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05-21-2007 Voting Order Councilwoman Rhodes Councilwoman Lichter Mayor Thomas Councilwoman Rogers Councilman Vincenzi AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING May 21, 2007 7:00 P.M. COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. I. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INYOCA TION 2. APPROY AL OF MINUTES - None at this time. 3. PRESENT A TIONSIPROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS 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 A. 2nd Reading, Ord. No. 2006-0-37, City of Edgewater, on behalf of Frank and Donna Morris, requesting an amendment to the Official Zoning Map to include I OJ: acres of land located north of Oak Trail, west of 2967 Oak Trail as R T (Rural Transitional) cont. from 3/5/07, item 7G (rezoning). B. Resolution No. 2007-R-05, which would include property owned by Southeast Yolusia Hospital District as vested pursuant to the Annexation Agreement which allows heights in excess of 35 feet. 8. BOARD APPOINTMENTS A. Planning & Zoning - nomination by Mayor Thomas to fill a vacant seat due to the expired term (06/06/2007) of Gigi Bennington, who seeks reappointment. B. Economic Development Board - I. Nomination by Councilman Vincenzi to fill a vacant seat due to the expired term (06/06/2007) of Doug McGinnis. 2. Nomination by Councilwoman Rhodes to fill a remaining term due to the resignation (04/25/2007) of Jerry Anderson. 3. Nomination by Councilwoman Lichter to fill a vacant seat due to the expired term (06/06/2007) of Marcia Barnett, who seeks reappointment. City Council Agenda May 21, 2007 Page -2- C. Citizen Code Enforcement Board - I.Nomination by Councilwoman Rhodes to fill a vacant seat due to the expired term (06/21/2007) of Gene Mirabella, who seeks reappointment. 2.Nomination by Councilwoman Lichter to fill a vacant seat due to the expired term (06/21/2007) of Ed Corn, who seeks reappointment. 3.Nomination by Mayor Thomas to fill a vacant seat due to the expired term (06/21/2007) of Jean Kayat, who seeks reappointment. D. Police Pension Board - nomination by Councilwoman Rogers to fill a vacant seat due to the expired term (06/20/2007) of Ferd Heeb, who seeks reappointment. 9. OTHER BUSINESS A. Sale of Park Towne Property - staff recommending approval of a Purchase and Sale Agreement and Addendums (2) with MGM Real Estate Group, Inc. for 82:!: acres of City owned property located in ParkTowne Industrial Center for $4.5 million and authorize the Mayor to execute all associated contract and closing documents. B. Green WasteNard Trash Request for Proposal- staff recommending approval to award the Agreement (5 yr term) to Cloer and Sons, Inc. for a fee of $4.50 per cubic yard ($180,000) and authorize the City Manager to execute the documents. C. Shuffleboard Courts - per City Council request, discussion regarding temporary postponement/proceeding with capital project to construct shuffleboard clubhouse and courts. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Planning & Zoning Board request to Council for Joint Workshop. 2) Special Meetings scheduled for May 23, 2007 and May 30, 2007 to consider Ord No. 2007-0-12 which could increase the senior homestead exemption of up to $50,000.00. 3) Tentative Agenda Items. 11. CITIZEN COMMENTS 12. ADJOURN. Note. All items for inclusion on the June 4, 2007, agenda must be received by the City Manager's office no later than 12:00 pm, Thursdav, May 24, 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 xllOl, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800- 955-8771. I:\liz _ docs\agendas\052107reg '1,A AGENDA REQUEST Date: May 10. 2007 PUBLI C HEARING May 21. 2007 RESOLUTION ORDINANCE X BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2nd Reading' Ordinance No. 2006-0-37 City of Edgewater requesting an amendment to the Official Zoning Map to include 10:1: acres of land located north of Oak Trail, west of 2967 Oak Trail as RT (Rural Transition). OWNER: Frank and Donna Morris APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural Transi tional). PROPOSED USE: Single-family residential LOCATION: North of Oak Trail, west of 2967 Oak Trail AREA: 10:1: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Transition with Conservation Overlay. ZONING DISTRICT: Volusia County -A-3 and RC VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Conservation Volusia County - RC (Resource Corridor) East Single Family Volusia County - Urban Low Volusia County - RC (Resource Residential Intensity and Environmental Corridor) and A-3 (Transitional Systems Corridor Agriculture) South Single Family Vol usia County - Urban Low Volusia County - RC (Resource Residential Intensity and Environmental Corridor) Systems Corridor West Vacant Conservation Volusia County - RC (Resource Corridor) Background This property is located at the western terminus of Oak Trail and was annexed into the City on June 6, 1994. The amendment to the Future Land Use Map was completed in December 2001. The 10 acre site contains two (2) five (5) acre parcels, the property owner is proposing to split the eastern parcel into two (2) 2- Yz acre parcels. RZ-0617 - Morris At their regular meeting of August 8, 2006 the Planning and Zoning Board voted 5-0 to send a favorable recommendation to City Council for the proposed amendment to the Official Zoning Map. City Council continued this request at their November 6, 2006, February 5, 2007 and March 5, 2007 meetings. At first reading on May 7, 2007 City Council voted 4-1 to approve the requested amendment. Land Use Compatibility The proposed amendment is compatible with the surrounding area of residential uses. Adequate Public Facilities This site has access to Oak Trail. City water is currently available to this site. Sewer service is currently not available at this time. Natural Environment Due to the Conservation Overlay on this site an environmental analysis must be provided and approved by staff prior to anyon-site development. Comprehensive Plan Consistency The Zoning Classification ofRT (Rural Transitional) is compatible with the Future Land Use designation of Low Density Transition per Table III -1 of the Land Development Code. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-37: amending the Official Zoning Map to include 10:1: acres of land located north of Oak Trail, west of 2967 Oak Trail as RT (Rural Transition). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-37. PREVIOUS AGENDA ITEM: YES X NO DATE: November 6. 2006 Februarv 5. 2007 March 5. 2007 Mnv 7. 2007 AGENDA ITEM NO. 7J 7C 7G 7E Respectfully Submitted By: D~a~~- Development Services Director RZ-0617 - Morris 2 ORDINANCE NO. 2006-0-37 AN ORDINANCE REZONING A PARCEL OF APPROXIMATELY 10.00 ACRES LOCATED NORTH OF OAK TRAIL, WEST OF 2967 OAK TRAIL, EDGEW A TER, FLORIDA, FROM COUNTY A-3 (TRANSITIONAL AGRICUL TURE) TO CITY RT (RURAL TRANSITIONAL); AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. City of Edge water, applicant/agent on behalf of Frank and Donna Morris, owners, for property located North of Oak Trail, West of2967 Oak Trail, Edgewater, Florida. Subject property contains approximately 10.00 :!: acres more or less. 2. The owners/applicants have submitted an application for a change in zoning classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the property described herein. 3. On August 9, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 5 - 0, the Board recommended that City Council consider approval of the request. 4. On November 6, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on October 26, 2006. Stl t1.:.k tlllObgh passages are deleted. Underlined passages are added. 2006-0-37 a. During the November 6, 2006 Council meeting a Motion was made to TABLE the first reading by Councilwoman Lichter with Second by Councilwoman Rhodes, Council approved. b. During the February 5, 2007 Council meeting a Motion was made by Councilwoman Lichter with Second by Councilwoman Rhodes, to TABLE the first reading until March 5, 2007, Council approved. c. During the March 5, 2007 Council meeting, it was determined to indefinitely continue first reading of this ordinance. d. Additional legal advertisements and notice letters were placed for this ordinance to be heard during the May 7, 2007 and May 21, 2007 Council meetings. 5. On May 7,2007, the City Council considered on first reading on the application, after publishing notice on such hearing on April 26, 2007, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. On May 21, 2007, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on May 10, 2007, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 7. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. St. tick till otlgh passages are deleted. Underlined passages are added. 2006-0-37 2 8. The proposed change in zoning classification is not contrary to the established land use pattern. 9. The proposed change in zoning classification will not adversely impact public facilities. 10. Changed or changing conditions make the proposed amendment necessary. 11. The proposed change in zoning classification will not have an adverse effect on the natural environment. 12. The proposed change will not have a negative effect on the character of the surrounding area. 13. The City Council finds that the requested rezoning does not affect a large portion of the public, but rather has impact on a limited number of persons or property owners. 14. The City Council finds that the requested rezoning is a decision contingent on a fact or facts arrived at from distinct alternatives and that the requested rezoning decision can be functionally viewed as policy application, rather than policy setting. 15. The City Council finds the consideration of this rezoning to be a quasi-judicial act rather than a legislative act of the City Counil. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County A-3 (Transitional Agriculture) to City RT (Rural Transitional). Stl tick tll. ongh passages are deleted. Underlined passages are added. 2006-0-37 3 The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #1- A portion of Lots 15 and 16, Model Land Company Subdivision as recorded in Map Book 5, Page 187 of the Public Records of V olusia County, Florida described as follows: Commence at Southeast comer of Lot 22, said Model Land Company Subdivision; thence S 69038'30" W along the Southerly line of said Model Land Company Subdivision a distance of2687.55 feet; thence N 21007'05" W, a distance of622.50 feet for the Point of Beginning; thence continue N 21007'05" W, a distance of622.50 feet to the Northerly line of said Model Land Company Subdivision; thence N 69038'30" E along said Northerly line a distance of 350.00 feet; thence S 21007'05" E, a distance of 622.50 feet; thence S 69038'30" W, a distance of 350.00 feet to the Point of Beginning. Together with the right to use the following described property for ingress and egress: Commence at a concrete monument being the Southeast comer of Lot 22, Model Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public Records of Vol usia County, Florida; thence South 69038' 30" West along the South line of said Model Land Company Subdivision, a distance of 169.23 feet to the West Right-of- Way of Air Park Road (County Road) a 50 foot Right-of-Way as now laid out; thence North 23024'10" West a distance of593.29 feet to the South line ofa 60 foot Road and Utility Easement and the Point of Beginning; thence South 69038'30" West and parallel to the South line of Model Land Company Subdivision aforementioned for a distance of 2144.67 feet; thence North 21007'05" West a distance of 60.00 feet; thence North 69038'30" East, a distance of2142.27 feet to the West Right-of-Way of said Air Park Road; thence South 23024'10" East, along the said West Right-of-Way a distance of60.08 feet to the Point of Beginning. Containing 5.00 ::!: acres more or less. PARCEL #2 - A parcel ofland lying in and being a part of Lots 16 and 17, Model Land Company Subdivision, according to the plat thereof as recorded in Map Book 5, Page 187, of the Public Records of Vol usia County, Florida, being more particularly described as follows: Stl tlc,k tIll otl~h passages are deleted. Underlined passages are added. 2006-0-37 4 Commence at the Southeast comer of Lot 22, said Model Land Company Subdivision, thence South 6903 8'30" West along the South line of said Model Land Company Subdivision for a distance of 169.23 feet to the West Right-of-Way of Air Park Road (County Road), a 50 foot Right-of-Way as now laid out; thence North 23024'10" West along said West Right-of-Way for a distance of 1246.47 feet to the South Right-of-Way of a 30 foot platted road as shown on Plat of Model Land Company Subdivision, aforementioned; thence South 69038'30" West along said South Right-of- Way for a distance of 1768.62 feet for the Point of Beginning; thence South 21001'05" East and parallel to the East line of said Lot 22 for a distance of 622.5 feet; thence South 69038'30" West for a distance of 350 feet thence North 21001'05" West for a distance of622.5 feet to the South Right-of-Way of the 30 foot platted road aforementioned; thence along said South Right-of- Way North 69038'30" East for a distance of 350 feet to the Point of Beginning. Said Property being also known as Parcel 16 of Stanley Acres Phase I, an Unrecorded Subdivision. Together with the right to use a 60 foot easement for road and utility purposes more particularly described as follows: Commence at a concrete monument being the Southeast comer of Lot 22, Model Land Company Subdivision, according to the plat thereof as recorded in map Book 5, Page 187, of the Public Records of Volusia County, Florida; thence South 69038'30" West along the South line of said Model Land Company Subdivision for a distance of 169.23 feet to the West Right-of- Way of Air Park Road (County Road) a 50 foot Right-of- Way as now laid out; thence North 23024'10" West for a distance of593.29 feet to the South line ofa 60 foot Road and Utility Easement and the Point of Beginning; thence South 69038'30" West and parallel to the South line of Model Land Company Subdivision aforementioned for a distance of 2144.67 feet; thence North 21001'05" West for a distance of60.00 feet; thence North 69038'30" East for a distance of2142.27 feet to the West Right-of-Way of said Air Park Road; thence South 23024'10" East along the said West Right-of-Way for a distance of60.08 feet to the Point of Beginning. Containing 5.00 :!: acres more or less. F or a total of Parcel # 1 and Parcel #2 containing 10.00 :!: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. Stltlck t1uongh passages are deleted. Underlined passages are added. 2006-0-37 5 PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. 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 D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. 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 F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. StllKk tIll ongh passages are deleted. Underlined passages are added. 2006-0-37 6 PART G. ADOPTION. After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on the first reading of this ordinance held on May 7, 2007 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X After Motion to approve by ----X- and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter StI tick t1l1otl~h passages are deleted. Underlined passages are added. 2006-0-37 7 PASSED AND DULY ADOPTED this 21st day of May, 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 Stltlck tIlIotl~h passages are deleted. Underlined passages are added. 2006-0-37 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 21 st day of May, 2007 under Agenda Item No. 7_, 8 ~ ~ n:J o € (!) 9..0 "CI) ,- .- a: .E .... <lz ~ .as ~i '-+, 10 . AGENDA REQUEST C.A. #2007-050 Date: Mav 14, 2007 PUBLIC HEARING OS/21/2007 RESOLUTION OS/21/2007 ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Resolution #2007-R-05 Determining vested rights related to the Southeast V olusia Hospital District Property BACKGROUND: On November 7, 2006, the voters of the City approved a citizen initiative amendment to the City Charter that limits the height of new buildings within the City to a maximum of 35 feet (Height Amendment). On January 8, 2007, City Council approved Resolution No. 2007-R-Ol which acknowledged, recognized and determined the vested rights of certain property owners named pursuant to approved PUD Agreements entered into prior to the November 7, 2006 effective date of the Height Amendment. However, the City of Edgewater entered into an Annexation Agreement dated December 6, 2004 with the Southeast Volusia Hospital District for their property located West of U.S. Highway No. 1 and Northwest of 4115 South U.S. Highway No.1 (just South of Public Safety Boulevard) which allowed building heights in excess of 35 feet. This approved Annexation Agreement was inadvertently omitted from Resolution No. 2007-R-01. Resolution No. 2007-R-05 acknowledges, recognizes and determines vested rights related to the property owned by the Southeast V olusia Hospital District pursuant to their Annexation Agreement and future Planned Unit Development Agreement to be negotiated. STAFF RECOMMENDATION: Staff recommends approval of Resolution #2007-R-05 to include the Southeast Volusia Hospital District property. ACTION REQUESTED: Motion to approve Resolution #2007-R-05. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Concurrence: ~~J< Robi L. Matusick l Paralegal rIm THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Carolyn S. Ansay, Esquire DORAN, WOLFE, ANSA Y & KUNDID 444 Seabreeze Boulevard, Suite 800 Daytona Beach, FL 32118 (386) 253-1111 RESOLUTION NO. 2007-R-05 (Vested Rights Determination for Southeast V olusia Hospital District) A RESOLUTION OF THE CITY OF EDGEW A TER, FLORIDA, PROVIDING THAT THE CITY COUNCIL OF THE CITY OF EDGEW A TER ACKNOWLEDGES, RECOGNIZES AND DETERMINES THAT THE RIGHTS OF THE SOUTHEAST VOLUSIA HOSPITAL DISTRICT TO CONSTRUCT BUILDINGS IN EXCESS OF 35 FEET PURSUANT TO THE ANNEXATION AGREEMENT APPROVED BY THE CITY PRIOR TO NOVEMBER 7, 2006 ARE DETERMINED TO BE VESTED RIGHTS, AND ACCORDINGL Y, NOT SUBJECT TO THE 35 FEET HEIGHT LIMITATION IMPOSED BY THE CITIZEN INITIATIVE CHARTER AMENDMENT THA T 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 THE RIGHT TO REL Y ON THE DEFINITION OF "BUILDING HEIGHT" CONTAINED IN THE EDGEW ATERLAND DEVELOPMENT CODE FOR THE PURPOSE OF CALCULATING THE MAXIMUM BUILDING HEIGHT PERMITTED UNDER AN 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 RECORDING; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 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 the City to a maximum of 35 feet (the "Height Amendment"). The full text of the Height (Resolution/2007 -R -05) 1 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 ofthis amendment, may be completed, repaired OJ; 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, the City Council entered into an Annexation Agreement with the Southeast Volusia Hospital District, Edgewater Properties, LLC and Dixie Highway, LLC ("Property Owners"), dated December 6,2004 and recorded in the Public Records of Vol usia County at Book 5458, Page 1979 ("Approved Annexation Agreement"). The full text of the Approved Annexation Agreement is attached hereto as Exhibit "B" and by this reference made a part hereof; WHEREAS, the Approved Annexation Agreement contains the terms normally provided for in a planned unit development agreement, including an allowance 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 (Resolution/2007 - R-05) 2 "Charter Building Height Definition"); WHEREAS, Section 21-20.02 ofthe Edgewater Land Development Code defines "building height" as the "vertical distance measured from the required minimum finished 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 the Property Owners' right to construct buildings in excess of35 feet pursuant to the Approved Annexation 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; WHEREAS, the City Council of the City of Edgewater desires to acknowledge, recognize and determine that the Property Owners' right to rely on the LDC Building Height Definition for the purpose of calculating the maximum building height permitted under the Approved Annexation 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; WHEREAS, on January 8, 2007, the City Council approved Resolution 2007-R-Ol acknowledging, recognizing and determining the vested rights of certain property owners named therein pursuant to Approved PUD Agreements entered into prior to the November 7, 2006 effective date of the Height Amendment; and WHEREAS, the Approved Annexation Agreement described herein was inadvertently omitted from Resolution 2007-R-01. 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 of the Constitution of the State of Florida and Chapter (Resolution/2007 -R -05) 3 166, Florida Statutes. SECTION 2. Vested Ri~hts for Buildings in Excess of35 Feet. The City Council of the City of Edgewater, Florida, hereby acknowledges, recognizes and determines the Property Owners' right to construct buildings in excess of35 feet pursuant to an Approved Annexation Agreement is a vested right, and accordingly, said Property Owners are not subject to the height limitation imposed by the Height Amendment with respect to development that complies with the Approved Annexation Agreement and future Planned Unit Development Agreement to be negotiated between the City and the Property Owners in accordance with the Annexation Agreement (the "future PUD Agreement"); provided, however, that if (i) the City terminates the future PUD Agreement due to a default by the Property Owners or their agents or assigns, or (ii) the future PUD Agreement is terminated in accordance with its terms, then the City shall consider any vested rights to construct buildings in excess of 35 feet under such future 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 Annexation Agreement or an approved PUD Agreement. SECTION 3. Vested Rights to Relv on LDC Building Height Definition. The City Council ofthe City of Edge water hereby acknowledges, recognizes and determines that the Property Owners' right to rely on the LDC Building Height Definition for the purpose of calculating the maximum building height permitted under the Approved Annexation 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 the future PUD Agreement due to a default by the Property Owners or their agents or assigns, or (ii) the future 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 (Resolution/2007 -R -05) 4 Amendment as a condition to amend an Approved Annexation Agreement or an approved PUD Agreement. SECTION 4. Recordation. A certified copy ofthis Resolution shall be filed with the Clerk of the Circuit Court, Volusia County and duly recorded among the Public Records of Vol usia County, Florida. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this day of ,2007. After Motion for approval by , the vote on this Resolution was as follows: and Second by AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter (Resolution/2007 -R-05) 5 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: Carolyn S. Ansay, Esq. City Attorney Doran, Wolfe, Ansay & Kundid (Resolution/200? -R -05) day of ,2007 APPROVED: 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 this _ day of ,2007 under agenda Item No. 6 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 ofthe 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, fire 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-05) 7 Page 1 of 24 ... 12/17/2004 12:52 PH InstrtJlleOU 2004-318951 Book: 5458 Page: 1979 . \ THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Miranda F. Fitzgerald, Attorney Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando,FL 32802-2809 (407) 843-4600 FOR RECORDING DEPARTMENT USE ONL Y SOUTHEAST VOLUSIA HOSPITAL DISTRICT ANNEXATION AGREEMENT ~ ('l ;.~ .~; l: This Agreement is made and entered into this ~ day of ~ ,20ffL by and ,..... i;'1. i',\ ~\., t..... among the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"), and EDGEW A TER PROPERTIES, LLC, a Florida limited liability company; OAK HILL LAND, LLC, a Florida limited liability company; and DIXIE HIGHWAY, LLC, a Florida limited liability company (hereinafter collectively referred to as the "Ownership Entities") whose address for purposes of this Agreement is c/o Southeast V olusia Hospital District, 401 Palmetto Street, New Smyrna Beach, Florida 32168, and SOUTHEAST VOLUSIA HOSPITAL DISTRICT, a special independent tax district of the State of Florida, (hereinafter referred to as the "District''), whose address for purposes of this Agreement is 401 Palmetto Street, New Smyrna Beach, Florida 32168. WHEREAS, the Ownership Entities own fee title to certain properties more particularly described in Composite Exhibit "A" attached hereto and incorporated herein; and - 1 - Page 2 of 24 \ J Book: Page: 5458 1980 ~ WHEREAS, the District owns fee title to the property more particularly described in Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the properties described in Composite Exhibit "A" and in Exhibit "B" are collectively referred to herein as the "Property"; and WHEREAS, the District is the Manager of each of the Ownership Entities with sole decision making authority for the Ownership Entities; and WHEREAS, the District and the Ownership Entities represent to the City that they have authority to entcr into this Agreement; and WHEREAS, the City has encouraged the District and the Ownership Entities to annex the Property into the City, and the City acknowledges the continuing permanent benefit which the City will receive by virtue of annexing the Property and acquiring the right to provide municipal services to the Property; and WHEREAS, the City has determined that the development proposed for the Property will be of substantial benefit to the City and its citizens, and the City has determined that it is feasible to provide and extend to the Property municipal services such as police protection, fire protection, sanitary sewage collection and treatment, potable water, trash and garbage removal, and street and storm drainage maintenance, in accordance with the provisions of this Agreement and the City Code; and WHEREAS, the District and the Ownership Entities have petitioned for annexation of the Property in reliance on, and in consideration of, the offer of such municipal services by the City and the City's commitments regarding the development of the Property; and - 2- Page 3 of 24 J ) Book: 5458 Page: 1981 , WHEREAS, the District's and the Ownership Entities' willingness to annex the Property into the City is dependent upon the City's commitments regarding the development of the Property and the provision of municipal services, as set forth in this Agreement; and WHEREAS, the terms and conditions set forth in this agreement are consistent with and further the goals, objectives and policies of the City's Comprehensive Plan and are consistent with the City's Land Development Regulations, specifically including but not limited to, those regulations that promote flexibility in the creation and implementation of the City's Planned Unit Development Zoning Districts; and WHEREAS, the City is currently processing a Comprehensive Plan Amendment to designate the Property as Public/Semi-public with Conservation Overlay on the Future Land Use Map of the City's Comprehensive Plan; and WHEREAS, the City has determined that the Conceptual Master Plan attached hereto as Exhibit "C" is appropriate to serve as the basis for a Business Planned Unit Development ("BPUD") zoning district for the Property; and WHEREAS, the parties hereto desire to enter into this Agreement to facilitate development of the Property in a manner that is mutually agreeable and to set forth certain terms and conditions affecting the development of the Property that are material inducements to the District and the Ownership Entities to annex the Property into the City; and WHEREAS, the parties hereto acknowledge and warrant to each other that this Agreement, including any future acts as required hereby, is binding and enforceable on the City, the District and the Ownership Entities in accordance with its terms. - 3 - Page 4 of 24 , ) Book: 5458 Page: 1982 NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, each to the other provided, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS AND EXHIBITS. The above Recitals are true and correct, are incorporated herein by reference and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. 2. PERMITTED USES. The City acknowledges that the Property is located in immediate proximity to rapidly developing residential areas in the City and in unincorporated Volusia County. As such, the Property is ideally situated to allow development of a variety of health care services and facilities. The City finds that the proposed uses listed in this Section 2 are generally consistent with its vision for this area, and to that end, the City has initiated an amendment to the City's Comprehensive Plan to designate the Property as Public/Semi-public with Conservation Overlay on the Future Land Use Map. The City further acknowledges that it will duly consider an application for BPUD zoning for the Property that is consistent with a Future Land Use Map designation ofPublic/Semi~public with Conservation Overlay and that incorporates the following as permitted uses: (a) Medical and Dental Offices (b) Urgent Care Facilities (c) Ambulatory Surgical Facilities (d) Diagnostic Screening, Testing and/or Treatment Facilities ( e) Inpatient Hospital -4- Page 5 of 24 . , Book: 5458 Page: 1983 (f) Assisted Living and/or Continuing Care Facilities (g) Hospice Facilities (h) Police, Fire or Emergency Service Facilities (i) Stormwater Retention Facilities and Open Space Any future development within the Property shall be developed in compliance with all applicable City ordinances, resolutions, and regulations and with any applicable federal or state laws, rules or regulations in effect at the time of application for such development, unless otherwise provided herein. 3. DEVELOPMENT STANDARDS. The BPUD zoning application shall incorporate the following development standards: (a) Maximum height: 8 stories, not to exceed 96 feet, exclusive of parapets, chimneys, cupolas, steeples, and rooftop equipment that is screened from view. (b) Maximum impervious coverage: 80%. (c) Maximum FAR: 0.5. (d) Minimum buffer design: Where the perimeter of the Property abuts a residential zoning district, "Class B" landscape buffers as described in Table V-5 of the City's Land Development Code; in all other locations where landscape buffers are required, "Class A" buffers as described in Table V-5 of the City's Land Development Code. ( e) Parking requirements shall be in accordance with the City's Land Development Code. Cf) Setbacks and other development standards not otherwise mentioned in this Section 3 shall be determined at the time ofBPUD approval. - 5 - Page 6 of 24 . J , , Book: 5458 Page: 1984 4. CONVEYANCE OF PUBLIC SAFETY SITE. The District or the applicable OwnerShip Entity shall convey to the City a two (2) acre site (the "Public Safety Site") at a mutually acceptable location for construction by the City of a facility that may include fire, police and/or emergency services (the "Public Safety Facility"). The District shall receive a credit against fire and police impact fees for the fair market value of the Public Safety Site, as determined by an appraiser mutually acceptable to the District and the City. The cost of the appraisal shall be shared equally by the District and the City. Conveyance of the Public Safety Site to the City shall occur within forty-five (45) days following the parties' receipt of the appraisal, but no sooner than rezoning of the Property to BPUD consistent with the approved Comprehensive Plan designation, the City's Land Development Code and the terms of this Agreement. The City agrees to process a lot split to allow conveyance of the Public Safety Site. Conveyance to the City shall be by warranty deed, and the Public Safety Site shall be free and clear of all liens and encumbrances except easements of record that are acceptable to the City. At least thirty (30) days prior to conveyance of the Public Safety Site, the District shall deliver to the City a commitment to issue an Owner's Policy of Title Insurance naming the City as the insured (the "Title Commitment"). The original Owner's Policy of Title Insurance (the "Title Policy") shall be delivered to the City within thirty (30) days after the conveyance of the Public Safety Site. The cost and premium for the Title Commitment and the Title Policy shall be shared equally by the District and the City. The deed conveying the Public Safety Site to the City shall include a reverter clause which provides for automatic reversion of the Public Safety Site to the District or the Ownership Entity named in the deed in the event the City (i) fails to award the construction contract for the Public Safety Facility within three (3) years following the conveyance of the Public Safety Site; or (ii) fails to use the Public Safety Site for a Public Safety Facility or other public use acceptable to the District. A public library will be deemed an - 6 - Page 7 of 24 Book: Page: 5458 1985 acceptable public use. The City shall consult with the District in the process of designing the Public Safety Facility to ensure compatibility with the uses proposed for the adjoining development sites within the Property. 5. FEE WAIVERS. As an incentive to the District and the Ownership Entities to annex the Property, the City agrees to waive all application and review fees for the BPUD zoning process. Due to the public/semi-public nature of the uses proposed for development within the Property, the City also agrees to waive all (i) meter installation fees (ii) sidewalk construction fees, if applicable; and (iii) local road impact fees, if applicable. 6. PLANNING AND DEVELOPMENT COSTS. Unless otherwise specifically provided in this Agreement, the developers of sites within the Property shall pay all costs associated with planning and developing individual sites within the Property. 7. UTILITIES. The City hereby agrees to extend, at its sole cost and expense. water and sewer lines to the boundary of the Property in a time frame to be agreed upon with the District, or to reimburse the District for the actual costs of extending water and sewer lines to the boundary of the Property. In addition, the City shall pay all costs associated with oversizing any water lines, sewer lines or related facilities that the City asks the District or an Ownership Entity to oversize for the purpose of serving developments outside the boundaries of the Property. Payment of the oversizing costs shall be made concurrent with the installation of the on-site water line, sewer line or related facility that is being oversized. The City has determined that reclaimed water is unavailable and will not be available in the foreseeable future. Therefore, there shall be no City -7 - Page 8 of 24 Book: Page: 5458 1986 requirement to install any reclaimed water lines within the Property. If permitted by the water management district, a well may be used to augment the irrigation source of the stOlnlWater ponds. The District and the Ownership Entities agree to provide, without cost to the City, all required utility easements at mutually acceptable locations and agree to consult with the City regarding the width of such utility easements. The District and the Ownership Entities agree to require any buyers of the Property or portions thereof to take title subject to such utility easements. 8. ROAD IMPROVEMENTS. The City acknowledges and agrees that the traffic study submitted by the District adequately demonstrates that development of the Property, up to a cumulative total of 528 PM peak hour trips (based on ITE Trip Generation Report, Seventh Edition), will not adversely affect the adopted levels of service on the roads and intersections in the vicinity of the Property. The City hereby waives any further concurrency review and will not require offsite road improvements as a condition of developing the Property so long as the cumulative PM peak hour trips generated by development within the Property do not exceed 528. The City's concurrency management requirements shall apply to development within the Property that causes the cumulative PM peak hour trips generated to exceed 528. The need for acceleration lanes and/or deceleration lanes at entrances to the Property will be evaluated by the City at the time development of sites within the Property is proposed. If required for safe ingress and egress to the Property, acceleration and/or deceleration lanes shall be provided by the District or the site developer without cost to the City. - 8- Page 9 of 24 Book: 5458 Page: 1 987 9. ACCESS POINTS ON U.S. HIGHWAY 1. The Property has approximately 1,400 feet of frontage on U.S. Highway 1. The City agrees that the amount of frontage on U.S. Highway I is sufficient to allow two (2) full service access points for the Property. It is anticipated that one (1) of the access points may eventually receive warrants sufficient to allow installation of a traffic signal. If a signal is warranted at an entrance to the Property, the District or the Ownership Entities shall only be responsible for a pro-rata share of the costs associated with installation of the signal, since the signal will also serve the City's Public Safety Facility and properties on the east side of U.S. Highway 1. The . pro-rata share calculation shall be based on the number of PM peak hour trips impacting the intersection to be signalized. 10. SIGNAGE. Ground signs having with a maximum height often (10) feet and 100 square feet of copy area on each sign face, shall be allowed at both entrances on U.S. Highway 1. Wall signs and directional signs shall also be allowed in accordance with the provisions of the City's Land Development Code. All signage may be illuminated in accordance with the requirements set forth in the City's Land Development Code. 11. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR MATTERS. To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance, this Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. - 9- Page 10 of 24 Book: 5458 Page: 1988 12. APPEAL. If the District or an Ownership Entity is aggrieved by any City official interpreting the terms of this Agreement, the aggrieved party shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision. If the District or an Ownership Entity is aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal shall be initiated within fifteen (15) days of the adverse decision by filing of a written request with the City Manager for placement of the issue on the City Council agenda. The appeals before either the City Manager or the City Council shall be de novo. 13. AGREEMENT RUNS WITH THE LAND. In consideration of the mutual promises set forth in this Agreement, the parties acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO TIDS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. 14. RECORDING. Upon execution by all parties, the City shall record the Agreement with the Volusia County Clerk of Court. The cost of recording shall be paid by the City. - 10- Page 11 of 24 Book: 5458 Page: 1989 15. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 16. TIME OF THE ESSENCE. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 17. 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 of the provisions of this Agreement shall be made by the parties only in writing by formal amendment which shall be reviewed and approved by the City Council without prior review by the City's Planning and Zoning Board. Any amendment shall be recorded upon its execution with the Volusia County Clerk of Court. The cost of recording shall be paid by the party initially requesting the amendment. 18. FURTHER DOCUMENTATION. The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in fonn and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 19. SPECIFIC PERFORMANCE. Either the City, the Ownership Entities, or the District shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. - 11 - Page 12 of 24 Book: Page: 5458 1990 20. ATTORNEYS' FEES. In the event any party finds it necessary to commence an action against any other party or parties to enforce any provision of this Agreement or because of a breach by the another party or parties of any terms hereof, the prevailing party shall be entitled to recover from the oon- prevailing party or parties its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 21. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 22. CAPTIONS. Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions ofthis Agreement. 23. SEVERABILITY. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the 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 hereof. (Signature Blocks on Following Pages) - 12 - Page 13 of 24 Book: 5458 Page: 1991 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. Approval of the City Council to enter into this Agreement occurred on the .J.- day of ~ ,2001... "CITY" . ....-.. . ........ 'AITE~T: .. " "'~'~ . ':." .,' I"" , '. .'. . ". . ", '.~ '. ....... .f FLA"lf.o'. ...;.... ~" "~ .' ct"l. v'T~ ..,.... '}r?~t$;:.~_. , . ;;:;-..:: . . '. . '.';:~;":'~ -::>. .~. '..:', J. : ~;Orth .;.-:::. ..:\.... ?., ..... .dty'6erK ;;r~::'~'t ';~:':'~'~"';"" ."'~.iIp r..~,:""H"~'~~'}. . .~: . . , "'1 &y~ \:1t'-' -:,"t'", ''':~'''~'~1'.i ) ,>;:.:~~.:.~.~... ::'~:/;' . f P ". ~...::,,~ .' '. '.... .' . "-;:: /~ . ;')'~""~'~::: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Q-IL cl1J;j} Donald A. Schmidt Mayor ~~-r:-'-(~L~J\' Robin L. Matusick \.. Legal AssistantJParalegal For the use and reliance only by the City of Edge water, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this ~ day of ~ 200 -y. under Agenda Item No. '-L. (Signature Blocks Continue on Following Pages) - 13 - Page 14 of 24 . Book: 5458 Page: 1992 "OWNERSHIP ENTITIES" EDGEW ATER PROPERTIES, LLC, a Florida limited liability company By: Southeast VoIusia Hospital District, a special independent tax district ofthe State of Florida, its Managing Member BY:,$2.J R. ~- Print Name:Y'~IEIYKL~(Jk V. e~tfP~ rtr Its: C !t~J<~"fV STATE OF FLORIDA COUNTYOF \/oltl.J'N The foregoing instrument was acknowledged before me on this 1L day of ()1~l:",.,J,t!L , 200Ji byJ'll1tMild<.. ~ l'4JIlJl/J. . TiT ,as c h4,'.<l.YUI/,t/ of the Southeast V olusia Hospital District, a special independent tax district of the State of Florida, as Managing Member of Edgewater Properties, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she is personally known to me or who has produced as identification and who did not take an oath. /fJ1.~ ~~~ Notary P lie - State of FI rida ~~f.JG 13:. ~Ee Typed or P nted Name Commission # P 1> leJ.. ( 7/ r 'i) K.tvne E. eoop. ~ ~J ""'CommlaIonOO121718 ." ~ June 04, 2000 ." .:. , '" " IIIII'.lIlt1l,; /. +.,\.... l"l p t?: T, "I.,. . .;> ro_",1 'J, ...; ""'..r .:: ..,..'Ii. v.............:::. ". ~~ t:v- ,II. . ~ ~ ..'. .... .r, ...... :;:' .. ...., . \. '. . .:.. ~ l'./ ; \..~ . (:A '(.\ ::~ " >~/ ~~;! l tjo' ~q~~...> ~ ~ [~:5i , " .J .. " : J V' : -./ :; ...~. . '... ~ ......... "'..~ .. ~/. ~ . t......, ".,' .;.. _-,.:J,,~ tt) r)o..,t:: /:,: , .', ',' 'l ......., o~., 40':-' J ','~..;., ,1~I:" :~r..., 4'.0..- t#\'<-"' \"~ t,~. '':'1:'' ,. to!) . " 'l,f4f.\ ,",. 111""11.111'''. (Signature Blocks Continue on Following Pages) - 14- .:,' :.,. ..... K .'~", '. f,,: Page 15 of 24 Book: 5458 Page: 1 993 DIXIE HIGHWAY, LLC, a Florida limited liability company STATE OF FLORIDA COUNTY OF voL IJJ J A. The foregoing instrument was acknowledged before me on this ~ day of ~~L/AlJ,,JfA, 200!:f- by 1f1lJ!!t~~~lL R. CtJOfJdtl h-L. , as Chtt:4/f1AA/ of the Southeast Volusia Hospital District, a special independent tax district of the State of Florida, as Managing Member of Dixie Highway, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she is personally known to me or who has produced as identification and who did not take an oath. t?w~r ~ ~_-1 Notary ubli - State of Florida I ~~~ Ht=: ~. ~/J& T ed or P ted Name Commission # /)/J ,lei.. {71t' 1; K8liyne E. Cooper ~... . My COmmiMIon OD12111Q ~ ':I Expn& June 04. 2005 .. .:tf; . d~1if' '. 4~:' . A..~'il.:': . . ,\,'\1' "':'-t/fjf'.'/1': ;....~ OCPE"//II,,:' '-'~~. . :........: l ..., ":":. ~: './'.,.- ,( ........~ : .;;: tf]._ \' . ",' . 0.;.,', ~. :. : / T.... : .~..S',. ;.{:,:. '.., ~. ,,\ ~ rj. ~~".1 . ~ "": (.:" ",; ,.: ~~~~.rJ.. >~~::.:~.. ~ --:! -:. "_" <,"1 ~_~.: r.. :.;~::' J:1 ~ ~~~..... . <r .. Q,:::, ''''!.' ,', '~.' -; '., " .- ,),. A. ii:' ..:," ~ ~.;:'t': ..:"'- ""..' ')".. .(. ~. :~.. r~I...r. ~ .....-... ..';)1.. . y~ ,...:~ .... :~:"~"'~ ~ .," . ..~~(;2~ ~1.J ......... if!:' ", "";/. . .:, f.'Y'" ~ ...."',,' ,Zv. .~...". .,/, '..~. I.,.. ,If"'- . " .:$' '.' ....:~~:lilllil~~\\... h. ,~if :'i;J:/" (Signature Blocks Continue on Following Pages) - 15 - Page 16 of 24 . Book: 5458 Page: 1994 OAK HILL LAND, LLC, a Florida limited liability company By: Southeast Volusia Hospital District, a special independent tax district ofthe State of Florida, its Managing Member BY:~~ /) ~~ ~ Print Name: ;j.tY'/#I.<!(t:-k P' C t:J~P.E~ ..fq-- (. Its: C ,.JJt ~ J{ If4 A .c/ STATE OF FLORIDA COUNTY OF V" L VJ I A The foregoing instrument was acknowledged before me on this J.;L day ofJ)1:~/Mb.e.A. , 200!f-byfl1,([),q.".jt.! CIJt~lIl~A.~ ,as&~f;/l.MA,t; of the Southeast V olusia Hospital District, a special independent tax district of the State of Florida, as Managing Member of Oak HilI Land, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she is personally known to me or who has produced as identification and who did not take an oath. M~~ /!.A · Notary Pu c - State 0 F~ ~~/'IF- /33:-. Cc,o;tJEo Typed or P ted Name -.. Commission # Pi> jd."I/7 r 1!; ~ E.Cooper . . My CocllftWllon D0121118 ~ ';J &pIrM June 04. 2000 (Signature Blocks Continue on Following Page) - 16- /~..;~.i. :M~..."';';i .~. .;,' ~~:~ ',\,,\:tHo:l:li,,;q-... . .,~~ ~\\ . \ I' .j.... "1,' '. '\'~ r"." \i ...) t::'1( I",:, ..~~ ~t,. ..f.."."~;"."....::. ". i" ~ ..... .. <:-- " ...... ~.tt. "-.. III ~'''' ...';p.<t.... \~ . :: ~ : .......' ,...' (.)~ 'r;!'::'-: '.' ~.~. fO-.. .,.,..... . '':'~.l' ';", .: ,~ 'J '11~ .....: r....,:"'. ~.{ft" -;.,.. ~;:':' {. V': ('1':;;, :.:f~. _ ".I '--;, ~.... '\),~.. ~ :~~~. 'or. ;,\ .... ~..,.o.' ~A. Ii. ;',;.,;'.:- ~~. ...~ ~y. .)~~.?'. ~ry. .:::....~'~ ',;~t' .:.J':... 1;.,. ;'.',~-('. ;..~~." ,..,.-: <.,;:; -i-'.' ,~";. ~: I Le", ~'. ....., ~.IlT 4. ,,\.. ,,\I. .. ,)'/-' "''''l - .. ,.' ,~' ,', .: _~,o . . ' ItJttijitllfllll' ,~.\ .t:;:r:f:':; ';~.';t"<;" Page 17 of 24 Book: 5458 Page: 1995 "DISTRICT" SOUTHEAST VOL USIA HOSPITAL DISTRICT, a special independent tax district of the smte_~~a ~ BY~[) ~ Print Name: reR'~ll~k/.if C~"f/~L!..h-e- Its: C;,,/~~~ STATE OF FLORIDA COUNTY OF Vb 1 ().t, jq The foregoing instrument was acknowledged befC2re me on this .KL day of 19-Jd.., ~t-4 , 200.!l- by "~.tt~JtL,.., k e: c O()~~.( 'IiJ , as c/1A1~ ffc,fA/ of the Southeast V olusia Hospital District, a special independent tax district of the State of Florida, on behalf of the district. He/she is personally known to me or who has produced as identification and who did not take an oath. No~t;Of~ f.!M-tt"NG ~ G.4- Typed or Pri ted Name Commission #]>./J LJ-. ( ,7/ f ~J\. K8rfyne E. COOper \.~..I :... Cornrnla.Ion 00121710 .III1e 04. 200s - 17 - .; .... ~',/~-:::' 1 ~. ' . ..' '1;-' . . ",,,\tI1"HtIJ~ .,;.'l \"'." (':;: if/? ~~, ~...;...\ \.... J 4: :.a.. ,," ",# =" (.. 0''' f.. ..". :.~ ''''0.'' C),"" ..:. . ".. J g ll.' ,.. 't'tif...'''' \....::. '" ;~ j ~ :-.:: ^ v- _ -' ~ ~ ::" " ::' ,.: ~" v.....; .:. :" :,:' : ....,. .,<> "L.I : ~ :;. .' ~ .) .;::"" \1 .... . 'I' ~ ..!o , .~ ~,::;~.~. 'V ....{;-'..~:~~ "L ,.ao _... 'L'- .." 00.,; ""l . /:' .-;, -..L."" '(j "te) .. (.I' .~. .....; .,-:. '~y "'....' _--"~, '0' .~., "J ;iIf....,~ ,joo...~'" r....'. ~j... . oj, ")I~ II"" <(YT' 'J ,'\- ,\',;l~' ~" .o;\~:'..:t. -:-- ..>,1'" ,,'\'.ro:-:o .'.... ,~... ..;t~ ,\ ." ;i!i:I~~~~ ... "'Ia..~.:\" .. ~)"'" ^:" ,i'), .i1(:' t.' :.;:- 001 6258\10n25\794062\S Page 18 of 24 Book: 5458 Page: 1996 Composite Exhibit "A" LEGAL DESCRIPTION FOR PROPERTY OWNED BY EDGEW ATER PROPERTIES. LLC PARCEL A THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST. SUBJECT TO AND TOGETHER WITII THE RIGHT TO USE ALICE DRIVE, A 50 FOOT ROAD AND UTllJTY EASEMENT DESCRIBED ON EASEMENT DEED RECORDED APRIL 7,1983, AT O.R. 2438, PAGE 13, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND TOGETHER WITH THE RIGHT TO USE A 20 FOOT EASEMENT DESCRIBED AS: A PORTION OF U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF U.S. LOT 4 AND THE WESTERLY RJW LINE OF U.S. HIGHWAY NO.1, A 158 FOOT RIW AS NOW LAID OUT; THENCE S 87037'43" W ALONG THE SOUTHERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 1215.45 FEET TO THE SOUTHWEST CORNER OF SAID U.S. LOT 4; THENCE N 00049'29" WEST, ALONG THE WEST LINE OF SAID U.S. LOT 4, A DISTANCE OF 20.01 FEET; THENCE N 87037'43" E, A DISTANCE OF 1207.41 FEET TO THE SAID WESTERLY LINE OF U.s. HIGHWAY NO. 1 ~ THENCE S 22056'00" E ALONG SAID WESTERLY LINE, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. PARCEL B THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF TIlE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST. SUBJECT TO AND TOGETHER WITH THE RIGHT OF USE ALICE DRIVE, A 50 FOOT ROAD AND UTILITY EASEMENT DESCRIBED ON THE EASEMENT DEED RECORDED APRIL 7, 1983, AT O.R. BOOK 2438, PAGE 13, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA PARCEL D PARCEL 5: A PORTION OF U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID U.S. LOT 4 AND THE WESTERLY RJW LINE OF U.S. HIGHWAY NO.1, A 158 FOOT R/W AS NOW LAID OUT; THENCE S 87037'43" W ALONG THE SOUTHERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 1215.45 FEET TO THE SOUTHWEST CORNER OF SAID U.S. LOT 4; THENCE N 0049'29" W ALONG THE WEST LINE OF SAID U.S. LOT 4, A DISTANCE OF 660 FEET; THENCE N 87037'22" E, A DISTANCE OF 950.08 FEET TO THE SAID WESTERLY RJW LINE OF U.S. HIGHWAY NO.1; THENCE S 22056'00" E ALONG SAID WESTERLY R/W, A DISTANCE OF 704.76 FEET TO THE POINT OF BEGINNING. - 1 - Page 19 of 24 '" ,I Book: 5458 Page: 1997 SUBJECT TO AND TOGETIffiR WITH THE RIGHT TO USE ALICE DRIVE, A 50 FEET ROAD AND UTILITY EASEMENT DESCRIBED ON EASEMENT DEED RECORDED APRIL 7,1983, AT O.R. 2438, PAGE 0013, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. AND SUBJECT TO: A 20 FEET EASEMENT DESCRIBED AS: A PORTION OF U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID U.S. LOT 4 AND THE WESTERLY RJW LINE OF U.S. HIGHWAY NO.1, A 158 FOOT R/W AS NOW LAID OUT; THENCE S 87037'43" W ALONG THE SOUTIJERLY LINE OP SAID U.S. LOT 4, A DISTANCE OF 1215.45 FEET TO TIlE SOUTHWEST CORNER OF SAID U.s. LOT 4; THENCE N 00049'29" W, ALONG TIIE WEST LINE OF SAID U.S. LOT 4, A DISTANCE OF 20.01 FEET; TIffiNCE N 87037'43" E, A DISTANCE OF 1207.41 FEET TO THE SAID WESTERLY LINE OF U.S. HIGHWAY NO.1; THENCE S 22056'00" E ALONG SAID WESTERLY LINE, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. PARCEL E THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST. SUBJECT TO AND TOGETHER WITH THE RIGHT TO USE ALICE DRIVE, A 50 FOOT ROAD AND UTILITY EASEMENT DESCRIBED ON THE EASEMENT DEED RECORDED APRIL 7, 1983, AT O.R. BOOK 2438, PAGE 13, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. - 2- Page 20 of 24 ~ J tl Book: 5458 Page: 1998 Composite Exhibit" A" LEGAL DESCRIPTION FOR PROPERTY OWNED BY OAK ffiLL LAND. LLC PARCEL G PARCEL 1 DESCRIBED AS THE NORTHEAST 1,14 OF THE SOUTHEAST 1,14 OF THE SOUTHWEST 1,14, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, CONTAINING 10 ACRES, MORE OR LESS. SUBJECT TO AND TOGETHER WITH THE RIGHT TO USE ALICE DRIVE, A 50 FOOT ROAD AND UTILITY EASEMENT DESCRIBED AS FOLLOWS: A 50 FOOT ROAD AND UTILITY EASEMENT BEING APART OF THE SOUTHEAST 1,4 OF THE SOUTHWEST 1,14 AND U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST, BEING 25 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF U.S. LOT 4 AND THE WESTERLY RIW LINE OF U.S. HIGHWAY NO.1, A 158 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE N 72056'00" W ALONG SAID WESTERLY RfW LINE, A DISTANCE OF 704.76 FEET FOR THE POINT OF BEGINNING; THENCE S 87037'22" W, A DISTANCE OF 950.08 FEET TO A POINT ON THE WEST LINE OF U.s. LOT 4; THENCE S 87037'43" WEST, A DISTANCE OF 660 FEET TO A CENTER POINT OF A 60 FOOT RADIUS, SAID CENTER POINT BEING THE TERMINATION OF THE SAID CENTERLINE. - 3 - Page 21 of 24 . . Book: 5458 Page: 1999 ''ll ~ Ii Composite Exhibit "A" LEGAL DESCRIPTION FOR PROPERTY OWNED BY DIXIE HIGHWAY. LLC PARCEL F A PORTION OF U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST AND DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF U.S. LOT 4 AND THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1, A 158 FOOT RIGHT-OF- WAY AS NOW LAID OUT; THENCE NORTH 22056'00" WEST ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 704.76 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 87037'22" WEST A DISTANCE OF 300.00 FEET; THENCE NORTH 22056'00" WEST AND PARALLEL TO THE SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 352.37 FEET; THENCE NORTH 87037'22" EAST A DISTANCE OF 300.00 FEET TO THE SAID WESTERLY RIGHT -OF- WAY LINE; THENCE SOUTH 22056'00" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 352.37 FEET TO THE POINT OF BEGINNING, THE SOUTHERLY 25 FEET BEING SUBJECT TO A ROAD AND UTILITY EASEMENT, TOGETHER WITH THE RIGHT TO USE SAID ROAD AND UTILITY EASEMENT DESCRIBED AS FOLLOWS: A 50 FOOT ROAD AND UTILITY EASEMENT BEING A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST y.. AND U.s. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST BEING 25 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF U.S. LOT 4 AND THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1, A 158 FOOT RIGHT-OF- WAY AS NOW LAID OUT; THENCE NORTH 22056'00" WEST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 704,76 FEET FOR THE POINT OF BEGINNING; mENCE SOUTH 87037'22" WEST A DISTANCE OF 950.08 FEET TO A POINT ON THE WEST LINE OF U.S. LOT 4; THENCE SOUTH 87037'43" WEST A DISTANCE OF 660.00 FEET TO A CENTERPOINT OF A 50 FOOT RADIUS SAID CENTERPOINT BEING THE TERMINA nON OF SAID CENTERLINE. -4- Page 22 of 24 .. .. . Book: 5458 Page: 2000 Exbibit "B" LEGAL DESCRIPTION FOR PROPERTY OWNED BY SOUTHEAST VOLUSIA HOSPITAL DISTRICT PARCEL C PARCEL 6 DESCRIBED AS A PORTION OF U.S. LOT 4, SECTION 13, TOWNSHIP 18 SOUTH, RANGE 34 EAST, AND DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF U.S. LOT 4 AND TIJE WESTERLY RIGHT OF WAY LINE OF U.S. mGHW A Y NO.1, A 158 FOOT RIGHT OF WAY AS NOW LAID OUT; THENCE NORTH 22056'00" WEST ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 704.76 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87037'22" WEST, A DISTANCE OF 950.08 FEET TO THE WEST LINE OF SAID U.S. LOT 4; THENCE NORTH 0049'29" WEST ALONG SAID WESTERLY LINE OF U.s. LOT 4, A DISTANCE OF 660 FEET TO THE NORTHWEST CORNER OF SAID U.S. LOT 4; THENCE NORTH 87036'44" EAST ALONG THE NORTHERLY LINE OF U.S. LOT 4 A DISTANCE OF 684.72 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTH 22056'00" EAST ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 704.75 FEET TO THE POINT OF BEGINNING. 00 1 6258\1 On25\794062\5 - 1 - Page 23 of 24 . . . ~ 4 Book: 5458 Page: 2001 Exhibit "C" CONCEPTUAL MASTER PLAN 0016258\101725\794062\S -2- Page 24 of 24 . . - " .. . If '" 0 0 0 0 0 '" '" '" "l O":.-i"':!~N~~;: ~ ~ j f ~ I J!i f ~ a}AfJii i i i IfllliiifJ Exhibit "C" ~- II j )1 13 .' ..... -. - . . . " .....- .-- .+ ! ] I w ~ ! - ~I ~ a~ 1- ~11;d : U ~-- ,S,'H. AGENDA REQUEST Date: Mav 10. 2007 PUBLI C HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT Mav 21. 2007 CONSENT OTHER BUSINESS ITEM DESCRIPTION Planning and Zoning Board appointment. BACKGROUND At the May 9, 2007 Planning and Zoning Board meeting, members discussed the reappointment of Gigi Bennington. RECOMMENDATION The Board voted to recommend City Council reappoint Gigi Bennington to a three (3) year term, expiring June 6,2010, on the Planning and Zoning Board ACTION REQUESTED Motion to reappoint Gigi Bennington to a three (3) term on the Planning and Zoning Board. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: l.Qx )(\i\Ul1 (.UJ2/11 ",'] 0 Bonnie Wenzel ry--" Planning & Zoning Board Coordinator \ ., 05-11-04 P12:45 IN THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY -. BOARDS, - AGENCIES OR - COMMITTEES -' ..... R_'~'_ . .. ... ."1 NAME . {/A IJ l () ADDRESS /;;.1 yrL4 {Lie.. C (i 0 N A Il--D VAL<YA/G.( A Dft. District (Staff wiU suPPly district ntm1ber) HOME PHONE BUSINESS ---' Are you Is your principal place of employment in Edgewater? Y'~5 if yes how long? ;) Y6A;z.f Briefly state your interest in serving on a City board, agency or committee: or (BOARD, AGENCY _ AND COMMITTEE THE STATE, FINANCIAL DISCLOSURE ,TO FILE WITH PLEASE INDICATE BOAlU>S, AGENCIES OR COMMJ:TTEES YOU wOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER , , ~IMAL 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 AnV. COMMITTEE SIGNATURE j)~~ DATE: ** SEE REVERSE SIDE FOR_LISTING -OF, BOARDS; AGENCIES AND '-COMMtTTEES** (REV 10-30-97) I.,......... . " .. " ~'.' ~ '" :'. APPLICATION FOR APPOINTMENT TO CIrlIDZ AUG 19 Mf ~"'$~' BOARDS, AGENCIES OR COMMITTEES "'-. , " ..: .: NAME r:; ~ci'e(' t Icl( A.. ( MS:! 'f ') IY7 OtSo tA.. ADDRESS ,l/C'J0 I,~ ~-{..,. ee~ ' ;:;-~ l"~.L.J~ HOME PHONE:" 3g~) <'(:1 ~- r;, ~S.s- BUSINESS PHONE OCCUPATION C)Wt-\ (ldud/'c.<.d,oCN<. tJa.-VlA-.fJe:< ~ Are you a resident of Edgewater Y I'" S How long IP y~,tS;l Is your principal place of employment in Edgewater? ~~~ if yes how long? /Rr,.;"," Briefly state your interest in serving on a Ci ti board/ agency or . . .' " committee: ?:: '''f.- ~e<':' to l'owc/.1.... f &r? j)/~ , (Dd&(d'u(VJI.J~ r/ b.,..,(/~.b fJ Wt~ J1Y- Are you a registered' voter? C/p5, , / ',..".. Are you employed by the Cif.y?JtJ/aDd?you hold PUblic office? ~ At the present time, do you serve, QQ.'any other Bo~rds, Agencies, or commit tees? ,,)./c) If so, list each;> Have you ever serv$d ,Qri(any;-boards, ageniies ,~r co,. mmit~ees?~' If so, list each: :." ..... ,":.r',::.. ..;:f\~.:\.'~.' " ,'::.'" ,~j .,-:t'(~'.: ',"" ';"';(.':." . ,~.- :' (BOARD, AGENCY ANDc"C~~TE;E'~E~'l;tAY"~~E~QUIRED THE STATE, FINANCIALDISC;bsum: FORMs'.~,CH';YEAR) TO FILE WITH PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANl:1AL CONTROL BOARD ___~ZEN CODE ENFORCEMENT BOARD ~ONSTRUCTION REGULATION BOARD _GENERAL EMPLOYEES PENSION BOARD _LIBRARY BOARD _____RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD _____POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE _____EC010MIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNAT'JRE ~.tI ~~ ** SEE ~~'fRSE SIDE FOR LISTING OF BOARDS, DATE: 8 -/0 'a. ~ AGENCIES AND COMMITTEES*~ (~V 1-02) THE CITY OF ED'GEWATER . . POST OFFICE BOX100-EDGEWATER, FLORIDA 32132-0100 APPLlcATIO~:FoR APPOINTMENT~O'CITY . BOmB OR. COMMITTEES.' . . , NAME ~/E'9. ~/).R V PV~/6}."7j1 J / / ..eP~..!i'aJ/?h!:--;e. ADDRESS .. . 7G7R -YE-.h/-pgh/?/.. .L...&..AC?; .C?.a??-',/ HOME PHoNE\3tftG - ~..!?~':.2$'~ ~. BUSINESS PHOm:- /?E7/,ebZ)., OCCUPATION ~9"~ .SAVz/e~/ ~~-e~ . Are yot;! a reslde t. of . Edgewater y ~q' How long . .'// tY ~.s . . . ,/, . Is your principal'place of 'employment ih Edgew? ter? .' :". if yes how long? state your interest in ~ervihg 6n.a~ity ~oaid or .1' .---,.. .--- Bri,eflY '. ~re', you a registered voter? Y' Fq . '. .Are: 'y6u e~ployedby th~ City?..d:2LDo you ,hold :p~blic 'office?%C!>. At the present ~ime~ dQ.you: serve on any 6therBbards or committe~s? If so; list ecich: .--- '. . -------- ",,e. (BQAEl)' CoMMITTEE. MEMBERS MAY BE. REQU REO FINANc:I'ALPISCL9S~ 'FORMs:"~CH lEA,R) '. . . PLEASE. nIDI~TE BOAIU>S Oil. COMMITTEES YOU . WOULD LIRE. TO Sl\:~VE ON AND RANK THEM ACCORPING. TO C~OICE BY NUMBER. ..'.. rES. or ccirrunittees?. If so, . Have you eve:!; served 'list 'each:: c .-19;{S'z:> .~T~ . WITH TItE. STATE ( .:'. QJ' ~.6:s>ANI~CONTROL BOA~D.. ~CIJIZEN'CODE ENFORCEMENT BOARD ~CON'STRUCTION REGULATI.ON BOARD ~ECONOMI~ DEVELOPMENT BOARD _GENERAL. E,Ml?LOYEES PENSION. B~ARD' '. ~LIBl\ARY . BOARD . ~RECREATION. & CULTURAL SERVICES ~,Q.f~:.r;T';""~~"'...'f'''' '.",~ .':l>""""T'~"'; """/SA' "fl:D' " ~i;..~..:... ,", A1;:~l.I....~:a.'A.~,l.~_~;i.~,~.....:~'i,~.~~;'k.._~ . . . . . . . ___:..)?OLICE PENSION ~OARD COMMITTEE . DATE: (2-10-:P3) . '7 ?J~'. ./ .1 2... 05 - 0 5 P 1 2.: 5 9 F I L E . . . i ,.....:. 07-18-05P02:~O RCVD ~, THE CITY OF ED GE WATER POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 NAME MI ~h tJ e I APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES VI .s e. 0 /1fT I "3 J (, PI/V & [3 R IC. f3 )., e 42.-7 5/ 7 B R F.-Ti ~ I~ C> () R2. ADDRESS HOME PHONE BUSINESS PHONE OCCUPATION Are you a resident of Edgewater 'I ES, How long /3 V~4~ S.. , Is your principal place of employment in Edgewater? if yes how long? Are yoq:a Briefly state your interest i~~~~ving on a City board, agency or . .' .:.::~.l;...::.;~..l.:J~:..,..:(.,..:~~... .~.:.:: i:.:.~.~7..:,;:h.'?'''~ .-.. . committee: W 0 U L I;Lii,;L I N.t;; 'r~';;Pfr-l.'S,.,,'eC{~,..;.., CJ u g. C 11'1 . t::!:~~"'. .~.;' '. :':;': '.:':"~~;:~..' ~ ..~~~..:::..; "~:~~..;.~~ . .~}t;}; ..:::.~..~~;; , , . I (; ~ 0 W ,- J3.~f '.. 7'14,S1 .' (g ,&;;4..l;>,j~. Kj)tUu':/if p 6- R:. 0 cu , /) .,:.... J:' ~(.~.'~.: ,..~..;:.~.~~.., .o:~".:\..~..,:... ~>~~"~,:~:~ /l/ 1E.w C ~.;ij'S;T;'fivrS';~I::t!i/~.,J . . L,q u D S <!..;f~;l'riJ,'&" :~.~:,.. P 1-.14 IV S h 0 u L .;.,r~ E.;:>;.j;;~;~t::;0';1~; ,,(f:\\\. '><'-:, \\. . ~". :~; . ": ~:, ,. . . . . ., .. t.,. Have you ~ver. serveo... on any boards, agencies or com.riiittEies? ~~AS":,::~b~e::~;~fj~"_'-~:~~f~::'~~:::;:,:'t~~ .:~(. ,::;.~ ....'~.. ":'.r.~"~._~.;. .-l <lr. (BOARD, AGENC~;,..Am> ,CO~ITTEE MEMBERS MAY BE,,",RE'QV,:,IR:~p': TO FILE WITH THE STATE, F:IN~,~I~ !~~S9k~,~~R~ .~~~~"fJ;~~H'l~.~2,"~;'" "";; 'i~ ".., ~... 'f"~..W.}:..~l_~.;.....~.,~,.. . .',' .......,. PLEAS~"'t~~.~Ari BPARp~~" ~GEljcIItS 'ait C9,~i~TEES YOU . WOULD LIKE TO SERvf"oU..1IXo l'iiiNK 'THEi!{ A~.c:;gJlP.tNGTO CHOICE BY NUMBER . "'\~f .:}:":', '.~'. ...,...~:.....' ';..:.:;\: .~.r ...... . _ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD ~iAND DEVELOPMENT & REG. AGENCY _BEAUTIFICATION & TREE COMMITTEE _CITIZEN CODE ENFORCEMENT BOARD _LIBRARY BOARD _CONSTRUCTION REGULATION BOARD _PARKS & RECREATION BOARD _ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD _FIREFIGHTERS PENSION BOARD SIGNATURE~ ~. _VETERANS PARK AnV. COMMITTEE .. SEE REVERSE SIDE FoR LISTING OF BOARDS, AGENCIES AND COMMITTEES.. DATE: 7///(1 tJ...J"' / / ~' ",.I- THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWATER, FLQRIDA.~ i;!Jl32-0JOO . . . llID JUN 3U \"i'\ TL . APPLICATION FOR APpOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES . NAME LtARY J.....j, RoBERTS ADDRESS~ t I PtN~ ~E..E. D12.\\/fE- HOME PHONE 4~ 8 -7335 BUSINESS PHONE OCCUPATION 'Bu I L(;:> 11\1<:::;,. J/E51df N E...j2:... Are you a resident of Edgewater '({T~ How long 17 YG!.AeS Is your principal place of employment in Edgewater? ~~~ if yes how long? '7 yl!:Ac.:5 Briefly state your interest in serving on a City board, agency or committee: -r~ '\'\ Have you ever serv If so, list'f~each"':" \,\ ":"'. or ~<#'" :~., "j''i'' ~. .~ $.# .... I..') I.~~~~~" ~ .~ . .~ ^ !,1 ~.,. _.~.<:K> (BOARD, AqENCY AND COMMITTEE!l~~;"'~~BEl"REQUIRED TO FILE WITH THE STATE; FINANCIAL DISCLOSURE FORMS EACH YEAR) PLl!:ASP: DmICAn: BOAJU)S, AGENCIES OR COMMJ:T~S YOU. WOOLD LIla!: TO SERVl!: ON AND RANK THEM ACCOlU>:ING TO CHOICE BY mlMBER _GENERAL EMPLOYEES PENSION BOARD _ANIMAL CONTROL BOARD _LIBRARY BOARD RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD _____POLICE PENSION BOARD _VETERANS PARK ADV. CO~TTEE DATE: ~-.$O -~ AGENCIES AND COMMJ:TTEES** (REV 1-11-00) _CITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD ,. SIGNATURE ** SEE REVERSE S E BOARDS , ) 1\'.d3-~~'J- "" 'oS-~~v-- ~ <6' \1-~ 04-05-02Al1 :48 RCVD A Si-i I r i I"\.~S koU ~~Y W, ~f3E:.f2.IS . 'RE.-S I DE:NTI.A,l- J:?eSIL,t-..J.e.g -2411 P'J~E ~.r=:EDeIVt=. .E:.~E~Te.~) FL-~'DA " . -426. ...7.BS? Re'.~ :Pt..A.N N I ~ ~ ZDN I ~4 1PO,A.RD ~UA.LIFIc,A..TIC>N5 et ~pE.12-tE')..J.ce · :5e:t-P-EMPLoygp BUIL..DJ~ D.e:-Sk;:::fJ.J-E-~ $ B~ \j-OIN.~ l?eS/~"-JefZ- 4: p~Jr::c.r MA~Ef2- C 2. YEA~)- w/ ~BftR.T 4. }-\6hl,Agp A~~In::.~T.II4C:. cN.; FL. . STATE' CER.TI FleD t3UI.LDINc:::, L~T~TOR. COMM~~IAL 4 t<:':E::;;1 OE:.NTIAL Dr::V~l..-OP tvtt::..t-JT ~ VOLU~IA COUJ-..JT'( Ho)...'IE.'}3U 1 LDE:.I2.? . A:5::$'oc:..IAT~oJ-J BO,A.J<..D 0 F D I ~e:c:.. TOR-S Of 6 - C) c=t ~ C\TY COUNc:.1L.\v1At-J1 ~ITY OF E..~~~A-n=: ~ Gt7-'9'9 ~ '~Et--1BER oF- e.coNOtv1l~ o~.vE.LL>PJ'K1r=~T B~R.D CITY of E:.174.E:.v.JATe~ '9~ -q7 It .1?OAtLD fV'\~r<1e?e:.e.J "-l ~ 5.. B.. AN"-tLJAL ~~g 1l'Y B~L..L . FU NO !<AIS I Nc; .::::::oM lv". TT E.. ~ (- c:: U 12.~E:..N T) U1P~TIc..IPANT J~ L-oc:::AL r-UND fZ.A1~LN~ Fo~ .AMe:.l2.JGAN ~ANc:.eg -:SoC, r::..TY fa) VDLUNTE..-El2. H-DME Pe:'51~ N.EJ2 FOR '5oUTH€A.5~--VoLL1 :::5IA . .. hV-\e./TA.I...Fog.. \-\UMA~ IT"(. . . 1Ij .~UTHEA.."5r VbWJ~IA Cl-!AHe".tfR 6F' ~MMg.~e FfL~::;toNAL t::::'AT A .::. e:~eWATe:.e.' g.~I[::::>el-J'--S/~ '1~g3 KAJ2.ele:.[;7 f 3 ~ f.! J t....O i=2 ti: N ) '2. ~ IZAN D C.H I LO g-t::.N ~;::. -:tS' .' . :5Ho1?A,N IN <::::H-''''E'5f!. K!!-N.PO,l VOL-u"-lTE:.J!l2- IN~T,e.UCTOR. APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAMES e-.('t C i 5" (..0 ~. i0; a.."L Tl I -:-- Po /SoK "(.;13 tJeuJ Sr"'Lfr'rc:...) PI -:37.,110 ADDRESS "'3-z..~ Tro...,ele/S !JGl-If11.. 0'1 ~JJeu/a.~rl fl "ST- .-'N: 1"21~~; .- HOME PHONE tr/;)-/X/{, BUSINESS PHONE 3'36 - ~4b - JLf/ b OCCUPATION :>tu~C- ~ ..!C ::~. ..~.. ..,..~ Are you a resident of Edgewater ~ t:: ':>. long If "(eocs Is your principal place of employment in Edgewater? ~ 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: 'k> o~r 0.... :os ci "e.. ov\ L.e ;/'1 Co~ a.-..r'I' e.cOrtoyM;c " t"er fOUl( j';\d ~t>~~ How ,- yOV"'"J:, 7ef""S.ot'T 5 ho...J("11. ~, Stateyourexperience/qualifications '20D/ Ma.;-11c.vtd ;.H5k 5cieJC) / Cr~clJctx!) ~!SCc J11G'.(JOI';"'~ "./1 (P,Mfj)-6erc;;."~/I(-e C?-....J ~V\~r~-t:io'" 'kc[,.I"Dlo5lf1 ;/Vte.Y1.1l",er \Jolvs'iCo. CoV>'ltLf De~a::ra.:bc.. 6"f.CCub\lf: (()..,..."...,; -the.. Are you a registered voter? Yee; Are you employed by the City? ,.J 0 Do you hold public office? ,J D At the present time, do you serve on any other Boards, Agencies, or committees? 'f6!.S; If so, list each: V<o r~; ct. UefM oc.( ~k)c. (;y: <U!.u-c7 v ( CD rVI rJ'\ ,-tc-e~ AA a+= 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 .:LANlMAL CONTROL BOARD ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD -I-ECONOMIC DEVELOPMENT BOARD l..FIREFIGHTERS PENSION BOARD I~GENERAL EMPLOYEES PENSION BOARD 'Z-UBRAF{Y BOARD tRECREA TION & CULTURAL SERVICES ..2..PLANNING & ZONING BOARD 'LPOLlCE PENSION BOARD ~VETERANS PARK AD. V. COMMIlTEE 4'// .J---iu ~a3- ~o-- ~ THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 ZOll !IPR - q APPLICATION FOR APPOINTMENT TO CITY '7\ BoARDs, AGENCIES OR COMMITTEES U A.Vlll J! ~ef ~~2J LJILLoW QI( tJli. HOME PHONE '12 J - 0"8 '12 AIi 8: 27 NAME ADDRESS Are you BUSINESS PHONE 2r;s: JJ'3S" Is your principal place of employment in Edgewater? AI~ if yes how long? Briefly state your interest in serving on a City board, agency or committee: I QNI ",:.JteJftt! ~ .J"^~, ~l/oi+r .f C1dJo/", I~ ...QI\'C~~IA,;j-- ~.: /flCr(ut, 6vf' (2/1,[. ~.~. ". , ~~;) bt:~ q.rt1tt/qH~ koo 4/M1y T' <f.4qll~ 4'" ','. ';.. State your experience/qqalifications i'CoI? (~M,,,. ,; ~,: iW / RJr."I. ,,, . "" I :.., " , (I .~,~> ~~;f . ~~ ';~' Are you a registered voter? YF~. How long WI I ,,':';(i Are you employed by theCity?--MQDo At t~e present~~'~~;*~i':dOil~O~ serv~~on Comml ttees? N(J<"~:"'rf"'so;",:llst each: you hold public office? No any oS~er Boards, Agencies, or ' '",~' '. ",\ " ij- ',t~ Have you ever serv,~p on~any boards, agenc~es, or committees?____ If so, list eacl}:,~~::.." ; .,"{~:I<\ :.,t)" .y '.; "'~ (I.... 'i{~r -', ".,::. ~ '}, '0-,;" ',;", (BoARD, AGENCY AND COMMITTEE MEMBERs MAY BE"'REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMs EACH YEAR) PLEAsE INDICA!rE BOARDS, AGENCIES OR COMMl:~~s YOU WOULD LIlOi: !OO SERVE ON AND RANK ~HEM ACCORDING ~O CHOICE BY NUMm!:R _ANIMAL CONTROL BOARD _CITIZEN CODE ENFORCEMENT BOARD _GENERAL EMPLOYEES PENSION BOARD _LIBRARY BOARD ~RECREATION & CULTURAL SERVICES ~ING & ZONING BOARD _____CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD -i-FIREFIGH"'~ION _~D ,/ __/ _V",,,,,,,, "'NK ADV, ,'ONmTm SIGNATURE ~".;p Xi "'- JLc/...ru.--.. DATE: ~J Cb ** SEE REVERsE SIDE FOR LrS1'ING OF BOARDS, AGENCIES AND COMMl:~TEES** (REV 1-11-00) 6...-/2.4~ -.f4H rn~~~" ) 04-05-02Al i :'47 RCVD ( Q-f1- (Y\...J.. S s 0.0-'<- THE CITY OF EDGEWATiJt18 RCVO , , ' , ' POST OFFICE BOX100-EDGEWATER,PLORIDA 32132-0100 APPLICATION'rOR APPOINTMENT -XO CITY BOARDS OR, COMMITTEES, . ,<Tn t-j/VCLY!1DE rR 0 ADDRESS .Ic j/(<:"" P /JVe~E e D f2.. A ~d-7- 96/7/ OCCUPATION fR. E. Ii fJ.. E D Are you a resident of Ectgewater )"es, ' How long ,9 /.,e S , ,R.E:7/~el'1E.vT. " Is your principal place of employment ih Edgewater? if yes how long? tr~~fly state your interest in ~ervihg on a City board NAME HOME PHONE ,BUSINESS PHONE ye, ~ i"'R S or , , committee: ,j /i-r.J.Ut: McJVEf) FRo/1/) ~oc77n' FL-;C)~ 1)0-;-' /,}.-J-L- . 111)', 1'ht7J.II:y /.,U "q.;.'Hl7c.JS~, rf-F,o.J::: A-A./'J)" / 't.t,d)-1Vf ,?n' He L.-fJ .1M ~KE" '77':JN,' ,'c / ?7 A- ~ R. E;lf-7""' () L./i-C' p- ''To' L IU€' State your experience/qualifications 'I l.f/A~, r~)IIYIJ.I11/1N' /P M/ITM I ,,'I=d~, Lc1C4L /;~ cJ. '~70 '//,(,//0'.11/,' ,Pb.R...' '~ )";0)''' . j 8/Z.L-I.evE / ij~ ,lJ IS wM J C", f1::J A/JrJ)..J<S.E N/cJ e ;;t:}.JV':JJ /'7"fri'/ I C-1-/\/ Are you a registered voter? 7-P. ~'l "rl-EJ-y:J AJ)G-t=0~ -r-RR., Are you employed by the City? 'uo?Do you ,hold. ,p~biic 'office? J/ 0 At the present t:;ime~ do you: serve on any other Boards or coinmittee.s? - If so, list each: ~ Have you eve~ served on any boards, agencies, or committees? A/O If so, list each:, ~ , (BOARD AND COMMITTEE MEMBERS MAY BE, REQUIRED TO FILE ,WITH THE, STATE ( FINANCIAL DISCL9S~ FORMS: EACH YEAR) " PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND' RANK THEM ACCORDING, TO CHOICE BY NUMBER , , ' _____ANIMAL CONTROL BOARD ~CITIZEN 'CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD _____FIREFIGHTERS PENSION BOARD , , ' _GENERAL EMPLOYEES PENSION BOARD" ,~LIBI\ARY 'BOARD ' RECREATION, & CULTURAL SERVICES ,'~LANNING &ZONI~G BOARD~ _____POLICE PENSION BOARD _____VETE~S,PARK ADV. COMMITTEE , SIGNATURE SEE REVERSE DATE: (2-10-03) //-/:?-o~ APPLICATION FOR APPOINTMENT TO CIlY BOARDS AND COMMITTEES Name en aH ~ l. t>Ci\.1c l.s Address \ 5 0 3 ~ () U ol ~~ \ Vy\ -1>('; \J e... - -t ~ ~ LL<^-. -\-e ~-) ~l 3.2.l?> .~ '0 Home Phone '3 '?(~ -- '+ ~ 6-- r:a S ? q Business Phone !\J I ~ Occupation t\\?-\-: Ir--e~ ~ P(~\ ~ -\-12. V- ~ Ju LAirS? Are you a registered voter? ~ -eg Voting District Are you a resident of Edgewater? l\e ~ Is your principal place of employment in Edgewater? How long? 4 ~\IO 8vno~'\.~s ru\^ NA I Are you employed by the City?~Do you hold public office? Do At the present time, do you serve on any other Boards or committees? Ifso.listeach: '.TWI net- ~(Alr,,- 'Ie' L-{ow (YlrQ ~te.r1\:<\~1t:I ,"'\ oV\~u (' ;-~I~~DO__r-A~) bLL-T ~ ). ~ . , . Have you ever served on any boards or committees? Y ~s - :\ ""nIl e 8.12 rlJ eA- 0 S Q. L.lI'I lcin ~--es'.J e~-\- D ~ ~~S~\'f)f FO\j- to . E'Cl\.r<;, QIt\.!. a. 1M. CH.A.V-"-e..\<\.-\-\~ 0_ "bl?12+ .O~ t=\... f\ ~eOl C'co~ ~ ~{.::\I_ If so, list each: 0 I .- \ . . c --. .... . C'u.\r~V\..-B . a.V\.,L5e.ve...-a.-\%Q.G-D~~;ce~ ()~'-M( AM.~ect. AlA?<. Ioo-Th Dls+-. n.l. \....co.CL\. '6 (BOARD AND COMMfITEE 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 __AMMALCONTROLBOARD iCITIZEN CODE ENFORCEMENT BOARD __CONSTRUCTION REGULATION BOARD __ECONOMIC DEVELOPMENT BOARD __FIREFIGHTERS PENSION BOARD Signature '-m IV !11'Q,. ~(} fl;'A\.I . (REVISED (2-10~4) . _GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD _RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD _POLICE PENSION BOARD _VETERANS PARK ADV. COMMITTEE Date ~"":1- ~./ -- D --, APPLICATION FOR APllOINTMENT TO CITY BOARDS AND COMMITTEES 04-11-07Al0:18 RCVD Name 0- SLA~J~( l . . \ '\I e- ( r ~ I}- U'". 5 J '~~La It cq() lf41 ~ Business Phone 8 5e/( (/~VLpl()W~ buS\{UJ~). wo'^~ \}t? S Voting District f l '-tiS Address Home Phone Occupation Are you a resident of Edgewater? How long? 5~rs SI(\('P q0 ;~t Are you a registered voter? If yes how long? 'dYJ, ~ ,5 '1-es Is your principal place of employment in Edgewater? Briefly state your interest in serving on a City board or committee: _lN~a} ~ 'oJl..~VO\ve:,J (A w,,~ \ .s.~d\~00 State your experience/qualifications .l. ctM a. r.e.C\,\ .e~~tev\-e t V\ve.5tnr -\--r ~ ~ ~j \6 ( j.Q.Uv'\ tJ ifJ ~~~ o-~ v\ A ,,^fA ~ ~o\J"l\r\5 CA.&,dR\1\e ChI' 'fLi~ -:t 6\~<2A ~La Are you employed by the City? 00 Do you hold public office? JU 0 At the present time, do you serve on any other Boards or committees? If so, list each: fJ 0 I . c. ~ Se){tJ \0 s\ \. Have you ever served on any boards or committees? (--th I Mtt, \ S"wJ~ \"\.JLtI\/\b.e-f \1 L /" If so, list each: .90 \" ().....C-ey.;>.v\ J). Q., 'S w S V 0 \U \'\ .\..&.a ~ r U \~ ~lA~1 I (~ 'DB. (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITIEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD _CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD _CONSTRUCTION REGULATION BOARD 4CONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD _RECREATION & CULTURAL ~ERVICES .'.\ '''Y~ _POLICE PENSION BOARD .. _VETERANS PARK ADV. COMMITTEE Signature ct~xlw.{tte'-~~A Date :3 -]4"ol (REVISED (2-10-04) . 8.0. AGENDA REQUEST Date: May 2, 2007 PUBLIC HEARING RESOLUTION ORDINANCES BOARD APPOINTMENT Mav 21, 2007 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Request for appointment to the Economic Development Board to fill two (2) vacant positions and one (1) expiring term. BACKGROUND: Ms. Marcia Barnett whose term expires on June 6, 2007, is seeking reappointment. Mr. Doug McGinnis is not seeking reappointment for his term, which expires on June 6, 2007. Mr. Jerry Anderson resigned from the Economic Development Board effective April 25, 2007. His term was due to expire on May 16,2008. STAFF RECOMMENDATION: At their regular meeting held on May 2, 2007, the Economic Development Board voted unanimously to send the following recommendations to City Council: 1) To reappoint Ms. Marcia Barnett for a 3-year term; 2) To appoint Mr. John Nelson for a 3-year term to fill the seat vacated by Mr. Doug McGinnis; and 3) To appoint Ms. Patricia Reid to fill Mr. Anderson's term which is due to expire on May 16,2008. ACTION REQUESTED: Motion: 1). To reappoint Ms. Marcia Barnett for a 3-year term; 2) To appoint Mr. John Nelson for a 3-year term to fill the seat vacated by Mr. Doug McGinnis; and 3) To appoint Ms. Patricia Reid to fill Mr. Anderson's term which is due to expire on May 16,2008. PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ~ Patricia Drosten, Board Coordinator Economic Development Board Marcia E~Barnett The Barnett Group, Inc. 3301 S. Ridgewood Avenue Edgewater, FL 32141 (386) 426-7234 Office (386) 426-7966 Fax (386) 689-4592 Cell ~ ;l, d-007 Date: Apr~ 2007 To: Economic Development Board Re: Appointment To Whom It May Concern: My initial appointment to the Economic Development Board, which was a replacement position, is ending on June 6,2007. It would be my pleasure and an honor to serve a full term on the Economic Development Board. Please consider this correspondence a formal request to stay in my current position. If you need any additional information regarding my qualifications or credentials, please do not hesitate to call me. Respectfully, ~ /7 ~) tlk~~ Marcia E. Barnett Broker/Owner EDB meeting agenda/minutes - 5-2-07 Page 1 of 1 P Drosten From: Doug McGinnis [doug1952@cfl.rr.com] Sent: Monday, April 30, 2007 3:23 PM To: P Drosten Subject: Re: EDB meeting agenda/minutes - 5-2-07 Pat: Wanted to let you know that I will not be seeking re-nomination to the Economic Development Board. Recent developments have increased my work load tremendously and I have to cut back on some of my outside activities. Plus, it's time for the "old guard" to step away. Hard to believe it's been so long! I will continue to support the mission of the Board and will continue to promote Edgewater as a great place to live and workllt has been a pleasure to get to know so many talented Edgewater business men and women. Best regards, Doug McGinnis ----- Original Message ----- From: P Drosten To: Dou9-McGJnnis* (I:-maiI2J; J20ug_M.G.!3ill.l'liP.~-LI;-m.1l1tl; Eri.Q..Cap-I~D-'I:...::.mc;llD ; JJ~r[y_.A-m:L~I?poJ!;:millD ; Mar,Qia_Baro.ettj_I;: mail) ; pscar Zeller (E-mail);RQQj;)ct..lQ..tL(I;:OJEl.U1;RQJ;)~JLQvj;)ctQJJjl;-=mail);Tjm.H9.w~[<t(r;.:r:n~in;Oi!.rr~.DJ..e-.~r(r;.::rJ:@lD ; l,.J?: McBride (E-mail) ; Shannon Lew.~.LI;-maiD ; Steve_p_tmnis (E-mail) ; SusarLWc;l.<:ll?Wprth (E:.!Jlail) Cc: Jack Sterba Sent: Wednesday, April 25, 2007 10:09 AM Subject: EDB meeting agenda/minutes - 5-2-07 <<050207.doc>> <<minute030707.reg..doc>> <<minute031407 .spec. .doc>> <<minute041207.spec. .doc>> Pat q)rosten Planning Technician City of Edgewater "The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential, proprietary, and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers." PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from City of Edgewater officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. The views expressed in this message may not necessarily reflect those of the City of Edgewater. Thank you. To: Mr. Robert Lott, Chairman Economic Development Board City of Edgewater From: Jerry Anderson, member Economic Development Board City of Edgewater /'1 ;,"; ~ fIt' .. v'} ('''--- '/&.vy i.tfe.-v........, L Re: Resignation of Board membership April 25, 2007 Due to obligations and increased responsibilities with my employer I must spend more time at corporate headquarters in Irvine, California. Consequently, I find myself unable to contribute to the economic development of the city or regularly attend our Economic Development Board meetings. I do hereby resign from my membership on the Economic Development Board. I am sorry that we were not able to accomplish more during my tenure. Thank you for your service to the city and your personal dedication to the efforts of the Economic Development Board. .~' APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 05-0 l'~07P02: J J RCVD Name '00 Ill" 12. I A/.e,lso niP. ~ . Address b2YQ '/Cr-ile !'lODv;-vd ({diP.c) /V'E'(..0&"'JtN~ g.pqc{ Home Phone ;$~' (, .- AI 2b ~. 79zl Business Phone .3 Y"G, ,.. ~ 'L '/ .. ~ Z- Z- z... J' ' , Occupation I;::; xP c. V I- I '\,.J't' :521 h7 Are you a registered voter? (j-e !?' Are you a resident of Edgewater? .A/o Voting District (J f',ecl.\.u,.-l- ~ {3 How long? Is your principal place of employment in Edgewater? ~-€~ If yes how long? S ,,\r\.0> dU ~v ;Leo, Briefly state your interest in serVing on a City board or committee: .:r WC.r ;/ut 'I-c /q-e1c 5 ( ) ~.~ (l fbs N S. $ C{ vw) cl (?t: ; 5> . ~/" I~~l.~\'f State your experience/qualifications r /'t)"'-R~S Q ('''-o'( 0 "bC"<i?()~ u'r'~'IL/Ct?e /- i~ (; t,l c..e ) f (?:) ~ IV' F'V( . I' ; r" ;/ IJ i. \. , Sil VHt th,ilY' (t't ~ Cli/trt.,{ ;;. i;.. I:;. VC;{" ') ~ ~ ..\v$S ; t-''lc.(~~tt~r S let 1'-1. \"''0 a t?~ fl"-Q. i'\ r;;.d(c'~{ (0 ;~~.~'o ::r:- [~~hJ btVjc;;,. ~..{ . . . 0 Are you employed by the City? It/a Do you hold public office? ~ ' At the present time, do you serve on any other Boards or committees? /. t'" cA" jJ j ,/. If so, list each: L. \'e) /.'.{1....., 0 c'.':f Cf'l^ -;:) c... \lOil..:> , "4 l- I<. ~ L.LiC( i;1rl: ~ (Ill {l j1,f. ,.... e 1.,-: I- ) Have you ever served on any boards or committees? /' 1 (\ I 4. n. ft. (' 14~jl{;) If so, list each: l.o r- (lr1()..l-"''\ h.-o .:x:Ac::r.rf :K,o.qJJ I ry\bUf2,..; .'v,,~ 01':)4 j<'1I'lc:',.i~~lJrl. - OJ-t:. "',., (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 ANThJALCONTROLBOARD GENERAL EMPLOYEES PENSION BOARD CITIZEN CODE ENFORCEMENT BOARD LffiRARY BOARD . CONSTRUCTION REGULATION BOARD 1 ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD RECREATION & CULTURAL SERVICES PLMTNING & ZONING BOARD POLICE PENSION BOARD _VETERANS PARKADV, COMMITTEE Signm"'" ~t.. /Z YlA- (REVISED~-l -04) Date Ii /~o/~)7 I , " (n I' APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Na:I~C^-~V\~~o- ~..d Addre:ls 2..."3 '2-0 \....J....::> 00 a.. '-0--............0 -\) r ~\,p,'-=,- L. \ HomeF'10ne3'?~' IP(,3'y..qi? \ BusinessPhone $~b' 4Dq~q3oD Occupation P.vr (\ k\ flC) - A- V P Are you a registered voter? Yes Are you a resident of Edgewater? ~ e..s.. c\ '3 Voting District c.....c.CS How long? \ Yz- q 0 +h~S~I'\.4 0 (::.l~ f ~ v.s. ) Is your principal place of employment in Edgewater? C'\o-t- Q+ If yes how long? Briefly state your interest in serving on a City board or committee: moV:1'.D\ ~YCll'',oJ'\ s.:-k. +0 Pc\dP-~ hiE Y(){Jf ~~ .. , I t\. State your experience/qualifications ~'1.t.:.J \ DlU \'1 b.ll E. t...DAD'--hl C. \)/2 \Jeo::tvd "lh; ~t'-u:aAer: 6ovn1 D-f P,V"Ot-1-tx +O/' SEV~DC-. Are you employed by the City? Nv Do you hold public office? No At the present time, do you serve on any other Boards or committees? Ifso,listeach:S-E-VC-DC- ~ BoD t'\~~vUo ~v~..J-cst ~{rYl~ / Have you ever served on any boards or committees? E r () n, O..l..J Bd Df' ~t'r .Lt:f..t-le V"' If so, list each: (BOARD AND COMMITfEE MEMBERS MAYBE 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 ~ CONTROL BOARD _CITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD ../ ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD Si~~ ~VISED(2-10-04) 'O-<~D _GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD _RECREATION & CULTURAL SERVICES _PLANNING & ZONING BOARD ~OLICE PENSION BOARD _VETERANS PARK ADV. COMMITTEE Date 5 -2. 4-~ 0 r.- ~. APPLICA nON FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 04-11-0Hl0:18 RCVD Name A- S~MctO-'( l ' . \v e- ( r C( V- U". 5 J '~~LoL\,~() lflfl ~ Business Phone 8 SeJ~ {?~V\,pI6SA.e~ huS\(\.t,5 ~ WOIf'v~ \.}i' S Voting District -\= l ~<; Address Home Phone Occupation Are you a resident of Edgewater? How long? 5 h.. ,5 q~ ~Oct- 51 (\(y ...., Are you a registered voter? If yes how long? d -y~ \\ \:; "-{..es Is your principal place of employment in Edgewater? Briefly state your interest in serving on a City board or committee: lNlr\a* +0 b;.. ~VO \ve:J (A W\.t~ I ~.~d\~O'i'l State your experience/qualifications -L O...VY\ Q. r-e<:t,\ l?...,,')tev~ tnve5for --tr ~ ~ f'...J \6 C j.QUA,~ ~~~~)C'-~ 0',- v\ A ,,^..fA Q ~Q\ I s,tv\ 5 Q &<Jcz-\:] \e Chr '-1 au (',.5 ~ 0 \ AM: f'4 ^f'la Are you employed by the City? 100 Do you hold public office? )0 D At the present time, do you serve on any other Boards or committees? ~ If so, list each: {)... ~1 ~ a.~-S ~ --1- V 0 \U \'\ .\.-eu- ~ r (BOARD AND COMMITTEE MEMBERS MAY BE REQIDRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) kc U,~~tf~j i" ''D.B, 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 _CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD _CONSTRUCTION REGULATION BOARD ~GOhf0~d~~-r~~i\{~<i5i!~~&'tOARD i/:% """Mo";'.,,,.h..' .",~,..,_,_ .Y1J!kL *...._>"..,.~ I!:~M~,1;m'."!: ,., - . ' _FIREFIGHTERS PENSION BOARD _RECREATION & CULTURAL SERVICES ~LANNING & ZONING BOARD _POLICE PENSION BOARD ',~, _VETERANS PARK ADV. COMMITTEE Signature . Clvw,iwiJ t~~J.eA Date :1 -j4-Dl (REVISED (2-10-04) APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 09-05- 06 P 12: 27 Rev D N Christopher R. Smithers ame Addrcss 120 Snyder St., Edgewater, FL 32132 Home Phone 386-409-7614 Business Phone 386-345-0404 OccupatiorPwner FLmortgageDr, Inc. (Eclipse Mortgage Services) Are you a registered voter? Yes Are you a resident of Edgewater? Yes Voting District Precinct 901 H.ow long? Nearly 5 years Ifycs how long? Is your principal place of employment in Edgewater?No - we recently moved to Oak Hill from Edgewater Briefly state your interest in serving on a City board or committee: Edgewater is my home and I would like to participate in shaping it's economic fatUI e State your experience/quali tications Owning active businesses that associate dilligently with business owners of Edgewater (among others) and my Chamber of Commerce and Better BUSiness Bureau membership shows that I am an active and ethical Drofessional in our communitv. Are you employed by the City?~Do you hold public office? No . At the present time, do you serve on any other Boards or committees? No If so, list each: Have you ever served on any boards or committees? No Ifso, list each: (BOARD AND COMMITTEE MEMBERS MA Y 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 _ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD _.CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD _CONSTRUCTION REGULATION BOARD RECREATION & CULTURAL SERVICES XXX ECONOMIC DEVELOPMENT BOARD PLANNING & ZONING BOARD _FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD _VETERANS PARK ADV. COMMITTEE Sionaturc /- -il- V-~ (lliVISED~I- --- - 8/31/2006 LJatc 12() SNYlH:H ST.' ED(;E\V.\TI':R, I'I.' .\21.12 PIIONJ': .\H(,..j()f).-(,I.j . I':-~J.\II. CJIHIS@Jo:<:I.IPSI':~JT(;.<:Oj\I CHRISTOPf-IER R. SMITHERS o BJ EC'['I \'E To use my talents and interests to build a rewarding career. \'('ORK EXPERIENCli [ 1/2004 - Present] FLmortgageDr. Inc. (DBA Eclipse Mortgage Services) Edgewater, FL/Oak Hill, FL O)JJ/ler/Alor~gage broker · Brokers mortgage loans for consumers. · Processes mortgage loans. · Contacts \'arious lenders to find correct product for client. r 7/2004 - 10/2004] Sloan Mortgage Group. Inc. \'{'inter Park, FL/Edgewater, FL j\.lor~glW broker · Brokers mortgage loans for consumers. · Processes mortgage loans. · Contacts \'arious lenders to find correct product for client. [5/2002 - Present] Transportation Services of Vol usia County. Inc. Edgewater, FL/Oak Hill, FL Oilia manager! diJpatcber · Automate scheduling. · Dispatch driYers to accomplish schedule needs. · Help train driyers. [ 11/2000 - 7/2004] Mortgage Tek Financial. LLC. Palm Coast, FL/Edgewater, FL Prore.r,ror/ II, lor/gAge Broker · Processes and brokers mortgage loans for consumers. · Branch manager. · Contacts various lenders to find correct product for client. (:IIRIST( )1'1 11m It S:-'IITI IIms RI':Sl'f'lII.: 1 OF 3 EDUC.-\TION [ 5/2000 - 5/2002] Seminole County Government - BCe. Sanford, FL Data/JaJe deJ{gllflj pro,grc.//t/mi'T · I\leet with count)' consumers to match their needs with products. · ,-\ utomate commissioner~ using Palm products. · Produce cbtabase products to automate processes. I 12/1997 - 5/2000] Orlando Sentinel Comm unications, Inc. Orlando, PL Pro,gram /11al/C{ger/ s,)'Jtem l//la(y.rt · Supervise m"er 50 employees. · Stri\'e to exceed clients' sales needs. . Keep Yarious database platforms running to peak efficiency. 111/1993 - 11/1997] United States Navy VARIOUS (Worldwide) flltellzgel1i'e .IpecialiJt - Pet!)' ql!i(er · Acquire/ analyze/ disseminate naval intelligence. · Make daily intelligence briefings. · Learn to utilize cutting edge equipment. 12003-Present] Daytona Beach Community College Daytona Bch, PL BIIJilleJJ admilliJtratiol1 [ 1993-1997 ] Navy & Marine Corp Intel Training Ctr VA Beach, V,\ Variolt.r illtellzgellte (Olll:re.\' · Graduated top of class - Intelligence Specialist and Database i\na1yst degrees. · i\Ieritoriously promoted. · Honorabl)' discharged [ 1985-19871 University of Cincinnati Compllter S(ielli'e.r Cincillllali,Ohiu 11973-1985 ] Milford Public Schools Colle..ge prep · Class president · Studt'tlt coullcil presidellt · C:aptain football/baseball teanlS. Milford, Ohio r:J IIUSTt )]>III':I{ R. Si\IITIII':RS IU':SLI,\II': 2 OF 3 PROFESSION.-\L i\IFi\IBERSHIPS if Florida ,\ssociarion of I\forrgage Brokers if N a rional ,\ssocia tion of J\fortgage Brokers REFERFNCFS Gene !\finor 2366 Fern Palm Or., Edge\\iarer, FL 321-1-1 (386) 31-l--3919 Scott Schlensker 2819 Silver Palm Drive, Edgewater, FL 32 I-l-l (386) 690-2000 1- Iarold Young 1000 S Ridgc\Vood ,\ ve., Edgcwater, FL 32132 (386) 235-1136 C1I1US,/,( )I'III':H It S:\lJ'/'III':RS IU':Sll,\II.: 3 OF 3 NAME APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES ~. '\J; C:'.."1- ..- m- . ........., \ l.::':J ' r....., ~ (.:.;:~ ~ (\ c ,. c (' ", , \ 0"'- .. ,;> ....(...00 "P Lr) ",;:(" I ""7 -1'" I~ ~ ..'-~ c:. "" '-' .~'"...... P f SC i f 0 -..J,--'r~ l... .,;)i - -, ....} ADDRESS /'3-<::/(; T(o,"eJe("~ t:?a..L"'L 0,0" Gd,,: t?<--','l! 'cer '-, . I 0' S'2 1"'3" '1 ~ 0.. HOME PHONE 4'Z)'~DS'/" BUSINESS PHONE '3"36 -1)4h .- I '-j I b <" <'-> \ J e-' OCCUPATION _)'L,vd.('..../1. ~i -,r,:: . ~'\oJ' ,:.\.11. . .-.1 I. i (t" ..::... Are you a resident of Edgewater j How long I '7 '1 c'?'Qr-S I Is your principal place of employment in Edgewater? l\.J ~) if yes how long? Briefly state your interest in serving on a City board, agency or committee: k. O'(.<~t)':' c.... ,.. "ICh.l;."'\ "~er~~,6' 5 . ;::J i L.el, '.'.r'\- Lc..Jc >'l..<,l",.:{'i!" bec~~i""'e., (,].....1' e.CI!)r,t...>rt..;<. (,.-l<:h/<,,<( \~\. ~I:." l;>> . , \/~ (J-Sie, C;,idtLl 'J)( v.'C'C {',-, .-(;.1(. , (l.l,." {!I ~'.t::",>(' (,' t< ;'1 ( ,<' 'V\c!./;'l Ie. >'l d )-\. i,,;J. t;~j,...c".l c7 / Gr.:.."J.Jt; t:\", '-n-g Cc , ~ - I C,.tJ(l-~',"lir..::.,.:~ tic.'l 1.;.: l.i-,<c.l 0<:;' .,.' I' v'l..l j,'I., l".t!: " . ':.J t~ AA State your experience/qualifications ?cJD j 1,,1 .(. {-;.-j.c.'r:J{:.II,!e' (t''''~'''i'''i; i,LI'::(:. Are you a registered voter? '7(~S Are you employed by the City? !'-'c Do you hold public office? 1 ~....J . "I. ~ ~. At the present time, do you serve on any other Boards, Agencies, or committees? ffls: If so,. list each: \/tC rv~i ,J... 'u{'j'J" C:C ~'~.t~t. )e ('")l';;: e: lr('l V ( (;),.,,,/t..., j-tc-e..! 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 O\~ ~ V\ WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ~ .1\ t- J. bl~ \. 5 (\' \"'.~((\(., \JJf" re.; I t> ,oZ..L1BRARY BOARD t\ ( . I ~~ (J. ) ~ ~\~ f.RECREA TION & CULTURAL SERVICES L' .2.PLANNING & ZONING BOARD fLpOLlcE PENSION BOARD b VETERANS ;ARK ApV. ~?M.t!!.:r.r5E. ~ I " _I, ../ ,1~f ~"""<" "'". .....1 " l~"\ LtC?:) .\..1" 1...ANIMAL CONTROL BOARD ~3 CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD ..J-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES NAME ,:r:u:;yt') (., P'-:L/=U/;?f) /) 0:c.J,:)Ff.2cl.! t;~ D ADDRESS 170 "'-'Ii ";. ...,. HOME PHONE :?~;:'(;i' ..'.., Go" "', ~ "Of ('1 4- ,.,.. ","- cf..t.l ;'" .7" t;Ot,.;,CC'I:, l~t':'" I~L 3J1.J(.(-/ .' BUSINESS PHONE <":.,'.C:/ t..,rJ~' ,- 71:-:;;:::(.)',- _.~.. .~)u_1 ., ,:l~, c-) ./_ ,0." c.""...,__ OCCUPATION it'Zt"T2- 0.:.;(,17 ~ Are you a registered voter? I! "j--f'l4:c.:'Woting District Are you a resident of Edgewater IUO /.~}HOW l~ng Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board l-'~;':-':J 15rrr,) C /,../ '::r;.'O-,j~;i7:! i{;j-'.( ):;I,E~..... \:i..!;.}~.:-,.";.,,(,,.....r .t f{E-~ 1 ;nt" 7 or committee: State e:.; /. T~r.,.- ~ Are you employed by the At the present time, do /(,/{) If so, list each: ,. f t.".~. \" e'l;,..'....'" Have you , I '":,.~u ;,j,c,-'If so, list each: ever served on any 'boards 2f. committees? ;"/11,,..' '1' f!u';:""fi;'I~"~ d ../ j I;"~ ,1.1.:.'7 i'Jil,.!f..1'I c.:.( Q(f"L- /3'":."17:).) ') I (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE IND!CATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ TRee. Ol?DlI\jANC.~ A1)-80cCDMt'lI\"ITE.€ ANIMAL CONTROL BOARD . _____CITIZEN CODE ENFORCEMENT BOARD CONSTRUCTION REGULATION BOARD ,.,...... , (J '''''~ECONOMIC DEVELOPMENT BOARD '- , _____FIREFIGHTERS PENSION BS~RD; A P, rl ("if J { / /.": t / ~:i SIGNATURE ~ 1;,>\ ...,l.....:~?--v " ,,' ! , *SEE REVERSE SIDE FOR LIS~G OF BOARDS AND \. 1.:; rCJ 'f"'~c,J II\T" " {of 1J 10-{ - J tl ( f \_(to nO, \61.~ /"\" \?hvY\l{ .. \, jV ,:. , ".. ,', l:l _____GENERAL EMPLOYEES PENSION BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES .--' il,..I" C>:;'r'~- PLANNING & ZONING BOARD _____POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE 41~ 1 ~o)/\ L- n \,Ju(\l\S Pt-J L) n"t.- ..\ \~(,.(\ 0\ h~{\c;.. ~ Cv\\', t1'f\t ~l~~ L }tYt' ty\~)~) t, FV\>\1 . .\-- ~Ul'l'\ &\, ( CC\ \ \ ~~t (\J-- DATE: It) /~;, /...;.,,~) I ~'/ (Revised 2-7-03) COMMITTEES ~\ \ ,. l-- o(.~ t\vj(,.i'\'\l\i/\ c.;j-...,Q c\nl~t~I'\~ I I, 1.'htrt" , . ( .. \i\ I,.i'N"'\ .- ,,/ Computer systems and software literate, highly analytical, known for a timely and logical path to decisions. Noted for developing clear and concise [mancial reporting and business modeling. Very strong EXCEL As EVP, Finance & Operations developed a R/C Toy Manufacturer's systems and procedures and guided Distribution Operations from startup thru $5million with first year penetration into 4 of the top 5 retailers. As Re-Engineering Officer /Sr. Project Director, implemented $1.2 MM annual profit improvement in a $60MM apparel designer/importer and $1.6 MM annual profit improvement in a $22MM home-building firm. Managed multi-faceted 4-8 man project teams consisting of CPA's and Operations experts. As founder and CEO of a $24 million Plastics Manufacturing Finn serving the electronics industry, raised over $15 million in start-up capital and delivered first year profits of$IMM on $15MM in revenue. Recognized for outstanding management and quality systems by elite customer base. As co-founder and COO of a vertically-integrated plastics firm, grew revenues from $0 to $67miHion (without acquisitions) in seven years. 0~ As COO, le~ two co~panies and 7 f~cilities thru.full ~~inancial software implementation. Developed in- j~;f)vl;.t!... r house, real-time WIP mventory trackmg system, lmprovmg mventory accuracy to 99.4%. I'?: 1!t'(I'-'!.,..?- As COO oflargest segment, led parent to and through a successful lPO. Managed the designlbuild of 150,000 ~-- sq ft state of the art manufacturing facility, and the build out of an additional 200,000 sq ft ofleased space. ~ .__---- Over 10 years of Automotive Industry experience with heavy concentration in the sheet metal, tool & die, \ /_ ~ . ,. plastics and electronics sectors. On GM's "Executive Fast Track" program in both design/engineering and GjAr :l.$~:~1.~1 manufacturing management. . ,'"'" t.... It . c: "",,"'11-\'1 '~1 , ('e-:" ~ Floyd L Fulford 176 Godfrey Road Edgewater, FL 32141 (386) 428-7505 ffulford@aol.com Summary of Capabilities/Experience . . . . . . . . . Employment History 2003-Pres. EXIT Realty New Smyrna Beach - Edgewater, FL - Broker/Owner (Real Estate Brokerage) 2001- 2002 Taiyo Edge Ltd Co - South Daytona, Florida -EVP, Finance & Operations (Toy Industry) 2000-2001 The PDP Group, - Altamonte Springs, Florida - Sr. Project Director (Reengineering Consulting) 1997-1999 Ultraglass, Inc., Port Orange, Florida -Owner (Marine Products Mfg & repair) 1996-1997 McKechnie Plastics Inc., Easley, South Carolina - President, LPA (plastics Contract Mfg) 1990-1995 Apogee Plastics inc., Daytona Beach, Florida - Founder, CEO (Plastics Contract A{fg) 1980-1989 Fame Plastics Inc. Statesville, NC - Co-founder, Executive VP & COO (Plastics Contract Mfg) 1979-1980 PPG Industries, Newton, NC - Engineering Manager (plastics Contract & Captive Mfg) 1971-1978 Chevrolet - Flint, Michigan -Mfg & Skilled Trades Manager, CAM Engineer (Automotive) Education: BIE, General Motors Institute MBA, University of Michigan, - dual major - finance/marketing State Licensed in Florida Real Estate (Broker) and Florida Community Association Management. (CAM) CE in computer technology, software implementation, and software development. G~I'~ '----' ~~ G. AGENDA REQUEST Date: April 30. 2007 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT May 21.2007 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Appointment of three (3) Board members to the Citizen Code Enforcement Board appointment. BACKGROUND: The Edgewater Citizen Code Enforcement Board has three open positions for Board members. The terms of three appointees: Gene Mirabella, Ed Corn and Jean Kayat will expire on June 2 I, 2007. All three appointees have expressed an interest in serving another term and their letter of intent is attached. Membership of the Edgewater Citizen Code Enforcement Board consists of seven (7) members appointed by Council. STAFF RECOMMENDATION: Staff recommends the City Council fill the three vacancies on the Board. ACTION REQUESTED: Motion to appoint three members to the Edgewater Citizen Code Enforcement Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO_L PREVIOUS AGENDA ITEM: YES DATE: N/A AGENDA ITEM NO.: Agenda.request.fonn.rev.2/J 612000 SUSAN H. WADSWORTH, C M C SHANTELLA JACKSON, BOARD COORDINATOR THIS COMMUNICA nON IS TO OFFICALL Y INFORM YOU, I AM INTERESTED IN REAPPOINTMENT TO THE CITIZENS CODE ENFORCEMENT BOARD. I, WAS APPOINTED ON DECEMBER 17,2003, AND HAVE ENJOYED SERVING WITH SUCH DEDICATED, AND, PROFESSIONAL CITIZENS FOR THE BETTERMENT o F THE CITY OF EDGEW A TER, FLORIDA. MY CURRENT TERM EXPIRES JUNE 21,2007 PLEASE CONVEY MY INTEREST TO THE MAYOR, CITY MANAGER, AND MEMBERS OF THE CITY COUNCIL.. RESPECTFULL Y, ~.JR-n?~&e?~ GENE J. MIRABELLA 1708 WILLOW OAK DR. EDGE WATER, FL. 32132 1-386-426-2671 April 6, 2007 RECEIVED APR 1 ~ 2007 CITY MANAGER 04-11-07Al0:19 RCVD To: Edgewater City Council From: Ed Corn Since my term as a member of the Edgewater Code Enforcement Board is soon to expire, I would like this letter to express my desire to continue in the same capacity as a member of the Code Enforcement Board for another term. ~~ Ed Corn , . Apr.20, 2007 2:45PM i I ADVANOED MACHIN NG INC I i I i I' lE,' .; i I \ . . l . No.4000 p. 1/1 . i ...,~,t.. ! . - .. j. .1... 0hlJ/)~~~w~.. ....... ... . *~- J.:2~~q i &. I ; I ~ ~ I I ~ I ,.. I i I . . . I. . ~ ' I.. 1v cunD.nt. L:t f'11C0U ~1.~,.'. , o In !~ + i ~ d. l.~ I k1L.Ln , .. . 0... . f./j~ . ,I ~, ... Li. ." . '. -I 'f) CJt. I ~-d ~ fa . i I .-} 'c(: -. / ~OfPeiJJ1J~,,~~ !"it.. . l~ . . ,... U)~.. ':)i9?4r,.,I,....,,&(/JlJ~ I I , i I I' . rrCMd~ .! . . , , , , . , , J/ ! ..,:.1 f)~d . ')!', J 0. I?~(~ bJ;t. 11~~~~J :J.2IJ;<... l.:)J?C:_~.3Itj-.0XJJ cill ~i~-:4,2Lf-1'J53 ~ , pj(P_:-.Y~3-5J,3i.f., ' I ! I . I , , I , , f l' I . .. .... ! I .. I . I ,inn ell'I UP nULr~WAlbJ( ,POST OFFICE BOX100-EDGeWATER~ 'FLORIDA 32132-0100 ' . . . . " ,APPLIcATION "FOR APPOINTMENT '~ CITY BOAlIDS OR, COMMITTEES" ' ,', ,'';.'-~ NAME "1/I;1.li~f1 l3t[,.l~, QIlGdE;f!. , :V ',AnDRESS a. 96/,2 tit/frY /REE " f)tf. , " HOME paONE ,~~ 7 alf',o7 , Jt<,' 05-11-07A09:35 RCVD 'pcCUJ?ATION ,Are you a resident BUSINESS PHONE , , Is your principal 'place of 'employment ih Edgew~ter? , ' if y~s how long?', ~r~~fly state your interest in ~~rvihg on a~ity board or " , 'j;;trii/tffJ~fd:1i'!J~1EaE.sT / 1'1 CI.r:GoYeRtlIH~Hr OF , Are" you a r~gistered voter? iE5 ',,' ,Are you ezpployed'by the CitY?~Do you 'h'o14 ,p~blic 'office? 'rlo ,At the pr~seht time~ do you: serve on any other Boards or coinmitte~,s? , NO ' If so; list ecich:' (BOAlU) AND CoMMITTEE MEMBERS MAY BE, ItEQUlRED TO FILE ,WITI:I THE STATE, FINANC:IALDISCL9.S~FO~:'EACH YEAR) , , , , ,", PLEASE INDICATE BOARDS o~ COMMITTEES YOU WoULD LIKE, TO SEn.VE ON AND 'RANl{THEM ACeoROI:N(i TO CHOICE BY NUMBER ~ANIMALCONTROL BOARD ~CITIZEN'CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATibN BOARD " . ..' _____ECONOMIC DEVELOPMENT BOARD ~FIREFIGHTERS 'PENSION BOARD , , ' ' , _GENERAL EMl'>LOYEES PENSION S,OARD" , ,,~LIBB,ARY' BOARD ' , , ~RECREATION & CULTURAL SERVICES _PLANNING & ZONI~G BOARD , SIGNATURE SEE REVERSE SIDE FOR BOARD AND COMM , ' , _____FOLICE PENSION ~OARD _____VETE~S PARK Abv. COMMITTEE , DATE: S~ /O,..,O'/' (2-10-03) THE CITY OF EDGE WATER POST OFFICE BOX 1 00-EDG~IIJti{f.zfi!Rf:nol/2132-01 00 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME (2,/-1 A I<. L JT .s IJ, Cf<,/J 1"1;4 tl ADDRESS I 7 J q IJ J c- r () it Y /J ;q LJ?1 /J/2..... HOME PHONE 'I Q,3 . g-~ 7 .3 BUSINESS PHONE (;, 90"" t. 1./ 0 9 .~ OCCtTPATION_..$-..a.L..eS In A W /4 (,.. JS"YL Are you a resident of Edgewater Y Iii tf How long (P?l1 (1~ I Is your principal place of employment in Edgewater? AJ b if yes how long? Briefly state your inte!",~}3_L:irr~:;'g~.rY}ngi)c>11,.Ci City board, agency or ,~~'i:.N'~'~:l~'" ~~~.:'::" ~~~'.~<~~A~:! .;:~;'~it~ ;~~.:,:~:\-~'~~e; committee: :r P G<:.'L ;1'14--:5 '?':KJ'd.JGE?.~."/li tt:11J'/."'iO F 13 .J.6-a tV >>-r-e1-L ~4fr'f.i;" ,~:.'" "W~ ".:~~~f~{i~"'l.i-j'(~;" '" :f' W ""-1.-d. L.., kZ",~ ~"j., DN vol. .~'iY.~Y ,-e<... L .oi::>1J,' a registered vot~j~ ;~. ~f~~ it _'_~~~; ,~ ,'~'~~~~~~'~~ ')ri~8~~:' " ;,~, .~~ Are Y?U emp~oyed by th~~tity?~D,p you hold :pyblic office?~~O i,. 4," X,S:;~1.);';[~1r;ti;,."",.~~ij) '}!''*'~''i}I<~,t$f~kff::t;.:~!;>" ",,;;~~;\~g}iS:~,!<;,!1J0t.,:;,!.d, ;: At the present:~:tlme',,:doW serYe[:()n'!',anYi'otheJ;:)Bo.ards'::"Agencles, or cornm i t tee s ? :."tZt() "'1"[:'5;'8;" Tr'S'f ,c'~)!l':ch>i:""'" "'''''''''''''''",< "';8:.'?!i";;/;~' ~',t', '!.:) .:v\ '{ ;;~.;!:~~:t., ~,<:-~,';',:>,: .,(':'..,. "?:;~":;\ agery,s,~~s , ;1'(~:,~}?;~::,: or cci'inmittees? "f,":. ", ~t~;~i~~ :>:k\~': .-';'. ~~.\. -~~.~~ ~\ _ !J~ ":~~'\o" ',i'.,., ..:.~..... ~ ."r- " " :, ".~ "~>""""",,,,",V ,.'~""~'l, _,-, ">''':.l;.~~~''A":~'- ': . ".;~~\;'~~)~..~ :iL.'~.. ~ ._"- "''''_~r,~, ~:"",, -"~' ":';..{ >~~:,;;.". .'~F. <6 ,." ~\;.\ "~4:it~:> (BOARD, AGENCY AND COMMI.,!,,!EE ~~~S MA!,)a~';;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 _____GENERAL EMPLOYEES PENSION BOARD _____ANIMAL CONTROL BOARD ~CITIZEN CODE 8NFORCEMENT 80ARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____CONSTRUCTION REGULATION BOARD _____PLANNING & ZONING BOARD ~~POLICE PENSION BOARD _____ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE t.~~ /I.~~ .. SEE REVERSE SIDE FOR LISTING OF BOARDS, _____VETERANS PARK ADV. COMMITTEE DATE: 7 ~ ,,();} AGENCIES AND COMMITTEES.. (REV 1-02) J-./ d -- tJ J-- .d;t:t/ ~ APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name m Ctri<e l. ~o-.1(-15 Address \ 5 0 2> \\ () ~ a.\. ~~~ \ VY\DY'; \J e.. - ~ ~~ L2<J~-\-e ~-) ~ (.. 3 ~2..1 "6 ,:J Home Phone 3 'i?"(L - \f- 9-. fr ~ S ? g Business Phone !\J I \:t Occupation ~ ~+: \~e ~_ ~ pCh i ~ -t-e \r eJ.. J0 LA V- S ? Are you a registered voter? ~ -eg Voting District Are you a resident of Edgewater? l \€' ~ Is your principal place of employment in Edgewater? How long? 4 ~IIO 8vnOi'~S I\)IA- , 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? Ifso.list each: '.Tn-. ''lot- ~(;"ri'... ',[ (fw r~ \r" Q a,~€t'tk'~"{"1 rS oV\l,U (' ;\-f~ ~O(.lr-J..'t>} b~i- '). '.) , , . Have xou ever served on any boards or committees? Y ~s - :\ \--/":1\: e 3,<2 v-u eel 0 S (.J... Ll\'\ kiy\' H'es',J e,,^---\- C>t- ~~S~\'f)E Fo...- to '-tea\!": QV\J.. 0- iM. CH,:-lr"-e.V.-\\~ 0_ \:>e(2i-. o~ ~l.- ~ ~e~,- (lic.o\-d~W:l{c;\I- If so. hs~ eac~: ~ 0"- ~ e.. f\ L" \>\r--t("'('l '" \...:r'C~ (, '.\ ~.c\ e it'S .r", '..... 'i.-h \7:- ?'tst" ~ ~I'') U-.,,: *' C'u..\r~e.",--\::\ l:( . and.... ~e..vel("C...,\ ~Qij-o~\=;ces D~ ~ A lYl. g eC(. A t..U<.. bo'th '01 s+-. l. nJ.. lcoCLl. \j (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 __ANIMAL CONTROL BOARD -LCITIZEN CODE ENFORCEMENT BOARD __CONSTRUCTION REGULATION BOARD __ECONOMIC DEVELOPMENT BOARD _GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD __FIREFIGHTERS PENSION BOARD _RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD _POLICE PENSION BOARD _VETERANS PARK ADV, COMMITTEE Signature 'iY1 IV !,UQ... ~(} j~~ (REVISED (2-1O~4) . Date ~~-~~-61 '> 05-11-04 P12:45 IN THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY . BOARDS I AGENCIES OR COMMITTEES.. NAME. {7AU1D ADORE SS / J-I WIll (Ltc.. C (<j 0 N A (2,.0 . V/I L<f J./C-( A /) fl. District (Staff will supply district number) HOME PHONE BUSINESS ---- Are you 6'C: & ,4 ,t. f" Is your principal place of employment in Edgewater? agency or THE 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 _____BEAyTIFICATION & TREE COMMITTEE ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD _____LIBRARY BOARD ~PARKS & RECREATION BOARD ~PLANNING & ZONING BOARD _____ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD. _VETERANS PARK ADV. COMMITTEE SIGNATURE j)~~ DATE: ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND.COMMITTEES** (REV 10-30-97) ,~- rneL/?/c A /;?J#/~CZ/f/Y IdressJa.J ~ ~./7&7u//r /7/?/;?zr-- ,me Phone J/t... 7,r,l7 BusinessPhone J/9'-3d. ),..) 4/12/.2007 12:49 Ft'r FF;,(.lt-f: Fa:--r APPLICATION FOR APPOlNTMENT TO CITY BOARDS AND COMMlrrEES TO: 4.242409 PP,.13E: OO? r)F 002 cupation e you a registered voleT? #)' Voting District W J ~r e you a resident of Edgewatcr? /C J How long? four principal place of employment in Edge"\vuter? --.ff.~ ~/~J 'es how long? b J/?f eOy state YOUT interest in serving on a City boaed or conunittee: :d/1/7~A//;F z;:t/i/&.V/7/A/.;r-.: / ///JV~./9' 5d1:tJv'/.A/&:~/1/L)"'~ . , ~rdJP.e.J:f /.v .cV~~"'i teyourexperience/qualifications / #4/#"- J./"..c"~ fL'l/E.r~ ~/?S O~~~~ hi//,:;;]I -.0'C ~#c:'/C' k//./ff ff~Lfl:,.vEf"(' ~ V"".-%.::f' t:::4}7//? :Z:V?WV~~;VJ-.cvA/,r)t7 ",J.fi't9c-, - A:'-;'- ~~c~,c--C'"-;;p- 5' ),;fy- j,./~/I/r' Ai-' ",R::;Y~4:-;..,A/ CL./A : you employed by the City? A/ d Do YOII hold public office? ~ the present time, do you serve on any other Boards or committees? .M d o,list each: if: you ever SClVed 011 any boards or committees? ..A/ /J 0, list each: lARD AND COMMfTfEE MEMBt::RS MAY Bt:: REQUlRED TO FILE WITH THE STA TE. ~ANCIAL DISCLOSUl{E I-ORMS EACH YEAR) EASE INDICATE TilE BOARDS OR COMMITIEES YOU WOULD UKE TO SERVE ON D RANK THEM ACCORDING TO CHOICE BY NLTMBI:R ANIMAL CONTROL BOARD .1:.. _GENERAL EMPLOYEES PENSION BOARD ,CITIZEN CODE ENFORCEMENr BOARD l. LIBRARY BOARD ,CONSTRUCTION REGULA nON BOARD _ RECREA nON & CULTURAL SER V1CES ECONOMIC DEVELOPMENT BOARD PLANNING & ZONING BOARD FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD _VETERANS PARK ^DV. COMMIITEE ~~~~ Dllte j/dt)htf'~ 7 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME_0- <?r.f\ cis co ~. '\); a."1- TI I ~ P 0 ~oK ~;15 tJ evJ Sr"LfI'Y"c-,) Ff S?,I,O ADDRESS "3-z..~ T("o-\ude~s '"?~IY"\.. Orj GJJeu/a --cPr I f I "s ~ 'N: 01 5"2 1""3 ~ ~ ~ HOME PHONE t-j1-)-tY;/(; BUSINESS PHONE 3i56 - <64h - I t.t I b OCCUPATION 5-eultUv'\. e- ~ :.~. 'l/\iA. ~....., Are you a resident of Edgewater Y t: ~ long If ljeo-rs Is your principal place of employment in Edgewater? ~ 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: 'f, o~r 0... How :os -ci \Je. OV' . /,ter fCltUf ;"'d . - co",.....~ 0...-1 e.cOrtoyM,c .- yo v ~~ 7E:'f'So ('7 5 h~"~tt ~r State your experience/qualifications '2<9D I Ma..;~ Ic.V'1J J.+-iSk ~cioa / Crc:..~Jc ~J ""Des <:"-C j11C~JOI';A~ '1/1 (D,Mf.J~ c;;,.'~/I(-e C?-""J t:V'\~r~-t:io", kcL-.rDlo5lf, j/Vt-€..Y'\'Il".er V'o 10'S~c.. [ov>'It:Lf Devl.tA::: r a.. .bc 6~CLv b \.1< (C>'V"'I'Vl; {;c~e.. Are you a registered voter? Yee; Are you employed by the City? r-.J 0 Do you hold public office? ,J v At the present time, do you serve on any other Boards, Agencies, or committees? Y@..<:; If so, list each: 'J(rd~;a. \.:)eJll"'oc.(~k)c. b--I<€<!.u-t7 v ( (Df'I'1rJ" ;-tce<? AA af 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 J ~GENERAL EMPLOYEES PENSION BOARD 'Z-L1BRARY BOARD :t.RECREA TION & CULTURAL SERVICES .2..PLANNING & ZONING BOARD '-LPOLlCE PENSION BOARD ~VETERANS PARKADV. COMMITTs.j..1. I _I 02-/I/(}Y-- /~- r.ov~ ~ [).b. Agenda Request Date: PUBLIC HEARING RESOLUTION ORDINANCE BOARD '" " APPOINTMENT_ ~_ CONSENT OTHER BUSINESS ITEM DESCRIPTION: Appointment of Trustee to the Edgewater Police Pension Board. BACKGROUND: The Board of Trustees of the Edgewater Police Pension Board consists of five members, two police officers, chosen by the Edgewater police officers, two Edgewater citizens, chosen by the city council and the last member, an Edgewater citizen chosen by the four Trustees. Trustees are appointed to two year terms. BOARD RECOMMENDATION: The two year term of Ferd Heeb, board trustee, will expire on June 20,2007. Re-appoint Ferd Heeb to another two year term. ACTION REQUESTED: City Council re-appoint Ferd Heeb. FINANCIAL IMPACT: None G C irman, Board of Trust es Edgewater Police Pension Board 03-28-07P12:44 RCVD FERDINANDN. HEEB 115 NORTH RIVERSIDE DRIVE EDGEWATER, FLORIDA 32132 PHONE (386) 423-0322 FAX (386) 428-7526 E-MAIL ferdheeb@cfl.rr.com Susan Wadsworth City Clerk City of Edgewater l?eClJ1 4141( p VeL> "8 011'): loo; 4t~At: ~GJ?~ Re: Police Pension Board Dear Susan: My two year term on the City of Edgewater Police Pension Board expires June, 2007. I would like to continue to serve on the Board for another two years. Please place my name on the ballot. Sincerely, ~ APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME_0- (],-.('\ c j S G-O ~. ~; CL"'Z... TI I ~ -PO ~oK "7.:15 tJe...J 51""1.(1'....0:-....) FI sc.l,o ADDRESS f3-c.C6 Tlo."ele~s ?a..IY"\. Or-I G-JJeu/cz n=>r I f I '-8 ~ , r...) ~ 5"2 1""3, ~ ; ~ HOME PHONE 4-Z)-~/b BUSINESS PHONE 3"06 - ~4h - I Lf/ b OCCUPATION .5wl€Al e- ~ :. 'i'? . '1IW1 . ..,.:o~ Are you a resident of Edgewater Y t" -:, long If "(eo-rs 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:'; oK-er a.. How :os ci "e. ov\ . t"er f~ j~d . - CO~ 0-,.;1 e..c.OytOltl'l,C yovV'-~ 7er'So n "5 ho."~t"t ~\ State your experience/qualifications -ZOD I tv\a.i~ 1<1 VI d P-i5'^- ~cl.CJa / Grc:..cJJc t't?) "D'6 CC A A C!('OI";'" '1/1 (D,M.;-6e! "~/1(-e <z-",J V'~rV"\.:::.-tio"'" kcl.-I"D1o'S'fl ,.,..,eY"l4:.er ZJ +: Covvtelj DeV1'1Q(: r '" ~i<- 6'f.~CJ t:i \/e' (c,'V"''''''''' j -tc~~ Are you a registered voter? Y.e<::; Are you employed by the City? ~ 0 Do you hold public office? ,J v At the present time, do you serve on any other Boards, Agencies, or committees? 'f@...C::;lf so, list each: 'V<O{VS;a.. UeJMoc-(4-k)c b€ e.u-t7 J (" (D,vj rJ" ;-tce~ 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 ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD '/-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD I~GENERAL EMPLOYEES PENSION BOARD 'Z-UBRARY BOARD f.RECREATION & CULTURAL SERVICES ..2..PLANNING & ZONING BOARD '-LPOLlCE PENSION BOARD b VETERANS PARK ADV. COMMITTEE ~-~~:~7_-iH~ U/-/Y-U~A08:27 RCVD THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT ~O CITY BOARDS OR. COMMITTEES, NAME ;:r;;)1) IV *.- 7J)~L II )J (:: #!- V . ADDRE SS J;; 9/) 77fJ?1Il/1 J /ui)j) t<. HOME PHONE 4:1 ~ - t) I. J. 3 . BUSINESS PHONE /I/~ OCCUPATION &~ Are you a resident of Edgewater ;/e<:; How long f ~ 7' L Is your principal place ofemployrnent in Edgewater? . if yes how long? Br~efly state your interest in serving on a City board or . commi ttee: ,JI/Jt/t:..' hv71e/)( / /lJ C,I 7? State y.pur experience/qualifications . ""Bu~/I1JeS5 dW/lJCL . '.. Are you a registered voter? y~~ . Are you employed by the Ci ty?....lJl..t2.Do you hold public office? IV D .At the present ~ime, do you serve on any other Boards or committees? n) I) If so, list each: Have you ever served on any boards, agencies, or committees? list each: '-P.-:?I/ t:.e. -Pe.v. lSoA-1LD I f so, (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLpSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WoULD LIKE TO SERVE ON AND RANK THEM ACCORDING. TO CHOICE BY NUMBER _____ANIMAL CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD _____FIREFIGHTERS PENSION BOARD ~GENERAL EMPLOYEES PENSION. BOARD' _____LIB~RY BOARD _____RECREATION & CULTURAL SERVICES . , _____PLANNING & ZONING BOARD ~POLICE PENSION BOARD _____VETE~S PARK ADV. COMMITTEE 7/;tf/(}6~ / / THE CITY OF EDGE WATER POST OFFICE BOX IOO-EDGElfFtJ-J,J[l?,..FLQRfDA 32132-0100 , ~ '7' fa 2: 07 J APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME (i./!/1 Y-I.. L iF.5 IJ. CP. /J J?1;<' tl ADDRESS / 7 J q IJ I <'. r" (l y ;J ;q L P1 tJl<-. HOME PHONE LJ Q.3 ' 'iS$? 7 3 BUSINESS PHONE (p 9 0' ~; L/ c'; '/ (V::CTJP,1\.TION_...5-11 L J.!'"S In A W)4. 6- LSY2- Are you a resident of Edgewater y,!;;;~ How long ~ 111 ?I",f~ f Is your principal place of employment in Edgewater? 1\) (', if yes how long? Briefly state your interest in serving on a City board, agen~y or committee: r r"'-<": L jq..<; i:) 1Le.~ Id/:;z;r OP j3J..C:"';J'/L'j'!'Ci..... 1- U CL.<.Ld L, i<.<.. ro 0!5 c:. / N vol. ve-d i i\J / r~ ~ Ito Cr Ie ~_ S:',. State your experience/qualifications :r: /d &v' ( /S,e.e ,u Lc)("l-ll", /;' J \-0 )3 (.,1!" I IV e .!: s ~CA "-v e..... 'to '0..\ r. JJ e. />- L ""Th il1 P >V 'I p"-,,,- ~<' '. .n,. r /-:::- ':.~ Are you employed by the City?.f:::LLOo you hold public office? /'.',:) At the present time, do you serve on any other Boards, Agencie5, or committees?_~If so, list each: Have you ever served on any boards, agencies, or committees' If so, list each: I\.J () (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 _GENERAL EMPLOYEES PENSION [\('.',,,D ANIMAL CONTROL BOARD _LIBRARY BOARD f 1/ CITIZEN caDE ENFORCEMENT BO.l\RD _RECREATION & CULTURAL SERVIC8S _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE (!~/..)_ II. (1jl.~''Y/~- .. SEE REVERSE SIDE FOR LISTING OF BOARDS, PLANNING & ZONING BOARD ~~POLICE PENSION BOARD _VETERANS PARK ADV. COMMITTE~ DATE: 7 -;{ '0 ,l. AGENCIES AND COMMITTEES" <:;~~~ ;2-10-03-~- (,~(}-o') If '( f - " .- 10-20-05A08:00 RCVD NAME AP LICATION FOR APPOINTMENT TO CIT~, BOARDS, AGENCIES OR COMMITTEES \.;.PI J-<..... . ADDRESS aU", BUSINESS PHONE 1116 b~'1 b8'40 OCCUPATION us\ Are you a residen D '-"l "'-C--<<-- of Edgewater ~ How long Is your principal Briefly state you corrunittee: T ",1" ,f!L\..~ \ ".1 r'egiste ed'''vot'er? ""Ie' . t;' """';'1'.:',:;;' !I. . . ,iE~' i;~ >;~\f.,~~'~"i.f..1\ ,J :'(': Are you employed y the~:CitY?:~'~~~D .' ou hold public, office? N~) . ~;~~~~,~~;. i4)~~~~~t~~i{f_~~~:~~~r"Ag.nc:es, or , ~. . ~ \ li', '1\ ~ \\ Have yo~ eve; se~ If so, l\st e~t\:, \~h .-\~, '~.' '\' N <2- .";"~:\ '~:o:. "'~t <I ~ :riA <;'. c.....0, -R- . ~G'" ~ .:~, ,.::"~r,"." (BOARD, AGENCY"C~IT~E ~E~ 'l1AY\iBE,~QUIRED TO FILE WITH THE STATE, FINANC AL 'DISCLOS~FORMS'.EACH 'YEAR) "~..#~.... .n', . ,t'.~..........,."'"' ......~........ '':'~'''.-..'' ._...."..;A".,..'..~p"'........,~.,~ PLEAS 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 B _____CITIZEN ,~ODE ~CONSTRUCTION . -,-ECpNOMI~,'pEVELOP ".fQi~~~~~'G; . .. SEE BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES BOARD PLANNING & ZONING BOARD '~POLICE PENSION BOARD . , ~VETE'~S P~~K ADV. COMMITTEE DATE:~ If' I oS- AGENCIES AND COMMITTEES' (REVll-02) BOAR~ ~k'f\ L1. l' 1. PURCHASE AND SALE: MGM Real Estate Group, Inc., a Florida corporation ("Buyer") 2' agrees to buy and The City of Edgewater, Florida, a Municipal corporation ("Seller") 3' agrees to sell the property described as: Street Address: 4' Parktowne Blvd., Edgewater, Florida 5' Legal Description:Al1 real property owned by the City of Edgewater remaining in the Parktowne Industrial 6' Center described on attached map and consisting of approximately 82 acres. (See Attached Exhibit A) 7" and the following Personal Property: 8' None-vacant land 9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer, Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13' 2. PURCHASE PRICE: $ 4,510,000.00 14' (a) Deposit held in escrow by Jeffrey C. Sweet $ 10,000.00 15' (b) Additional deposit to be made within days from Effective Date $ 16' (c) Total mortgages (as referenced in Paragraph 3) $ 17" (d) Other: $ 18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashier's check or wire transfer. 4.500.000.00 20' 3. THIRD PARTY FINANCING: Within N/A days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for 21' third party financing in the amount of $ or _ % of the purchase price to be amortized over a period of _ 22' years and due in no less than _ years and with a fixed interest rate not to exceed 0 _ % per year or variable interest rate not 23' to exceed 0 _ % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 27" financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within days from 28 Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 returned to Buyer in accordance with Paragraph 9. 30' Buye~ L-J and Seller L-J L-J acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. Thi~c~~ntra:t1~~7 :~:iduas:s:~ci:~~: O::::~TO::~ by any :~:~~h:a:::e~:dillegal and voids the contract, ~. rn ~ 38' 39' 40' 41 42' 31~ 4, TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ~ statutory warranty deed 32' 0 oth'er , free of liens, easements and encumbrances of record or known to Seller, 33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list any 34' other matters to which title will be subject) 35' 36' provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as 37' commercial/industrial ~uyer (a) Evidence of Title: ~ will, at (check one) ~ Seller's 0 Buyer's expense and within 30 days ~ from Effective Date o prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) IX a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in the amount of the purchase price for fee simple title subject only to exceptions stated above. o an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. 43 44 45 46 47 48 49' . 50 51 52 53 54 55 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper written notice and Seller cures the defects within ~ days from receipt of the notice ("Curative Period"). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in purchase price, The party who pays for the evidence of title will also pay related title service fees including title and abstract charges and title examination. 56 57' 58' 59' 60 61' 62 63' 64' (c) Survey: (check applicable provisions below) ~ Seller will, within -L days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and engineering documents, if any, and the following documents relevant to this transaction: all documents in Seller 's possession , prepared for Seller or in Seller's possession, which show all currently existing structures. l8l Buyer will, at 0 Seller's ~ Buyer's expense and within the time period allowed to deliver and examine title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing encroachments ~ such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing, 67' 5, CLOSING DATE AND PROCEDURE: This transaction will be closed in Volusia County, Florida on 68' or before the N/A or within ~ days from Effective Date ("Closing Date"), unless otherwise extended 69' herein. 0 Seller l8l Buyer will designate the closing agent. Buyer and Seller will, within N/A days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll, 76 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. This contract is for use by Lori Zoch, Use by any other party is illegal and voids the contract, l~~.~.~~~~ '1tMl)j;li.y ~ 82' Buye~ L-J and Seller L-J L-J acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. 8~' (c) ;Taxes, Assessments, and Prorations: The following items will be made current and prorated ~ as of Closing Date 8'4' 0 as of : real estate taxes, bond and assessment payments assumed by Buyer, interest, 85' rents, association dues, insurance premiums acceptable to Buyer, operational expenses and 86 If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due 87 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 88' affecting the Property: None 89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the 90 improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign person" as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97' 6. ESCROW: Buyer and Seller authorize Jeffrey C. Sweet, Esquire 98' Telephone: 386-677-3431 Facsimile: 386-677-8436 Address: 595 W, Granada Blvd., Suite A 99' Ormond Beach, FL 32174 to act as "Escrow Agent" 100' to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101' Agent will deposit all funds received in ~ a non-interest bearing escrow account 0 an interest bearing escrow account with 102' interest accruing to with interest disbursed (check one) 0 at closing 103' 0 at intervals, If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the miSdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is," Buyer waives all claims against Seller for any defects in the 117 property. (Check (a) or (b)) 118' 0 (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119' ~ (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; ftood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property for Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk, Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer, Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections, Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated. This contract is for use by Lori Zoch. Use by any other party is illegal and voids the contract, I~~~ 140' Buy~ ) L-J and Seller L-.l L-) acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. 141 (C) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 142 con'duct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that all 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154' Buyer's intended use of the Property will be permitted ~ only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may ~ retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminat9 . If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172' (a) Listing Broker: None 173' who is 0 an agent of 0 a transaction broker 0 a nonrepresentative 174' and who will be compensated by 0 Seller 0 Buyer 0 both parties pursuant to 0 a listing agreement 0 other (specify) 175' 176' 177' 178' (b) Cooperating Broker: None 179' who is 0 an agent of 0 a transaction broker 0 a nonrepresentative 180" and who will be compensated by 0 Buyer 0 Seller 0 both parties pursuant to 0 an MLS or other offer of compensation to a 181' cooperating broker 0 other (specify) 182' 183" 184' 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 188 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S" as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192' 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable 193"10 is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer, Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 111, .... . _@l:_" !l.1t~'9;~QI(l - 'f,j)7/1}~ 195' Buy~ L-) and Seller L-) L-) acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. ThiA ~nn~r~~~ iA fnr "AP hv ~nri ~n~h. nAP hv ~nv n~hpr n~r~v iA i"pn~' ~n~ vni~A ~hp ~nn~r~~~. 196 14. OFTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract): tJ Arbitration o Section 1031 Exchange o Property Inspection and Repair o Seller Representations o Seller Warranty o Coastal Construction Control Line o Flood Area Hazard Zone o Seller Financing o Existing Mortgage ~ Other See Addendum o Other o Other 197" 198' 199' 200' 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY FFECT PROPERTY VALUE. 219' 220 10 , 000 . 00 by ~ by received on Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222' signed copy delivered to Buyer or Buyer's agent no later than 0 a.m. 0 p.m. on 223 Buyer may revoke this offer an~receive a ref -of all depos~itS. ~~ 224' Date:~r, I ?x> ?<'P;SUYE-R? ~ .e:=> Title: ~ ~"~' :":"'rrou+ Address: Tax ID No: 225' 226' Telephone: Facsimile: 227" Date: BUYER: Tax ID No: 228' 229' Title: Address: Telephone: Facsimile: 230' ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (0 subject to the 231 attached counter offer). 232' Date: SELLER: Tax ID No: The City of Edgewater. Florida 233' 234' Title: Address: Telephone: Facsimile: 235' Date: SELLER: Tax ID No: 236' Title: Telephone: Facsimile: 237" Address: 238" BU~..J L-.J and Seller L-J L-) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. The Florida Association of REALTORS makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 @ 1997 Florida Association of REALTORS@ All Rights Reserved ""M1iD~ This contract is for use by Lori Zoch, Use by any other party is illegal and voids the contract. .',.~~9 /'--. t ,....d..~;1._..-"... '. ~~ 0<;", ~:; ~ 103 .., e~ ;i 0<;', ~!:: ..., [~, o:J ~ ....,::: W .. tI) ::c ~~ ~ " >t :>iE-4 tx:l ~ - CI) ~ :i CI) , Ai. ...~ ,,(0 ::t ~' Ai I if-t :~ !~ '" .~ or" ) "'t l:G 'f Z l:G ~ "OW ~ I;[;;~ .". ~o:;: ... ,~tX)... ./ .~~;~' ~"."~;~: t~,li '~.m., ~.;i ~.....".j.{, a."o~~! ~.~ l' "~;~~~ ',e;'.~ .. E-< 5 '!'l: > '- J:: m III <(1 Wti 'a:'~ <( d I," ,~~ .. , ~i ,~: U I ,:{ :rl~ ni .... ,., - ". \ s:;...~~' .t. J;;;' ~. .......... ~~, ".;,,~,.., f.r; ,\: 'ft, ~,r,r~ r;!. ", ~~ ' j.lt' .'.;:< 1 'J :.t. 'l "{ l:" 0 h , \f~ I J,;j ",1 :1"" oJ h ,;..j .,i II; <( lilt" ., C "" ,i.~ ~~ <l: . ~ ] ,~~ ' .... I). J JP' !~ ~:.~.." .~:" ""'-. ~..' ~ '" '. .' ,;:J " f1!" 1 ~ ;;.': "~j J.~ ~ " ,,I;~i ~I' -,.7 (; --... ~. \J ~I ~-Q i~. : b.:: a ,~ ~ ,: .~~ , I \.I I ! .,- j ,~ .:,..'" TO'", .,,~ C &4.~rr- A )4 -cD ., r . ;: ) -..... --.----..-...--.---.--;-_..___.::=~_...:~.I~ _.. (M/'d ,OOT) - --"'--'- ':~.i~~~~:... NOISN~XX8 188axs RLOT ~.~.,------ '~'-""~'_4 J'" .......[-.: .. lu . f:: l:z -~. . , H , .~llui ; r' ~. !2 IE-<u. 'J w , '_ _ ~"' 8 ; 'Ea'.~ '---.- ~~ .,~ ? ~ ES '0:; j2 I ... u ~ l!i J I J " l..m ...l., .~) '<It ~~~l '" "~ Ji'" NP ." "" j j~ ~.. l' :x: tJ) ~,. ::J tLlr..Wo. ~alH(.'}~ ... ZtLlU ~<(2...:l XZ~...:l:t: ~12a8E:; >-<u 0 C3 U) ! ,5 , ,I N I ~\___ n\l%""" _ -.....WI "'" _ tAll -_~~.ill-t\.......... . ....'.4q~:r:. -~.O' Kt '- LEGAL DESCRIPTION: P ARC[l A: A PARCU OF lAND l'1'1NG IN SECTlONS 29, 32. 50. 51 AND 52. TO'M'lSHIP 17 SOUTH, RANGE 34 EAST AND BEING A PART or THE LAND DESCRIBED IN DmCIAL RECORDS BOOK 492D, PAGE 3D41 AND AU. Of THE PARCELS Of LAND DESCRIBED IN OmCIAL RECORDS BOOKS (5268. PAGE 299S). (SI71. PAGE 922). (SDS8, PAGE 4839), (S221. PAGE 129D). (2907. PAGE 676). (4612. PAGE 3561). (2641. PAGE 605). (2450. PAGE 123). (4565. PACE 0037). (5176. PAGE 32~). (1877. PAGE 2006). (2796. PAGE no). (2300. PAc( 1740). (3970, PACE 415<4). (.....58. PAGE 4143). (1248, PACE 425). (3931, PAC( 4691) AND (2857. PAG( 424) ALL Of THE PUBUC RECORDS Of VOLUS'A COUNTY. 'lORIDA. SAID PARCEL Of LAND BEING DESCRIBED AS fOLLOWS: COMMENCING AT A CONCR[Tl[ UONUUENT STAMPED .PlS 2027. LOCATED AT THE SOUTHv.{:ST CORNER or SECTION 49. TO'MISHIP 17 SOUTH. RANGE 34 EAST (THE ~OUR PICKETT GRANT); THENCE N.71'36'38.E.. ALONG THE SOUTH UNE or SAID SECTION '9. A DISTANCE or 955.0S fcrT TO THE NORTHI'ltST CORNER OF PARCEL C AS [)[SCRIBED IN THE AfORESAID ornoAL RECORDS BOOl< 4920. PACE 3041 AND SAID P04NT BEING Tl1E NORTl1v.{:ST CORNER 0, Tl1E AfORESAID SECTlON 29 AND THE POINT or BEGINNING 0, THE PARCEL or lAND HEREIN DESCRIBED; THENCE S.01 1 7'19.E.. ALONG THE v.{:ST UNE Of SAID PARCEL C AND THE I'ltST UNE or SAID SECTION 29. A DISTANCE or 1008.58 Ft:ET TO 'Jl.iE NOR'Jl.iEAST CORNER Of 'Jl.iE PARCEL Of LAND DESCRIBED IN SAID OImCIAl RECORDS BOOI< 3931. PAG( 4691; THENCE ALONG THE BOUNDARIES or SAID PARCEl.. THE 'OlLOWlNG Tl1REE COURSES AND DISTANCES' Tl1ENCE S.88'42'41'W.. 50.09 fEET; 'Jl.iENCE S.0117'19-[,. 93.28 fEET; 'Jl.iENCE N.88'42'41.E.. 50.09 'EET TO A POINT LYING ON THE AfORESAID WEST UNE or SAID PARCEL C AND THE I'lt:ST UNE Of SAID SECTION 29; THENCE S.0117'19"E.. AlONG SAID UNE. 1nOB2 fEET TO THE SOUTHI'lt:ST CORNER 0, SAID PARCEL C AND SECTlON 29 AND SAID POINT L YlNG ON THE NORTH UNE or LOT J4 0, Tl1E PLATO, ASSESSORS SUBDIVISION or G. ALVAREZ GRANT IN SECTlON 5Z. TO'MISHIP 17 SOUTH. RANGE J4 EAST AS RECORDED IN UAP BOOKS 3, PAGE 137 AND 22. PAGE 24 or THE PUBUC RECORDS or VOWS/A COUNTY. fLORIDA; THENCE ALONG THE BOUNDARIES or SAID PLAT AND SAID SECTION 52. THE fOlLOWING TWO COURSES AND DISTANCES: THENCE S.7419'36-w.. 637.... fEET; THENCE 5.13'42'05"[,. 1825.12 fEET TO THE NORTHv.{:ST CORNER or THE AfORESAID SECTION 32; THENCE S.0812"'.E.. AlONG THE WEST UNE or SAID SECTION 32. A DISTANCE or 77837 Ft:ET TO A PClNT LYING ON THE NORTH RIGHT Of WAY UNE or THE 'lORIDA EAST COAST RAILWAY RIGHT Of WAY (EDGEWATER CUTOf1'XA 15D FOOT WIDE RIGHT OF WAY); THENCE ALONG SAID RIGHT Of' WAY UNE. THE ,OLLOWlNG TWO COURSES AND DISTANCES: THENCE N.67"52'I1.E.. 3136." >EEl TO THE POINT or CURV"TURE OF A ClRCULAR CURVE. CDNCAVE NORTHERLY AND HAVING A RADIUS Of 1357.69 fEET; THENCE E"STERL Y. AlONG THE ARC OF SAID CURVE, THROUGH A COoITRAl "NGlE or 22'05'35.. 523.52 fEET TO THE SOUTH~T CORNER Of THE PARCU or LAND DESCRIBED IN OImOAL RECORDS BOOK 3825. PAGE D283 or THE PUBLIC RECORDS Of VOLUSlA COUNTY. rt.ORIDA; THENCE ALONG THE BOUNDARlES or S"ID P"RCEL or LAND DESCRIBED IN S....D OImCl"L RECORDS BOOl< 3825. P"GE D263. THE FOLLOWING EIGHT COURSES "NO DIST,Io,NCES; THENCE N.2819.,2-..... 46.36 FEET: THENCE N.27'03'2J"W.. 90.09 fEET; THENCE N.2~'S6'59.W, 210.92 fEET: THENCE N.Z"39'33"W.. 364.06 fEET; THENCE N.24'J4'38.W.. 3J4.... fEET: THENCE N.62"2D'34"[.. 574.63 fEET; THENCE N.22'06'19.w.. 180.03 fITT; THENCE N.6716"'"E.. 332.17 fEET TO A POINT l YlNG ON THE I'ltSTt:RL Y RIGHT or W" Y UNE or THE fLORIDA EAST CO"ST RAILWAY RiGHT Of" WAY: THENCE "lONG SA'O RIGHT 0' W" Y UNE. Tl1E FOLLOWING Tl1REE COURSES AND DISTANCES: THENCE N.22'06'29-W.. 2'3.06 FEET; .THENCE N.67'~'31.E.. 38.00 FtIT: THENCE N.22'Oe'29.W.. 338968 fITT TO THE INTERSECTION WITH THE SOUTH UNE Of SECTION 49. TO'MISHIP 17 SOUTH. RANGE 34 EAST. (THE SEYMOUR PICKETT GRANT) AND SAID UNE BEING Tl1E SOUTH RIGHT Of WAY LINE OF Tt:NTH STREET; Tl1ENC[ S.71'J6'JS"W.. "lONG S....D LINE. 7'5.94 FTET TO A CORNER or P"RCEl A "S DESCRIBED iN OfT1C1"L RECORDS BOOi< '920. PAGE 3041 OF THE PUBuC RECORDS or VOlUSlA COUNTY. flORID": THENCE ALONG THE BOUND"RIES or SAID PARCEL A. THE fOllOWING SEVEN COURSES "NO DiSTANCES: THENCE S.2318'56-[.. 194.D1 fEET; THENCE N.66'41'D4-E.. 8D.00 F'ITT; THENCE S.2318'56"[., 3145.S4 mT; THENCE S.6717'32-w., 93954 fEET: THENCE N.2319'31.W. 3196.50 fEET; THENCE N.66'40'29"E.. 80.00 'EET: THENCE N.2J19'3'.W.. '98.30 FTET TO'A. POINl L YlNG ON Tl1E ",ORE"ENTlONEO SOUTl1 LINE 0, SECTION 49 AND Tl1E SOUTH RIGHT or I"."y UNf 0, TENTH STREET; THENCE S.71'36'~'W.. AlONG S"ID UNE 901.28 >EEl TO Tl1E POINT OF BEGINNING CONTAINING 323.1D ACRES lAORE OR LESS. TOCETl1ER WlTl1. PARCEL B: A P"RCEL or LAND BEING PAROEl B AS DESCRIBED IN OfTlOAL RECORDS BOOK '920. PAGE 3D41 or THE PUBLIC RECORDS Of' VOlUSI" COUNTY. fLORIOA. DESCRIBED "S FOU,OWS: BEGINNING "T THE INrrRSECTlON OF THE EAST UNE OF LOT 42 AS SHOWN ON Tl1E PLAT or ASSESSOR'S SUBOIVlSlON 01' G ALVAREZ GRANT SECTION 52 - T17S - R34E. AS RECORDED IN MAP BOOKS 3, PAGE 137 "NO 2.2. PAGE 24 Of SAID PUBLIC RECORDS Of VOLUSIA COUNTY. 'lORID" WITH THE SOU'Jl.i RIGHT 01' WAY UNE or THE 'lORID" EAST COAST RAILW"Y RIGHT or W"Y; THENCE "LONG THE BOUNDARIES or SAID PARCEL B "S DESCRIBED IN SAID omOAL RECORDS BeOK '920. PAGE 3041. "Ll THE fOlLOWING COURSES AND DISTANCES: THENCE ALONG SAID RIGHT or WAY LINE. THE fOLLOWING TWO COURSES AND OlSTANCES; ffiENCE N.67'52'''.E.. 276.30 >EET TO THE POINT or CURVATURE or A CIRCULAR CURVE. CONCAVE NORTHERLY AND HAVING" R"DIUS or 1507.69 fEET; THENCE EASTUll Y. AlONG THE "RC or SAID CURVE. THROUGH" CENTRAL "NGLE Of 10111 '37., 263.85 >EET; THENCE 5.22'44'12.['. 121.65 fEET TO " POINT L YlNG ON THE NORTH RIGHT or WAY UNE Of PARK AVENUE: THENCE S.67'oo'46.w.. ALONG S"'D RIGHT or WAY UNE. 539.Dl >e:ET; THENOE N.22.....40-W.. 10ll.68 fEET TO THE POINT or BEGINNING. CONTAINING 1.32 ACRES "ORE OR LESS. "LSO TOGETHER WITH: PARCEL C: " P"RCEL OF LAND BEING A PART or LOT '2 AS SHOWN ON THE PLAT Of ASSESSOR'S SUBDIVISION or G. Al VARE2 GRANT. SECTION 52. TOWNSHIP 17 SOUTH. RANGE 34.EAS'T AS RECORDED IN lAAP BOOl<S J. PAGE 137 AND 22. PAGE 24 or THE PUBliC RECORDS or VOlIISIA COUNTY. fLORID" DESCRIBED AS FOllOWS. ". COuMENCING A T THE INTERSECTlON Of Tl1E EAST LINE or SAID LOT 42 WITH THE SOUTH RIGHT Of' W"Y LINE Of' THE rt.ORIDA EAST COAST RAILWAY RIGHT OF W"Y (EDGEWATER CUTorf); THENCE S67'52'''.W.. ALONG SAID RIGHT OF WAY UNE. 23'5.79 fEET. TO THE NORTHEAST CORNER Of' THAT PORnON or DALE STREET. (A 6D.00 FOOT WIDE EASIEl.4ENT AS DESCRIBED IN OFTICIAL RECORDS BOOK 2436, PAGE 1018 or THE PUBUC RECORDS or VOLUSlA COUNTY. 'lORiDA) L YlNG SOUTl1 0' SAID RAILW"Y RIGHT Of' WAY,Io,ND SAID POIW; BEING Tl1E POINT Of' BEGINNING or Tl1E PARCEL Of' L"ND HEREIN DESCRIBED; THENCE CONTINUE ALONG Tl1E BOUNDARIES Of' SAID EASEMENT, THE fOLLOWING fOUR COURSES AND DiSTANCES: THENCE CONTINUE S.67'S2'11-W.. ALONG S"ID RIGHT Of WAY UN[. 60.00 fEET; THENCE S21.29.....E.. 145.05 fEET TO A POINT L YlNG ON THE NORTHERLY RIGHT or WAY LINE or PARK AVENUE; THENCE N.67'00"3-E., ALONG S"ID RIGHT or WAY UNE, 60.D2 fEET; THENCE N.21.29......W., 1.....1. fEET TO THE POINT OF BEGINNING. CONT AINING 0.20 "CRES MORE OR LESS. fC~ji~~~;~~;~ ~:.f;:::O:l L ~. ~ . _. ~'.-- -_"""_,,,,_ _~.___ ...~... ~""~,,,._,~"_,,,,.___...-...._...._~_.. ~..- ..~......._.._._....._.,__.,---,.__~._..____.-...__, .~- __ ~...... Jo.. .,~ ~_" . -. "J : I i , ..........r-...........'...--r....-,........o(.... -,-.. ,......,. ....,.. .-. Too.., -... I,". , : : : : : : : : : : : I , , , f I I , I I I . t I I I I I . , I , I I I I , t , I , f . I . I ' 1 I I , f I , I I f I I I , I , I I I I , I I , , I I I I I f I , I I If' I , I I , t , I I I I I I , I I I I I I , I I I I .1 1..1 .. . ..I. _ ~ .. . .. ... "'...... ..-:-....-.,... . . t.. ..... J ' ' . : ., : , . I !' I :. : ! 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I 1 I ..-.l~ ~_m.l'i.. _..'"_-_._.~...,..__.. ..C.~. __I '" ~1.HJ (fl!lt) ,', '00 (H'-ln ADDENDUM TO COMMERCIAL CONTRACT This Addendum to Commercial Contract ("Addendum") by and between MGM Real Estate Group, Inc., a Florida corporation ("Buyer") and The City of Edgewater, Florida, a Municipal corporation ("Seller") hereby amends and supplements the foregoing Commercial Contract ("Contract") as follows: 1. Title Agent. Buyer has selected the title/escrow/closing agent who is Jeffrey C. Sweet, Esquire. 2. SurvevlPurchase Price: The purchase price of the Property shall be computed at $55,000.00 per acre for "Usuable Upland" and $8,000.00 per acre for all remaining Property. "Usuable Upland" is defined as all Property to be acquired less Jurisdictional Wetlands and Upland Buffers under the jurisdiction of the St. Johns River Water Management District. Buyer shall procure and pay for a survey. The surveyor shall determine the exact number of acres comprising the Property. Buyer is also responsible for determining all Jurisdictional Wetlands, Upland Buffers and all areas within the 100 year floodplain. Buyer's surveyor will designate all "Useable Upland" and all remaining property; and will further determine the number of acres associated with each category. Acreage shall be computed to the nearest tenth of an acre. The final purchase price shall be adjusted in accordance with the formula provided herein. The purchase price stated in the Contract assumes there are eighty two (82) acres at $55,000.00 per acre. 3. Plat. On or before the date of closing, all parties required to join in the plat (or any addendum thereto) ofParktowne Industrial Center shall sign the plat. @ 4. Fill Dirt. Buyer has agreed to construct certain improvements (as provided below) which are the Seller's responsibility. Any fill dirt derived from any construction activities by Buyer shall remain the property of the Buyer and may be used by Buyer at the sole discretion of Buyer. 5. Base Leg Drive. Buyer has agreed to install a Road named Base Leg Drive. ("Road") The Road shall be installed in accordance with plans and specifications prepared by Gierok Engineering, Inc., 1835 Edgewater Drive, Orlando, FL 32804 dated August 31, 2005 with revisions on December 6,2005 and January 19, 2006, sheets C-l through C-I0. Seller has secured estimates to build the Road and Bridge described below. The sum oftwo million seven hundred thousand dollars ($2,700,000.00) is a reasonable cost to construct the Road and Bridge. ("Accepted Bid"). Buyer will install the Road (and Bridge) for the Accepted Bid amount. The Accepted Bid amount will be a credit to Buyer at closing. Seller will hold a note and mortgage in the amount of the Accepted Bid pending Buyer's completion of the Road (and Bridge). Upon completion of the Road (and Bridge), Seller will fully satisfy the note and mortgage and a satisfaction of mortgage will be recorded in the Public Records of Vol usia County, Florida. 6. Bridge. There is an existing canal depicted on the drawing attached hereto as Exhibit B. The canal is adjacent to Tract A-II and A-12. Buyer agrees to build a bridge over the canal and to extend the pavement approximately ten to fifteen feet sufficient to stabilize the bank.("Bridge") Buyer further agrees to extend water and sewer service to the end of the pavement and stub and cap water and sewer. Seller has secured estimates to build the Bridge and Road described above. The sum of two million seven hundred thousand dollars ($2,700,000.00) is a reasonable cost to construct the Bridge and Road ("Accepted Bid"). Buyer will install the Bridge (and Road) for the Accepted Bid amount. The Accepted Bid amount will be a credit to Buyer at closing. Seller will hold a note and mortgage in the amount of the Accepted Bid pending Buyer's 8P completion of the Bridge (and Road). Upon completion of the Bridge (and Road) Seller will fully satisfy the note and mortgage and a satisfaction of mortgage will be recorded in the Public Records of Vol usia County, Florida. 7. Purchase Price Adiustment After Closing. If Seller requires any modification to the Road or Bridge ("Seller Modification") defined herein after closing and the Seller Modifications result in an additional expense to Buyer; then the purchase price shall be further adjusted to provide Buyer a credit for the additional expense. Buyer and Seller agree that the Escrow Agent shall hold $250,000.00 in an escrow account after closing for use in compensating Buyer for any Seller Modifications. 8. Road Impact Fee Credits. Seller agrees to cooperate with Buyer in securing any road impact fee credits as may be available from V olusia County. 9. Assignment. Buyer may assign the Contract and Addendum without Seller's consent, provided Buyer shall not be released from liability. 10. Seller Default. If the transaction fails to close due to a default by the Seller, in addition to other remedies as provided in the Contract, Seller shall reimburse Buyer for all expenses incurred by Buyer in conducting investigations of the Property. 11. Road and Bridge Construction. The Accepted Bid amount is for the Road and Bridge combined. 12. Time for Acceptance. This offer shall expires on April 30, 2007. Ifnot executed by Seller on or before April 30, 2007, this offer shall be deemed withdrawn. Buyer has signed the offer effective April 30, 2007, which date shall commence the due diligence period. ;5) (SELLER) The City of Edgewater, Florida, a Municipal corporation By: (BUYER) MGM Real Estate Group, Inc., a Florida corporation ~n I ~ 2ov7 B~ ___ '?\-~ ~.) D4T ~- --... MGM Real Estate Group, Inc. 100 LaCosta Ln. Suite 140 Daytona Beach, FL 32114 Phone: 386 274-1422 Fax: 386 274-1481 Document Transmittal May 1, 2007 Ms. Liz McBride City of Edgewater Re: Second Addendum Commercial Contract Dear Liz: Enclosed.are 4 signed copies of the Second Addendum to Commercial Contract signed by Thomas G. (Gerry) Glass of MGM Real Estate Group, Inc. A copy was faxed to you earlier today. Please call Gerry with any questions or concerns you may have. Cordially, .. '. /Y) ~ Minnie Davidge Enclosure SECOND ADDENDUM TO COMMERCIAL CONTRACT This Second Addendum to Commercial Contract ("Addendum ")is made by and between MGM Real Estate Group, Inc., a Florida corporation ("Buyer'') and The City of Edge water, Florida, a Municipal corporation ("Seller'') as follows: 1. The Time for Acceptance in paragraph 12 of the first Addendum is hereby extended from Apri130, 2007, to May 30,2007. 2. All time periods stated in the Contract are extended accordingly. The parties confirm that the "effective date" of the Contract is the date on which the last party signs the Contract and all Addendum. 3. All terms and conditions of the Contract and Addendum thereto not inconsistent herewith are ratified and affirmed. (SELLER) The City of Edgewater, Florida, a Municipal corporation By: (BUYER) ~ Group, Inc.. a Florida corporation , By:--r-~ ~ ~ _ - SECOND ADDENDUM TO COMMERCIAL CONTRACT This Second Addendum to Commercial Contract ("Addendum")is made by and between MGM Real Estate Group, Inc., a Florida corporation ("Buyer") and The City of Edge water, Florida, a Municipal corporation ("Seller") as follows: 1. The Time for Acceptance in paragraph 12 of the first Addendum is hereby extended from Apri130. 2007, to May 30,2007. 2. All time periods stated in the Contract are extended accordingly. The parties confirm that the "effective date" of the Contract is the date on which the last party signs the Contract and all Addendum. 3. All terms and conditions of the Contract and Addendum thereto not inconsistent herewith are ratified and affirmed. (SELLER) The City of Edgewater. Florida, a Municipal corporation By: (BUYER) MGM G: Group, Inc., a Florida corporation '""'------By: \ ..::::::=:=> ~ - SECOND ADDENDUM TO COMMERCIAL CONTRACT This Second Addendum to Commercial Contract ("Addendum")is made by and between MGM Real Estate Group, Inc., a Florida cOlporation ("Buyer") and The City of Edge water, Florida, a Municipal corporation ("Seller") as follows: 1. The Time for Acceptance in paragraph 12 of the first Addendum is hereby extended from Apri130, 2007, to May 30,2007. 2. All time periods stated in the Contract are extended accordingly. The parties confirm that the "effective date" of the Contract is the date on which the last party signs the Contract and all Addendum. 3. All terms and conditions of the Contract and Addendum thereto not inconsistent herewith are ratified and affirmed. (SELLER) The City ofEdgewater, Florida, a Municipal corporation By: (BUYER) '--- SECOND ADDENDUM TO COMMERCIAL CONTRACT This Second Addendum to Commercial Contract ("Addendum")is made by and between MGM Real Estate Group, Inc., a Florida corporation (''Buyer'') and The City ofEdgewater, Florida, a Municipal corporation ("Seller") as follows: 1. The Time for Acceptance in paragraph 12 of the first Addendum is hereby extended from April 30, 2007, to May 30,2007. 2. All time periods stated in the Contract are extended accordingly. The parties confirm that the "effective date" of the Contract is the date on which the last party signs the Contract and all Addendum. 3. All terms and conditions of the Contract and Addendum thereto not inconsistent herewith are ratified and affirmed. (SELLER) The City ofEdgewater, Florida, a Municipal corporation By: (BUYER) c:::- MG~GroUP.InC~~tion . __By: I .c::::=> -. ----' -., , .}~^'~ 1 q, fZ3> AGENDA REQUEST Date: May 10, 2007 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS XX ITEM DESCRIPTION: Request For Proposals #07-ES-01 were solicited for services related to Green Waste Hauling and Disposal for the City of Edgewater. The work consists of services by a qualified contractor to load and haul Green Waste, containing palm fronds, leaves, branches, tree stumps and tree cuttings, etc., from the Public Works Facility and disposed of at a V olusia County/Florida Department of Environmental Protection permitted Landfill. BACKGROUND: Cloer and Sons, Inc.'s current contract expires on August 5, 2007. In order to be prepared for hurricane season, on March 13,2007, three (3) Request for Proposals were received and publicly opened. These proposals were evaluated by a team consisting of the Director of Environmental Services, the Deputy Director of Environmental Services and the Public Works Superintendent based on qualifications, experience, past performance, fee proposal, current and projected work loads of the proposer, history of violations of Federal, State or Local Law or regulations and location of proposer's company. Two of the RFP fee proposals were only ten cents per cubic yard in difference. Cloer and Sons, Inc. fee proposal was $4.50 per cubic yard and Down To Earth Trucking, Inc. was $4.40 per cubic yard. Therefore, these two proposals were evaluated further with site visits and discussion with the proposers of their operations. STAFF RECOMMENDATION: Cloer and Sons, Inc. has been providing this service to the City off and on since 1995. They have been in operation for over 30 years compared to Down to Earth Trucking's Operation of only 2 'l2 years. During the hurricanes of 2004, Cloer and Sons allowed the City as well as the emergency contractor of the City to use their site for disposal of the debris. In addition, Cloer and Sons, Inc. was very cooperative with staff from FEMA including erecting a platform for the FEMA inspector. In addition, the City of Edgewater was complimented on having the lowest disposal cost in the County during this emergency. Cloer & Sons Inc.'s reliability and commitment to the City during the hurricanes was commendable. In addition, the location of the landfill site just off of S.R. #442 enables the use of City forces to haul directly to the site. While Down to Earth Trucking has offered the same service at a cheaper rate of $3.50, it is not economical to do so because of equipment and distance to travel to their site on S.R. #415. Because the difference of fee proposals is minimal, and Cloer and Sons, Inc. has been a reliable and committed partner to the City of Edgewater, staff recommends City Council select Cloer and Sons, Inc. to perform the services of the Green Waste Request For Proposals. . \...,.,.~" ACTION REQUESTED: A motion to select Cloer and Sons, Inc. to perform the services as specified the Green Waste Request for Proposals #07-01-ES and authorize the City Manager to enter into a five-year contract with Cloer and Sons, Inc. as specified in the Request for Proposals. FINANCIAL IMPACT: (FINANCE DIRECTOR) $180,000 each year for the first two years. Subsequent years subiect to the allotted increase by the Consumer Price Index. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO-X DATE: AGENDA ITEM NO. Respectfully submitted, ~j)~ ~~"-i\ Brenda L. Dewees Robin Matusick \ Deputy Director ofEnv. Services Paralegal /''" on C. Williams City Manager 2 AGREEMENT FOR GREEN WASTE HAULING & DISPOSAL THIS AGREEMENT FOR GREEN WASTE HAULING & DISPOSAL (this "Agreement") is made and entered into this day of , 2007, by and between the CITY OF EDGEWATER, FLORIDA, (hereinafter "City"), whose mailing address is P. O. Box 100, Edgewater, Florida 32132-0100 and CLOER & SONS, INC., (hereinafter "Contractor"), whose mailing address is P. O. Box 1446, Edgewater, Florida 32132. WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Contractor agree as follows: Section 1. SCOPE OF WORK The City desires to have Contractor furnish professional services related to yard trash hauling and disposal which consists of the loading and hauling of yard and garden waste from the Public Works Facility located at 409 Mango Tree Drive, Edgewater, Florida to a Volusia County/FDEP permitted landfill site. Such yard and garden waste might include such products as, but are not limited to the hauling of, palm fronds, leaves, branches and tree stumps. Contractor shall inspect and certify that the Work is in accordance with approved Work Orders and applicable laws and regulations. This Agreement standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Agreement when it is determined to be in the best interests of the City to do so. The Contractor, or his designee as approved by the City, agrees to perform the functions (Agreement/Cloer & Sons - Yard Trash & Hauling-200?) 1 of his office in a competent and professional manner. Section 2. TIME FOR COMPLETION The services to be rendered by the Contractor shall be commenced, upon receipt of the applicable Work Order or Notice to Proceed to be issued hereunder, and shall be completed within the time specified therein. Section 3. AUTHORIZATION FOR SERVICES Authorization for the performance of professional services by the Contractor shall be in the form of a Work Order or Notice to Proceed issued by the City. Any natural disaster that would require additional work will be in addition to this Agreement and will be authorized pursuant to the appropriate Work Order. Section 4. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall be compensated for all services rendered under this Agreement in an amount not to exceed four dollars and fiftyll 00 ($4.50) per cubic yard with an estimated amount of material at 40,000 cubic yards per year. Therefore, this Agreement shall not exceed an amount of one hundred eighty-thousand and noll 00 ($180,000.00) per year or the budgetary amount allocated. B. The Contractor shall maintain the above-mentioned rate for two (2) years at no increase to the City. After the first two years of the Agreement, Contractor may request an increase in per yardage price equivalent to the percentage change in the Consumer Price Index for the preceding year ending in June (prior to October 1 st start of fiscal year) as reported for the category of Groups less than 50,000 population, all urban customers. The basis for such change shall be the June Consumer Price Index released approximately (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) 2 .. July 15 by the Bureau of Labor and Statistics Southeastern Regional Office. C. Any natural disaster that would require additional work will be in addition to this Agreement and will be authorized pursuant to the appropriate Work Order, the costs of which shall not exceed four dollars and 50/1 00 ($4.50) per cubic yard or the adjusted amount in subsequent years of the Agreement. D. In the event of a natural disaster increasing the amount of debris, the contractor agrees to make the disposal facility open to City personnel to dispose of debris collected by City forces if the City feels the disaster warrants the need, the costs of which shall not exceed four dollars and 50/100 ($4.50) per cubic yard or the adjusted amount in subsequent years of the Agreement. Contractor agrees to furnish an inspection platform at the disposal site if required by FEMA or any other governmental agency for the purposes of looking in trucks transporting debris. E. The Contractor will keep an itemized work log indicating dates, times and description of the day-to-day business transacted and/or reviewed under this Agreement. At the end of each project, the Contractor shall submit an invoice for services rendered relating to the project outlined herein. Each invoice shall include the following: purchase order number; date and time of services, unit price and extension of price per yard for loading and hauling from the Public Works Facility and weigh tickets from the designated landfill scale house or copies of signed trip tickets from the Public Works office. F. Upon approval of such payment requested by the Contractor, City agrees that it will make its best efforts to pay the Contractor within thirty (30) days of receipt of Contractor's InVOIce. (Agreement/Cloer & Sons - Yard Trash & Hauling-200?) 3 Section 5. CHANGES IN SCOPE OF WORK City or Contractor may request changes that would Increase, decrease, or otherwise modify the Scope of Work under this Agreement. Such changes and method of compensation must be agreed upon by a written Change Order prior to any deviation from the terms of the Agreement. Such changes, when properly executed, shall become an Amendment to this Agreement. Written Change Orders shall be in form and content acceptable to the City. Section 6. RESPONSIBILITY OF THE CONTRACTOR A. Contractor shall be responsible for the professional quality, technical accuracy and coordination of projects with the City. B. The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. Section 7. OWNERSHIP OF DOCUMENTS All reports and specifications that result from the Contractor's servIces under this Agreement shall become the property of the City. The Contractor shall return documents as may be requested to the City yet may retain possession of copies of the documents. Section 8. TERM The term of this Agreement is for a five (5) year period and shall commence on August 6, 2007 and shall end no later than September 30, 2012, unless terminated earlier as provided herein. This Agreement may be renewed for three (3) additional terms of one (1) year each upon approval of both parties. If the City exercises its option to renew the contract, any price increase shall be mutually agreeable, but no higher than the CPI adjustment for the previous June Consumer Price Index as directed in Section 4 (B) of this Agreement. (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) 4 " Section 9. TERMINATION A. Either City or Contractor may terminate the Agreement upon thirty (30) days written notice to the other party. Upon receipt of such notice, the Contractor shall: 1) Immediately discontinue all services affected (unless the notice directs otherwise); and Deliver to the City all reports, estimates, and such other information and materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process. 2) Section 10. CONFLICT OF INTEREST Contractor agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. Section 11. INDEMNIFICATION To the extent provided by law, the parties agree to indemnify and hold harmless each other from all claims, losses, expenses, fees including attorney's fees, costs and judgments that may be asserted against the indemnified party, to the extent that the indemnifying party is negligent with regard to the project. Section 12. NOTICES All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by regular mail and addressed as follows: (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) 5 " If to City: Legal Department City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132-0100 (386)424-2400 ext. 1203 If to Contractor: Allen Cloer Cloer & Sons, Inc. P. O. Box 1446 3096 Eels Grove Road Edgewater, FL 32132 (386)427-1655 (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) With Copy to: City Manager City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132-0100 (386)424-2400 ext. 1201 Brenda L. Dewees Deputy Director of Environmental Services City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132-0100 (386)424-2476 6 .' ..' Section 13. SEVERABILITY This Agreement and covenants herein are severable, and in the event that any of them shall be held invalid by a competent court, this Agreement shall be interpreted as if such invalid agreement or covenant was not contained herein. Section 14. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supercedes any prior written or oral agreements between the parties. Section 15. AMENDMENT This Agreement may be modified or amended if such amendment is made in writing and is signed by both parties. Section 16. ASSIGNMENT This Agreement may not be assigned by Contractor without the express written consent of the City. Section 17. WAIVER OF CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement. (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) 7 .' .' '". IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the date specified herein. WITNESSES: CITY OF EDGEW ATER By: Jon C. Williams City Manager Dated: WITNESSES: CLOER & SONS, INC. ~~~ / ~~Jh V~1(~ ~~~ Allen Cloer -- Dated: ~//- 0 7 . (Agreement/Cloer & Sons - Yard Trash & Hauling-2007) 8 -:"~ . . ~ q. c. Disaster#: 1539 FEMA Project Worksheet #: 3561 Category: E-Public Buildings Damaged Facility: Kennedy Park Recreational Facilities Item Project Worksheet Quantity Unit Price Estimated Total Cost Project to Date Racquetball Court Total Cost Insurance Proceeds Net Expense 2 48,000.00 96,000.00 96,000.00 (sI. his. (15,574.00) 80,426.00 0.00 0.00 (17,131.40) Ik-lloIt ( (17,131.40) 243,765.84 38,827.74 M/ya,( (Xf1~t 0.00 38,827.74 (160,484.50) ,4t>/wt( (121,656.76) (138,788.16) Shuffleboard Courts Shuffleboard Courts Clubhouse Total Cost Insurance Proceeds Net Expense 16 1200 sq ft 13,562.50 217,000.00 65.35 78,420.00 295,420.00 C,/.z,s (132,080.16) 163,339.84 Total .l1;'~ 5/.;1 fJ;/ - t}Pt'$ dl-r /f/tt! Ivc/e. 6<./. h~~ ~H jJrep ek ' . . .. . ~""r .... Page 1 of 1 Brett L. Tanner From: Aaron.Harden@em.myflorida.com Sent: Thursday, May 10, 2007 3:29 PM To: Brett L. Tanner Subject: Funding for PW 3561-0 Brett: Thank you for your call regarding PW 3561-0 for Hurricane Charley. The total eligible amount is $243,765.84. You may make as many requests as you need to up to the eligible amount. With each request you must provide documention (i.e. invoice numbers) in the amount that you are requesting. The amount you request will be taken out of the elible amount until you use all of it. If there is a balance remaining or if the actual costs end up being more than the eligible amount you will note a cost over-run or under-run on your request for final inspection after the completion of the project. A closeout PW will then be written to settle the difference as long as the costs are deemed eligible. Once you submit the RFR it should only take one to three days to be approved and payment made. To expedite this process, simply send me an email once you have submitted the RFR. Once it has been approved, the payment can be made. Payment processing should take about 21 days and may be faster or slower depending on your payment method (EFT or Check). There are 7 steps to approving a payment. You will be able to check the status of your payment and see what step it is in by logging on to floridapa.org, signing in, selecting the correct disaster and clicking on the link called "payment listing." If your payment takes longer than 3 or 4 weeks to recieve, please feel free to contact our office to see if there is any reason why there would be a delay. Thank you again for your call. Let us know if there is anything else we can help you with. Aaron Harden State of Florida Division of Emergency Management Financial Specialist 407 -268-8899 5/10/2007 1[. C 0 ~~ INTER-OFFICE MEMORANDUM EDGEW A TER, FLORIDA TO: Mayor & Council FROM: Robin L. Mat~ '. . . Paralegal ~ C.A.NO.: 2007 -048 DATE: May 9, 2007 SUBJECT: Planning & Zoning Board Request Attached please find a copy of a letter dated March 15, 2007 from Edwin V opelak, Chairman of the Planning & Zoning Board requesting a Joint Workshop with the City Council. Unfortunately, we just became aware of this request and are forwarding for your information/review as soon as possible! The City Manager will discuss this in further detail during the May 21, 2007 Council meeting under his reports. Please call or stop in if you have any questions. Again, sorry for the delay in forwarding to you! Copy to: Planning & Zoning Board l?l?Cl?lV. M4R ,2 1 'l1D Cll'y 2001 ~<iGJ?~ March 15, 2007 To All Members of the Edgewater City Council: We, the members of the Edgewater Planning and Zoning Board, would like to express our commendations for your interest and actions taken at the recent Strategic Planning Session. We firmly support such efforts and believe the results will most certainly serve the best interests of our community. In order to better understand the effects this Board's actions will have on the future of Edgewater, we are undertaking an effort to compile our thoughts regarding the short to long-term development of the City. Please understand this is being done solely as a supportive effort to the Council and we would sincerely appreciate your invitation to a joint workshop with us. Respectfully on behalf of the Planning and Zoning Board, ~~-f:.y~ Chairman (D.0.,~) ORDINANCE NO. 2007-0-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA; MODIFYING CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES BY AMENDING ARTICLE III (ADDITIONAL HOMESTEAD EXEMPTION FOR SENIOR CITIZENS), SECTIONS 9-27 (ENTITLEMENT TO ADDITIONAL HOMESTEAD EXEMPTION) AND 9-30 (NOTICE REQUIREMENTS) OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER FLORIDA, BY PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION OF UP TO $50,000.00 FOR QUALIFIED SENIOR CITIZENS; PROVIDING FOR NOTIFICATION TO THE VOLUSIA COUNTY PROPERTY APPRAISER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. In accordance with Section 6(f), Article VII of the Florida State Constitution and Section 196.075, of the Florida Statutes, the City of Edgewater may adopt an ordinance to allow an additional homestead exemption of up to $50,000.00 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence ofthe owner, who has attained the age of 65 and whose household income does not exceed $20,000.00 annually; and 2. In accordance with state law, the $20,000.00 income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that; and Stltl.:;k t1l1otl~h passages are deleted. Underlined passages are added. 2007-0-12 3. The City Council for the City of Edgewater believes that an additional ad valorem homestead tax exemption is in the best interests of its citizens as set forth hereinafter. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida as follows: PART A. MODIFYING CHAPTER 9 (FINANCE) BY AMENDING ARTICLE III (ADDITIONAL HOMESTEAD EXEMPTION FOR SENIOR CITIZENS), SECTIONS 9-27 (ENTITLEMENT TO ADDITIONAL HOMESTEAD EXEMPTION) AND 9-30 (NOTICE REQUIREMENTS) OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER FLORIDA. CHAPTER 9 (FINANCE), ARTICLE III (ADDITIONAL HOMESTEAD EXEMPTION FOR SENIOR CITIZENS), Section 9-27 (Entitlement to Additional Homestead Exemption) and Section 9-30 (Notice Requirements) are amended to read as follows: Section 9-27. Entitlement to additional homestead exemption. (a) Any person sixty-five (65) years of age or older and who has legal or equitable title to real estate located within the City and who maintains thereon his or her permanent residence, and which residence qualifies for and receives homestead exemption pursuant to Section 6(a), Article VII of the Florida Constitution and whose adjusted gross income of the household does not exceed $20,000.00 shall be entitled to make application for an additional homestead exemption of up to $25,000.00 $50.000.00 as provided in this Article. (b) The additional homestead exemption, if granted, shall be applicable to all ad valorem tax millage rates levied by the City; and, if applicable, shall be subject to the provisions of Sections 196.131 and 196.161, Florida Statutes. If title to the property is held jointly with right of survivorship, the person residing on the property and otherwise qualifying for the StI uck t111ou~l, passages are deleted. Underlined passages are added. 2007-0-12 2 additional homestead exemption may receive the entire amount of the additional homestead exemption provided herein. (c) The additional homestead exemption provided herein shall be available to qualified persons beginning with the year 2007 ZBf)t tax roll upon submission of the appropriate forms from the Florida Department of Revenue. Section 9-30. Notice requirements. The City Clerk shall, prior to Dc,ccmbCl 1, 2000 June 1. 2007, provide a copy of the Ordinance approving this Article to the V olusia County Property Appraiser; and, in the event this Article is subsequently repealed, notification of such repeal shall be provided to the V olusia County Property Appraiser no later than December 151 of the year prior to the year in which the homestead exemption provided herein expires. PARTB. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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. PART C. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. Stl nd. tIllongh passages are deleted. Underlined passages are added. 2007-0-12 3 PART D. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PART E. ADOPTION. After Motion for approval by and Second by , the vote on the first reading of this ordinance held during a Special Meeting on May 23, 2007 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stl t1Gk till ot.gh passages are deleted. Underlined passages are added. 2007-0-12 4 After Motion for approval by and Second by the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 30th day of May, 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 Stltlck tluotl~h passages are deleted. Underlined passages are added. 2007-0-12 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 Special Meeting held on this 30th day of May, 2007 under Agenda Item No.7 5 ~:::' . . ~ q.G '" . ,- Disaster#: 1539 FEMA Project Worksheet #: 3561 Category: E-Public Buildings Damaged Facility: Kennedy Park Recreational Facilities Item Project Worksheet Quantity Unit Price Estimated Total Cost Project to Date Racquetball Court Total Cost Insurance Proceeds Net Expense 2 48,000.00 96,000.00 96,000.00 (~. j,j~. (15,574.00) 80,426.00 0.00 0.00 (17, 131.40) Ik-I~ ( (17,131.40) 243,765.84 38,827.74 M~( t'kf'tW>t 0.00 38,827.74 (160,484.50) 19tv'~( (121,656.76) (138,788.16) Shuffleboard Courts Shuffleboard Courts Clubhouse Total Cost Insurance Proceeds Net Expense 16 1200 sq ft 13,562.50 217,000.00 65.35 78,420.00 295,420.00 C~f.JAs (132,080.16) 163,339.84 Total .I1)'~ 5/.;' fJ;/ - tJPt'$ t-U-{ /tI<tJ !,;c!e 6<f' h.t~ ~H prep ek , A: ..:.,.,. ,. . ..'.... . .. Page 1 of 1 Brett L. Tanner J r ~ From: Aaron.Harden@em.myflorida.com Sent: Thursday, May 10, 2007 3:29 PM To: Brett L. Tanner Subject: Funding for PW 3561-0 Brett: Thank you for your call regarding PW 3561-0 for Hurricane Charley. The total eligible amount is $243,765.84. You may make as many requests as you need to up to the eligible amount. With each request you must provide documention (i.e. invoice numbers) in the amount that you are requesting. The amount you request will be taken out of the elible amount until you use all of it. If there is a balance remaining or if the actual costs end up being more than the eligible amount you will note a cost over-run or under-run on your request for final inspection after the completion of the project. A closeout PW will then be written to settle the difference as long as the costs are deemed eligible. Once you submit the RFR it should only take one to three days to be approved and payment I made. To expedite this process, simply send me an email once you have submitted the RFR. Once it has been approved, the payment can be made. Payment processing should take about 21 days and may be faster or slower depending on your payment method (EFT or Check). There are 7 steps to approving a payment. You will be able to check the status of your payment and see what step it is in by logging on to floridapa.org, signing in, selecting the correct disaster and clicking on the link called "payment listing." If your payment takes longer than 3 or 4 weeks to recieve, please feel free to contact our office to see if there is any reason why there would be a delay. Thank you again for your call. Let us know if there is anything else we can help you with. Aaron Harden State of Florida Division of Emergency Management Financial Specialist 407 -268-8899 5/10/2007 TENTATIVE AGENDA ITEMS \D. ~ 3) JUNE 4 (items due no later than Thur 5/24 to make agenda) 1) 2nd R, Ord #2007-0-11, Halstead Resources sm scale comp plan amend .63 acres w of 121 W. Marion Ave as Commercial (CPA-0701) pt R 517. Item 7F 2) 2nd R, Ord #2007-0-12, addition homestead exemption of up to $50,000.00 3) 1 st R, Ord #2007-0-, Washington Park rezoning 4) 1st R, Ord #2007-0-, Trey Harshaw rezoning of.46 acres located@ 1830 Orange Tree as RP (Residential Professional) (RZ-0702) 5) Tom Valley requesting preliminary plat approval for Edgewater Oaks (SD-0702) 6) Special Activity Permit Application - United Methodist Church - July 4th Celebration 7) Resolution #2007-R-_ adopting Map "A" for Smart Growth JUNE 9 - Saturday - Town Hall Meeting Workshop - 11:00 am till (open discussion re: current level of services being provided) JUNE 18 (items due Thur 6/07) 1) 2nd R, Ord #2007-0-, Washington Park rezoning 2) pt R, Ord #2007-0-_, Massey - rezoning (airport area) 3) 2nd R, Ord #2007 -0-, Trey Harshaw rezoning of.46 acres located @ 1830 Orange Tree as RP (Residential Professional) (RZ-0702) 4) 1 st R, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment) JULY 2 (items due Thur 6/21) 1) 2nd, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment) 2) 2nd R, Ord #2007-0-_, Massey - rezoning (airport area) 3) Award of Park Towne Road RFP (award has to be done by July 18th per RFP documents) JUL 16 move to July30 per Council JULY 27 - Fri. 9am to 5pm - Budget Work Session all funds JULY 30 (items due 7/19) 1) 2nd R, Ord # 2007-0-05, Peterson 19 scale comp plan amend as Low Density Residential with Conservation Overlay (CP A-060 1) 1 R 4/16 2) 2nd R, Ord # 2007-0-06, Peterson rezoning as RPUD (RZ-0601) 1 R 4/16 3) 2nd R, Ord # 2007-0-07, Stulllg scale comp plan amend as Low Density Residential with Conservation Overlay (CP A-0618) 1 R 4/16 4) 2nd R, Ord # 2007-0-08, Stull rezoning as R-3 (Single-Family Residential (RZ-0616) 1 R 4/16 AUG 6 (items due Thur 7/26) 1) 2nd R, Ord #2006-0-42, Lee/Indian River Crossing rezoning 96.24 acres s of 442 e of 1-95 as BPUD (RZ- 0618) cont from 2/5/07, 7J AUG 16 - Thur 5-10 pm - Budget Work Session all funds AUG 20 (items due Thur 8/09) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED 1) Massey - annexation (AN-~ 2) Water/Reclaimed Site -lg scale comp plan amend & rezoning 3) SeaGate - Edgewater Lakes Phase II PUD Agreement 1:\1 iz_ docs\outl ines\aiterns06040 7 Rev. 5/14/07 4) Restoration 442 DRI -- approx 5,000 acres 5) SeaGate - Edgewater Lakes, Phase IB & IC - amendment to PUD 6) Coastal Oaks - Haynes sm scale comp plan amend 7) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515) 8) Rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508) 9) Hickey Residential (RZ-0505) 10) 2nd R, Ord #2006-0-17, Carder/Falcon rezoning, (RZ-0519) .24::l:: acres s/w corner of Falcon Avenue & Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B 11) pI R, Ord. #2007-0-, 442 rezonings 12) Washington Park preliminary plat approval DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS 1) Subdivision Architectural Design Standards 2) US # 1 Corridor Guidelines 3) Capital Improvement Element 4) Recreation/Open Space Element 5) Capital Improvement Plan 1:\1 iz_ docs\outl ines\aitems060407 Rev. 5/14/07