06-18-2007 - Workshop/Regular
JOINT WORKSHOP
The Edgewater City Council will hold a Joint Workshop for with the Planning and Zoning
Board at 6:00 p.m. prior to the regular scheduled Council meeting to discuss the Evaluation and
Appraisal Report.
Voting Order
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
June 18,2007
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, INVOCATION
2. APPROVAL OF MINUTES
A. Regular Meeting of March 5,2007.
B. Regular Meeting of April 9,2007.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Mayor Thomas presenting Lynne Plaskett a plaque for her 21 (plus) years of service
with the City of Edgewater.
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
A. Event License Agreements - staff recommending approval and execution by the Mayor
of the Agreements to utilize vacant property at the comer of Lamont/N. Ridgewood
Avenue and within the Edgewater-New Smyrna Cemetery for parking during the July
4, 2007 fireworks display.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2007-0-11, Halstead Resources, Inc. requesting an amendment
to the Comprehensive Plan Future Land Use Map to include .63 i: acres ofland located
west of 121 W. Marion Avenue as Commercial (sm. scale compo plan amendment)
(cant. from 06118 item 7.E.).
City Council Agenda
June 18,2007
Page -2-
B. 2nd Reading, Ord. No. 2007-0-12, Trey Harshaw requesting an amendment to the
Official Zoning Map to include 0.459 ! acres located at 1830 Orange Tree Drive as RP
(Residential Professional) (rezoning).
8. BOARD APPOINTMENTS -
A. Citizen Code Enforcement Board - nomination by Councilwoman Rogers to fill a
vacant seat due to the resignation of Alvin Wiefling.
9. OTHER BUSINESS
A. Sale of ParkTowne Property - Purchase and Sale Agreement and Addendums
submitted by MGM Real Estate Group, Inc. for purchase of the 82 ! acres of City
owned property for $4.5 million and authorize the Mayor to execute all associated
contract and closing documents (item was continued/tabled during the May 21,
2007 Council meeting awaiting the environmental study).
B. Shuffleboard Court - Update/Report.
C. Goodwin Simon Victoria Research - Findings from Voter Research - (Telephone
Survey) - discussion regarding the results of the survey.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Tentative Agenda Items
II. CITIZEN COMMENTS
12. ADJOURN.
Note. All items for inclusion on the July 2, 2007, agenda must be received by the City Manager's
office no later than 12:00 pm, Thursdav, June 21, 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 1-800-955-877 I.
I:\liz_docs\agendas\06I 807reg
AGENDA REQUEST
f;v;-
PUBLIC
HEARING
Date: June 11, 2007
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
CONSENT
~
OTHER
BUSINESS
ITEM DESCRIPTION:
Agreement giving the City approval to utilize vacant property located at the corner of Lamont and North
Ridgewood Ave. and property located with the Edgewater-New Smyrna Cemetery for parking during the
July fireworks demonstration to occur on July 4,2007.
BACKGROUND:
As in previous years, the Fire-Rescue Association has located alternative parking areas that will
conveniently accommodate visitors for the July fireworks demonstration to occur on July 4, 2007. These
parking areas are the vacant lots located at the corner of Lamont and North Ridgewood Ave. and property
located with the Edgewater Cemetery. The owners of the properties have once again agreed to allow the
City of Edgewater to use the properties subject to the terms and conditions set forth in the attached
agreement.
STAFF RECOMMENDATION:
Staff recommends that the City Council give approval for the Mayor to execute the Event License
Agreements for the use of the above mentioned properties for parking during the July fireworks
demonstration to occur on July 4,2007.
ACTION REQUESTED
Motion to approve attached agreements and authorize the Mayor to execute.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
NO XX
DATE: N/A
AGENDA ITEM NO.
-~.
'". J,!'yCA,
Robin Matusick L
Parale I
r-r-'''
Jon Williams
Interim City Manager
CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING - 4TH OF JULY)
THIS CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of ,2007, by and
between the CITY OF EDGEW A TER ("City") and Edgewater-New Smyrna Cemetery,
whose owners address is 1210 John Anderson Drive, Ormond Beach, Florida 32176 ("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on
July 4,2007, within the City of Edgewater (the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcel of property being located within
the City of Edgewater in the 700 Block of South Ridgewood A venue (the "Property"); and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes
for the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property
by the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of
the covenants and benefits flowing between the parties as set forth herein below, the City and
Owner, each intending to be bound, hereby agree as follows:
1.
Recitals.
by reference.
Authority. Owner warrants and represents that it has fee simple title to the
Property and that Owner has full right, authority and capacity to execute this
License Agreement.
Grant of License: Term. Owner hereby grants to City a license for vehicles to
cross over and upon and park on the Property free of charge in connection with
the Event. The license granted herein may be utilized by the City and its invitees
attending the Event. The license shall be effective only on July 4,2007.
Insurance: Indemnification.In consideration of the granting of the license, the
City agrees to maintain adequate insurance coverage for the uses of the Property
as contemplated herein. In addition, to the extent permitted by law, the City
(Agreement/Event License Agreement - Heat 2 - 4th of July, 2007)
1
The above recitals are true and correct and are incorporated herein
2.
"
-'.
4.
5.
hereby agrees to indemnify and hold Owner harmless from and against all
personal injury or death, loss of or damage to personal property, loss, liability,
costs, claims, demands, damages, actions, causes of action, suits and expenses
arising out of, related to or caused by the City or its invitees in the exercise of any
of the City's rights hereunder.
Maintenance: Clean-up. The City hereby agrees to clear the Property of trash
and debris following the Event and otherwise to reasonably return the Property to
its condition prior to the Event.
The City, to the best of their ability, will prohibit parking on any burial grounds
where interments have taken place.
6.
IN WITNESS WHEREOF, the parties hereto have caused this City of
Edgewater Event License Agreement to be executed in their names as of the day and year first
written above.
WITNESSES:
OWNER: Edgewater-New Smyrna
Cemetery Inc.
Represenati ve
Dated:
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal AssistantlParalegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: City Attorney, Foley &
Lardner
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2007
(Agreement/Event License Agreement - Heat 2 - 4th of July, 2007)
2
CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING - 4TH OF JULY)
THIS CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of , 2007, by and
between the CITY OF EDGEWATER ("City") and NOW, INC., whose address is 115 North
Ridgewood Avenue, Edgewater, Florida 32132 ("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on
July 4,2007, within the City of Edgewater (the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcel of property being located within
the City of Edgewater at the corner of Lamont and North Ridgewood A venue (the "Property");
and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes
for the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property
by the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of
the covenants and benefits flowing between the parties as set forth herein below, the City and
Owner, each intending to be bound, hereby agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein
by reference.
2. Authority. Owner warrants and represents that it has fee simple title to the
Property and that Owner has full right, authority and capacity to execute this
License Agreement.
3. Grant of License: Term. Owner hereby grants to City a license for vehicles to
cross over and upon and park on the Property free of charge in connection with
the Event. The license granted herein may be utilized by the City and its invitees
attending the Event. The license shall be effective only on July 4,2007.
4. Insurance: Indemnification.In consideration of the granting of the license, the
City agrees to maintain adequate insurance coverage for the uses of the Property
(Agreement/Event License Agreement - Now - 4th of July, 2007)
1
5.
as contemplated herein. In addition, to the extent permitted by law, the City
hereby agrees to indemnify and hold Owner harmless from and against all
personal injury or death, loss of or damage to personal property, loss, liability,
costs, claims, demands, damages, actions, causes of action, suits and expenses
arising out of, related to or caused by the City or its invitees in the exercise of any
of the City's rights hereunder.
Maintenance: Clean-up. The City hereby agrees to clear the Property of trash
and debris following the Event and otherwise to reasonably return the Property to
its condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of
Edgewater Event License Agreement to be executed in their names as of the day and year first
written above.
WITNESSES:
OWNER: NOW, INC.
Mohammed M. Azam, Owner/President
Dated:
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: City Attorney, Foley &
Lardner
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2007
(Agreement/Event License Agreement - Now - 4th of July, 2007)
2
7/)
AGENDA REQUEST
Date: June 6. 2007
PUBLIC
HEARING June 18.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2007-0- I I
Halstead Resources Inc., requesting an amendment to
the Comprehensive Plan Future Land Use Map to
include .63:l: acres of land located west of 121 Marion
A venue as Commercial.
OWNER: Halstead Resources, Inc.
APPLICANT/AGENT: Halstead Resources, Inc.
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include property as Commercial
PROPOSED USE: Construction of an office/warehouse complex
LOCATION: West of 121 West Marion Avenue
AREA: .63:l: total acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial and Medium Density Residential
ZONING DISTRICT: B-3 (Highway Commercial)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Desicmatioll ZOllim! District
North Multi Family Residence Medium Density Residential R-4 (Single Family Residential)
East Multi Family Residence Commercial B-3 (Highway Commercial)
South Mobile Home Park Medium Density Residential MH 1 (Mobile Home Park)
West Commercial Industrial 1-2 (Heavy Industrial)
Background
This parcel has a total of 3:l: acres; however, a small portion of the property (.63:l: acres) has a Future Land Use
designation of Medium Density Residential. This designation is inconsistent with the remainder ofthe parcel; therefore
the applicant is requesting to amend the Future Land Use Map for consistency.
At their regular meeting of March 14, 2007 the Planning and Zoning Board voted 7-0 to send a favorable
recommendation to City Council for this request. City Council approved this request at first reading on May 7, 2007.
The proposed Future Land use Map amendment was sent to the Volusia Growth Management Commission (VGMC) on
April 1 I, 2007 for review and Certification. Certification from VGMC was received by the City for this amendment.
CPA-0701 - Halstead
Land Use Compatibility
The proposed use of office/warehouse is compatible with the surrounding area along Marion A venue.
Adequate Public Facilities
This site is served by the City's water and sewer service area and has direct roadway access to West Marion Avenue.
Natural Environment
There are no known environmental issues associated with this site.
Comprehensive Plan Consistency
This amendment shall bring the Future Land Use designation of this portion of the parcel into conformance with the
current Future Land Use on the majority of the property.
Other Matters
Prior to anyon-site development, the applicant will be required to obtain site plan approval.
STAFF RECOMMENDA nON
Staff recommends approving Ordinance No. 2007-0-11; amending the Comprehensive Plan Future Land Use Map to
include .63:1: acres of land located west of 121 Marion A venue as Commercial.
ACTION REOUESTED
Motion to approve Ordinance No. 2007-0-11.
PREVIOUS AGENDA ITEM:
YES
x
NO
DA TE: May 7, 2007
AGENDA ITEM NO.
7F
~~
Robin Matusick "-
Paralegal
//.~
~WilIiams
City Manager
CPA-0701 - Halstead
2
ORDINANCE NO. 2007-0-11
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 0.63:!: ACRES
LOCATED WEST OF 121 WEST MARION AVENUE,
EDGEW A TER, FLORIDA AND AMEND FROM CITY
MEDIUM DENSITY RESIDENTIAL TO CITY
COMMERCIAL; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Halstead Resources, Inc., owner/applicant of property located West of 121 West
Marion Avenue, within V olusia County, Florida. Subject property contains approximately 0.63 :!:
acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from City Medium
Density Residential to City Commercial for the property described herein.
2007-0-11
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Underlined passages are added.
3. On March 14, 2007, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. In a letter dated April 20, 2007 and Mayl7, 2007, the Legal Department notified the
owners by mail of the property and all property owners who own real property directly affected by
the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On May 7, 2007, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on June 4, 2007, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, May 24,2007.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNA TION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida,
and regulating and restricting the use of lands located within the City of Edgewater, Florida, shall
be amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Commercial for property described in the legal description contained in Exhibit "A" and
further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated
herein).
2007-0-11
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Underlined passages are added.
2
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.1.1 of the Future Land Use Element states "The City shall
maintain an adopted zoning matrix which shall establish zoning districts that correspond to specific
land use categories. The matrix shall further define allowable densities and intensities in each
zoning district."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
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
2007-0-11
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Underlined passages are added.
3
holding shall not affect its applicability to any other person, property, or circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion for approval by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on May 7, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
During the June 4, 2007 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilwoman Lichter to continue the second reading/public hearing until June 18,
2007; by a vote of 5-0, motion was approved to continue.
2007-0-11
Strnck t1uongh passages are deleted.
Underlined passages are added.
4
After Motion for approval by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 18th day of June, 2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Susan J. Wadsworth
City Clerk
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of June, 2007 under Agenda Item No.
7
2007-0-11
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Underlined passages are added.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of Lot 24, Mendell's Subdivision, as recorded in Map Book 3, Page 73, of the Public
Records of Vol usia County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Shangri-La Village, as recorded in Map Book 38, Page 104,
of the Public Records of Vol usia County, Florida; thence run S 63056'32" W along the South line
of said Shangri-La Village, a distance of274.84 feet for the Point of Beginning; thence S 28056'41"
E, a distance of 172.18 feet to the South line of said Lot 24; thence N 88043'28" W along said South
line, a distance of 317.66 feet; thence North 28056'41" W, a distance of 26.13 feet to the aforesaid
South line ofShangri-Law Village; thence N 63056'3" E along said South line, a distance of274.84
feet to the Point of Beginning.
Containing 0.63 i: acres more or less.
2007-0-11
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Underlined passages are added.
6
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70
AGENDA REQUEST
Date: June 6, 2007
PUBLIC
HEARING June 18, 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2007-0- I 2
Joe Hopkins, requesting an amendment to the Official
Zoning Map to include .459:1: acres of land located at
1830 Orange Tree Drive as RP (Residential
Professional).
OWNER: Christopher "Trey" and Sharon Harshaw
APPLICANT/AGENT: Joe Hopkins, P.E.
REQUESTED ACTION: Amend the Official Zoning Map to change property from R-2 (Single-Family
Residential) to RP (Residential Professional).
PROPOSED USE: Conversion of a single-family residence to a professional office
LOCATION: 1830 Orange Tree Drive
AREA: .459:1: acre
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-2 (Single Family Residential)
VOTING DISTRICT: 2
North
East
South
West
FLUM Desi nation
Low Densit Residential
Low Densi Residential
Low Densi Residential
Low Density Residential
Background
The subject property is an existing single-family residence on the northwest corner of Indian River Boulevard (SR 442)
and Orange Tree Drive. In addition to the request for rezoning, the applicant has also submitted applications for
variances and Conditional Use to allow a Professional Office in the RP (Residential Professional) zoning district as well
as a request for Site Plan review.
The Planning and Zoning Board voted 6-0 to approve this request at their regular meeting of May 9, 2007.
City Council voted to approve this request at first reading on June 4, 2007.
Adequate Public Facilities
This site is served by the City's water and sewer service area and has direct roadway access to Orange Tree Drive.
RZ-070 I - Harshaw
Natural Environment
There are no known environmental issues associated with this site.
Comprehensive Plan Consistency
The request is compatible with Policy 1.5.9 of the City of Edgewater Comprehensive Plan which states:
Due to the widening of S.R. 442 the City shall permit conversion of existing residential structures to professional office
uses only when the following conditions shall apply:
· The property is located on S.R. 442, east of Pinedale Road and west of US Highway I, and has a
minimum of I OO-feet frontage along S.R. 442.
· A Conditional Use Permit is applied for and granted by the Planning and Zoning Board.
· Adequate access and parking to redeveloped parcels is provided.
· Land Development Code standards for buffers and site visibility triangle can be provided to effectively
maintain the viability of adjacent residential uses.
· A site plan is approved by City staff.
Professional office uses permitted are restrictive and shall be designed to serve primarily the residents of the immediate
neighborhood.
The usage of these properties shall not be detrimental to, nor incompatible with the current nature of the area. Specific
guidelines and requirements for conversion of those properties are provided in the City of Edge water Land Development
Code.
Other Matters
The applicant must acquire site plan approval prior to the issuance of a development order or occupational license. Site
plan approval shall include, but not be limited to parking, landscaping and storm water retention. Redevelopment of this
property shall conform to the standards set forth in Article XVIII (Indian River Boulevard - S.R. 442 Corridor Design
Regulations) of the City of Edgewater Land Development Code.
STAFF RECOMMENDA nON
Staff recommends approving Ordinance No. 2007-0-12; amending the Official Zoning Map to include .485:1: acres of
land located at 1830 Orange Tree Drive as RP (Residential Professional)..
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-12.
PREVIOUS AGENDA ITEM:
YES
X
NO
DATE:
June 4. 2007
AGENDA ITEM NO.
7C
Respectfully Submitted By:
a~~/')~)<
Robin Matusick \..
Paralegal
RZ-070 I - Harshaw
2
ORDINANCE NO. 2007-0-12
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 0.459 :!: ACRES LOCATED AT 1830
ORANGE TREE DRIVE, EDGEW A TER, FLORIDA, FROM
CITY R-2 (SINGLE-FAMILY RESIDENTIAL) TO CITY RP
(RESIDENTIAL PROFESSIONAL); AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Christopher "Trey" and Sharon Harshaw, owner/applicant of property located at 1830
Orange Tree Drive, within V olusia County, Florida. Subject property contains approximately 0.459
:!: acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from City R-2 (Single Family Residential) to City RP (Residential Pofessional) for the
property described herein.
3. On May 9,2007, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 6 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 4, 2007, 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
May 25,2007.
5. On June 21, 2007, the City Council held a public hearing on the application after
Stl nck till ongh passages are deleted.
Underlined passages are added.
2007-0-12
publishing notice of such hearing in the Observer on June 7, 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. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. 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.
13. 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.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
StltlGk thlong!. passages are deleted.
Underlined passages are added.
2007-0-12
2
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 EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
R-2 (Single Family Residential) to City RP (Residential Professional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lot 1557 (less that apart in new right-of-way), Lots 1558, 1559 and 1560, Block 69,
Florida Shores No.3, according to map recorded in Map Book 23, Page 83, Public
Records of V olusia County, Florida.
Containing 0.459 i: acres more or less.
Map of subject property is reflected on Exhibit" A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, 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
StltlGk th.otlgh passages are deleted.
Underlined passages are added.
2007-0-12
3
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.
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 June 4, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
StItlck t1uotlgh passages are deleted.
Underlined passages are added.
2007-0-12
4
After Motion to approve by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of June, 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
Stll1cI,. till otlgh 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 meeting held on this 18th day
of June, 2007 under Agenda Item No. 7_.
5
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AGENDA REQUEST
Date: May 29.2007
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
June 18,2007
CONSENT
ITEM DESCRIPTION:
Appointment of a Board member to the Citizen Code Enforcement Board appointment.
BACKGROUND:
Due to the resignation of Alvin Wiefling, the Edgewater Citizen Code Enforcement Board has an
open position. Recently, Ed Corn and Jean Kayat were not reappointed and have expressed
interest in serving another term and their letters of interest are attached. Membership of the
Edgewater Citizen Code Enforcement Board ccnsists of seven (7) members appointed by
Council for 3-year terms.
ST AFF RECOMMENDATION:
Staff recommends the City Council fill the vacancy on the Board.
ACTION REQUESTED:
Motion to appoint a member to the Edgewater Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
NA
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO.:
April 6, 2007
RECEIVED
APRI ~ 2007
CITY MANAGER
04-11-07Al0:19 RCVD
To: Edgewater City Council
From: Ed Com
Since my term as a member of the Edgewater Cod~ 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 Com
r '. Apr.20, 2007 2:45PM ADVAN ED MACHINING INC
No,4000 P, 1/1
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POST OFFICE BOX 1 OO-EDGEWATER.. FLORIDA 32132-01 00'
APPLIcATION FOR APPOINTMENT .~' CITY
, BOAlmS OR, COMMITi'EES,
, J~,'
NAME ' 'Id; Ui/1fJ j3~1/~' 6)/1 GIIEi: '
'. ~",
AnDRESS '~9,c;~ tiivl1Y fREE ,: f)tf
HOME PHONE ,ij' ~ 7 ~ 1./07
05-11-07A09:35 RCVD'
" BUSINESS PHONE
'pcCUPATION ,
. Are you a resident,
, ,
Is your principal 'place of 'employment ih 8dgew~ter?
. if y~s how long?
Bri,efly state your interest in serving on a 'City board or
. . . .
....L!Kbttil/;!1I1*;:g~~1faEST Lt! C(7YGojle~tVh~Hr
OF
, Are, yciu a registered voter?
iE5
" ,Are yOu errtployedby thE! City?.t!!Z...DO you 'hol<i,p~blicofiice?tVO
.At the present t;ime~ dQ, you: serve on any other Boards, or coinmitte~:s?
, NO ' If so, list ec3.ch: ' .
(BQAED AND COMMITTEE MEMBERS MAY BE, F.EQUlREJ) TO FILE, WITH THE STATE,
FINANc::IAL pISCL<:>S~ 'FO~:-EACH UAR) , . .. .
. ,'. PLEASE INDICATE BOARDS OR COMMITTEES YOU
,WoULD LIKE TO SERVE' ON .AND' RANK THEM ACCoRPINC3. TO caOICE BY NUMBER
:'
, SIGNATURE
SEE REVERSE SIDE
_GENERAL EMPLOYEES PENSIoR B.OARD
, "..:.;--LIBl\ARY 'BOARD '
~RECREATION &' CULTURAL SERVicES
_____PLANNING & ZONING BOARD '
~POLICE PENSION ~OARD
_____VETE~S.PARK ADV. COMMITTEE
~ANIMAL 'CONTRO~ BOARD
~CITIZEN'CODE E~FORCEMENT BOARD
~CONSTRUCTION REGULATibN BOARD
, ,
. . . .
_____ECONOMI~ DEVELOPMENT BOARD
~FIREFIGHTERS 'PENSIONBOA~D
'DATE: S- /0"'0'7
(2-10-03)
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEZfIrt1..iif{ltfLaRIDA' 32132-0100
-'- . .r/12:0'l1
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME (2./-1 R f<. L E' .s
I). C f< f) r-1f" .lJ
ADDRESS I 7 J q IJ I G T () it Y ,0 >>LtrJ 1':J12-.
HOME PHONE J! Q,3 . g~ 7 .3 BUSINESS PHONE (; 9 0-- ~ L/ CJ 9
.~
OCCIJPATION_..$-'1 L. ~'5 In A W KJ 6- JS'YL
Are you a resident of Edgewater y.t; 9 How long h 111"~ I
Is your
"
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Have you'0,.evei\.seiV
If so, li~t ea6p:~~
NO
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or
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(BOARD, AGENCY AND COMMI1TEE MEMBERS MAY BE~REQUlRED TO FILE WITH
THE STATE, FINANCIAL' DISCLbsURE.tlE;QRMs'k~CH . YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
_____ANIMAL CONTROL BOARD
~CiTIZEN CODE ENFORCEMENT BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____CONSTRUCTION REGULATION BOARD
_____PLANNING & ZONING BOARD
;l~POLICE PENSION BOARD
_____ECONOMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD
SIGNATURE ~L..J.4. /I, (ljt&~
.. SEE REVERSE SIDE FOR LISTING OF BOARDS,
_____VETERANS PARK ADV. COMMITTEE
DATE: 7 ~ - (,)';).
AGENCIES AND COMMITTEES.. (REV 1-02)
;2~/d-()J~~~
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Name m ctr-i'€..- l. t>o-.r l.s
Address \503 ~()tol ?~\VY\D'\';\)e.. - ~~*,LL.:.<-'---\-e~-) ~l 3:.l1"3,~
Home Phone ?, <6"(, - '+ ~ 6-- /J S If q Business Phone ,1''0/ \4-
Occupation ~~+: II-e.\ ~ P(~' f:t-e v eA 10 LA irS?
Are you a registered voter? ~ e.g Voting District
Are you a resident of Edgewater? ~e ~
Is your principal place of employment in Edgewater?
How long? 4 ~vo 8vnOi\~S
1\ )\A-
If yes how long? ~ A
Briefly state your interest in serving on a City board or committee: I'v e~\...C4.~ 10 e.eiJ\ \r-: t€v-(" -e,-\-ed 'VI V'f'l.~
Q.ommWrv\.~ 0-'<\6... ~"-~ ir~"\-~....e.l ~ 0.... ~o~ c.t..'\~ L0ClV\.-\- ~ l<ee.~ a.c.:t-\ve ~.l M-Ci..0 J::. ,
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State your experience/qualifications u'V>i-kela.s Q V\ A~\')'\. Ptss-,l3-a.\1\.-\- ~ \, CL {>A 9+a+p '0Q':;~:. -\cd ~C>"-
ClR~c..'O)l..-9-.'l v-s \>~~Ii'e ~\.l.e\f\~Qo.Q~\r~-e... 'to\., "'-V-S:v\'c;'~:S:::CCYI-\~V\\..LEd..-l..0()irkt\1..q ',,,,-
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Are you employed by the City? -----blLDo you hold public office? Dc.
At the present time, do you serve on any other Boards or committees?
If so. list each: :r 'WI ''"let- l", (A,r €...- " ~ t..{ 01.0 r~ \r Q o,~e/! l< l \10 ,.,.,,\ 0 V\ Lv. C' ~\.-(~ ~()(..Lr-cl 'S} bL0T
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Have )::ou ever served on any boards or committees? Y f'S - "'\ '-'n- Ii e 2, e ~- tJ ect 0 S Q. '1\.1'11 C'Y\ H--eS'iJ e.,^--\-
C>~ ~~S~\'f)E ~o"- to iJt'Cl\[( Q,V\J.. aiM <:\~\r"-e.\-\-\\~ <:~ \)et2+.o~ \==1.- ,f:\I;--Ec\. 0c.o~-d~\1C\.-\6i-
Ifso. list each: \= O\j- ~ e f\~" \>\r-.("G '^ kt"c~ [1'.\ f< ,c\ E' it'S .r", ',- 't--h 'V_ ?",t:st LI ~r',) u-.;: +- 0('l\r~eV\..-\-\. <{ .
and.. se.vev-a..,\ ~ <Q.(;- b~ ~; c -e ~ () ~ ~ AM. 2f- e,\. A u..?<. bo-th 1) 1 s+-. l. nJ.. lc<.c.Ll . 6
(BOARD AND COMMIITEE 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
__ANIMAL CONTROL BOARD
-LCITIZEN CODE ENFORCEMENT BOARD
__CONSTRUCTION REGULATION BOARD
__ECONOMIC DEVELOPMENT BOARD
__FIREFIGHTERS PENSION BOARD
Signature 'n1 IV !11'Q... ~(} I~A\..I
(REVISED (2-1O~4) .
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV, COMMIITEE
Date ~-::s - ;1 '7 - 6/
,~-
Iffie_//?/c ~ ./6~/<<z/Vy
Idress--20 d 9' ~./'7 '?U/J7 /7/?/PL--
,me Phone J/d" 7j"/7 BusinessilhoIle J/SI-3d, Jd
4/12;2007 12:49 H'l n")H: Fa:,
A PPLlCA TJON FOR APPOINTMENT TO
CITY 80ARDS AND COMMI'fTEES
TO: 4242409
PAGE: 002 OF 002
cupation
e you a registered voter? #. 5" Voting District W Y
Wr
e you aresident of Edgewater? //:".J How long?
(our principal place of employment in Edgew<lrer? --k~
9/~J
'e8 how long?
tf )/;> f
cOy stAte your interest in serving on a City board or committee:
:d/1/1ILA//r .z;:vi/&i//7/A/~ ./ ///JV~,/ib~~/Hd./i?.r1/L)-~'~ ...
. , &p~L'SJ' /.,v .cV#"
te your experience/qualifications / //;"'! //2- J?..cft/ f/J/~~"A.! ~/?5
O~.t~.P hi//.;./jl ..0'E ~#c:"/, W/.)// LY,t//fJ':#Ef(,..L d".-%.:;r> &4}/Ar
:t:V,tr:-UV~~~J-&A//J,# /'J.f5P'~'-' - A'-;;- ~~c.v'~;::-;;p. y ,'17-::1 ~""/I)r' ~i-- ",~ViM4:-:.",A/ CL./A
~ you employed by the Cily? .A/ It Do YOII hold public office?--L1Ld
the present time, do you serve on any other Boards or committees? .M If
0, list each:
<Ie you ever 5eIVed on MY bollTds or committees? p /J
0, list each:
lARD AND COMMlllEE MEMBERS MAYBE REQUIRED TO FILE WITI{ THE STA. TE.
~ANCIAL DlSCLOSUI{E FORMS EACH YEAR)
EASE INDICATE THE nOARDS OR COMMIITEES YOU WOULD UKE TO SERVE ON
D RANK THEM A.CCOIUJING TO CHOICE BY NUMBER
,ANIMAL CONTROL BOARD ..};.. _GENERAL EMPLOYEES PENSION BOARD
,CITIZEN CODE ENFORCEMENT BOARD 1. LIBRARY BOARD
.CONSTRUCTION REGULA nON BOARD _RECREA TJON & cur.. TURAL SER VJCES
ECONOMIC DEVELOPMENT BOARD PLANNING Be ZONING BOARD
FIREFJGI1IERS PENSION BOARD _POLICE PENSiON BOARD
_VETERANS PARK ADV. COMMITTEE
~~~,,6 ,,;;~
Date J/d~tf'~ 7
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME--...0- C?r.("\ c i 5 (,0 ~. '\); a.. '"1- TI 1 ~
"Po 13:01< "1..:1"3 fJew S~4rY'c....) PI "3?-'-,0
ADDRESS r3-z.~ T,~"eI e~S '?~Iy>\. arl Gd..c::Jeu/a '((?r, f I
Are you a resident of Edgewater Y (' ":>
long r7 I.( eocs
Is your principal place of employment in Edgewater? ;J 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: ~ oKer a....
HOME PHONE 4"L)-tX" BUSINESS
PHONE 3~6 - <64b - jlj. / b
OCCUPATION
~ckvt e-
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Stateyourexperience/qualifications '20DI Ma.;-1Ic.v'ld P-iS"" :{cioa / Cr~~Jctr!J "n'iSC.-C
J11C<JoI';A~ '1/1 (Dyl-1f,)-6ers;,"~/1(.e (Z..y1d. t:V\~r~'cio'" kc.L..I"',)o"Sl(/ /Vl.eJrlll~er
'\/0 lv-s,c.. ~JV1t:Lf De~~ r a. -(:l(... b'fCCu b \Ie (t>\M1'Y1 j -tc-~e..
Are you a registered voter? '1-t?':::;
Are you employed by the City? rJ 0 Do you hold public office? ~ D
At the present time, do you serve on any other Boards, Agencies, or committees? Y&<; If so, list
each: ,0<0 (VS; Q UeJ4" oc- (~~A::)c bee. vb v ( (i>,-Yl ~ l-tceo('
AA
8f
Have you ever served on any boards, agencies, or committees? NOlf 50, 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
LFIRE:FIGHTERS PENSION BOARD
J ~GENERAL EMPLOYEES PENSION BOARD
'Z-L1BRARY BOARD
.t.RECREA TION & CULTURAL SERVICES
.2..PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
b VETERANS PARK ADV. COMMITTs.j..1. I _#
- ,)..-II/OY--/dy.- ~~~
Message
Page 1 of2
9/+
I
R Matusick
From: James Rose [JamesRose@RiceRoseLaw.com] .
Sent: Monday, May 21, 2007 1 :20 PM
To: R Matusick; J Williams; cansay@doranlaw.com
Subject: FW: Document (26).PDF City of Edgewater Contract
RECEIVED
MAY 2 1 2007
FYI, response from Atty Sweet. Jim
-----Original Message-----
From: Penny Every [mailto:jcspenny@bellsouth.net]
Sent: Monday, May 21,2007 1:14 PM
To: James Rose
Subject: Re: Document (26).PDF City of Edgewater Contract
CITY ATTORNEY
. Jim:
It will be 2 weeks before my client completes his wetland study. Weare unable to agree to a firm
purchase price until we know the number of upland vs. wetland acres. We will keep you advised.
Thanks. Jeff.
----- Original Message -----
From: JamesBQ~~
To: 'James Rose' ; 'Penny Every'
Cc: JWilliams@cityofedgewater.org ; Rmatusick@cityofedgewater.org
Sent: Monday, May 21, 2007 11: 1 0 AM
Subject: RE: Document (26).PDF City of Edgewater Contract
Ms. Every, the city council is meeting tomorrow. If possible, please respond to the counter
offer so the council can be be advised of your client's position in this matter. Thank you, Jim
Rose
-----Original Message-----
From: James Rose [mailto:JamesRose@RiceRoseLaw.com]
Sent: Wednesday, May 16, 20079:34 AM
To: 'Penny Every'
Cc: IJWUljgms@cH:YQfegg~wateI,Qrgl;'Rmaty.sick@cityQfedgewater,Q(g'
Subject: RE: Document (26).PDF City of Edgewater Contract
o
--- ,._------'--~-_._----------_._----_._-_.-
5/21/2007
Message
Page 2 of2
!
Jeff, sorry for the delay. The city has now authorized me to make the following counter
offer in regard to the proffered Contract for Sale and Purchase:
1. Escrow and closing agent changed to Rice & Rose, who will provide the title work.
2. The road and bridge work must be substantially competed within 210 days of
closing, completely done within an additional 30 days. If the road and bridge are not
finished within the time allotted, it would constitute a default under the mortgage held by
the City.
3. The Buyer shall be responsible for the costs involved with the mortgage (intangible
tax, documentary stamps on mortgage, etc.) The Seller would be responsible for the
documentary stamps on the deed and the cost of the Owner's Title Insurance policy.
4. The Contract cannot be assigned without the consent of the City.
5. The price will be $5,107, 266.00 ($60,000.00 per each acre). The City will grant
the Buyer $770,000.00 as road credits as of May 31, 2007. This brings the net price
per acre to $51,026.00.
6. The City will not place monies in escrow for Seller modifications.
7. The Buyer would allow the Edgewater Power Boat Company the right to purchase
10 acres of the land for a period of 90 days after closing for the same price per acre.
Please confer with your client about the proposed revisions and advise me of their
response.
James L. Rose, Esquire
Rice & Rose, P.A.
~,-rjce~9_~~tc;!~g9m
222 Seabreeze Boulevard, Daytona Beach FL 32118 (386) 257-1222
50 Leanni Way, Suite C1, Palm Coast FL 32137 (386) 445-9007
102 South Riverside Drive, New Smyrna Beach FL 32168 (386) 426-6463
CONFIDENTIAL NOTICE I AVISO DE CONFIDENCIALlDAD
THIS E-MAIL (INCLUDING ANY ATTACHMENTS) IS INTENDED ONLY FOR THE RECIPIENT(S) NAMED ABOVE. IT MAY CONTAIN CONFIDENTIAL OR
PRIVILEGED INFORMA liON AND SHOULD NOT BE READ, COPIED OR OTHERWISE USED BY ANY OTHER PERSON. IF YOU ARE NOT A NAMED RECIPIENT,
PLEASE CONTACT THE SENDER AND DELETE THE E-MAIL FROM YOUR SYSTEM.
ESTE MENSAJE, (INCLUYENDO CUALQUIER ANEXO) EST A DIRIGIDO UNICAMENTE A LOS DESTINA TARIOS ARRIBA SENALADOS. PUEDE CONTENER
INFORMACION CONFIDENCIAL 0 PRIVILEGIADA Y NO DEBE SER LEIDO, COPIADO 0 DE OTRA FORMA UTILlZADO POR CUALQUIER OTRA PERSONA. SI
USTED RECIBE ESTA COMUNICACIClN POR ERROR, FAVOR AVISAR AL REMITENTE Y ELlMINAR EL MENSAJE DE SU SISTEMA.
-----Original Message-----
From: Penny Every [mailto:jcspenny@bellsouth.net]
Sent: Tuesday, May 15,20072:54 PM
To: JamesRose@RiceRoseLaw.com
Subject: Document (26).PDF City of Edgewater Contract
Document (26).PDF
5/2112007
fl,p
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., Edgewa ter, Florida
5' Legal Description:All 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:
~ 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.
CC-2 @ 1997 Florida Association of REALTORs@ All Rights Reserved 'ii!"!fi;.~. (] ~
This contract is for use by Lori Zoch. Use by any other party is illegal and voids the contract. Y~lfiJ;m "AUO" :::'~.'::''::;:
3f~ 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" conunercial / industrial
38'
39'
40'
41
42'
43
44
45
46
47
48
49' .
50
51
52
53
54
55
56
57"
58'
59'
60
61'
62
63'
64'
65
66
=r
(a) Evidence of Title: will, at (check one) 18 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.
(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.
(c) Survey: (check applicable provisions below)
181 Seller will, within ~ 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.
181 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.
(d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
(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 181 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 encumb!"ances.
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. (~~~
~.lmf~
82' Buy~ L-J and Seller L..J L..J acknowledge receipt of a copy of this page, which is page 2 of 5 Pages.
83' (e) Taxes, Assessments, and Prorations: The following items will be made current and prorated ~ as of Closing Date
84' 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.
9r 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' l1!l (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; flood 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 andhdld 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~~
~,l1L~~
140' Buy~ ) L-J and Seller L-J L-J 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
who is 0 an agent of 0 a transaction broker 0 a nonrepresentative
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
cooperating broker 0 other (specify)
179"
180'
181"
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' Kl 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). ,",r:: '~~.~., " _ .
iIc!1:JB!I'_~1! -
/ftO'BiJ'ffli
195' Buyerfu ) L-J and Seller L-) L-J acknowledge receipt of a copy of this page, which is page 4 of 5 Pages.
'T'ni A ~nnt-.r..~t-. i A fnr llAP hv Tonri 7.n~n. HAP hv ..nv nt-.npr n..rt-.v i Ai" PO..' ..nn vni nA t-.np ~nnt-.r..~t-._
196 14. Or.TIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract):
19'7' 0 Arbitration 0 Seller Warranty 0 Existing Mortgage
198' 0 Section 1031 Exchange 0 Coastal Construction Control Line ~ Other See Addendwn
199' 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other
200' 0 Seller Representations 0 Seller Financing 0 Other
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.
"8' ~~SIT R~EIPT: D~osit of $
219' f1 { 100- I ,
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 and receW~~1 deposits. ~
224' Date:.4lprl I ?lJ ?iJlZu~ ~ ~
225' Title: ~ ;:' ::&tD~D~+
226' Address:
Tax ID No:
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 10 No:
The Ci ty of Edgewa tar, Florida
233'
234"
Title:
Address:
Telephone:
Facsimile:
235" Date;.
SELLER:
Tax ID No:
236"
237'
Title:
Address:
Telephone:
Facsimile:
238' BU~.J L-) and Seller L-) 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 ~~
'mJ1lMI~
This contract is for use by Lori Zoch. Use by any other party is illegal and voids the contract.
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LfGAl DE SCRIP nON:
PARCEL A;
A PARCEL OF L"ND L 'fING IN SECTlONS 29. 32. 50. 51 "NO 52. TO~SHIP 17 SOUni, RANGE 3~ EAST
AND BEING .A PART Of" niE LAND DESCRIBED IN omCIAL RECORDS BOOK 4920. PAGE 30~1 AND
AU. OF niE PARCELS OF LAND DESCRIBED IN omCIAL RECORDS BOOKS (5268. PAC( 2995). (517"
PAGE 922). (5058, PAGE ~39), (5221. PAC( 1290). (2907, PACE 676), (~'2. PAGE 356'). (2641, PAGE
605). (2450. PACE 123). (4565. P"CE 0037). (5176, PACE 3266), (1877, PAGE 2006). (2796, P..CE no).
(2300, PAGE 1740), (3970, PACE 415-4). (.....58, PAGE ~1~3), (1248, PAGE 425), (3931, PAGE: 4691) AND
(2657. PAGE ~2~) AU. Of" niE PUBUC RECORDS or VOLUSIA COUNTY, flORIDA, SAiD PARCEL or
LAND BEING DESCRIBED AS FOUOWS:
COUMENCINC AT A CONCREl'E MONUMENT STAMPED 'PLS 2027" LOCATED AT niE SOUnio.t:ST
CORNER Of" SECTION ~9. TO~SHIP 17 SOUTH. RANCE 3~ EAST (niE 5nlo4O\JR PICl(ETT GRANT):
niENCE N.71'36'J8"E.. ALONG niE SOUni UNE OF SAID SECTION ~9, A DISTANCE or 955.05
rEET TO niE NORni'M:ST CORNER 'OF PARCEL C AS DESCRIBED IN ]'}iE AFORESAID omOAL
RECORDS BOOl< 4920. PACE 3041 "NO SAID POiNT BEING niE NORniv.t:ST CORNER OF niE
AFORESAID SECTlON 29 AND niE POINT OF BEGINNING OF THE PARCEL OF LAND HERON
DESCRIBED; THENCE S.0117'19"[.. ALONG niE o.t:ST UNE OF SAID PARCEL C AND niE 'M:ST
UNE OF SAID SECTION 29. A DISTANCE OF 1006.56 Ft:ET TO THE NORniEAST CORNER OF THE
PARCEl OF LAND DESCRIBED IN SAID DlmCIAl RECORDS BOOK 393,. PAC( 4691; THENCE ALONG
niE BOUNDARIES OF SAID PARCEl.. niE FCUO'MNG niREE COURSES AND DISTANCES' niENCE
S.86.~2.~1.W.. 50.09 FEET: niENCE S.01'7"9"E., 93.28 FEET: THENCE N.86'~2'~'"E..
SO.09 FEET TO A POINT L 'fING ON THE AFORESAID ~ST UNE OF SA'D PARCEL C AND niE 'M:ST
UNE Of SAID SECTION 29: niENCE 5.01' 7'19"E.. AlONG SAID UNE, , nO.52 FEET TO niE
SOUni'M:ST CORNER 0, SAID P"RCEL C AND SECTlON 29 AND S,tJD POINT L'fING ON THE NORni
UNE Of" LOT 34 OF niE PLAT OF ASSESSORS SUBDIVISION Of" G. ALV"REZ GRANT IN SECTlON 52,
TO~SHIP 17 SOU]'}i. RANGE ~ EAST AS RECORDED IN l.lAP BOOKS 3. PAGE 137 AND 22, PAGE 2~
or niE PUBUC RECORDS or VOlUSlA COUNTY. FLORIDA: THENCE ALONG THE BOUNDARIES OF
SAID PLAT AND SAID SECTION 52. niE FOUOWlNG TWO COURSeS AND DISTANCES: niENCE
S.74'9'J6'W., 637.<< FEET; niENCE S.13'42'05"E.. '825.12 rrrT TO niE NORni'M:ST
CORNER OF THE AFORESAID SECTlON 32: niENCE S.D6'2'~1"E.. AlONG THE. 'M:ST UNE OF
SAID SECTlON 32, A DISTANCE OF 776.37 Ft:ET TO A POINT L'r1NG ON THE NORTH RIGHT Of WAY
UNE OF THE flORIDA EAST COAST RAlLWAY RIGHT OF WAY (EOCEW"TER CUTOI'FXA 150 FOOT
'MDE RIGHT OF WAY): T1-1ENCE ALONG S..IO RIGHT OF W"Y UNE, niE FOUOWlNG TWO COURSES
AND DISTANCES: niENCE N.67'52"I"E., 3138.1' FEO TO THE POINT Of" CURVATlJRE OF ..
CIRCULAR CURVE. CONCAVE NORniERLY AND HAVING A R.oIUS 0, 1357.69' FEET; niENCE
EASTERL Y. AlONG niE ARC OF SAID CURVE, niROUGH A CENTRAl ANGlE OF 22'05'35". 523.52
Ft:ET TO THE SOUTHv.t:ST CORNER OF THE PARCEl OF LAND DESCRIBED IN DlmOAL RECORDS
BOOll 3825, PAGE 0283 OF THE PUBLIC RECORDS OF VOlUSlA COUNTY. 'LORIO A: niENCE ALONG
THE BOUNDARIES Of" SAIO PARCEL OF LAND OESCRIBE'D IN S,tJO DlmClAL RECORDS BOOl< 3825,
PACE 0283, niE FOLLO~NG EIGHT COURSCS AND OISTANa:S; niENCE N.28'9'12"W., ~.35
FEET; THENCE N.27'03'23"W.. 90.09 FEET; THENCE N.25'56':l9"W.. 2,0.92 mT; THENCE
N.2~'J9'33'W.. ~l\~.06 FEET; THENCE N.2~'~'3e~w., 3~."" FEET: THENCE N.52'20'34"E..
574.63 FEET: THENCE N.22'06'19"W., '80.03 FEET; niENCE N.eT15'~1"E.. 332.17 FEET TO A
POINT L'fING ON THE 'M:STERLY RIGHT Of" WAY UNE Of" THE 'LORIOA EAST COAST R"ILWAY
RIGHT OF WAY; T1-1ENCE "LONG SAID RIGHT OF W" Y UNE, niE FOU.O'MNG niREE COURSES AND
DISTANCES: niENCE N.22'OS'29'W., 243.08 FcrT; .THENCE N.67~'J1"E., JIl.OO rrrT;
niENCE N.22~'29"W., 3389.68 mT TO niE INTERSECTlON 'MTH THE SOUni UNE OF SECTlON
49. TOII'lSHIP 17 SOUTH, RANGE 34 EAST. (THE SEYl.lOUR PICKETT GRANT) AND SAID UNE BEING
niE SOVni RIGHT OF WAY LINE Of" TENT1-1 STREET; niENCE S.71';)6'38"1O'.. ALONG SAlO LINE,
745.94 Ft:O TO A CORNER Of" PARCEL A AS DESCRIBED IN DlmCI"L RECOROS BOOI< 4920, PAGE
3041 OF T1-1E pueuc RECORDS Of" VOLUSlA COUNTY, FLORIDA; niENCE ALONG THE BOUNDARIES
OF SAID PARCEL A. niE rOlLOWlNG SEVEN COURSES AND DisTANa:S: THENCE S.23'8'58"E...
194.01 FEET: THENCE N.66'~1'0~"E.. 80.00 FEET: niENCE S.23'8'$6"e:.. JUS.54 rrrT:
niENCE S.67'7'32"W.. 939.5~ mT: niENCE N.23'9'3,"W.. 3198.50 Ft:ET: THENCE
N.56'40'29"E.. 60.00 FEET: niENCE N.23'9'31'W.. 198.30 FEET TO"'A.POINi L'fING ON niE
AFOREMENTIONED SOUni LINE or SECTION 49 AND THE SOUni RIGHT Of' I",'Y UNE OF TENTH
STREET; T1-1ENCE S.71'J5'311"W.. AlONG SAID UNE 901.26 FEET TO niE POINT 6F BEGINNING
CONTAINING 323.10 ACRES l.lORE OR LESS.
TOCE niER ~ T>i:
PARCEl B:
A PARCEL OF LAND BEiNG PARCEL B "s DESCRIBED IN cfl10Al RECORDS BOOK ~920. PAG(30~1
OF" niE PUBLIC RECORDS Of" VOLUSlA COUNN, FLORIOA. DESCRIBED AS roU.ows:
BEGINNING AT THE INTERSECTION OF T1-1E EAST LINE OF LOT ~2 AS SHOWN ON niE PLAT Of'
ASSESSOR'S SUBDlVlSlON OF G. ALVAREZ GRANT SECTION 52 - T17S. - R.3~. AS RECORDE'D IN
"'AP BOOKS 3. PAGE 137 "NO 22, PAGE 24 Of" SAID PUBLIC RECORDS OF VOlUSI" COUNTY, flORIDA
WITH THE SOUni RIGHT OF WAY UNE OF niE flORIDA EAST COAST RAILWAY RIGHT OF WAY:
niENCE ALONG THE BOUNDARIES Of" SAID PARCEL B "5 DESCRIBED IN SAID omOAl RECORDS
BOOK 4920, PAGE 3041. AlL THE FOLLOWING COURSES ANO DISTANa:S: niENa: ALONG SAID
RIGHT OF" WAY LINE, niE FOU.O....NG TWO COURSES AND DISTANCES; Tl'iENCE N.67~2'11"E..'
276.30 Ft:ET TO niE POINT Of" CURVATlJRE Of" A CIRCULAR CURVE. CONCAVE NORniERLY AND
HAVING A RADIUS OF 1507.69 FEET: niENCE EASTERLY, AlONG THE ARC Of" SAlD CURVE.
niROUGH A CENTRAL ANGLE OF 10'01'37", 263.85 FEET; THENCE s.22"4"2"E.. ,21.65 FEET
TO A POINT L 'fING ON THE NORTH RIGHT Of WAY LINE Of PARK AVENUE; THENCE
S.67'OO'~"w., ALONG SAID RIGHT OF W"Y UNE, 539.01 FEET: niENa: N.22.....'40.W.. lDe.68
mT TO THE POINT Of" BEGINNING. "
CONTAINING 1.32 ACRES MORE OR LESS.
'.
ALSO TOGETHER 'MTH:
PARCEL C:
A P"RCEL OF LAND BEING.. PART Of" LOT 42 AS SHOWN ON niE PLAT OF ASSESSOR'S SUBOIVlSlON
Of G. AlVAREZ GRANT, SECTlON 52. TO~SHIP 17 SOUTH, RANGE 3~ :EAST AS RECORDED IN l.lAP
BOOKS 3, PAGE 137 AND 22, PAGE 2~ OF niE PUBUC RECORDS Of" VOLIlSIA COUNTY. FLORIDA
DESCRIBED AS Fou.OWS: . ".
COl.lMENCING AT niE INTERSECTION OF niE EAST LINE OF 5,1,'0 LOT ~2 Wlni niE SOUTH RIGHTaOf" WAY LINE OF" T1-1E 'LORIDA EAST COAST RAILWAY RIGHT Of" WAY (EOCEw"TUl CUTOI'F):
THENCE S.67'52'l'"W., ALONG SAID RIGHT Of" WAY UNE, 23~:l. 79 FEET. TO niE NORTHEAST
CORNER OF THAT PORTION 01' DALE STREET, (A 50.00 rOOT 'MDE EASEMENT AS DESCRIBED IN
OFTlCIAL RECOROS BOOI< 2436, P"GE 1 018 Of" THE PUBUC RECORDS Of" VOLUSlA COUNTY.
flORIDA) L YlNG SOUni OF SAID RAILWAY RIGHT Of" WAY AND SAlO POCN)' BEiNG niE POCNT Of"
BEGINNING Of" niE PARCEL Of" L"ND HEREIN DESCRIBED: THENCE CONTlNUE ALONC T1-1E
BOUNDARIES OF" SAID EASEMENT, niE FOLLOWING FOUR COURSES AND DISTANCES:
niENCE CONTINUE S.67'S2'I'"W.. ALONG SAID RIGHT or WAY UNf. 60.00 FEET: THENCE
S.21'29''''"E.. '~5.05 ,EET TO A POINT L'fING ON niE NORTHERLY RIGHT OF WAY LINE OF
PARK AVENUE: niENCE N.67'00"3"E.. ALONG S"lQ RIGHT OF WAY UNE, 60.02 rrrT: niENCE
N.21'29'''''"W.. 14-4.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.20 "CRES "'ORE OR LESS.
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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. SurveyIPurchase 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 of two 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 ofthe 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
(3)
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 V olusia 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.
lfthe 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 Apri130, 2007. If not 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.
:!P
(SELLER)
The City of Edgewater, Florida, a Municipal corporation
By:
(BUYER)
MGM Real Estate Group, Inc., a Florida corporation
A-pn I ~ 7vv7
B~~ ~_
1\~ ~'> D4J-
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,
")
'.)YJ ~
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 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 of Edgewater, Florida, a Municipal corporation
By:
(BUYER)
MGM ~ Group, Inc., a Florida corporation
~B~~!?~
y: -
-
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.!.
. .
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'"~
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....." . c"
'8l1re Se{'l~
C/o
City of Edgewater
Leisure Services Dept.
P.O. Box 100 Edgewater, Fl. 32132-0100
(386) 424-2485 Fax (386) 424-2416
RECEIVED
JUN 0 (} Z007
June 6, 2007
CITY MANAGER
To; Jon Williams/City Manager
From; Jack Corder/Director of Leisure Services
Subject; Shuffleboard Facilities
Per City Council request I am providing you with a monthly update on the progress of
Shuffleboard Facilities.
· On May 30,2007 I received a phone call from the Public Assistance Coordinator
for the State Division of Emergency Management for Volusia County. He stated
that he had received the plans for the facilities, has reviewed them and was
forwarding them to the Tallahassee office for final review and hopefully
approval. He will came me updated if any other information is required.
~c
RECEIVED
JUN U {J 2007
CITY MANAGER
MEMORANDUM
June 3,2007
TO:
CITY OF EDGEWATER, FLORIDA
FROM:
AMY SIMON
Goodwin Simon Victoria Research
RE:
Findings from Voter Research
INTRODUCTION AND METHODOLOGY
The City of Edgewater commissioned a telephone study of Edgewater registered
voters to assess the feasibility of passing a bond measure to improve city public
facilities and to measure public sentiment about having a height limit on certain
types of new construction in Edgewater. The survey consisted of 350 interviews
among registered voters, with a margin of error of plus or minus 5.2% at a 95%
confidence level. The margin of error for subgroups of the sample is larger than for
the overall sample. In questions with more than one item, items were asked in a
randomized order to prevent order bias from having an impact on responses.
OVERVIEW
The 35-foot Height Limit Exceptions
The survey results show that six in ten respondents (61 %) favor the current 35-foot
height limit on all new buildings in Edgewater. This proportion is actually higher
than the 51 percent who supported the height-limit measure on the ballot in
November 2006. However, the results suggest voters are willing to consider
exceptions to this restriction, in particular when informed that the exception would
not apply to residential buildings or hotels. Findings illustrating these points
include the following:
.
GSV Research
May 2007
City of Edgewater, Florida
Voter Survey Findings
Page 2
Findings
· While six in ten support the height limit, respondents are divided when asked if
they currently support the November 2006 measure that would have exempted
"commercial, public, semi-public, or industrial buildings from this limit" - 47
percent in favor to 46 percent opposed. At the time of the November 2006
election, the measure was defeated, 60 percent to 40 percent. Thus it appears that
fewer voters oppose this exception currently than did so six months ago _
suggesting a different understanding of the issue now than at the time of the last
election.
· When explained that the 35-foot height limit exception would apply to buildings
designated for government, retail, or industrial use, but would NOT apply to
residential buildings such as condominiums or hotels, support rises further to 52
percent - with support now outnumbering opposition (44%) by eight points.
· Respondents are most amenable to an exception for public buildings, meaning
government-owned and operated property such as a library, City Hall, or a
water plant. Sixty-two percent (62%) favor this exception, while a lower 46
percent support one for industrial buildings and 45 percent for commercial
buildings.
· Support for a measure proposing an exception in all three areas (commercial,
government, and industrial) grows further after respondents heard a few
messages on its behalf. Support outnumbers opposition by 17 points, 58 percent
in favor and 41 percent opposed. This finding shows that voters are supportive
of height limit exceptions when they understand the benefits and parameters.
· The messages on behalf of the height-limit exceptions measure included: 1) a
strict 35-foot height limit with no exceptions will keep jobs and stores out of
Edgewater that local people want to have here 2) that allowing a limited number
of taller commercial or industrial buildings will increase tax revenue for the City
to reduce the burden on homeowners, and 3) that the sponsors of the 35-foot
limit on the ballot last year said their goal was to prevent tall condos and hotels,
and they did not intend to have the 35-foot height limit apply to all retail,
government, or industrial buildings with no exceptions. Over a majority of
respondents say each message would make them more likely to vote "yes" on
the measure.
#
..
GSV Research
May 2007
City of Edgewater, Florida
Voter Survey Findings
Page 3
Findings
The New Municipal Complex
The survey also investigated support for building a new municipal complex that
would house City Hall, the police and fire departments, and a new emergency
operations center, all in one location. The findings show solid support for such a
complex, but a low threshold for how much the respondents are willing to pay for it.
· Nearly seven in ten (69%) respondents say they favor building the municipal
complex. When asked about the components of the complex individually, the
highest proportions support building a new police headquarters (65%) and a
new City Hall (59%). An only slightly lower 54 percent support building a new
fire department headquarters.
· However, support for the new municipal complex falls substantially when told it
would require a $16 million dollar bond, with opposition outnumbering support
46 percent to 33 percent. When the bond amount drops to $12 million, support
rises slightly to 40 percent. At $9 million, support nears a majority (48%).
· Hearing the assessment on individual property owners undermines support for
the municipal complex measure even more. Just 27 percent say they will support
the bond if it results in a tax increase of $150 per year for each $100,000 of
assessed value. Support rises slightly to 34 percent when the assessment drops
to $110. At $65, the measure receives 50 percent of the vote.
· Despite having heard the possible funding amounts, respondents react favorably
to statements on behalf of the new municipal complex. Seventy-two percent
(72%) say they would be more likely to support building the complex after
hearing that Edgewater currently has no emergency operations center. Seven in
ten (70%) give this response after hearing that the new complex is needed to keep
up with the very large growth in Edgewater. Sixty-two percent (62%) say they
would be more likely to favor the complex after hearing that City Hall would be
moved to a new location, freeing the current land for a better public use.
· Support for both the height-limit exceptions and the municipal complex
measure are impacted by opinions toward local government. Respondents give
the Edgewater City Council a generally positive review, with 48 percent having a
favorable impression and 28 percent an unfavorable one. Ratings for the job
being done by the fire department (73% positive) and police department (64%)
are strong, while ratings for management of the City's growth (33% positive) and
finances (24 %), as well as overall performance of the City (36%), are far weaker.
TENTATIVE AGENDA ITEMS
JULY 2 (items due Thur 6/21)
1) pI R, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
2) 151 R, Ord #2007-0-_, Massey - rezoning (airport area)
3) Award of Park Towne Road RFP (award has to be done by July 181h per RFP documents)
JUL 16 move to July30 per Council
JUL Y 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 (CPA-0601) 1 R 4/16
2) 2nd R, Ord # 2007-0-06, Peterson rezoning as RPUD (RZ-060 1) 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) I R 4/16
4) 2nd R, Ord # 2007-0-08, Stull rezoning as R-3 (Single-Family Residential (RZ-0616) 1 R 4/16
5) pI R, Ord #2007-0-, Washington Park rezoning
6) 2nd, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
7) 2nd R, Ord #2007-0-_, Massey - rezoning (airport area)
8) Shuffleboard Court Report/Update
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)
1) 2nd R, Ord #2007-0-, Washington Park rezoning
2) Shuffleboard Court Report/Update
SEPT 2 Mtg - LABOR DAY - Reschedule
SEPT 17 (items due Thurs 09/06)
1) Shuffleboard Court Report/Update
OCT 1 (items due Thurs 09/20)
OCT 15 (items due Thurs 10/04)
1) Shuffleboard Court Report/Update
NOV 5 (items due Thurs 10/25)
NOV 19 (items due Thurs 11/08)
DEC 3 (items due Thurs 11/22)
DEC 17 (items due Thurs 12/06)
JAN 7 (items due Thurs 12/27)
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Rev. 6/07/07
JAN 21 (items due Thurs 01/10)
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED
1) Massey - annexation (AN-~
2) Water/Reclaimed Site - 19 scale comp plan amend & rezoning
3) SeaGate - Edgewater Lakes Phase II PUD Agreement
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) .24:1:: acres s/w comer of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B
11) 151 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
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