: ~~I~ ~ ~ Gl ~~I~l~lg;\~,: .lJ---4 i!I1 I I t' N~ .'..N ~ 8 ~,c~~~ i"~a.. ~~ " III . III III ;: · . . <1' ~ IC>> U) 0 ~ : "-. I t :It U1 UI, UI U\ 01 ~- NI"''' (II ~.. !~C =1", I '" 1.>1 ~ 11.>1 (X) U> 0 - N!~ . t : llt _i_ ' 0\ ~ Q) 1ft ..., hi ~ ()I "" I ~ 100 ~, _. 0 = lOW - V' - . . , ~C ~ ~ \10N\1~'tf-''J 1 \ ~-l , I . _.'. . '.-" ~<:. - b" . ,~ \,J. ~ ..~ .) )~ ~_.- ~------ ..-. to I . / . I I / ,./ r~ " c \' ,/ / Page 1 of 1 http://209 . 149.206.202/outputJPa1ms_ GRMIMSSRV250827122784.png 11/16/2006 Page 1 of 1 0J70 ~ ~ el h~ 0010 0:00 , 001.0 cup/ / 0050 ??oo 0012 0014 0013 0015 1= ~ ~ ^"^ 012:l 0170 0130 0100 0140 0150 0016 0018 0017 0019 ~ ~ .>, ~. o ;Xl 0:00 IYO'l ??oo ??oo 0010 0011 ;' '" /' /' ./ .A, ./ / ./ " ./ A. ./ ./ ,.,-),,, ,.,- '" ~\ /' ,.,- ),,.,- ;' --\ '" ??oo / " ./ ./ A " ,.,- ,.,- "" ./ A ./ A'" .r ",,/ "./ "'" A .... ./ / "'" --\ ./ /' .... /' A" "".... .... / .".A,"'" ./;,".... :..'" / '" ./ '" / ..... /' "" / ./ '" http://209.149.206.233/outputlMapIT _ COVOPTSR V 596389216598.png 11/16/2006 1 V olusia County Property Appraiser's Office Page 1 of3 .. Volusia County Appraisers Office } The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Vol usia County Property Appraiser's Office ~~',; Last Updated: 11-07-2006 ~n.... Today's Date: 11-16-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. ~-,~=.::;:;;;; Volusia County Property Appraiser FLORIDA Full ParcellD 02-18-34-01-00-0190 Mill Group 604 EDGEWATER Short Parcel ID 8402-01-00-0190 Alternate Key 3905563 Millage Rate 21.52880 Parcel Status Active Parcel PC Code 89 Date Created 06 JAN 1982 Owner Name CIlY OF EDGEWATER Owner Name/Address 1 Owner Address 2 104 N RIVERSIDE DR Owner Address 3 EDGEWATER FL Owner Zip Code 321321716 Location Address 103 W INDIAN RIVER BLVD EDGEWATER LEGAL DESCRIPTION I r GO TO ADD'L LEGAL I LOTS 19 & 20 EXC NEW R/W FOR ST RD 44 IN 5 67.50 IT MEAS ON ElL & LOTS 21 TO 24 INC & LOTS 41 & 42 EXC NEW R/W FOR ST RD SALES HISTORY # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 2849 1071 7/1986 Warranty Deed Multi parcel sale No 45,000 HISTORY OF VALUES I GO TO ADD'L HISTORY I , YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 25,000 551,830 19,068 595,898 595,898 595,898 0 2005 25,000 610,108 12,460 647,568 647,568 647,568 0 LAND DATA TYPE OF LAND FRONTAGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST USE UNITS TYPE VAL http://webserver.vcgov.org!cgi-bin/mainSrch3.cgi 11/16/2006 \ Volusia County Property Appraiser's Office Page 2 of3 MUNICIPAL No Data No 1.25 ACREAGE 20000.00 100 100 100 100 25,000 Data NEIGHBORHOOD 6794 FLA. SHORES-BETWEEN 16TH&20THs* CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 25,000 BUILDING CHARACTERISTICS BUILDING 1 OF 1 I ... GO TO BLDG SKETCH I I Effective Age 20 Next Review 2005 Obsolescence Functional 0% Year Built 1988 Locational 0% Quality Grade 350 Architecture Base Perimeter 150994944 BUILDING CHARACTERISTICS PROPERTY TYPE Municipal Use EXTERIOR WALL TYPE 0/0 STRUCTURE TYPE Concrete / Masonry RIBBED/ORNAMENTALCONC 100 Walls BLOCK BUILDING REFINEMENTS Description # of Units Unit Type Baths, 2-Fixture 6 UB Extra Fixture 1 UB Section Wall #Of Year Bsmt Ground Interior % Sprinkler AC? # Height Stories Built % Floor Area Finish(es) 1 16.00 1 1988 0.00 10047 Library 100.00 No Yes 2 10.00 1 1988 0.00 1212 Finished Open Porch 1.00 No No MISCELLANEOUS IMPROVEMENTS TYPE NUMBER UNIT LIFE YEAR GRADE LENGTH WIDTH DEPR. UNITS TYPE IN VALUE UGHT PK LOT 3 UT 20 1988 5 0 0 282 PAVING 15760 SF 15 1988 3 0 0 18,786 CONCRET PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BLDG http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/16/2006 . V olusia County Property Appraiser's Office Page 3 of3 2004364 17,500.00 2-24- 2004 11-1- 1987 Unknown o 9549 460,000.00 11-1-1988 NC LIBRARY DR/EGD 11 o The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed TOTAL VALUES during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section above. land Just Val 25,000 New Construction 0 Buildings 551,830 City Econ Dev I Historic Taxable 0 Miscellaneous 19,068 Total Just 595,898 Total Assessd 595,898 Previous Assessd Val 595,898 Exemptions 595,898 Total Taxable 0 Previous Taxable Val 0 I MaplT I PALMS I Map Kiosk-' Parcel Notes MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers including parcels. http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 11/1612006 ., Map Output Page 1 of 1 Volusia County Property Appraiser 123 W. Indiana Ave. DeLand, Florida 32720 www.volusia.org/property/ Seleded Features HIGHWAYS .' ...1..../ ~ U.s.H~ PARCELS ;V o http://maps.vcgov.org!servlet!com.esri.esrimap.Esrimap?ServiceName=Palms&Client V er,.. 11/1612006 Map Output Page 1 of 1 BRADDOCK ~iiiil Volusia County Property Appraiser 123 W. Indiana Ave. DeLand, Florida 32720 www.volusia.org/property/ Selected Features HIGHWAYS .....,/'~ ~ .' ~ us. Higl'""""f o PARCELS http://maps.vcgov.org/servlet/com.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/16/2006 V olusia County Property Appraiser's Office Page 1 of3 II \/01 usi a County Appraisers Offi ce J The Vol usia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Volusia County Property Appraiser's Office \1,.;- Last Updated: 11-07-2006 .....7:'1- Today's Date: 11-16-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. ~-\~~ Volusia County Property Appraiser FLORIDA Full ParcellD 02-18-34-01-00-0690 Mill Group 604 EDGEWATER Short ParcellD 8402-01-00-0690 Alternate Key 3905679 Millage Rate 21.52880 Parcel Status Active Parcel PC Code 01 Date Created 06 JAN 1982 Owner Name BRADDOCK JAMISON 0 & DEBRA M Owner Name/Address 1 Owner Address 2 1820 BANYAN TREE DRIVE Owner Address 3 EDGEWATER FL Owner Zip Code 321323508 Location Address 1820 BANYAN DR EDGEWATER LEGAL DESCRIPTION LOTS 69 TO 71 INC BLK 4 FLORIDA SHORES NO 1 MB 19 PG 209 PER 3027 PGS 2000 - - G-O TO ADD'L sAi:'ES -I SALES HISTORY # BOOK PAGE DATE INSTRUMENT QUALlFICA TION IMPROVED? SALE PRICE 1 3027 1998 8/1987 Quit Claim Unqualified Sale Yes 100 2 3027 2000 8/1987 Personal Rep. Unqualified Sale Yes 55,000 3 2978 1399 7/1987 Personal Rep. Family sale Yes 100 - - -, HISTORY OF VALUES GO TO ADD'L HISTORY YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 89,250 81,585 591 171,426 72,805 25,000 47,805 2005 48,105 85,440 686 134,231 70,684 25,000 45,684 lLANO DATA http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 11/16/2006 V olusia County Property Appraiser's Office Page 2 of3 TYPE OF LAND FRONTAGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST USE UNITS TYPE VAL IMP SFR TO .5AC No Data No 3.00 LOT 29750.00 100 100 100 100 89,250 PAVD Data NEIGHBORHOOD 6794 FlASHORES-BETWEEN 16TH&20THS* CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 89,250 BUILDING CHARACTERISTICS I - GOfOBIDG SKETCH- -.1 BUILDING 1 OF 1 Effective Age 20 Next Review 2005 Obsolescence Functional 0% Year Built 1978 Locational 0% Quality Grade 300 Architecture Base Perimeter 194 Improvement Type Single Family Roof Type GABLE Bedrooms 3 7FixBath 0 Roof Cover Asphalt / Composition Shingle Air Conditioned Yes 6FixBath 0 Wall Type Plastered Fireplaces 0 5FixBath 0 Floor Type Ca rpet XFixture 0 4FixBath 0 Foundation Concrete Slab Heat Method 1 Forced Ducted 3FixBath 2 Heat Source 1 Electric Heat Method 2 2FixBath 0 Heat Source 2 SECTION EXTERIOR WALL NUMBER YEAR ATTIC % % FLOOR # AREA TYPE TYPE OF BUILT FINISH BSMT BSMT AREA STORIES AREA FINISH 1 Heated Living CONCRETE OR 1.0 1978 N 0.00 0.00 1590 Sq. Area CINDER BLOCK Feet 2 Unfinished Non-Applicable 1.0 1990 N 0.00 0.00 350 Sq. Open Porch Feet 3 Finished Utility Non-Applicable 1.0 1978 N 0.00 0.00 90 Sq. Feet 4 Finished Non-Applicable 1.0 1978 N 0.00 0.00 440 Sq. Garage Feet 5 Unfinished Non-Applicable 1.0 1978 N 0.00 0.00 80 Sq. Open Porch Feet IMISCELLANEOUS IMPROVEMENTS I I I I I I I I I http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/16/2006 V olusia County Property Appraiser's Office Page 3 of3 . . TYPE NUMBER UNITS UNIT TYPE LIFE YEAR IN GRADE lENGTH WIDTH DEPR.VAlUE SHED RES 80 SF 50 1996 3 0 0 577 PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BlDG A2907 13,816.00 2-19- Unknown ADDmONS/ Al TERA nON 1 1991 The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed TOTAL VALUES during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section above. land Just Val 89,250 New Construction 0 Buildings 81,585 City Econ Dev I Historic Taxable 0 Miscellaneous 577 Total Just 171,412 Total Assessd 74,989 Previous Assessd Val 72,805 Exemptions 25,000 Total Taxable 49,989 Previous Taxable Val 47,805 jM'8piTl-PALMS ,- Map -Kiosk I Parcel NOteS -, MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers including parcels. http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/16/2006 Map Output . Page 1 of 1 TOMAZIN Volusia County Property Appraiser 123 W. Indiana Ave. DeLand. Florida 32720 www.volusia.org/propertyl Selected Features HIGHWAYS J.....,1~ .' fr U.s.H~ o PARCELS http://rnaps.vcgov.org/servlet/corn.esri.esrirnap.Esrirnap?ServiceNarne=Palrns&ClientV er... 11/16/2006 Map Output Page 1 of 1 TOMAZIN @'~iiili Volusia County Property Appraiser 123 W. Indiana Ave. DeLand, Florida 32720 www.volusia.org/propertyl Selected Features HIGHWAYS .J.'.~' ~ .' ~ US. Hq.,r.yf o PARCELS http://maps.vcgov.org/servlet/com.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/1612006 V olusia County Property Appraiser's Office Page 1 of3 iii Vol usia County Appraisers Office } The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Vol usia County Property Appraiser's Office ,Li" Last Updated: 11-07-2006 ~~~=~ Today's Date: 11-16-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. Volusia County Property Appraiser FLORIDA Full ParcellD 02-18-34-01-00-0670 Mill Group 604 EDGEWATER Short ParcellD 8402-01-00-0670 Alternate Key 3905661 Millage Rate 21.52880 Parcel Status Active Parcel PC Code 01 Date Created 06 JAN 1982 Owner Name TOMAZIN JOSEPH IV & PATRICIA E Owner Name/Address 1 Owner Address 2 1822 BANYAN TREE DR Owner Address 3 EDGEWATER FL Owner Zip Code 32132 Location Address 1822 BANYAN DR EDGEWATER LEGAL DESCRIPTION LOTS 67 & 68 BLK 4 FLORIDA SHORES NO 1 MB 23 PG 57 PER OR 16 13 PG 261 PER OR 5401 PG 2924 PER OR 5424 PG 2106 - I SALES HISTORY GO TO ADD'L SALES # BOOK PAGE DATE INSTRUMENT QUALlFICA TION IMPROVED? SALE PRICE 1 5424 2106 10/2004 Warranty Deed Family sale Yes 100 2 5401 2924 9/2004 Personal Rep. Unqualified Sale Yes 100 3 1613 261 7/1973 Warranty Deed Unqualified Sale Yes 36,000 HISTORY OF VALUES .- G(YTO AD6'L HiSTO"RY. ~ -I YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 59,500 93,046 6,627 159,173 140,833 25,000 115,833 2005 32,070 97,955 6,706 136,731 136,731 25,000 111,731 lLANO DATA http://webserver.vcgov.orglcgi-binlmainSrch3.cgi 11/16/2006 V olusia County Property Appraiser's Office Page 2 of3 TYPE OF LAND FRONT AGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST USE UNITS TYPE VAL IMP SFR TO .5AC No Data No 2.00 LOT 29750.00 100 100 100 100 59,500 PAVD Data NEIGHBORHOOD 6794 FLA.SHORES-BETWEEN 16TH&20THS* CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 59,500 BUILDING CHARACTERISTICS BUILDING 1 OF 1 GO TO BLDG SKETCH Effective Age 23 Next Review 2005 Obsolescence Functional 0% Year Built 1961 Locational 0% Quality Grade 300 Architecture Base Perimeter 188 Improvement Type Single Family Roof Type GABLE Bedrooms 3 7FixBath I Roof Cover Asphalt / Composition Shingle Air Conditioned Yes 6FixBath I Wall Type Plastered Fireplaces 1 5FixBath I Floor Type Terrazzo Monolithic XFixture 0 4FixBath I Foundation Concrete Slab Heat Method 1 Forced Ducted 3FixBath Heat Source 1 Electric Heat Method 2 2FixBath I Heat Source 2 SECTION EXTERIOR WALL NUMBER YEAR ATTIC % % FLOOR # AREA TYPE TYPE OF BUILT FINISH BSMT BSMT AREA STORIES AREA FINISH 1 Finished Non-Applicable 1.0 1961 N 0.00 0.00 720 Sq. Enclosed Porch Feet 2 Heated Living CONCRETE OR 1.0 1961 N 0.00 0.00 1584 Sq. Area CINDER BLOCK Feet 3 Finished Garage Non-Applicable 1.0 1961 N 0.00 0.00 360 Sq. Feet 4 Finished Open Non-Applicable 1.0 1961 N 0.00 0.00 192 Sq. Porch Feet 5 Unfinished Open Non-Applicable 1.0 1990 N 0.00 0.00 280 Sq. Porch Feet IMISCELLANEOUS IMPROVEMENTS I I I I http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/1612006 . V plusia County Property Appraiser's Office Page 3 of3 TYPE NUMBER UNIT LIFE YEAR GRADE lENGTH WIDTH DEPR. UNITS TYPE IN VALUE RES SWIM POOL 448 SF 30 1961 3 0 0 5,640 PATIO/CONCSLAB 672 UT 99 1961 3 0 0 969 PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANC' NUMBER AMOUNT ISSUED COMPLETED NBR BlDG 19970804008 0.00 8-5- 12-18-1997 WELL/PUMP/IRRIGATION 0 1997 A2460 1,100.00 3-28- Unknown ADDmONS/ AL TERA TION 1 1990 The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed TOTAL VALUES during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section above. land Just Val 59,500 New Construction ( Buildings 93,046 City Econ Dev I Historic Taxable ( Miscellaneous 6,609 Total Just 159,155 Total Assessd 145,058 Previous Assessd Val 140,83 Exemptions 25,000 Total Taxable 120,058 Previous Taxable Val 115,83 : MaPIT-I- PALMS I -Map Kiosk -'I Parcel Notes I MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers Including parcels. http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/16/2006 . Map Output Page 1 of 1 PARKING LOT Volusia County Property Appraiser 123 W. Indiana Ave. DeLand, Florida 32720 www.volusia.org/property/ Selected Features HIGHWAYS .J.V. ~ fr U.sH~ o PARCELS http://maps. vcgov .orgiservletlcom.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/16/2006 , Map Output Page 1 of 1 PARKING LOT ~iiill Volusia County Property Appraiser 123 W. Indiana Ave. DeLand, Florida 32720 www.volusia.org/property/ Selected Features HIGHWAYS ;V o ~ US. Higr-t PARCELS http://maps.vcgov.org/servlet/com.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/16/2006 . V olusia County Property Appraiser's Office Page 1 of2 1&1 Volusia County Appraisers Office J The Vol usia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Volusia County Property Appraiser's Office "\~'.... Last Updated: 11-07-2006 ~::~=~ Today's Date: 11-16-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. Volusia County Property Appraiser FLORIDA Full ParcellD 02-18-34-01-00-0630 Mill Group 604 EDGEWATER Short ParcellD 8402-01-00-0630 Alternate Key 3905652 Millage Rate 21.52880 Parcel Status Active Parcel PC Code 89 Date Created 06 JAN 1982 Owner Name CITY OF EDGEWATER Owner Name/Address 1 Owner Address 2 POBOX 100 Owner Address 3 EDGEWATER FL Owner Zip Code 321320100 Location Address 201 W INDIAN RIVER BLVD EDGEWATER LEGAL DESCRIPTION N 110.66 FT ON W/L & N 99.02 FT ON E/L LOTS 64 TO 66 INC BLK 4 FLORIDA SHORES NO 1 MB 23 PG 57 PER OR 4624 PGS 4728-4729 - - I SALES HISTORY GO TO ADD'L SALES # BOOK PAGE DATE INSTRUMENT QUALlFICA TION IMPROVED? SALE PRICE 1 4749 0781 8/2001 Quit Claim Government acquisition No 1 2 4624 4728 12/2000 Warranty Deed Government acquisition No 1 3 4540 1385 4/2000 Quit Claim Family sale No 1 . GO ro ADD'L HISTORY --I HISTORY OF VALUES I YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 1,375 0 0 1,375 1,375 1,375 0 2005 8,938 0 7,089 16,027 16,027 16,027 0 lLANO DATA http://webserver.vcgov.org!cgi-binlmainSrch3.cgi 11/1612006 , ~ Volusia County Property Appraiser's Office Page 2 of2 TYPE OF LAND USE FRONT AGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST UNITS TYPE VAL MUNICIPAL No Data No 2.75 LOT 500.00 100 100 100 100 1,375 Data NEIGHBORHOOD 6794 FLA.SHORES-BETWEEN 16TH&20THS* CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 1,375 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE NUMBER UNITS DEPR. VALUE PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OPCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BLDG 20010426092 0.00 4-27- 5-23-2001 WELL/PUM P /IRRIGA TION 0 2001 The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed TOTAL VALUES during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section above. Land Just Val 1,375 I New Construction 0 Buildings 0 I City Econ Dev I Historic Taxable 0 Miscellaneous 0 Total Just 1,375 Total Assessd 1,375 Previous Assessd Val 1,375 Exemptions 1,375 Total Taxable 0 Previous Taxable Val 0 f"MaplT Ip'ALMS -I Map Kiosk I Parcel Notes MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers including parcels. http://webserver.vcgov.org/cgi-binlmainSrch3.cgi 11/16/2006 .~-- --- ."""'t- ---.......;.- ' . ---.../r-- . 'f'~ .,T Map Output Page 1 of 1 Volusia County Property Appraiser 123 W. Indiana Ave. DeLand. Florida 32720 www.volusia.org/property/ Selected Featums HIGHWAYS .".' - u.s. HigY.way PARCELS ,N" o http://maps.vcgov.orgjservlet/com.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/16/2006 Map Output Page 1 of 1 COMMERCIAL LOT ~/-'-'"/ // /- / --'" /_./......... /r/"..r / ( \ ~ \ V ",/ \ /"' \ _/ \// // ~iiill Volusia County Property Appraiser 123 W. Indiana Ave. DeLand. Florida 32720 www.volusia.org/propertyl Selectad Features HIGHWAYS .",,/~ l ~ u.s. HiglKo>f o PARCELS http://maps.vcgov.org/servlet/com.esri.esrimap.Esrimap?ServiceName=Palms&ClientV er... 11/16/2006 V olusia County Property Appraiser's Office Page 1 of2 .. Volusia County Appraisers Office J The Vol usia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are proVided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Vol usia County Property Appraiser's Office ,li.,. Last Updated: 11-07-2006 '"""0- Today's Date: 11-16-2006 Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. ~- ~-=::;;;:::;; Volusia County Property Appraiser FLORIDA Full ParcellD 02-18-34-55-00-0020 Mill Group 604 EDGEWATER Short ParcellD 8402-55-00-0020 Alternate Key 5833496 Millage Rate 21.52880 Parcel Status Active Parcel PC Code 10 Date Created 04 JAN 1999 Owner Name STULL CONSTRUCTION INC Owner Name/Address 1 Owner Address 2 1931 EVERGREEN DR Owner Address 3 EDGEWATER FL Owner Zip Code 32141 Location Address W INDIAN RIVER BLVD EDGEWATER I . - - - I LEGAL DESCRIPTION GO TO ADD'L LEGAL LOT 2 EXC NEW R/W FOR ST RD 442 IN W 26.01 FT ON S/L OF S 26 .00 FT ON W/L ECKERD AT EDGEWATER SUB MB 47 PGS 8 & 9 PER 0 SALES HISTORY # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 5633 954 8/2005 Warranty Deed Qualified Sale No 250,000 HISTORY OF VALUES I GO TO ADD'L HISTORY I YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 199,060 0 0 199,060 199,060 0 199,060 2005 123,448 0 0 123,448 123,448 0 123,448 LAND DATA TYPE OF LAND FRONTAGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST USE UNITS TYPE VAL http://webserver.vcgov.org!cgi-binlmainSrch3.cgi 11/16/2006 V olusia County Property Appraiser's Office Page 2 of2 VACANT 150.0 208.0 30862.00 SQUARE 6.45 100 100 100 100 199,060 COMMERCIAL FEET NEIGHBORHOOD C7822 COMMERCIAL-EDGEWATER-HWY US 1 * CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 199,060 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE NUMBER UNITS UNIT TYPE DEPR.VALUE PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BLDG NONE The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed TOTAL VALUES during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section above. Land Just Val 199,060 New Construction 0 Buildings 0 City Econ Dev I Historic Taxable 0 Miscellaneous 0 Total Just 199,060 Total Assessd 199,060 Previous Assessd Val 199,060 Exemptions 0 Total Taxable 199,060 Previous Taxable Val 199,060 I MaplT I PALMS r-""Map-KlOsk -, Parcel Notes MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers including parcels. http://webserver.vcgov.org!cgi-bin/mainSrch3.cgi 11/16/2006 'OJ :lJlIUJnSUl :l\l!1 UUJp:llUV ISJ!~ (I' :'IUl 'dnoJD :l1l!1 puul P;llU!:'IOSSV (( uO!1UJodJoJ :l~lJalJoJ!-J JVl^lD (z: U!Zl1lu04J. 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AGENDA REQUEST Date: December 22. 2006 PUBLI C HEARING Januarv 8.2007 ORDINANCE X RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-45 Sid C. Peterson, Jr., requesting annexation of 79.18:1: acres ofland located south of the Taylor Road and Glencoe Road intersection. OWNER: Hanson & McCallister, Inc. APPLICANT/AGENT: Sid C. Peterson, Jr. REQUESTED ACTION: Annexation PROPOSED USE: Single and Multi-family residential LOCATION: South of the Taylor Road and Glencoe Road intersection. AREA: 79.18:1: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Rural ZONING DISTRICT: Volusia County - A-2 (Rural Transitional) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural Family Residential Agriculture), RA (Rural and Commercial Agriculture) East Vacant and Single- Volusia County - Rural and Vol usia County A-2 (Rural Family Residential City Public-Semi- Public with Agriculture) and City P/S- P Conservation Overlay (Public/Semi - Public) South Vacant Volusia County - Rural and Vol usia County - A-2 (Rural Environmental Systems Transitional) , RC (Resource Corridor Corridor) West Vacant V olusia County - Rural and Volusia County - A-2 (Rural Environmental Systems Transitional), FR (Forestry Corridor, Low Impact Urban Resource) and RC (Resource and Forestry Resource Corridor) AN-0601 - Peterson Background This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the recently annexed Snowden property and City owned property to the south. The property is compact 0 and contiguous to the existing City limits. The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at their November 8, 2006 meeting. City Council approved the annexation request on December 4, 2006. Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site has access via an easement to South Glencoe Road. This property has access to a lO-inch water main and a lO-inch force main for wastewater purposes. Any extension and/or upgrade of public facilities shall be the responsibility of the developer. Natural Environment An Environmental Analysis shall be required and approved by the City prior to anyon-site development. Comprehensive Plan Consistency Policy 1.8.3 of the Comprehensive Plan Future Land Use Map states: "New development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities." Other Matters A large-scale Comprehensive Plan Future Land Use Map and Zoning Map amendment shall be presented at a later date. u STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-45; annexing 79.18:1:: acres ofland located south of the Taylor Road and Glencoe Road intersection. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-45. PREVIOUS AGENDA ITEM: YES X NO DATE: 12-4-06 AGENDA ITEM NO. 7A Respectfully Submitted By: '~rr,d~~ Robin Matusick Paralegal ~.c.\.U~~\.\~.. J n C. WlllIams City Manager Darren Lear Development Services Director o AN-0601 - Peterson 2 ORDINANCE NO. 2006-0-45 u AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF THE TAYLOR ROAD AND GLENCOE ROAD INTERSECTION, VOLUSIA COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Hanson & McCallister, Inc., owner hereby authorizes Sid C. Peterson, Jr., to act as U agent/applicant for annexation of property located South of the Taylor Road and Glencoe Road intersection, within V olusia County, Florida. Subject property contains approximately 79.18::!: acres. 2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. During the Planning and Zoning Board meeting on November 8, 2006, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. 5. The City Council is desirous of annexing the real property described herein and finds u Shuck tI.lou2,h passages are deleted. Underlined passages are added. 2006-0-45 1 and determines the area proposed to be annexed to be reasonably compact and contiguous to the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries ofthe City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. The boundaries of Voting District 1 of the City of Edge water are hereby designated to include the property described herein. 4. Pursuant to Section 2.01 ofthe Charter ofthe City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 5. Within seven (7) days after adoption, copies of this ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. StltlGk t1l1ongh passages are deleted. Underlined passages are added. 2006-0-45 2 o o o u PARTB. 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 or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for U recording into the public records of Vol usia County, Florida. Q PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. StlUck tluongh passages are deleted. Underlined passages are added. 2006-0-45 3 PARTF. ADOPTION. o After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on December 4,2006, was as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Debra J. Rogers ---1L Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X After Motion to approve by and Second by , the vote on the second reading/public hearing of this ordinance held on January 8, 2007, was as follows: () AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Shuck tluongh passages are deleted. Underlined passages are added. 2006-0-45 4 () u u u PASSED AND DULY ADOPTED this 8th day of January, 2007. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid StltlGk tluotl~ll passages are deleted. Underlined passages are added. 2006-0-45 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 8th day of January, 2007 under Agenda Item No. 7_. 5 EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. U. S. Lot 1, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34 East, Volusia County, Florida being described as follows: For a Point of Beginning, commence at the northeast comer of said Section 6, said point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00021'00" West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of 50.01 feet; thence North 18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North 73008'10" East, a distance of 47.17 feet; thence North 61018'40" East, a distance of 1 000.00 feet; thence North 28041'20" West, a distance of500.00 feet; thence South 61018'40" West, a distance of 1000.00 feet; thence South 28041'20" East, a distance of 448.92 feet; thence South 73008'10" West, a distance of 73.33 feet; thence North 28047'43" West, a distance of574.76 feet to a 4" x 4" concrete monument with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of said Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of1700.30 feet to the Point of Beginning. Containing 79.18 .::!:. acres more or less. Stl t1Gk tluongll passages are deleted. Underlined passages are added. 2006-0-45 6 o o o u f a fI) g. ~ <I ,~ ~ .! z ~ .~ ~ ~i u \ \ \ \ ~ i \. \ \ \ \... \ \ \ \ . \.' \. .y' .\ \ \ .\ \ \ \ .\ '\ \ , \ \\ \\ \\ ,,\ \' \\ \\ \\ \\::" \\ \\ \\ \\ \' L "1j'--' \ \ I \ :\ .f:L \ \ \ .\ \ \, I \,.'- .. ,,- .,. , \ \. \ \. l~-, \--- ,- .-.-' ;,,-- ....,-. , i ~ I" , / Ij (. .i.. , j '- , v o v l~_ AGENDA REQUEST Date: December 22. 2006 PUBLIC HEARING January 8. 2007 RESOLUTION ORDINANCE X BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-46 Glenn D. Storch requesting annexation of 20.28:1: acres of land located south of Two Oaks Drive and north of 27th Street. OWNER: Omer and Paulette Stull APPLICANT/AGENT: Glenn D. Storch REQUESTED ACTION: Annexation PROPOSED USE: Single Family Residential LOCATION: South of Two Oaks Drive and north of 27th street AREA: 20.28:1: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Desi~nation Zonin~ District North Single Family Medium Density Residential Majestic Oaks (Court Order - Residential max 200 units) East Vacant and Single Volusia County - Urban Low Volusia County - MH-5 (Urban Family Residential Intensity Mobile Home) and R-3 (Urban Single Family Residential) South Single Family Low Density Residential R-2 (Single Family Residential) Residential West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban Intensity Single Family Residential) Background This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single- family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at their November 8, 2006 meeting. AN-0602 - Stull -. ~ City Council voted to approve the annexation at first reading on December 4,2006. Land Use Compatibility The proposed use is compatible with the residential properties to the north, south and west. o Adequate Public Facilities This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this site. Development of this site will require preliminary plat and construction plan approval. Construction plans shall include details of all required infrastructure including but not limited to: water, sewer, streets, sidewalks and streetlights. Natural Environment Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand. Prior to development as part of the preliminary plat review an environmental analysis for wetlands, threatened and endangered species etc., shall be required. All issues related to the reports shall be addressed prior to construction. Comprehensive Plan Consistency The annexation of this site is consistent with Policy 1.8.2, which states "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible." Other Matters A Future Land Use and Zoning Map amendment shall come at a later date. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-46; annexing 20.28:1: acres ofland located south of Two Oaks Drive and north of 27th street ACTION REQUESTED Motion to approve Ordinance No. 2006-0-46. o PREVIOUS AGENDA ITEM: YES X NO DATE: 12-4-06 AGENDA ITEM NO. 7B :~~dBY Development Services Director .~ rr--o~ .l.tj~ Robin Matusick "\ Paralegal . ~ \,\~ () AN-0602 - Stull 2 7 ORDINANCE NO. 2006-0-46 v AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF 27TH STREET, VOLUSIA COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Orner and Paulette Stull, owner/applicant for annexation of property located South '-.J of Two Oaks Drive and North of 27th Street, within Volusia County, Florida. Subject property contains approximately 20.28 j: acres. 2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. During the Planning and Zoning Board meeting on November 8, 2006, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. 5. The City Council is desirous of annexing the real property described herein and finds Stltlc,k t1uongh passages are deleted. Underlined passages are added. U 2006-0-46 " and determines the area proposed to be annexed to be reasonably compact and contiguous to the City. - u NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. The boundaries of Voting District 3 of the City of Edgewater are hereby designated to include the property described herein. o 4. Pursuant to Section 2.01 ofthe Charter ofthe City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 5. Within seven (7) days after adoption, copies of this ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. Stlnck tl1I6n~h passages are deleted. Underlined passages are added. 2006-0-46 2 u '-.J o u 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 or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or 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 Vol usia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. Shtick thlOtl5h passages are deleted. Underlined passages are added. 2006-0-46 3 PART F. ADOPTION. After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers, \.) the vote on the first reading of this ordinance held on December 4,2006, was as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X After Motion to approve by and Second by , the vote on the second reading/public hearing of this ordinance held on January 8, 2007, was as follows: AYE o NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stt nGk till on~h passages are deleted. Underlined passages are added. 2006-0-46 4 (j - u PASSED AND DULy ADOPTED this 8th day of January, 2007. ATTEST: Susan J. Wadsworth City Clerk CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By:_ Mike Thomas Mayor Robin L. Matusick Paralegal ~ For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: CarolYn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the City of Edgewater at a meeting held on this 8th day of Jauuary, 2007 under Agenda Item No. 7_. Strock thl vbgh passages are deleted. !Lnderli~ passages are added. 2006-0-46 5 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. The East ~ of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, V olusia County, Florida Containing 20.28 ::!: acres more or less. Stlth::.k t1uotlgh passages are deleted. Underlined passages are added. 2006-0-46 6 u o (.) f ~ IS- ,- Q:: <I ~ 13 z ~ .Q) ~i ~ \r-" ~ ... . u Q u 1.C. AGENDA REQUEST Date: Januarv 4.2007 PUBLI C HEARING Januarv 8.2007 ORDINANCE RESOLUTION X BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: Resolution No. 2007-R-Ol Acknowledgment, recognition and determination that property owners rights to construct buildings in excess of 35-feet pursuant to certain Planned Unit Development (PUD) Agreements that were approved by the City prior to November 7,2006 and are determined to have vested rights and not subject to the 35-foot height limit imposed by the Charter amendment. APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approval of Resolution No. 2007-R-Ol determining vested rights for certain PUD Agreements previously adopted by City CounciL Background: On November 7, 2006, the voters of the City of Edgewater passed a Charter amendment limiting the building height within the City of Edgewater to 35-feet. Several developments within the City have RPUD agreements, which were approved and adopted by City Council prior to the November 7,2006 election. On December 11, 2006, City Council held a workshop to discuss the outcome ofthe Charter amendment and the affect it would have on development within the City. Council determined at that time to review the adopted PUD Agreements and determine vested rights at their regular meeting. STAFF RECOMMENDATION Staff recommends approval of Resolution No. 2007-R-OL acknowledging property owners rights to construct buildings in excess of 35-feet pursuant to vested Planned Unit Development Agreements. ACTION REQUESTED Motion to approve Resolution No. 2007-R-01. PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully Submitted By: ~ ~l b.r:... f"r".. n J u ""-cAe..., Ro in M~tusi~k Paralegal "v-C2.0~~~'T'. J. C. Williams \ i Cl y Manager I vested rights ~ THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: u Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 (407) 423-7656 RESOLUTION NO. 2007-R-Ol (Vested Rights Determination for Approved PUD Agreements) A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING THAT THE CITY COUNCIL OF THE CITY OF EDGEWATER ACKNOWLEDGES, RECOGNIZES AND DETERMINES THAT PROPERTY OWNERS' RIGHTS TO CONSTRUCT BUILDINGS IN EXCESS OF 35 FEET PURSUANT TO CERTAIN PLANNED UNIT DEVELOPMENT AGREEMENTS THAT WERE APPROVED BY THE CITY PRIOR TO NOVEMBER 7, 2006 ARE DETERMINED TO BE VESTED RIGHTS, AND ACCORDINGLY, NOT SUBJECT TO THE 35 FEET HEIGHT LIMITATION IMPOSED BY THE CITIZEN INITIATIVE CHARTER AMENDMENT THAT WAS APPROVED BY THE VOTERS OF THE CITY OF EDGEWATER AT THE NOVEMBER 7, 2006 ELECTION, SUBJECT TO CERTAIN LIMITATIONS; PROVIDING THAT THE CITY COUNCIL OF THE CITY OF EDGEW A TER ACKNOWLEDGES, RECOGNIZES AND DETERMINES THAT A PROPERTY OWNER'S RIGHT TO RELY ON THE DEFINITION OF "BUILDING HEIGHT" CONTAINED IN THE EDGEW A TER LAND DEVELOPMENT CODE FOR THE PURPOSE OF CALCULATING THE MAXIMUM BUILDING HEIGHT PERMITTED UNDER A PLANNED UNIT DEVELOPMENT AGREEMENT APPROVED BY THE CITY PRIOR TO NOVEMBER 7,2006 IS A VESTED RIGHT, AND SHALL NOT BE BOUND BY THE DEFINITION OF BUILDING HEIGHT CONTAINED IN THE CITIZEN INITIATIVE CHARTER AMENDMENT THAT WAS APPROVED BY THE VOTERS OF THE CITY OF EDGEWATER AT THE NOVEMBER 7, 2006 ELECTION, SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. o WHEREAS, on November 7,2006, the voters of the City of Edgewater approved a citizen initiative amendment to the Edgewater City Charter that limits the height of new buildings within 0 the City to a maximum of 35 feet (the "Height Amendment"). The full text of the Height (Resolution/2007-R-0 1) 1 '( u u Amendment is attached hereto as Exhibit" A" and by this reference made a part hereof; WHEREAS, Section (d) of the Height Amendment provides: Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. . . . WHEREAS, the effective date of the Height Amendment is November 7,2006, the date of its approval by the voters of the City of Edgewater; WHEREAS, prior to November 7, 2006, the City Council approved of and entered into those certain Planned Unit Development Agreements identified and more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (each, an "Approved PUD Agreement" and collectively, the "Approved PUD Agreements"); WHEREAS, many of the Approved PUD Agreements allow for building heights in excess of 35 feet; WHEREAS, the Height Amendment provides a definition of "building height" that is inconsistent with the definition of "building height" contained in the Edgewater Land Development Code; WHEREAS, Section (b) of the Height Amendment defines "building height" as "the vertical distance from the elevation of the crown of the road of the nearest adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs" (the U "Charter Building Height Definition"); (Resolution/2007-R-O 1) 2 WHEREAS, Section 21-20.02 ofthe Edgewater Land Development Code defines "building u height" as the "vertical distance measured from the required minimum floor elevation to the highest point of the roof' (the "LDC Building Height Definition"); WHEREAS, the City Council of the City of Edgewater desires to acknowledge, recognize and determine that a property owner's right to construct buildings in excess of 35 feet pursuant to an Approved PUD Agreement is vested and not subject to the height limitation imposed by the Height Amendment, subject to the provisions and limitations set forth in this Resolution; and WHEREAS, the City Council of the City of Edgewater desires to acknowledge, recognize and determine that a property owner's right to rely on the LDC Building Height Definition for the purpose of calculating the maximum building height permitted under an Approved PUD Agreement is vested, and shall not be bound by the Charter Building Height Definition, subject to the provisions and limitations set forth in this Resolution. () NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Article VIII ofthe Constitution ofthe State of Florida and Chapter 166, Florida Statutes. SECTION 2. Vested Ril!hts for Buildings in Excess of35 Feet. The City Council of the City of Edgewater, Florida, hereby acknowledges, recognizes and determines that a property owner's right to construct buildings in excess of35 feet pursuant to an Approved PUD Agreement is a vested right, and accordingly, such property owner is not subject to the height limitation imposed by the Height Amendment with respect to development that complies with the Approved PUD Agreement, provided, however, that if (i) the City terminates an approved PUD Agreement o due to a default by the property owner or his agent or assigns, or (ii) an approved PUD Agreement (Resolution/2007-R-O I) 3 ~ (; <.; u is terminated in accordance with its terms, then the City shall consider any vested rights to construct buildings in excess of 3 5 feet under such approved PUD Agreement to have lapsed. The foregoing vested rights shall not preclude the City from requiring compliance with the Height Amendment as a condition to amend an approved PUD Agreement. SECTION 3. Vested Rights to Rely on LDC Building Height Definition. The City Council of the City of Edge water hereby acknowledges, recognizes and determines that a property owner's right to rely on the LDC Building Height Definition for the purpose of calculating the maximum building height permitted under an approved PUD Agreement is a vested right, and shall not be bound by the Charter Building Height Definition for such purpose, provided, however, that if (i) the City terminates an approved PUD Agreement due to a default by the property owner or his agent or assigns, or (ii) an approved PUD Agreement is terminated in accordance with its terms, then the City shall consider any vested rights to rely on the LDC Building Height Definition for the purpose of calculating the maximum building height permitted under such approved PUD Agreement to have lapsed. The foregoing vested rights shall not preclude the City from requiring compliance with the Height Amendment as a condition to amend an approved PUD Agreement. SECTION 4. Recordation. A certified copy of this Resolution shall be filed with the Clerk of the Circuit Court, V olusia County and duly recorded among the Public Records of V olusia County, Florida. SECTION 5. Severability. Ifany 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 6. Effective Date. This Resolution shall become effective upon passage and (Resolution/2007-R-O 1) 4 adoption. PASSED AND ADOPTED this day of After Motion for approval by ,2007. and Second by , the vote on this Resolution was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this ATTEST: Susan 1. Wadsworth, City Clerk (Seal) For use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esq. Special Counsel Foley & Lardner LLP (Reso lution/2007 - R -0 1 ) AYE NAY day of ,2007 APPROVED: CITY OF EDGEWATER, FLORIDA By: Mike Thomas, Mayor Robin L. Matusick, Paralegal Approved by the City Council of the City of Edgewater at a meeting held this _ day of , 2007 under agenda Item No. 5 u o u ; u u u EXHIBIT" A" (The "Height Amendment") Article I, Section 1.01 (a)( 1) (a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to exceed a building height of 35 feet. (b) Building height means the vertical distance from the elevation of the crown of the road of the nearest adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, ftre towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. (Resolution/2007 -R -0 I) 6 EXHIBIT "B" (The "Approved pun Agreements") u 1. Residential Planned Unit Development (RPUD) Agreement by and among the City of Edgewater, Mercedes Homes, Inc., Larry McCaskill, and Silkco, LLC (Reflections), dated July 10,2006 and recorded August 15,2006 in Book 5915, Page 1550, Public Records of Vol usia County, Florida. 2. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and River Colony Inc., dated December 5, 2005, and recorded January 17, 2006 in Book 5747, Page 2256, Public Records of Vol usia County, Florida. 3. Planned Unit Development (PUD) Agreement by and between the City of Edgewater and Edgewater Harbor, LLC, dated June 21,2004, and recorded June 23, 2004 in Book 5346, Page 557, as amended by Amendment No.1 to Planned Unit Development (PUD) Agreement dated April 3 , 2006, and recorded May 2, 2006 in Book 5819, Page 4092, both of the Public Records of Vol usia County, Florida. 4. Planned Unit Development (PUD) Agreement by and between the City of Edgewater and Julington Oaks Investments, L.L.C., dated January 23, 2006, and recorded February 8, 2006 in Book 5763, Page 2534, Public Records of Vol usia County, Florida. 5. Planned Unit Development (PUD) Agreement by and between the City of Edgewater and Worthington Creek Investment, LLC, dated January 23,2006, and recorded February 8, 2006 in Book 5763, Page 2502, Public Records of Vol usia County, Florida. (j 6. Planned Unit Development Agreement by and between the City of Edgewater and Massey Enterprises (Villas at Massey Ranch), dated December 19,2005, and recorded February 8, 2006 in Book 5763, Page 2478, Public Records of Vol usia County, Florida. 7. Planned Unit Development (PUD) Agreement by and between the City of Edge water and Oak Leaf Preserve, Inc., dated March 5, 2005, and recorded March 29,2005 in Book 5518, Page 1776, Public Records of Vol usia County, Florida. 8. Development Agreement for ParkTowne Industrial Center by and among the City of Edge water, Oscar Zeller and Julian Green, Massey Enterprises, Scott S. and Jennifer P. Porta, and Dr. Lesli and Rita Morgan, dated February 3, 2003, and recorded May 8, 2003 in Book 5070, Page 2930, and re-recorded April 18, 2005 in Book 5534, Page 1733, both of the Public Records of V olusia County, Florida. 9. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and Coral Trace, LLC, dated October 20, 2003, and recorded November 26, 2003 in Book 5214, Page 2491, Public Records of Volusia County, Florida. To include the Residential Planned Unit Development Agreement, Coral Trace - Amendment # 1, dated April 17,2006, and recorded April 21, 2006 in Book 5814, Page 260, Public Records of Vol usia County, Florida. o (Resolution/2007-R-O 1) 7 ; u u u 10. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and SeaEdge Partners, LLC (Edgewater Lakes Subdivision), dated February 14, 2004, and recorded February 23,2004 in Book 5264, Page 621, Public Records of Vol usia County, Florida. 11. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and Dupuis & Jacobs at Edgewater, LLC (Pinehurst Subdivision), dated November 17, 2003, and recorded November 23, 2003 in Book 5211, Page 4387, Public Records of Volusia County, Florida. 12. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and AH Edgewater, LLC (River Oaks), dated May 15,2005, and recorded May 30, 2006 in Book 5840, Page 22, Public Records of Vol usia County, Florida. 13. Residential Planned Unit Development (RPUD) Agreement by and between the City of Edgewater and Targator Partners, LLC (Riverside Villas), dated May 2,2005, and recorded , 2006 in Book , Page , Public Records of V olusia County, Florida. (Resolution/2007-R-O 1) 8 f v u u ~ ~.{t ~ AGENDA REQUEST Date: December 15.2006 PUBLIC HEARING ORDINANCE RESOLUTIONS BOARD APPOINTMENT OTHER BUSINESS 1/8/07 CONSENT ITEM DESCRIPTION: Edgewater Animal Control Board appointment. BACKGROUND: Donna Wagner has requested reappointment to the Edgewater Animal Control Board. Donna Wagner currently holds the Chairperson position on the Edgewater Animal Control Board. Membership of the Edgewater Animal Control Board consists of five (5) members appointed by Council. STAFF RECOMMENDATION: Reappoint Donna Wagner to the Edgewater Animal Control Board. ACTION REOUESTED: Motion to reappoint Donna Wagner to the Edgewater Animal Control Board. FINANCIAL IMP ACT: (FINANCE DIRECTOR (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: NA YES NO X DATE: N/A AGENDA ITEM NO.: Agenda.request.fonn.rev.2/16/2000 -. - ~ t () December 14, 2006 City of Edgewater Mayor Michael Thomas and Council P.O. Box 100 Edgewater, FL 32132 Re: Reappointment to the Animal Control Board Dear Mr. Thomas and Council: Please accept this letter as I wish to be reappointed to the Animal Control Board for another term. Sincerely, Donna Wagner Chairwomen o o ..... ~. December 14, 2006 City of Edgewater Mayor Michael Thomas and Council P.O. Box 100 Edgewater, FL 32132 Re: Reappointment to the Animal Control Board Dear Mr. Thomas and Council: Please accept this letter as I wish to be reappointed to the Animal Control Board for another term. Sincerely, Donna Wagner Chairwomen .: () o o , ' . '. . . 11-07-~6 P03:28 I~ THE CITY OF EDGE WATER l;.' . . POST OFFICE BOX100-EDGEWATER,PLORIDA '32132-0100 '. . .]iJ?PLICATIONFOR APPOIN'l'MENT TO CITY BOAlU>S OR. COMMITTEES 'NAMFi . /ldf/~ iUALiaku- . , , .. ", ADDRESS~c2~ i/uiJLlAU M. HOME paONE -itJ9-5S9 () ..' BUSINESS PHONE ~c:9~ -d7Y-~:S-O 9' 'OCCUPATION d,S. fJtJJi/a. -P Sf; /) j /( ('~ /. Are you a resident. of Ed.gewater~~ How lOngi?-:J"~.J.. j Is your principal place of employment ih Edgewater? ~ if yes how long? . Bri.efly state your interest in serving on aCi ty board or u ..Are you employed by the City?/U)Do you 'hol~.p~blicoffice? iLl> .At the present t,ime, do you serve on any other Boards or coinmittees? M If so, list ecich: Have you ever served on any boards, agencies, or committe~s~ If so, list each:' (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE . WITH THE STATE, FINANCIAL DISCL9SURE FORMS EACH YEAR) .' . PLEASE INDICATE BOARDS OR COMMITTEES YOU WoULD LIKE. TO SERVE ON AND . RANK THEM ACCORDING. TO CHOICE BY NUMBER . bI'wu,CONTROL BOARD' _CITTZENCODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD _____GENERAL EMPLOYEES PENSION BOARD ._____LIBl\ARy BOARD _____RECREATION. & CULTURAL SERVICES _____PLANNING & ZONING BOARD _POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE u SIGNATURE SEE REVERSE DATE: 11/7 /O;P (2-10-03) .' .//-U'j-06 P03:28./N . THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWATER. 'PLORIDA32132-01 00 . . APPLIcATION .FOR APPOINTMENT W' CITY BOAlU)S OR. COMMITTEES, NAME 1)o."lAJ"-' i+AKif ADDRESSOl2,\.\ t>~~e+ve-e. J)r €J5~wo--t--v-~\ ~'"ZI~{ HOME PHONE . Lj OCf - S 570, BUSINESS PHONEZ S L '7'7... 7 z...... .OCCUPATION yYI tlN" 5V Are you a resident of Ectgewater o ~ How long &, va> NO Is your principal 'place of 'employment ih Edgew~ter? if yes how long?' Bri.efly state your interest in serving on a City board or . . committee: ~ ~'t.\J>'i\1 ~ '\"'~\J~' \)J\\-\-.... ~J.s~ v.. c'-t-"'" .A'f'\\ "',,\ f)\.-.~\-W State your experience/qualifications I II'L- ~\.... &~V\'-c....\>-\~ .-t\ "'. . 6..",\ ""~\ S~(.\~~ Are you a registered voter? y~s Are you e~ployed by the City? f'UJ'Do you .ho14 ~p~blicoffice? N.o At the preseht ~ime~ dQYou: serve on any other Boards or comrnittee~? N \) If so, list each: o Have you eve~ served on any boards, agencies, or committees? list each: NI::) If so, (BOARD AND COMMITTEE MEMBERS MAY BE. REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCL9SURE FORMS EACH YEAR) PLEASE INDICATE BOARDS O~ COMMITTEES YOU WOULD LIKE TO SERVE' ON AND' RANK THEM ACCORDING, TO CHOICE BY NUMBER ~'MAr.CONTROL BOARD _CITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATI9N BOARD _____ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD _____GENERAL EMPLOYEES PENSION. BOARD ~LIBI\ARY BOARD . ~RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD . _____POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE . . ~ SI'GNATUR~ttr- vJ~., DATE: SEE REVERSE IDE FOR BOARD AND COMMITTEES LISTINGS (2-10-03) , dbJ o~ o 03-20-06Ar9~35 FILE APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name~ /' ~ 50 f<t::o Address l q-I 6 --:r~ j fOr }') VI e dS"e L.lc<~/ Home Phone .~ [rh --42 fj - / 4. ~- t Business Phone :fe~QY o .r- ? f-I Crl( . ') 2. I Cf J / Occupation \') V (! ~~tb01 Are you a registered voter? 'f e 5 Are you a resident of Edgewater? 'I c?' .5 Is your principal place of employment in Edgewater? If yes how long? A \/ '5 I Briefly state your interest in serving on a City board or committee: -to kG-I p WI +k. +J.e Ct V\-{ rh~ I eo p~ (4-J I ~ C; State your experience/qualifications -r C-..... jf"\ Ct P p +0 I ,J h...<2,..- ~ h-- c!_ -tee ( + \/1cA\J e ~t!F li'le. e'ip~r"eFlCP \AJ 1-/'" C\ I^ \' (V\.Ct.- { S Are you employed by the City?~Do you hold public office? o At the present time, do you serve on any other Boards or committees? h. '0 If so, list each: Have you ever served on any boards or committees? t'\ 0 If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) i~L-, kt~~V;;~:,,@Q1~iL~I1 ill.Q)t~ PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ~GENERAL EMPLOYEES PENSION BOARD 2 LIBRARY BOARD l.CITIZEN CODE ENFORCEMENT BOARD . 3-CONSTRUCTION REGULATION BOARD Jf-ECONOMIC DEVELOPMENT BOARD SFIREFIGHTERS PENSION BOARD ~RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD ~POLICE PENSION BOARD 1L- VETERANS PARK ADV. COMMITTEE Signatur~ ~~ (REVISED (2-10-04) .s?' {e;- Date S-17- 6 {; o THE CITY OF EDGE WATER POST OFFICE BOX JOO-EDGEWATER. FLORIDA}2132-0JOO , APPLICATION FOR APPoIN..mOirbr~IWi!~,~~" BOARDS, AGENCIES OR COMMITTEES o NAME ~C}~ ADDRESS JBlq P~:J1Lu. iD-v. ~Ollub~;1i. 32/32- HOME PHONE CJOcf-tJ;J.t.J.-()8B3 BUSINESS PHONE 90t.f-t.J09-(J~(j). OCCUPATION ~ ~ ..1....,.~!f!,.,;.I;.t. . Are you a resident 0 dgewater How long G,' yo,..J Is your principal place of employment in Edgewater? ~ if yes how long?' ' Briefly state your interest in serving on a City board, agency or committee: k tjd ~Jl'''::.J.:''1~.t~.~.,~ ~ ~ -.xy.~>~~',L~'ft,~"c,. ,', " ~,<</:. ;,... ";';t '':.' S:;::z:1~~'I~~q~~:~r:' Are you a registered vote]:'? ;""-, ',>, , ':\~; ':>'~:~i ", ". ~:' .,',::.~? . ::",,>:,:;, .<" "':'/>" , _ ,,' ,;t'.:~,~:. t. ~.~, ':,_. Are you empl~yed'by the c~b? Nbr:h6)s~J hold Pu,J;>'~,{s:'~ifise~ ft:1J ~~~~~ t~:~;e%:b~'i,;e, "td~/y~~~~,~,~~~~~~~~;~~Q;t?~h~,7{{~~~~~~itt{[i~gcte~-, or o :;,': .""._f-.....,'..". ~~v:o;o~i:~e~a~~~v:~(~~iI~J;~lrds, II',' ".-.T(cf::'~' /~: ""';:~; \~,. <':~ :":'~i::.: ;,--' "J~' age~~l!~,s.,', or conun:itte~'~?~ ;~~~e,,l';' k . \';;\iSff~~M~;';';1f;: . ...,. (" . .,. '. ~____ "" ~~:?:::,,<,:;f,w . ~_.., ,,:~;... \~." ~:~'~'l~., - '~Hj.:.t;'~~,'t;:~.,.;;.)"t"'~:>:(>::~J"'~m,~~;r,(;Pf-:.i" . i~ HI' .~4ifi"' , ~;o'.\;:~;,.~'O}';~'> /1 ~Z?, "~~~:--~':--""~.~""'!ir- ~tt' .n~~_' "~'1P';"::.$r:1;;;:;' . (BOARD, AGENCY AND COMMITTEE"'MEMBE:RS~,WI.Y)'tBE~REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSuRE '''FORMS~'~EACH YEAR) PLEASE nmI~ BOARDS, AGENCIES OR CCHa~TEES YOU WOtlLI) 'LIla: TO SERVE ON l\ND RANK ~BEM ACCORDING ~O CHOICE BY lroMBI!:R ~ANIMAL CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD ," _____GENERAL EMPLOYEES PENSION BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD _____POLICE PENSION BOARD _____FIREFIGHTERS PENSION BOARD , _VETERANS PARK ADV.CO~TTEE SIGNATURE~~~~ DATE: 11-1...00 ** SEE REVERSE SIDE FOR L ING I' BOARDS, AGENCIES l\ND Ca.!MITTEES** (RBV 1-11-00) o 04-05-02Al0:37 RCVD I<.-A- f'I'0l. s ~ I _ J ~IH()~- Jti\' ih~~ THE CITY OF EDGE WATER POST OFFICE BOXIOO-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMEN;UPOJ~~Q AM 8:00 BOARDS, AGENCIES OR COMMITTEES NAME EVA (SVE) CLAY ADDRESS ..3~ IS RtJ tAL PA L M DR.' HOME PHONE '/-,J. 7 - 0-35.3 BUSINESS PHONE OCCUPATION R E T / RED Are you a resident of Edgewater YES How long .. () /3 Y R~\ Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency committee: .A~j-I?.... ~:t~~;':;::?!2:~-:,<,~~ ~~~"~~'~;fA~i~~' ~. ,;:.> '.}.,',;",J;"""'.R'..J" """"""",,:"'';'" "', .,;.) . -~ '~';,~;~" .'.;.w";,. State your exp~rie~d~;lJg~:~~;I~~tlons ..;)!:.j>'};:;k,,, '~;'/"" .> ...",M1;:il;~::;~t,:~;FY5~(: "JiM';j,.}f'!; or "~i .. '>>::..::.: ~':..';i/" ";.;:..i . ...-~". ~~-,i -,'. i~ ",:..f: ~~".,-,.:-::..t. /~.;:"":"~ Are you a re~istered vote+,t; ys ~:,)!t:'.;~;('.,.';~n:;:: , "., ';;i;':'A}~ ~;.. " Are youemp19yed.by the C;:,ftY?~DO'tYoU hold pupl.is,:'offiq.e? Va ~~~~~~~~~.~&J"~~#l~i!,~Jqfi~f~Yit~,~t~~,l'$ii~l~!~~~fct~~ or o .;;. '.:,~:':',::,(!;" I....: -,..:~;.;..:,;;'I_~t-,._ .io')riJ:.:':~;l..~ /;- :l' ,:c:~~:tt;'j-("~. (' ~t: agencie$, or conunitteeis?_ .;m:~Jl~~5! ..,.r-I<..!.? '~~l,~ o..i;~\. ;' Have you ever served'Xc If so, list!!.:,each:.,.",,;:;i "1'.' (.~-1 .,,"'} ::"';si'~~~~:~r '~:;;:.~:' .J/~~t~~;:. '~, ,~-i;:' f {. ~ ~~ ',;-':':""'1-. ;i/:/ ._:.-'l( ;., .' :~("r:'_ '~.,,< ..,:.<~,.\ ... -;.~.~,...'/,I i" ',';',.1 .:J2~:P/~~~-' . 1'.... ~'~t.j .- ""::'r"/,:,;,;,-;:'",~~,;{,'T~A~~;f;;!~~'t.;..&" ':~{(:.\,:,.:...,,,,',,'.'.', ~.J ".;,:,~ r'; . -If'; . J.', ~-~ ... ",;; ,. f~'!~~, ,* '1; .~:~" ',c .".~;;Jf' ~~-.-'I.:'- """,.. .".t..;.r}!jiJj( (BOARD, AGENCY AND COMMITTEE}MEl1B.~~j\~Y!.lBE'''REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDlCA!r1!: BOARDS, AGENCIES OR COMMI~TEES YOU' WOULD LIXI!: TO SERVE ON AND RANK ~HEM ACCORDING ~O CHOICE BY NUMBER ~ANTMAL CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD . _____GENERAL EMPLOYEES PENSI9N BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD _____POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE ----- \.. . ----- SIGNATURE ~~ ~ DATE: ~ -;?7-t)tJ ** SEE REVERSE smE FOR LISTING BOARDS, AGENCIES AND COMMI~TEES** (REV'1-11-00) u 04-05-02A10:36 RCVD 5' -t-,'.II i" ~VCJ ~. /.~ ,).----/0 ./(j j -~- "; ,THE CITyof)p-oE!lJJ6-EWATER v NAME C/TV' / " state ~us..experience/qualificat,ions " 'fJA,b/( L.tlv, ' :C()lIt1JtILIJ1CJ?1~6G'i'C ,(" , '", ' Are you a registered voter? 1~..:5 "Are you er:nployed by the City?...&:~_.Do you 'holcip~blic 'office? 'IV e At/the present t:ime, dQ, you: $erve on any other: Boards or coinmittees? /1 , If so, list each: v ..-.' .,': . If so, (BQARDAND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITI;I THE STATE, FINANCIAL DISCLpSURE 'FORMS:'EACH YEAR) " " PLEASE INDI~TE BOARDS OR COMMITTEES YOU , ,WOULD LIKE, TO SE~VE ON AND ~THEM ACCORDING, TO caOICE, BY NUMBER 3 AN;MAr.CONTROL BOARD ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATI9N BOARD ~ECONOMIC DEVELOPMENT BOARD _GENERAL EMPLOYEES PENSION BOARD' , , ,,' ~LIBP,ARY , BOARD \.;' , , SIGNATURE SEE REVERSE SIDE , , ~RECREATION & CULTURAL SERVICES P & ZONING BOARD ~POLI~~ENSION BOARD _____VETE~S PARK ADV. COMMITTEE DATE: (2-10-03) 0/;/ /tJ5 ,I / ' ~ , u u u APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME-F- G-.('\ c.... ; 5" (.,0 ~. ~; a. "l- TI I : P D 1$01< "'t-'"13 tJ euJ S~l.fr~c...) PI S?,I,O ADDRESS '/"3-z..~ T("~"ele~s '?~IM. 0" GJ..Jeu/a n:>r, f I HOME PHONE ",rZ:?>-ex/(, BUSINESS PHONE 3"36 - ~4b - I'll b OCCUPATION 5-cul~ C- "'.~'I ".~ ~ '01 )''"2 '""3 ~ ! .- ~ !C. .,=. ~ , .. ..,.,. .,.~. .. Are you a resident of Edgewater 'f ~ 'S long If "(eQCs Is your principal place of employment in Edgewater? t1 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: -G o.H;::er a... I..e ;'" CO~ 0.."". e.cOJl'lOYl'1; ~D l::. S How .- yovV'-~ 7er<::.orr 5 ka."("'o1. ~r Stateyourexperience/qualifications -ZODI Ma.i~ l(lVld J.+-15'^ ~clC)a / Grc:..~.Jc~) ""D'EC--C AA J11C(jol';A~ '1.,-1 U>,Mf.J-6e{" c:c....(/I(-e a,.",J :CjI\~r~-cio'" 1;cl..r<D 105 l(, J"V1-€..Y"It..er a t= '\Jo/\YS'ic.. ~VV1t:lj DelM~rA ~)L 6'1-e.cubve (~"""l'V1j -t~e.. Are you a registered voter? Ye<:::; Are you employed by the City? ~ 0 Do you hold public office? ,J I:) At the present time, do you serve on any other Boards, Agencies, or committees? Wl~ If so, list each: 'V<O(VS;a.. '""DefMoc::.(4-k)c. &€<!..u-t7 v ( (DrYI~ ;-tce~ Have you ever served on any boards, agencies, or committees? NOlf so, list each: (BOARD, AGENCY AND COMMmEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1-ANIMAL CONTROL BOARD ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD -I-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD I ~GENERAL EMPLOYEES PENSION BOARD 'Z-UBRARY BOARD tRECREATION & CULTURAL SERVICES ..2..PLANNING & ZONING BOARD 'LPOLlCE PENSION BOARD E:.VETERANS PARKADV. COMMITTEE ......,.t/ ;L---/U ~03- J4rc-- /-f' \ l; THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPRffiNROOE~g FA> :gl~ BOARDS, AGENCIES OR COMMITTEES NAME ~ 7'/7 mf:JO D"1 / ADDRESS 337 Scho CIJ~ r /fve..n t./<:..- HOME PHONE ~o17 - !? SS? BUSINESS PHONE N/l OCCUPATION re..'/-,' rt::..d Are you a resident of Edgewater 'J ~.s How long ~ 't' ee<: or .:- / Is your principal place of employment in Edgewater? if yes how long? ' Briefly state your interest in serving on a City board, agency or '-.J THE PLEASE INDICATE BOARDS, AGENCIES OR COMMITn:ES YOU WOtILD LIlIE TO' SERVE ON AND RANK THEM ACCORDING TO CHOICE BY Nl1MBl!:R v LANTMAL CONTROL BOARD .~CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE ~~ ~_ u SEE REVERSJ1: SIDE R LISTING t# BOARDS, _____GENERAL EMPLOY~ES PENSION BOARD _LIBRARY BOARD _RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD _POLICE PENSION 'BOARD _VETERANS PARK ADV. COMMITTEE DATE: ~. ~ 'dU1e:J AGENCIES AND COMMITTE * ( v' 1-11-00) 04-05-02A10:39 RCVD '\ '~sN It4 (V\J. SS~ ~ s--h II ?--/~-0.3-~~ THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWA TER, PLORIDA32132-01 00 . . . APPLICATION FOR APPOINTMENT~O CITY BOARDS OR. COMMITTEES. NAME N~g, fif/)/J Y .A/~.h~"'o/ J / / .. e:t!CP~Ea.J~T..t!:-;e .ADDRESS, . 7t7~ /7'E.AH9~/?/' ~/.!l..N::Z V~/~ / HOME PHo1ID3A2~- -f-~~::2$'"&~ BUSINESS i?HONE---/~E7/A3bD~ OCCUPATION ~tt~ .~cJd.e.ff/ ?7?~,eg::;u Are you a reslde t, of Edgewater Y L:!!'..q , How long .// 1)I.....e.s , , ./. ' Is your principal place of 'employment ih Edgewater? if yes how long? ~r~~fly state your interest in $~rvihg on a City boaid or ---, .- G Are, you a registered voter? Y Fq . Are you er:nployed by the CitY?~Do you 'holci .p~blic 'office?~ ,At the present time, dqyou: serve on any ather Boards or committe~s? - If so, list eelch: ',--' ' .- Have you eve~ served on list each:: C' '. YES ' or committees? If so, /9..{~2'J ";'t!!!..- (BOAlU) COMMITTEE MEMBERS MAY BE REQU RED, FINANCIAL DISCLOSURE FORMS: EACH YEAR) , ' , . ".. '. " PLEASE INDICATE BOARDS oa COMMITTEES YOU WoULD LIKE TO S~RVE ON AND'RANK 'THEM ACCORDING. TO caOlCE BY NUMBER .~T~ WITH THE,STATE, (; , , _GENERAL EMPLOYEES PENSION, BOARD' " ~LIBI:\ARY , BOARD _RECREATION. & CULTURAL SERVICES ,@) W~PLANNING ~ZONI~G BOARD _____POLICE PENSION BOARD _____VETE~S,PARK ADV. COMMITTEE _____CITIZEN CODE ENFORCEMENT BOARD . - . . _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD DATE: (2-10-03) ~~~, 12-Q5-05P12:59 FILE' I u '-> o AGENDA REQUEST ~.{\. ?..) Date: December 15. 2006 PUBLIC HEARING ORDINANCE RESOLUTIONS BOARD APPOINTMENT OTHER BUSINESS 1/8/07 CONSENT ITEM DESCRIPTION: Edgewater Animal Control Board appointment. BACKGROUND: Karen Mason has requested reappointment to the Edgewater Animal Control Board. Karen Mason currently holds a position on the Edgewater Animal Control Board. Membership of the Edgewater Animal Control Board consists of five (5) members appointed by Council. STAFF RECOMMENDATION: Reappoint Karen Mason to the Edgewater Animal Control Board. ACTION REQUESTED: Motion to reappoint Karen Mason to the Edgewater Animal Control Board. FINANCIAL IMPACT: (FINANCE DIRECTOR (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NA PREVIOUS AGENDA ITEM: NO X YES DATE: N/A AGENDA ITEM NO.: on ella Jackson, Edgewater Animal Agenda.request.forrn.rev.2/1612000 .;.. \... u December 14, 2006 City of Edgewater Mayor Michael Thomas and Council P.O. Box 100 Edgewater, FL 32132 Re: Reappointment to the Animal Control Board Dear Mr. Thomas and Council: Please accept this letter as I wish to be reappointed to the Animal Control Board for another term. Sincerely, Karen Mason () o ~.~. \) AGENDA REQUEST u Date: December 15. 2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT 1/8/07 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Citizen Code Enforcement Board appointment. BACKGROUND: Ben Wagner has requested reappointment to the Citizen Code Enforcement Board. Ben Wagner currently holds the Vice Chairman position on the Citizen Code Enforcement Board. Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed by Council. STAFF RECOMMENDATION: \.) Reappoint Ben Wagner to the Citizen Code Enforcement Board. ACTION REQUESTED: Motion to reappoint Ben Wagner to the Citizen Code Enforcement Board. FINANCIAL IMP ACT: (FINANCE DIRECTOR (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NA PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: ard Coordinator ement Board u Agenda.request.form.rev.2/16/2000 . .. November 22, 2006 TO Mayor and City council, City of Edge water FR Ben Wagner, Vice Chairman, Code Enforcement Board Re-Appointment It has been my pleasure to have served on the Code Enforcement Board for the past three years. For the last year I have also served as Vice-Chairman. During my term I have not missed a single meeting and feel I have been able to work with the other board members for the betterment of the city. I hereby request to be reappointed for another term when my present term . . . expIres III January 2007. Thank you for your consideration. ~ o () () ... -'\ , 03-20-06Ar9~35 FILE APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES u Name~1" ~ 50 f~ Address l q'/ 6 --::)Ltr. ~ f Or P VI E dSe Uc<~/ Home Phone . -~ ffr-; --41 &- - I q ~ t .. Business Phone : +e~Q~r "r "? f--I Cy "~ 2./ cl ) / Occupation \") V (! ~(1)r01 Are you a registered voter? '1 e 5 Are you a resident of Edgewa"ter? 'I c? .5 Is your principal place of employment in Edgewater? If yes how long? :2. \/ r5 I Briefly state your interest in serving on a City board or committee: -=to h-C-I P W I +h- +J.e Ct VI- ( (he::: / J/) () P ~ (4-J I ~ Pi State your experience/qualifications -r C-.- V"\ tA I:;' (J +0/ ,J he?,-- 4 ~ 2 t- e € ( +' \/1 6. \) €.. c;, CJ IlYL e... e 'fp (?,.,e f'l r "" \AJ 1-+'" C\. I^ \' (V\.~ IS u Are you employed by the City?~Do you hold public office? At the present time, do you serve on any other Boards or committees? J1 V If so, list each: Have you ever served on any boards or committees? r 0 If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER !JI- ANIMAL CONTROL BOARD ~GENERAL EMPLOYEES PENSION BOARD RD" LLIBRARY BOARD 3-CONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES Jf:-ECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD ..5FIREFIGHTERS PENSION BOARD 10 POLICE PENSION BOARD 1.1- VETERANS PARK ADV. COMMITTEE F~ !-.,:N~'W!0@JN)1: F;I~lfOj:@~~~,l:t\l~' u Signatu<J)Rlz S?- (REVISED (2-10-04) Date S-17- 6 6 u v u APPLICATION FOR APPOINTMENT TO . CITY BOARDS AND COMMITTEES Name All, t~ll--/ RIVe/it Address 11 (() ?"l > c v i-q fA ulf€- '<AJ cP' Ave Home Phone ~ f 6' '-- tf-~~ - c.t ~ 3 Business Phone ~ g G - tf~ ~ - I (Q (fL Occupation f) IV 11.~' 0 ~ t> v ~ {It e t; Are you a registered voter? t e ~ Voting District Are you a resident ofEdgewater? ( e ~ How long? ~,. ~ \..{ e If...#^ C Is your principal place of employment in Edgewater? yeS If yes how long? Briefly state yo", io""" in serving on · C;ty boanI 0' COmmi-.-A- . 9 (:>/~ul Ce 't0o. T ~ ,e C-t tf <C' ..13 cfje ~.<fe-, State your experience/qUalifications-l? U $-( 11 f'.lt;- . (f) {.l./yf~.e"- / . Are you employed by the City? -tILo-Do you hold public office? NO At the present time, do you serve on any other Boards or committees? Ifso, list.each: Clrl- ul k-, ~ ~I Ctty ff<<-( .Ae~(~ Co II/II!( ~e.1 Have you ever served on any boards or committees? If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCWSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD _CONSTRUCTION REqULATION BOARD ~RECREATION & CULTURAL SERVICES -LECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD _FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE Date 3 - (J 'f'-O 5' 03-04-05A08:49 RCVD " ". rJ....... THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER. FLORIDA 32132-0100 u APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAMED Et.CJ ReS C- U C A AI ( C 1-1 ADDRESS-1 9 Db \ R A \! IE /.. E i? S Lle?~.. tf fL.... -""" _1"\ ~ HOME PHONE ~ 8' ~ET(i<.E.D P,qJ./-I District 2 (Staff win supply district number) BUSINESS PHONE .-- OCCUPATION Are you a resident of Edgewater /...-'" How long ),6 Is your '-' Are Briefly agency or committee: 6Y' State ~c:Jd ~ Go e>f' Are J/'/Mj' /f-ol or " ri' ~ zt "h ~~-: 0.. Have you ''ever 'se If so, lis'lh,eacB': C t) d e \h~';ji~' '':l~,,, 6 -~<':~ ,.....,4;. -~ "::"~~~ ~.p/" ,,..(t-, '~ ~~'~j~"'~~~ lf~$':~~~ti~l'~~..v;~*,~~,~,~~~'- ~~$ ~~~t' , _':~I ;_'" g. r('~~" -.~* ...,...p ~""';'I'". " i!!.1'. $. '{;~, ",1l:';"" ""'~'~~i,)':'P->:.... ./ -oj, 0." ~~ ::;i _ .(,:fti~'1'5" (BOARD, AGENCY AND COMMITTEE MEMEiERS""MAY BE REQUIRED THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) .,." ,J.'~' ..t" .~~ l l or cdmmit~ees?____ ,.~#:' ;o..Jfi '::lY TO FILE ,;# WITH PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES' YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD _BEAUTIFICATION & TREE COMMITTEE ~CITIZEN CODE ENFORCEMENT BOARD _LIBRARY BOARD _PARKS & RECREATION BOARD _CONSTRUCTION REGULATION BOARD _PLANNING & ZONING BOARD _ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD u _FIREFIGHT~ PENSION BOARD . _VETERANS PARK ADV. COMMITTEE SIGNATURE ~.J 0./, r1f-AruJ., DATE: V{( 92' ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEE ** REV 10-30-97) 04-05-02A10:41 RCVD it /0- o ~ - =j J - ) 80 ;j 'I: ("; P A I ~ ~ I APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES 09-29-03A08:42 RCVD , NAME ADDRESS Alice Haldeman v 930 Lake Av - 32132 09-3- 14C2: 64PEFLE HOME PHONE OCCUPATION Library} 423 1359 BUSINESS PHONE 2481745 x 1228 Librarian (Collection DevelopmentlAcquistions Manager for Volusia County Public Are you a resident of Edgewater ves How long_ 17 years Is your principal place of employment in Edgewater? _no if yes how long? Briefly state your interest in serving on a City board, agency or committee:_ I want to help make Edgewater a nicer place to live by establishing and enabling enforcement of good codes. State your experiencelqualifications_ In trying to get my neighborhood cleaned up, I've learned a bit about our current codes; when I had an addition built on my house, I learned about building codes; in my job as reference librarian, I've helped people find applicable codes relating to their situation referring them to the proper City departments as needed; r<",~...p"~J r ~tA(~..I.,'-t/ La-.crz- Are you a registered voter? ves Are you employed by the City? no Do you hold public office? _ no u At the present time, do you serve on any other Boards. Agencies, or committees? no each: If so, list Have you ever served on any boards, agencies, or comrrnttees? ves If so, list each: Served as co- chairman of the 32"d World Science Fiction convention in 1974; co-chair of several local science fiction conventions in the BaltimoreMlashington area in late 60's/early 70's; have interacted with city Boards in Edgewater, New Smyrna Beach and Daytona Beach from a County staff aspect when I was Regional Librarian (NSB 1992 through 1996; Daytona 1987 through 1992); gave presentations to County Library Advisory Board on Library Planning, Censorship; assisted Black Heritage Festival committee 1992, 93, 94; as a Library manager, serve on system-wide Library Management Team; have facilitated several Library Service Improvement Teams (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER u _ANIMAL CONTROL BOARD -2LCITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD _LIBRARY BOARD _RECREATION & CULTURAL SERVICES _PLANNING & ZONING BOARD _POLICE PENSION BOARD _VETERANS PARK ADV. COMMITTEE __GENERALEMP~E~SPEN~9N~~RD SIGNATURE ~ ~A1\4,AI\../ DATE: f -}. t -() l.-~ .. QI:I: NI:YT CAr-I: I:nD IIQTINr- nl: RnADnQ Ar-I:NrII:Q ANn rnUUITTl:l:q** IDI:V 1_11..1\m '> 05":11-04 P12:45 IN THE CITY OF EDGE WATER 'POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY :~::s.<?~S "AGENCIES "OR, COMMITTEES,' ,. __.". " " ~ ~ . , ." 0 NAME' t?A Ii l (> ADDRESS / a-I yYL4(U<:. C & ON A~D VA Ltf ;../C-( A [) It . DiStrict (Staff wiJ.~ suP.P~y district number) . ' 'E ~A,t,f ' (/ Al5 Is your principal place of employment in Edgewater? ~v if yes how long? ;) Y~A;z.f Briefly state your interest in serving on a City board, agency or HOME PHONE <tocr..., () t 39 I b BUSINESS ~ committee: Are Are '"1/,('0 or ,(BOARD, 'l\GENCY AND COMMITTEE THE STATE, FINANCIAL DISCLOSURE FORMS ,TO FILE WITH PLEASE INDICATE BOA1U)S" AGENCIES OR COMMITTEES YOU' wOULD LID TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER -ANIMAL CONTROL BOARD _____BEAyTIFlCATION & TR~E COMMITTEE ~ CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD ~GENERAL EMPLOYEES PENSION BOARD ~LIBRARY BOARD LpARKS &' RECREATION BOARD ~PLANNING & ZONING BOARD _____POLICE PENSION,BOARD _____ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD, " _____VETERANS PARK ADV. COMMITTEE SIGNATURE j)~~ . DATE: 0 ** SEE REVERSE SIDE FOR, LISTING 'OF, BOARDS; AGENCIES liND' :COMMtTTEES** (REV 10-30-97) :.....4"... " ,", .; , " 't' ~',,:", ..' : ..:.; '~~,' ,", J .. APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME---0-- (Jr..{'\ c... i 5 (;0 ~. ~; 0.. -z... TI I : -p 0 1301< "1...-l's tJ e......J Sr>-LfrY'e...) FI '3,-,,0 ADDRESS '13-z..~ T('~"eJe~s ?Gt,I~ Or, (;JJeda -n=>r I f I 'C.~: ,.~: Oi 5'2/'"3, ~ ! () 0.. HOME PHONE 4"Z.>-tXI6 BUSINESS PHONE 3"36 - <g4h - I Lf, J b OCCUPATION .stulvA e- ~ ::~' "IM.. "~N Are you a resident of Edgewater Y (' ':) long II "(eocs Is your principal place of employment in Edgewater? ;J 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: ~ o~r a... How :.s .cj \I e. 0 V" . l-1er f~ i~d " - COrr'~ 0......-"1 e.cOYloyMtC .- yovil'-~ 7er'Son 5 ha..J<"t't ~, Stateyourexperience/qualifications "20DI Ma.;-1 '<lVld )4-'5k ~clt!)a/ Cr~c1Jct:-eJ '"D'6LC j11G''''JoI';'''~ '1,-'1 ([),Mf.J~s::...(~(-e a-o'1J :t:V'~r~-t:1o'" -':;cl-.f''D105l[J ,.,.,-e.y&I\~er '\1'OI0'?Ic.. CoV>'1tLj J)e~ac r a. ~i,- r;'I~cv b '-Ie 6~,.,.., j -tc-ee.. Are you a registered voter? Ye.c:, Are you employed by the City? ,J 0 Do you hold public office? ,J " At the present time, do you serve on any other Boards, Agencies, or committees? 1f!!<;lf so, list each: 'V<o (V; ; a.. 'l:)ep' oc. ( ~.{::)c. G-i ~ e. v-b v e ( D ,..,-I ~ ;-tce.e AA af o Have you ever served on any boards, agencies, or committees? NOlf so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1-ANIMAL CONTROL BOARD 2.CITIZEN CODE ENFORCEMENT BOARD :!-CONSTRUCTION REGULATION BOARD '/-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD I ~GENERAL EMPLOYEES PENSION BOARD '2.L1BRARY BOARD .t.RECREATION & CULTURAL SERVICES 0 ..2...PLANNING & ZONING BOARD '-LPOLlCE PENSION BOARD tVETERANS PARKADV. COMMITTs,r.,1. I _I ;l../I...()3...../~- ~~~ ~- , THE CITY OF EDGE WATER POST OFFICE BOX 1 00-EDG~Jftti{fW~~i/2132-01 00 o APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME (2,11 R tJ.. L iT .s I)' C P, f) Y'lt4tl ADDRESS I 7 J q IJ I G T () (l y fJ f) L-P1 -J()/Z..-. HOME PHONE Lj Q.3 . <6f? 7 .3 BUSINESS PHONE (p 9 0' ~ l/ 0 9 * OCCTJP_~TION_.s~ I-. ~s In A W ~ 6- JS")'L Are you a resident of Edgewater y J;; '1 How long (0 rn "'~ S Is your NO Briefly state your or committee: Are ;)(;,...1, 0 . ~..jfj: .<< encJf,es, or ~~': ~_~''fR.''"!)'''' ,-~ agenci.es, or ~ '~ .i;{ {~l ;r ~~' # ~ iIi . jy ? cS;>lrum tJ:~ees. AI' if -,- ~..~ . (BOARD, AGENCY AND C:~I'l'TEE MEMBERSj MAY aE::I'~QUIRED TO FILE WITH . '...,,~~,.. -.- ....-=-:<'JI(fi-'W- THE STATE, FINANCIAL DISC:r;OSURE'Zi\li:.Q~1~EA:CH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _____GENERAL EMPLOYEES PENSION BOARD _ANIMAL CONTROL BOARD ~CiTIZEN CODE ENFORCEMENT BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____CONSTRUCTION REGULATION BOARD _____PLANNING & ZONING BOARD ~~POLICE PENSION BOARD _____ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE (!/~JJ.l- II. (1j~~ ** SEE REVERSE SIDE FOR LISTING OF BOARDS, _____VETERANS PARK ADV. COMMITTEE DATE: 7 --K - L);} AGENCIES AND COMMITTEES** (REV 1-02) <:::> ;2 ---I &.--- 0 J~ .d;t:t/ t..6:V .. , i AGENDA REQUEST ~~. 1..\ Date: December 15. 2006 u PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT 1/8/07 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Citizen Code Enforcement Board appointment. BACKGROUND: Linda Johnson has requested reappointment to the Citizen Code Enforcement Board. Linda Johnson currently holds the Chairman position on the Citizen Code Enforcement Board. Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed by Council. STAFF RECOMMENDATION: Q Reappoint Linda Johnson to the Citizen Code Enforcement Board. ACTION REQUESTED: Motion to reappoint Linda Johnson to the Citizen Code Enforcement Board. FINANCIAL IMP ACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: ard Coordinator ement Board o Agenda.request.form.rev.2/16/2000 119 Twenty-eighth Street Edgevo,llter, FL 32141-5815 386-689.2989 . 386-'1-28-6984 u December 7, 2006 Michael L. Thomas, Mayor Members of the City Council City of Edgewater Post Office Box 100 Edgewater, FL 32132 Attention: Susan J. Wadsworth, CMC, City Clerk Dear Mr. Mayor and Members of the City Council: Please consider this letter as a formal request for reappointment to the Edgewater Citizen Code Enforcement Board. I am currently serving on the Board as the elected Chairwoman on a 3-year term that will expire on January 5, 2007. Thank you for the opportunity to serve this growing community, u Respectfully, ~ Copy to: Tracey T. Barlow, Fire Chief Shontella Jackson, Board Coordinator <..) > u u u q.f\. AGENDA REQUEST C.A. NO.: 2007-005 Date: January 2.2007 PUBLIC HEARlNG RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS 01/08/2007 CONSENT ITEM DESCRIPTION: Agreement for Legal Services - Doran, Wolfe, Ansay & Kundid BACKGROUND: The City advertised on October 8, 2006 for Letters of Interest to be submitted to the City by November 2,2006 for firms interested in representing the City of Edgewater as City Attorney. The responding firms were Foley & Lardner, LLP as Special Counsel and Doran, Wolfe, Ansay & Kundid for as the contracted City Attorney. During the City Council meeting on December 4, 2006, the City Manager reported as to who responded and Council authorized placement of the Agreement for Legal Services for the January 8, 2007 Council Agenda. Pursuant to the Agreement, Carolyn S. Ansay is designated as the City Attorney for the City of Edgewater with other attorneys in the Firm who provide legal services being designated as Assistant City Attorney. The term ofthe Agreement is or a one year period with an automatic annual renewal for an additional three years. STAFF RECOMMENDATION: Staff recommends approval of the Agreement for Legal Services with Doran, Wolfe, Ansay & Kundid. ACTION REOUESTED: Motion to approve the Agreement for Legal Services with Doran, Wolfe, Ansay & Kundid and authorize execution by the Mayor. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: ~#fL ." ,'" . cf. - :r C. Williams City Manager ~~J'l Robin L. Matusick Paralegal rIm , u () .0 { , ) u u v AGREEMENT FOR LEGAL SERVICES This AGREEMENT is entered into this ~ day ofJanuary, 2007, between the CITY OF EDGEWATER, FLORIDA, whose mailing address is P.O. Box 100, Edgewater, Florida 32132- 0100 (hereinafter referred to as the "City"), and DORAN, WOLFE, ANSA Y & KUNDID, whose mailing address is P. O. Box 15110, Daytona Beach, Florida 32115 (hereinafter referred to as the "Firm"). WITNESSETH: WHEREAS, the CITY recently requested proposals from qualified law firms to provide services as City Attorney; WHEREAS, the FIRM submitted a proposal deemed acceptable to the CITY; and WHEREAS, the CITY and the FIRM are desirous of entering into a definitive agreement pursuant to which the FIRM will serve as Edgewater City Attorney as more fully set forth herein. NOW THEREFORE, in consideration of the foregoing and the mutual obligations contained herein, the CITY and the FIRM agree as follows: 1. The CITY does hereby retain the FIRM for the purpose of providing legal representation to the CITY as City Attorney. The services rendered under this Agreement are personal to the FIRM and may not be assigned, either directly or indirectly, to any other person or law firm. 2. The FIRM will provide representation and counsel to the CITY for legal services through its attorneys in the FIRM, including but not limited to, Carolyn S. Ansay, Michael Ciocchetti, Theordore R. Doran, Audrie M. Harris, Jason R. Hawkins, Michael A. Kundid, and Aaron R. Wolfe. Carolyn S. Ansay will be the primary attorney contact between the FIRM and the CITY and will be designated as City Attorney for the City of Edgewater. Other attorneys in the FIRM providing legal services may be designated as Assistant City Attorney. Services may include, but are not limited to: a. attendance at City Council meetings, work sessions, executive sessions, and budget hearings upon the request of the City Council/City Administration; b. review and legal research of City Council agenda, resolutions, ordinances, memoranda, opinions, and representations of the CITY; c. as needed; review of comprehensive plan amendments, rezonings, and development agreements (Agreements/Ci ty Attorney - Ansay- 2007) ~ d. preparation of oral or written opinions on legal matters as requested by the City I "\ Council and/or City Manager; \.,.;I e. review and comment on contract formes) between the CITY and independent contractors; f. participation in meetings and/or telephone conferences with the City Manager and/or City Staff as designated by the City Manager, and the provision of legal counsel, as requested; g. keeping the City Council and the City Manager informed of legislation or judicial opinions that have potential impact to the CITY; h. provide legal representation and defense' to legal challenges to the CITY's ordinances, if not provided by special counsel; 1. performance of other professional duties as may be required. 3. For matters on which the Firm provides services to the CITY, the Firm shall be compensated for the costs and services at the rates set forth in the Compensation Proposal attached hereto as Exhibit "A" and incorporated by reference. On or before June 30th of each year, the CITY shall review the Compensation Proposal and determine whether any adjustments shall be made. If adjustments are approved, said rates shall become effective on October I st of the new fiscal year. The FIRM agrees to keep and maintain accurate time records showing the time expended by 0 each of its attorneys in representing the CITY under this Agreement. The FIRM will detail on its billing statement~ specific billing entries on a daily basis showing, at a minimum: legal matter or project reference, invoice number for the particular bill, law firm taxpayer identification number, statement billing period, itemization of the date; hours billed; a concise, meaningful description of the services rendered, with sufficient detail to enable the City to evaluate the services rendered and costs; the person(s) who performed the services for each day during which the Law Firm performed work; and the hourly rate for each attorney or paralegal, a listing of all costs to be reimbursed, and the total of the current bill. A summary of all monthly invoices will also be provided which sets forth the fees and costs for each matter. The minimum billing increment shall be one-tenth of an hour. The CITY will reimburse the FIRM for the following expenses incurred by it in the conduct of legal services on behalf of the CITY; overnight delivery, travel expenses for travel outside of Volusia County (all travel, lodging and meals shall be at rates allowed to public employees under City rules and regulations), court reporters' fees, transcripts, court filing fees, and process service charges, and on-line research costs all without mark-up or multiplier. All invoices submitted for such reimbursements shall contain complete and detailed information supported by appropriate receipts as to the item or charge sought to be reimbursed. The FIRM agrees to submit billing statements to the CITY Paralegal at the address set forth (Agreements/Ci ty A ttomey- Ansay - 2007) 2 o '. u u u herein for the FIRM's fees, costs, and/or expenses on a monthly basis not later than the fifteenth day ofthe following month. The CITY agrees to pay each monthly bill within 30 days of receipt. Ifthe CITY has any disagreement about the amount billed, the CITY agrees to advise the FIRM in writing within ten (10) days of receipt of the billing statement. 4. This Agreement shall commence on the date set forth above for a term of one (1) year and shall automatically renew annually for successive one (1) year terms for an additional three (3) years unless either party notifies the other in writing that it does not intend to renew this Agreement for the succeeding year at least thirty (30) days prior to the anniversary date of this Agreement. Both the CITY, upon the vote of the majority of the City Council, and the FIRM reserve the right to terminate this Agreement without cause upon thirty (30) days written notice. 5. The FIRM will make affirmative efforts to achieve cost effectiveness by utilizing and coordinating work with the CITY's paralegal, limiting travel, using established and acceptable forms, using the appropriate level of attorney or staff experience required for each task, and taking other actions to improve efficiency. 6. The FIRM assures the CITY that it possesses the knowledge and experience relating to the practice of municipal law and the areas in which it has been engaged to provide representation to the CITY. The FIRM assures the CITY of the highest quality of professional services in representing the CITY and the FIRM further agrees to accept no employment which would result in a conflict of interest. 7. In the performance of legal services hereunder, the FIRM is an independent contractor. 'The assigned attorneys shall not be considered employees, agents or servants of the CITY. The FIRM and assigned attorneys do not have the power or authority to bind the CITY in any promise, agreement or representation other than as specifically provided in this Agreement. 8. This Agreement constitutes the entire agreement concerning employment arrangements between the FIRM and the CITY. This Agreement may not be changed except in writing and as signed by the authorized representatives of the FIRM and the CITY. 9. In the event that any term, paragraph, or provision of this Agreement or its application to any circumstances shall be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 10. Florida. This Agreement shall be governed by and construed under the laws of the State of (Agreements/Ci ty A ttomey- Ansay- 2007) 3 ATTEST: Susan J . Wadsworth City Clerk (Agreements/Ci ty Attorney - Ansay- 2007) LAW FIRM: DORAN, WOLFE, ANSA Y & KUNDID @J~ Carolyn S. A ay Partner Dated: /2-/2--9/0 b CITY CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Michael L. Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council during the Council meeting held on the 8th day of January, 2007 under Agenda Item 4 o o o J u. u '-.J EXHIBIT" A" COMPENSATION PROPOSAL rates: We propose to provide services to the City of Edgewater on all matters at the following 1. General City Services a) Partners: b) Associates: c) Paralegals: II. Development Review a) Partners: b) Associates: c) Paralegals: $200.00 per hour $170.00 per hour $50.00 per hour $300.00 per hour $200.00 per hour $80.00 per hour III. Travel Partners and Associates: $100.00 per hour The above rates are inclusive of most costs, both direct and indirect, (i.e., postage, telephone, long distance, facsimile transmissions, and local mileage) with the exception of travel outside of Vol usia County and on-line research costs and, if needed, courier services and Federal Express, all of which shall be billed in accordance with the actual charges incurred. (Agreements/City Attomey- Ansay- 2007) 5 , / ,. ; u Q v cr~. AGENDA REQUEST C.A. NO.: 2007-004 Date: January 2. 2007 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS 01108/2007 CONSENT ITEM DESCRIPTION: Agreement for Special Counsel - Foley & Lardner, LLP - 4th Amendment BACKGROUND: In February 2000, the City entered into an Agreement with Foley & Lardner to represent the City as the contracted City Attorney. The Agreement was modified by Amendment #1 in 2001, Amendment #2 in 2004 and Amendment #3 in 2006. In 2006, the City requested Letters of Interest from other Law Firms who might be interested in representing the City of Edgewater. The Firm of Doran, Wolfe, Ansay & Kundid submitted a proposal to represent the City as the new contracted City Attorney. Foley & Lardner was requested to submit an Amendment #4 which authorizes their firm to act as Special Counsel on an as-needed basis for the City of Edgewater on certain matters, which may include, but not be limited to: insurance matters, issuers of counsel and/or bond counsel, real estate representation and representing the City in matters where the new City Attorney might have a conflict of interest and cannot represent the City. STAFF RECOMMENDATION: Staff recommends approval of the Fourth Amendment to the Agreement for Retention of Special Counsel- Foley & Lardner, LLP. ACTION REOUESTED: Motion to approve the Fourth Amendment to the Agreement for Retention of Special Counsel - Foley & Lardner, LLP and authorize execution by the Mayor. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: ~b:dL6;\. Robin L. Matusick Paralegal L~ ' . ~ C(on C. Williams . City Manager rim \ u o o .. . , \.J v u FOURTH AMENDMENT TO AGREEMENT FOR RETENTION OF SPECIAL COUNSEL FOLEY & LARDNER LLP This FOURTH AMENDMENT TO AGREEMENT FOR RETENTION OF SPECIAL COUNSEL (this "Fourth Amendment") is entered into as of the day of January, 2007 by and between the CITY OF EDGEWATER, FLORIDA, whose address is P.O. Box 100, Edgewater, Florida 32132-0100 (hereinafter the "City"), and FOLEY & LARDNER, LLP, a Wisconsin limited liability partnership, whose address is 111 N. Orange Avenue, Suite 1800, Orlando, Florida 32801 (hereinafter "Law Firm"). WIT N E SSE T H: WHEREAS, on February 7, 2000, the City and Law Firm entered into that certain Agreement for Retention of City Attorney, which Agreement was amended on October 1, 2001, July 9,2004 and April 3,2006 (the "Agreement"); and WHEREAS, the parties desire to amend the Agreement in order to provide for the Law Firm to hereafter serve as Special Counsel rather than as City Attorney. NOW, THEREFORE, in consideration of the foregoing and the mutual obligations contained herein, City and Law Firm agree as follows: 1. reference. The above recitals are true and correct and are hereby incorporated by this 2. The services of the Law Firm as City Attorney shall cease as of 7:00 pm on January 8, 2007. To that end, Section 12 of the Agreement is hereby deleted in its entirety. 3. The City does hereby retain Law Firm for purpose of providing legal representation to the City as Special Counsel on an as-needed basis. All references in the Agreement to "City Attorney" are hereby amended to refer to "Special Counsel". 4. The Law Firm shall perform such legal services as may from time-to-time be requested by the City Manager or the City Council, including but not limited to (i) the transitioning of files to Doran, Wolfe, Ansay & Kundid (the "New City Attorney"), (ii) representation of the City in on-going litigation being handled by the Law Firm as of the date of this Fourth Amendment, (iii) representation of the City as Issuers Counsel and/or Bond Counsel in connection with bond financings, (iv) representation of the City in real estate matters, including the Parktowne Development, and (v) representation of the City in matters where the New City Attorney has a conflict of interest and cannot represent the City. Nothing contained herein shall be construed to obligate the City to engage the Law Firm for any specific assignments or for any set amount of work. 5. In recognition of the reduced role of the Law Firm, the City agrees that the Law Firm may represent current or new clients in work directly adverse to the City, provided such ORLA_ 430725.1 \ .; work is not substantially related to any matter in which the Law Firm has been engaged by the City and the Law Firm does not use any of the City's confidential information in representing 0 such clients. By way of examples only, and assuming such representations are not substantially related to any matter in which the Law Firm has been engaged by the City, the Law Firm may represent one or more parties in bankruptcy cases that may have interests adverse to the City, the Law Firm may represent clients with regard to intellectual property rights that may be adverse to those of the City, or the Law Firm may represent clients in contract or other business disputes adverse to the City. In order to address the risk presented by the Law Firm's being directly adverse to the City and any potential misuse of the City's confidential information, the Law Firm agrees that it will not use any of the City's confidential information in representing such clients and that attorneys working on matters in which the Law Firm has been engaged by the City will not be involved in working for any other client in matters directly adverse to you. In addition, if requested by you, the Law Firm will establish an ethical wall to assure that confidential information is not exchanged between Law Firm personnel working on matters in which the Law Firm has been engaged by the City and those working for other clients. 6. This Fourth Amendment may be executed in any number of counterparts, each of which shall be deemed. an original instrument, but all such counterparts together shall constitute one and the same instrument. Facsimile copies of this Fourth Amendment and any signatures thereon shall be considered for all purposes as originals. 7. Except as expressly set forth herein, the Agreement remains unchanged and in 0 full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Fourth Amendment, to become effective as of the date and year first above written. CITY: LAW FIRM: CITY OF EDGEW ATER, FLORIDA FOLEY & LARDNER LLP Michael L. Thomas, Mayor Paul E. Rosenthal, Partner Dated: Dated: o ORLA_ 430725.1 -2- 1 CITY OF EDGE WA TER \a. c::.. o POST OFFICE BOX IOO · EDGEWATER, FLORIDA 32132-0100 (J ...." &.. 'l'ALI'f'" Mayor Michael L. Thomas District 1 Councilwoman Debra J. Rogers District 2 Councilman Dennis A. Vincenzi District 3 Councilwoman Harriet E. Rhodes District 4 Councilwoman Judith R. Lichter ~\ / City Manager Jon C. Williams City Attorney Paul E. Rosenthal City Clerk Susan J. Wadsworth Ass!. City Manager Elizabeth J. McBride Paralegal Robin L. Matusick INTER-OFFICE MEMORANDUM TO: FROM: C.M.NO: DATE: SUBJECT: Mayor & City Council Jfi I Jon Williams, City Manager . ~ 2007 -01 January 2,2007 ParkTowne Industrial Center Phase II Land Purchase Q In November 2002, the City advertised a Request for Proposal (RFP) for investors who were interested in purchasing land within in the ParkTowne Industrial Center for a minimum price of $50,000 per acre. No public bids were received. Due to the lack of response, the City Council approved on February 3, 2003, to sell minimum one-acre parcels and authorized the use of the attached Purchase and Sale Agreement. Since then, the City Council has communicated their desire to sell the remaining City owned property (83.6:t acres) located within ParkTowne. In order to achieve Council's goal, it was necessary to have the property appraised "as is". Staff has received the appraisal report from Ponce Agency, which was prepared by Robert Lovelace establishing the estimated market value at $70,574 per acre or $5.9 million. The City has received a number of inquires from potential investors who are interested in purchasing the remaining land. On December 21, 2006, the City received the attached letter of intent from NAI Realvest to purchase the property for $3.6 million. The offer is well below the market value and allows the potential buyer to have an option to purchase for up to six (6) months. However, if sold at this price, the City would be able to payoff the outstanding debt associated with the purchase of the property and free up annual debt service expenditures totaling $676,000 (rounded). In light of the number of inquires and the letter of intent, I need Council's direction as to whether or not it is Council's desire to issue a RFP establishing the minimum price for the sale of the remaining property or pursue the idea of contracting with an Auctioneer for the bulk sale of the property which '-> would pr9vide us with the immediate use of the funds. JCW:ejm Attachments CITY MANAGER'S OFFICE 104 NORTH RIVERSIDE DRIVE (386)424-2400 x 1202 FAX-(386)424-2421 e-mail: Jwilliams@cityofedgewater.org eM 2007-01 I :\liz _ docs\memos\parktowne 8 3 acres ale HAl Realvest@ l?ECElVjj DL- 'D I.:C ? v 41 1. 2006 CITy A1A.NAGEl? o . Commercial Real Estate Services, Worldwide. December 19,2006 Mayor Michael L. Thomas City of Edgewater, Florida 104 N. Riverside Drive Edgewater, Florida 32132-0100 Re: Letter of Intent -Phase II Park Towne Industrial Park, Edgewater, Florida Dear Mayor Thomas: On behalf of Eagleton Capital Corporation please accept this Letter of Intent to purchase the above referenced land. Buyer: Eagleton Capital Corporation, and/or assigns Property: \ Approximately 80 acres know as Phase II Park Towne Industrial Park Purchase Price: $3,600,000.00 Cash at Closing o Due Diligence Period: One hundred and eighty (180) days from the effective date of a fully executed Purchase and Sale Agreement to a) thoroughly inspect the property (90 day inspection period); and b) for permitting of Buyer's intended development project (90 day permitting period). During the Due Diligence Period and upon written notice to Seller, Buyer shall have the ability to cancel the contract for any reason whatsoever and immediately receive the full amount of any deposits held. Closing: Closing shall occur no later than thirty (30) days following the expiration of the Due Diligence Period. Buyer shall have the right to extend the closing for two (2) 30-day periods upon deposit of $10,000 for each extension. Extension deposits shall be non-refundable, but applicable to the purchase price. Expenses of Closing: Seller will pay state documentary stamps or other taxes which are required to be affixed to the Special Warranty Deed incident to its recordation, the cost of recording any corrective instruments, and will provide to Buyer an owner's policy of title insurance in an amount equal o f~ Build on the power of our network. ™ Over 300 offices worldwide. www.naiglobal.com Name 1 I>ate Page 2 of3 U to the purchase price. The cost of recording the deed shall be paid by Buyer. Other expenses as per normal business practices in Central Florida. Title: Seller shall be responsible for delivering good and marketable title and will provide title commitment for Buyer's review within twenty (20) days following execution of Contract. Deposit: $100,000.00 initial deposit within five (5) business days of full execution of purchase and sale agreement. Initial deposit shall only be non- refundable upon expiration of Due Diligence Period if Buyer has not canceled the contract. Property Information: Within ten (10) days from the effective date of the Contract (to the extent Seller has in its possession), Seller shall provide Buyer with copies of information and studies related to the property, including but not limited to plans, appraisals, soils tests, surveys, hazardous waste and environmental studies. Access: Seller shall provide Buyer and its agents reasonable access to property to complete its inspection. u Survey: Seller shall obtain at Seller's cost, within twenty (20) days following execution of contract, a boundary survey / plat of the property. Brokerage: Seller to pay commissions of six percent (6%) to NAI Realvest in connection with the sale of the Property. Except for NAI Realvest no commissions or fees are due any broker or finder in this transaction. Purchase and Sale Agreement: All agreements shall be merged into the purchase and sale agreement which shall fully and completely express the agreements of the parties under this Letter of Intent. U HAl Realvest~ jJ~ Commercial Real Estate Services, Worldwide. Name Date Page 3 00 If this Letter ofIntent is acceptable, please sign and return by January 15,2007. We look forward to working with you on this transaction. Very truly yours, Agreed and Accepted 000 Wickert Robert T. Mueller Signature Title Date HAl Realvest~ /lv-' Commercial Real Estate Services, Worldwide. u o u : PTC 2007-_ PURCHASE AND SALE AGREEMENT u THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into this day of , 2007, ("Effective Date") by and between the CITY OF EDGEWATER, a Florida municipal corporation, whose address is P.O. Box 100, Edgewater, Florida 32132-0100, (hereinafter referred to as the "Seller") and , whose address is (hereinafter referred to as the "Purchaser"). WITNE~~ETH: WHEREAS, the Seller is the owner of fee simple title to certain real property located in Edgewater, Volusia County, Florida, specifically within the ParkTowne Industrial Center, and graphically depicted on Exhibit "A" attached hereto and by this reference made a part hereof and consisting of acres with the legal description to be determined in accordance with the terms of this Agreement (the "Property"); and WHEREAS, the Purchaser desires to acquire from the Seller fee simple title to the Property in order to develop the Property as a ("Purchaser's Intended Purpose"); and Q WHEREAS, Seller has agreed to sell the Property to the Purchaser, and the Purchaser has agreed to purchase the Property, together with any and all improvements, structures, fixtures and appurtenances thereto on the terms and conditions stated below. NOW, THEREFORE, in consideration of the promises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. reference. Recitals. The above recitals are true and correct and are incorporated herein by u 2. The Purchase - The Property. Seller agrees to sell and the Purchaser agrees to purchase, for the Purchase Price (as defined below) and on the terms and conditions herein set forth, the Property, together with all tenements, hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto and all of the Seller's right, title, and interest therein. The Seller shall convey to the Purchaser marketable, fee simple title to the Property by Special Warranty Deed free and clear of all liens, mortgages and encumbrances, except for restrictions, reservations and easements of record, if any. The instrument of conveyance shall transfer all of Seller's interest in and to all improvements, fixtures, easements, trees, shrubbery, rights-of-way, tenements, appurtenances belonging or appertaining to the Property, including without limitation of the foregoing, all right, title and interest of Seller in and to any land lying in the bed of any street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated). Notwithstanding the foregoing, Purchaser acknowledges that Seller owns the Property in its capacity as a private land owner and not in its capacity as a governmental entity. Nothing herein shall be construed as requiring the Seller to convey to Purchaser any dedicated right-of-way held for the public or in Seller's capacity as a governmental entity. 1 ParkTowne Purchase & Sale Agreement 3. Earnest Money Deposit. (a) The Purchaser shall deliver an Earnest Money Deposit in the amount often U percent (10%) of the Purchase Price. The Earnest Money Deposit shall be by corporate check, cashier's check or certified fund, Attention: Foley & Lardner Trust Account. An Ernest Money Deposit in the amount of $ has been delivered. (b) The Earnest Money Deposit shall, to the extent paid, be applied against the Purchase Price payable at Closing. 4. Purchase Price/Special Conditions. The Purchase Price for the Property shall be AND NO/lOO DOLLARS ($ ) (the "Purchase Price"). The parties acknowledge that the Purchase Price is calculated on the basis of SEVENTY ONE THOUSAND FIVE HUNDRED AND NO/lOO DOLLARS ($71,500.00) per acre ofland within the boundary of the Property. Special Conditions shall include 5. Title. (a) Within ten (10) days after Seller delivers to Purchaser a copy of the Survey as provided in Paragraph 6 hereof, the Seller shall cause to be prepared an AL T A Form B Commitment showing good and marketable fee simple title to the Property vested in Seller, in the amount of the Purchase Price for an owner's title insurance policy (the "Title Commitment") issued either by Lawyers Title Insurance Corporation or First American Title Insurance Company through its agent Foley & Lardner (the "Title Company"). The costs of the Title Commitment, the subsequent owner's title insurance policy (the "Title Policy") and any title searches or status oftitle reports/certificates and updates associated therewith shall be paid by the Purchaser. The cost of the Title Policy shall be at the statutory promulgated rates. (b) Within ten (10) days from the Purchaser's receipt of the Title Commitment and the Survey ("Title Examination Period"), the Purchaser shall have examined the Title Commitment and shall deliver to Seller written notice of any title matters which are not acceptable to the Purchaser (the "Title Objections"). If the Purchaser raises any Title Objections, then Seller shall, at Seller's expense, undertake reasonable and diligent efforts to cure and remove such Title Objections within thirty (30) days after receipt of the Title Objections (the "Title Cure Period"). In the event an encumbrance or lien appears of record which will be discharged by Seller at or prior to Closing or from the closing proceeds, then such encumbrance or lien will not be considered to be a Title Objection. If, after the exercise of reasonable and diligent efforts, the Seller is unable to cure the Title Objections within the Title Cure Period (or such longer time period as the Purchaser, in its sole discretion may elect), then the Purchaser shall have the option to (i) terminate this Agreement by providing Seller with written notice of its intent to do so within then (10) days after the expiration of the Title Cure Period thus rendering the Agreement of no further force and effect except as otherwise provided herein and entitling Purchaser to full return of the Earnest Money Deposit or, (ii) waive such defect or defects and proceed to close, accepting title as it then is and without setoff or reduction in the Purchase Price. 2 ParkTowne Purchase & Sale Agreement <.) <.) v '-.J Q (c) At Closing, Seller shall provide the Title Company with such affidavit as is necessary to delete the standard exceptions in the Title Commitment including, without limitation, parties in possession, unfiled construction liens and unrecorded leases. 6. Survey. (a) Within (_) days from the Effective Date, the Seller, at the Seller's expense, shall cause to be prepared a current boundary survey of the Property (hereinafter referred to as the "Survey") prepared by a Registered Professional Land Surveyor, which includes a metes and bounds legal description of the Property and a certification of the gross acres of land located within the boundary ofthe Property. The Survey shall show any easements capable of being shown on the Survey, encroachments or overlaps on the Property. The legal description of the Property as set forth on the Survey shall be utilized in the Title Commitment, Title Policy, Special Warranty Deed and all other applicable closing documents. (b) The Purchaser shall, within the Title Examination Period, examine the Survey and shall deliver to Seller written notice of any survey matters which are not acceptable to the Purchaser (the "Survey Objections"). Survey Objections shall be treated in the same manner as Title Objections under Section 5(b) above. If the Purchaser fails to give written notice of Survey Objections within the Title Examination Period, then the Survey shall be deemed acceptable to Purchaser. (c) The Survey shall be certified to the Seller, the Purchaser, the Title Company, Foley & Lardner and such other entities as may be designated by the Purchaser and Seller. 7. Feasibility Investigation. (a) The Purchaser shall have (_) days from the Effective Date (The "Inspection Period") within which to investigate the physical and economic feasibility of developing the Property for the Purchaser's Intended Purpose including, without limitation, investigation of all applicable building, zoning, environmental and other codes, ordinances, statutes, rules and regulations affecting the Property, stormwater management, zoning and development standards, impact and development fees, drainage conditions, soils, other environmental factors, sewer and water utility capacity and availability factors, market demand, and any other factors whatsoever considered appropriate by the Purchaser, in its sole and absolute discretion, to determine the overall feasibility of Purchaser's Project. (b) F or the purposes of conducting this investigation, the Purchaser shall have the right, both during the Inspection Period and prior to Closing, to personally or through agents, employees, and independent contractors, to enter upon the Property for the purposes of inspecting the Property, making additional surveys, soil tests, test borings, topographical studies and conducting such other investigations of the Property and/or engineering work which the Purchaser deems appropriate. (c) To the extent permitted by law, the Purchaser shall assume all risks involved in entering upon the Property for the performance of such activities and to the extent permitted by law, shall indemnify and hold Seller harmless from and against all loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by the Purchaser in the exercise of any of the Purchaser's rights under this Section. In the event this Agreement fails to close, upon request of Seller, the Purchaser shall, at its sole cost and expense, 3 ParkTowne Purchase & Sale Agreement restore the Property to its condition as of the Effective Date and provide Seller a general release of all liens for any and all work or services provided n behalf of the Purchaser on the Property after the I '\ Effective Date. V (d) In the event the Purchaser determines, in its sole discretion that it is not desirable or feasible to develop the Property for the Purchaser's Intended Purpose or that it is not satisfied as to any other matters set forth in this Section, or any other matters which the Purchaser deems relevant, then in such event the Purchaser may, in the Purchaser's sole discretion, elect to terminate this Agreement by furnishing written notice thereof to Seller prior to the expiration of the Inspection Period, the Earnest Money Deposit shall be returned to Purchaser, and the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of this Agreement. 8. "As Is" Condition. Purchaser understands and agrees that it is purchasing the Property in an "as is" condition with all faults and without any representation or warranty on the part of the Seller except as otherwise specified herein. Purchaser represents and warrants to Seller that Purchaser is relying solely upon its own investigations and inspections made during the Inspection Period, and as a result Seller shall not be obligated to make any modifications to the Property as a condition to Purchaser's obligation to close. 9. Closing Date. The Purchaser shall pay for the cost of the Title Commitment, Title Policy and any reasonable associated fees, the cost of recording the Special Warranty Deed, any documentary stamp taxes and intangible taxes associated with the Purchaser's purchase of the Property and Purchaser's attorneys' fees and costs. Seller shall pay for the cost ofthe Survey, the 0 cost of recording any corrective instruments, the costs for preparing the closing documents and Sellers' attorneys' fees and costs. 10. Closing. Closing for the Property shall take place at the offices of the City Attorney at the City of Edgewater, 104 N. Riverside Drive, Edgewater, Florida 32132-0100 at 10:00 a.m. within ten (10) days of the expiration of the Inspection Period (the "Closing"). Seller's legal counsel shall be responsible for the preparation of all closing documents. . 11. Seller's Representation and Warranties. Seller represents and warrants to the Purchaser that the following statements are true and correct, and the Purchaser's obligation to close shall be conditioned on the same being true and correct as of the Closing: (a) Seller has full power and authority to enter into and perform this Agreement in accordance with its terms and has taken all necessary action or equivalent to authorize the execution, delivery and performance of the terms and conditions of this Agreement. (b) Seller owns marketable fee title to the Property and Seller's execution, delivery and/or performance of this Agreement is not prohibited and will not cause a default under any agreement, covenant, document or instrument. (c) To the best of Seller's actual knowledge, Seller has not received any notice (i) that the continued ownership, operation, use and occupancy of the Property violates any zoning, I "'\ building, health, flood control, fire or other law, ordinance, order or regulation or any recorded V document affecting the Property or (ii) of the existence of any dangerous or illegal condition with respect to the Property requiring corrective action. Seller has no actual knowledge of violations of 4 ParkTowne Purchase & Sale Agreement , u federal, state, county or municipal law, ordinance, order, regulation or requirement affecting all or any portion of the Property and the Seller has received no written notice of any such violation issued by any governmental authority. Seller has no actual knowledge of any dangerous or illegal condition with respect to the Property or affecting the Property which requires corrective action. (d) To the best of Seller's actual knowledge, there is no pending litigation or dispute involving or concerning the location of the boundaries of the Property or in any way affecting the title to or ownership of the Property. (e) Except for this Agreement or as evidence by instruments recorded in the Public Records of V olusia County, Florida, Seller has not entered into any leases, licenses, contracts or other agreements relating to an portion of the Property which will survive the Closing. (f) Seller represents that there are no mechanics liens or other claims against the Property and that the Seller has no unpaid bills for labor or services performed on, or for material supplied to the Property, except for those unpaid bills which will be paid prior to the Closing or paid by Seller with funds escrowed from the Closing proceeds. (g) No member of the Edgewater City Council, no agent or employee of Vol usia County, and no person related by blood or marriage to any of the aforesaid has or will benefit in anyway, either directly or indirectly, from, or receive any portion of the payments to be made to Seller under the provisions of this Agreement. o (h) There are no persons or entities in possession of all of any portion of the Property, as the case may be, as lessees, tenants at sufferance, licensees or trespassers. At the time of Closing, no person or entity shall be entitled to or be in possession of any portion of the Property. (i) There is continuous ingress and egress to the Property by means of a dedicated public road. 12. Buyers' Representations and Warranties. Purchaser represents and warrants to the Seller that the following statements are true and correct, and the Seller's obligation to close shall be conditioned on the same being true and correct as of the Closing: (a) Purchaser has the full right, power and authority to purchase the Property from Seller as provided in this Agreement and Purchaser has the full right, power and authority to carry out its obligations hereunder; and (b) Execution and delivery of, and the performance of all obligations under this Agreement by Purchaser does not and will not require any consent or approval of any person or entity other than Purchaser. u 13. Broker. (a) Seller represents and warrants to the Purchaser that it is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about of this transaction or the consummation hereof. Seller agrees to indemnify and to hold the Purchaser harmless from any such commission, fees, or compensation which may be claimed to be due through the Seller or pursuant to the acts of Seller or Seller's representatives. 5 ParkTowne Purchase & Sale Agreement Seller further covenants and agrees to indemnify the Purchaser for damages, court costs and reasonable attorneys' fees and paralegal's fees, at both a trial and appellate levels, incurred as a result of any such claim. U (b) The Purchaser represents and warrants to Seller that is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about ofthis transaction or the consummation hereof. To the extent permitted by law, the Purchaser agrees to indemnify and to hold Seller harmless from any such commission, fees or compensation which may be claimed to be due through the Purchaser or pursuant to the acts of Purchaser of Purchaser's representative. To the extent permitted by law, the Purchaser further covenants and agrees to indemnify Seller for damages, court costs and reasonable attorneys' fees and paralegal's fees, at both the trial and appellate levels, incurred as a result of any such claim. (c) The provisions ofthis Section shall survive the termination ofthis Agreement. 14. Escrow Agent. The Escrow Agent shall not be liable except for the performance of its duties hereunder as specifically set forth herein. Prior to disbursing the Eamest Money Deposit, unless at Closing or in the event this Agreement is terminated pursuant to the provisions contained herein, Escrow Agent shall notify the Seller and Purchaser, in writing, that one of the parties has requested disbursement ofthe Earnest Money Deposit. The Escrow Agent may release the Eamest Money Deposit in the event it does not receive contrary instructions within five (5) days from the date of delivery of the notice of requested disbursement. If there is any dispute with respect to the application of the Earnest Money Deposit without a court order or the written consent of both Purchaser and Seller and, under such circumstances, the Escrow Agent shall be authorized, but not 0 obligated, to deposit the funds in the court in which any litigation is pending. In either case, the Escrow Agent shall not be liable for any mistake offact or error of judgment or any acts or omissions of any kind, unless caused by its willful misconduct or gross negligence. The Escrow Agent may relay on any instrument or signature believed by it to be genuine, and may assume that any person purporting to give any writing, notice or instruction is duly authorized to do so by the party on whose behalf such writing, notice or instruction is given. The parties agree to indemnify and hold Escrow Agent harmless from any and all expenses incurred in connection with its duties hereunder, including, but not limited to, reasonable attorneys' fees and costs and appellate attorneys' fees costs in any action under this Agreement where Escrow Agent is made a party. The indemnification provided herein shall not apply in the event of Escrow Agent's gross negligence or willful misconduct. 15. Further Documentation. The parties agree that at anytime following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of wither party hereunder and the consummation ofthe transactions contemplated hereby. The provisions of this paragraph shall survive the Closing. 16. Default and Remedies. (a) If the sale contemplated by this Agreement is not consummated because of Purchaser's default, then Seller shall receive and retain the Earnest Money Deposit as full liquidated I "\ damages for such default of Purchaser, the parties hereto acknowledging that it is impossible more V precisely to estimate the damages to be suffered by Seller upon Purchaser's default, and the parties expressly acknowledging that retention of the Earnest Money Deposit is intended not as a penalty, 6 ParkTowne Purchase & Sale Agreement u but as fully LIQUIDATED DAMAGES. Seller's right to the Earnest Money Deposit as full liquidated damages is Seller's SOLE AND EXCLUSIVE remedy in the event of default hereunder by Purchaser, and in consideration of its retention of the Earnest Money Deposit, Seller hereby waives and releases any right to (and hereby covenants that it shall not) sue Purchaser: (i) for specific performance of this Agreement, or (ii) to prove that Seller's actual damages exceed the Earnest Money Deposit which are hereby provided to Seller as full liquidated damages. (b) If the sale contemplated by this Agreement is not consummated through default of Seller, then the Purchaser shall elect as Purchaser's sole remedy, either: (1) to terminate this Agreement and demand and promptly receive from the Escrow Agent the return of the Earnest Money Deposit and upon the return of such monies, the parties shall have no further rights or obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement, or (2) seek specific performance of this Agreement; provided, however, that unless Purchaser files with the clerk of a court ofthe appropriate jurisdiction, the legal process necessary to seek and obtain specific performance of this Agreement within sixty (60) days from the date Purchaser becomes aware of or receives notice of such default, then Purchaser shall be deemed to have forever waived its right to seek and obtain specific performance of this Agreement. Q 17. Notices. Whenever in this Agreement it shall be required or permitted that notice be given or served by either party hereto on the other, such notice shall be in writing and shall be deemed served when either delivered in person to the following designated agents for that purpose, sent by facsimile, nationally recognized overnight carrier, or deposited in the United States Mail overnight delivery, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the other party as follows: If to Seller: City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Attn: Jon C. Williams, City Manager Phone: 386-424-2404 Fax: 386-424-2421 copy to: Paul E. Rosenthal, City Attorney Foley & Lardner LLP 111 N. Orange Avenue, Suite 1800 Orlando, Florida 32801 Phone: 407-244-3245 Fax: 407-648-1743 or such other addresses as Seller may hereinafter designate by written notice to Purchaser. Any notice to be served on Purchaser shall be addressed as follows: If to Purchaser: <.) Attn: Phone: Fax: 7 ParkTowne Purchase & Sale Agreement or such other addresses as Buyer may hereinafter designate by written notice to Seller. Any notice to be served on Escrow Agent shall be addressed as follows: u If to Escrow Agent: Foley & Lardner LLP 111 N. Orange Avenue, Suite 1800 Orlando, Florida 32801 Attn: Paul E. Rosenthal Phone: 407-244-3248 Fax: 407-648-1743 or such other addresses as Escrow Agent may hereinafter designate by written notice to both Purchaser and Seller. 18. Time of Essence. Time is of the essence for this Agreement and in the performance of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied by the parties hereto. 19. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers ofthe provisions ofthis Agreement shall be made by the parties only in writing by formal amendment. 20. Counterparts; Facsimile Copies. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed to be an original () instrument, but all such counterparts together shall constitute one and the same instrument. Facsimile copies of this Agreement and any amendments hereto and any signatures thereon shall be considered for all purposes as originals, provided that each of the parties hereto delivers an executed counterpart original of this Agreement and any amendments hereto to the other party by hand delivery or overnight courier within three (3) business days after the date of execution of the facsimile copy of this Agreement and any amendments hereto. 21. Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. 22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns. 23. Time for Acceptance. The Purchaser is irrevocably executing this Agreement prior to approval by the Seller; provided, however, that in the event the Seller does not approve and execute this Agreement on or before , 2007, then the Purchaser's execution hereof shall be automatically terminated and the Seller shall immediately return to the Purchaser the executed originals hereof. 24. Assignment. Purchaser may assign this Agreement only with the written consent of Seller. Upon an assignment by Purchaser, Purchaser shall thereafter be released from all obligations and liability arising out of this Agreement, so long as (i) Purchaser shall provide written notice of such assignment to Seller, (ii) Purchaser shall provide Escrow Agent with written notice and an assignment ofthe Deposit to the assignee, and (iii) Purchaser and assignee enter into an Assignment o 8 ParkTowne Purchase & Sale Agreement Agreement approved by Seller wherein the assignee shall assume all of Purchaser's obligations and liabilities under this Agreement. u 25. Energy-Efficiency. Pursuant to Florida Statutes Section 553.996, Seller hereby notifies Purchaser that Purchaser may have the Property's energy-efficiency rating determined. Purchaser hereby (i) acknowledges its receipt of the informational brochure entitled "Florida Building Energy Efficiency Rating System - Commercial Buildings" prepared by the State of Florida Department of Community Affairs, and (ii) waives its right to be provided with the energy-efficiency rating of the Property. 26. Radon Gas Disclosure. The following disclosure is required in all real estate leases under Section 404.056, Florida Statutes. "Radon Gas. Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." 27. Effective Date. The Effective Date of this Purchase and Sale Agreement shall be the date that it is executed by the Seller and such date shall be inserted on the front page of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to '-> become effective as of the date and year first above written. PURCHASER: By: Name: Title: Executed on ,2007 v 9 ParkTowne Purchase & Sale Agreement Signed, sealed and delivered in the presence of: ATTEST: SUSAN J. WADSWORTH City Clerk For the use and reliance only by the City of Edge water, Florida. Approved as to form and legality this day of ,2007. By: Robin L. Matusick Paralegal Reviewed and Approved: By: Elizabeth J. McBride Assistant City Manager Date: ParkTowne Purchase & Sale Agreement SELLER: CITY OF EDGEWATER, a Florida municipal corporation By: MICHAEL L. THOMAS Mayor Executed on: ,2007 AUTHORITY TO APPROVE GRANTED BY THE CITY COUNCIL OF THE CITY OF EDGE WATER AT A MEETING HELD ON FEBRUARY 3, 2003. 10 u u o (.) ~ v ParkTowne Purchase & Sale Agreement EXHIBIT" A" PR9PERTY LOGATIQN 11