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08-13-2007 V oting Order Councilwoman Rhodes Councilwoman Lichter Mayor Thomas Councilwoman Rogers Councilman Vincenzi AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING August 13, 2007 7:00 P.M. COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROV AL OF MINUTES - None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three "3" minutes or less. 5. CITY COUNCIL REPORTS 6. CONSENT AGENDA - A. Law Enforcement - Manatee Conservation Grant - approve application for $5,703.16 in grant funds which may be used for on-the-water law enforcement efforts. Examples of appropriate usage of funds are for overtime salaries for on-water law enforcement officers, boats, GPS units, fuel for boats, laser radar guns, and tough notebook type computers for tracking citations, etc. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. #2007-0-05, Sid Peterson requesting an amendment to the Comprehensive Plan Future Land Use Map to include 79.182: acres of land located south of the Taylor Road and Glencoe Road intersection as Low Density Residential with Conservation Overlay (lg. scale compo plan amendment) (I s! reading 04/1612007, item 7C) cont from 07/30/2007. B. 2nd Reading, Ord. #2007-0-06, Sid Peterson requesting an amendment to the Official Zoning Map to include 79.182: acres of land located south of the Taylor Road and Glencoe Road intersection as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement for Villas at the Lakes (rezoning) (P! reading 04/1612007, item 7D) cont from 07/30/2007. C. 2nd Reading, Ord. #2007-0-07, Glenn Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include 20.282: acres ofland located south of Two Oaks Drive and north of27!h Street as Low Density Residential with Conservation Overlay (lg. scale compo plan amendment) (IS! reading 04/16/2007, item 7E) contfrom 07/30/2007. D. 2nd Reading, Ord. #2007-0-08, Glenn Storch requesting an amendment to the Official Zoning Map to include 20.282: acres ofland located south of Two Oaks Drive and north of27!h Street as R-3 (Single-Family Residential) (IS! reading 04/16/2007, item 7F) contfrom 07/30/2007. City Council Agenda August 13, 2007 Page -2- E. pI Reading, Ord. #2007-0-14, proposing an Amendment to the Charter of the City of Edgewater providing for exceptions to the prohibition against new building heights in excess of 35 feet. F. Resolution #2007-R-09, Supporting DBCC in its application for a Bachelor of Science degree in Education. G. Resolution #2007-0-10, approving a $1,500,000.00 Line of Credit with Bank of America and authorizing execution of associated documents. 8. BOARD APPOINTMENTS - A. Citizen Code Enforcement Board - nomination by Councilman Vincenzi to fill the remaining term of Gene Mirabella due to resignation (expires OS/21/2010). 9. OTHER BUSINESS - A. Award of Bids and Contracts for Construction of Base Leg Drive and Rowan Way - approval of Notice to A ward Bids from March 2007 and authorize Mayor or City Manager to execute associated contracts with Progressive Contractors for Rowan Way (Driveway "A") in the amount of $367,865.00 and with Halifax Paving, Inc. for Base Leg Drive in the amount of $1,347,556.35. B. Award Contracts for Continuing Engineering Services - award contracts with five (5) engineering firms resulting from the May 2007 requests for proposal and authorize the City Manager to execute the associated agreements and authorize Quentin Hampton to act at the City Engineer. C. A ward Contract for Agent of Record relating to Employee Benefit Broker Services - pursuant to the Request for Qualifications for an Agent of Record and recommendation of the Review Committee to award contract with Brown and Brown Insurance and authorize the Mayor or City Manager to execute the agreement. D. Approval to Purchase 2 Eastern Shores Lots - approval for the purchase of these 2 lots will improve the Eastern Shores Stormwater Project and authorized the Mayor and City Manager to executed the appropriate closing documents. E. Vision/Strategic Plan - discussion from Council regarding the creation of a Visioning Committee. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Tentative Agenda Items 11. CITIZEN COMMENTS 12. ADJOURN. Note. All items for inclusion on the August 20,2007, agenda must be received by the City Manager's office no later than 12:00 pm, Thursdav, August 9, 2007. Pur.,uant to Chapter 286. F.S., ilan individual decides to appeal any decision made with re!pect to any mailer considered at a meeting or hearing, that individual will need o record of the proceedmgs and will need to ensure that a verbatim record of the proceedmgs IS made. The CIty doe.' not prepare or provide sucli record. . In accordance with the Americans with Disabilities Act, RUstms needing assistance to participate in any of these proceedings should contact City Clerk Susan Wad,worth ~?1!tOn!9'j'!!#~HT/ve. Edgewater. F/oT/da, telephone number 386--12-1-2-100 xlIOr, 5 days prior 10 the meeting date. {f you are hearing or voice impaired, contact the relay operator 1:\Jiz _ docs\agcndas\OR1307reg AGENDA REQUEST Date: July 30, 2007 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT X BUSINESS ITEM DESCRIPTION: The Police Chief is seeking Council's permission to apply for the "Manatee Conservation Fund Grant" in the amount of $5,703.16 to cover the costs associated with overtime, gasoline and continuing education to the public regarding manatee safety on the water. BACKGROUND: The Volusia County Environmental Management Division is requesting grant proposals funded from the Manatee Conservation Fund (MCF), to the City of Edgewater in the amount of $5,703.16. The money comes from the Manatee Protection Program that is collected from dock permits. These grant funds may only be used for on -the -water law enforcement efforts. The Edgewater Police Department believes that an increased presence of on- the -water speed zone enforcement is one of the most effective means to improve overall adult manatee survival rates. The monies from this grant would ease the burden to the City for cost associated with on -the- water law enforcement including overtime, gasoline and in educating the public in reducing the number of watercraft- human- related manatee deaths through increased enforcement in idle and minimum wake zones. STAFF RECOMMENDATION: Permission to apply for the Manatee Conservation Fund Grant for fiscal year 2007 -2008 in the amount of $5,703.16. ACTION REOUESTED: Motion to approve application for the Manatee Conservation Fund Grant. FINANCIAL IMPACT: (FINANCE DIRECTOR) SPECIFY IF BUDGET AMENDMENT IS REQUIRED PREVIOUS AGENDA ITEM: DATE: Re pectfully submitted, Gc John Taves, PWice Chief YES NO X AGENDA ITEM NO. Robin Matusick AnWilliams City Manager A p- p 0 ►.� C Sr p m, i y m yy ' ea 0 p Qr fD C. O f n A Oq 0 rA IQ va ¢• ..• o ° r, � O i ft A R aW � ^ iJ iJ 'fl , r y ° 4 1 G, C r. O 1"r o m o 5 c ara o O ft W-*, CL P CL m Zb, -s a. o. f W r�y N�7C �z m n y b 0 M r C C17 a z y �m .. aor `m iii i r D 2C tIf r 0 N rn D 3 a z a N O Z I' o 4. a m ►s c a � O A A O D o C 0 -s IQ va ¢• ..• o ° 2C tIf r 0 N rn D 3 a z a N O Z I' o 4. a m ►s c a � O A A O D o C 0 -s .� AD QM C ►+i m QQ .i A� C �'''� J fD IQ CL w w QfQ 0 CL A UQ C� ••� eD _, <• v� CL 23. fmt — A+ U A D Lb A '! m e"! D Z m k ro' N V 'o cn `°a . ... < <o efl m O .. -s O eD rD ... -t n v: C_• A; �. ■i �t t IWD rOn �� `O .� O ft fl' A' ." 1 C7 ,-3 A7 O. A QQ a' �1' G 7 m .�-► A7 ci. CD CD ra a ^* c ° Q' °— y ° �' �'• :0 �—] aA :0 Po � o = "acs -s ° a. � �m CD � o. ...ty,�° ?'o ...�,� ?•� o ° � .rte ^' ?? CL ft ft eD A _G th m = ego a. p' O ft a' arc �' t�D _ '� � ? '� CA eD O ... eD -► eD r'i � Vi �Q :�. 1,�, fD r�r ►•►+ W CA ft ft 0 0 o o o CL eb o Cr* °• m e=D rl eb "'3 O eeDD G eD ' * fD ? fA S. 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C v' '�, ►rJ O QOQ• A A � ^ C d O 5' .� O rn' O eaD :T ri y ^! .O oo � et -°s C C -* D o C eD Z A* A tS M C. iZ A7 v n v� �• A �, -t o C n V1 C�7 O ? "CS O y_ Er .O.i C o ¢ v� m v, eD WOO C' Q1 .3'Y. "= W to "�S CD ry' A'+ eD ° C. a eD eD t f A a fD rA AD QTQ QQ C. M O O ? �•* ;; to B ft 7 .. O Q ° eo CD ° c �• A efl p �C� fl., rD C�`e O eD c < 1=J to ft ft In n o A O a. ° m ..• �' p• y -s .r m m '..� AGENDA REQUEST Date: July 6, 2007 PUBLIC HEARING August 13, 2007 RESOLUTION BOARD APPOINTMENT _ CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2007-0 -05 OWNER: Hanson & McCallister, Inc. APPLICANT /AGENT: Sid C. Peterson, Jr. ORDINANCE X OTHER BUSINESS Sid C. Peterson, Jr., requesting an amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential with Conservation Overlay. REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential with Conservation Overlay. PROPOSED USE: Single and Multi- family residential LOCATION: South of the Taylor Road and Glencoe Road intersection. AREA: 79.18± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County — Rural ZONING DISTRICT: Volusia County — A-2 (Rural Transitional) VOTING DISTRICT: 1 SURROUNDING AREA: CPA -0601 - Peterson Current Land Use FLUM Designation Zoning District North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural Family Residential Agriculture), RA (Rural and Commercial Agriculture) East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural Family Residential City Public-Semi-Public with Agriculture) and City P /S-P Conservation Overlay (Public /Semi-Public) South Vacant Volusia County — Rural and Volusia County — A-2 (Rural Environmental Systems Transitional), RC (Resource Corridor Corridor) West Vacant Volusia County — Rural and Volusia County — A-2 (Rural Environmental Systems Transitional), FR (Forestry Corridor, Low Impact Urban Resource) and RC (Resource and Forestry Resource Corridor) CPA -0601 - Peterson Background This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the recently annexed Snowden property and City owned property to the south. The property is compact and contiguous to the existing City limits. At their regular meeting of November 8, 2006 the Planning and Zoning Board voted to send a favorable recommendation to City Council for this request with the condition, based on staffs recommendation that the property be designated as Low Density Residential with Conservation Overlay in lieu of the requested Medium Density Residential. Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site has access via an easement to South Glencoe Road. This property has access to a 10-inch water main and a 10-inch force main for wastewater purposes. Any extension and/or upgrade of public facilities shall be the responsibility of the developer. Natural Environment An Environmental Analysis shall be required and approved by the City prior to any on-site development. Comprehensive Plan Consistency Volusia County Rural - Rural (R) - Areas which are a mixture of agriculture and low density residential development. The density shall be determined as follows. Vacant parcels or tracts of land in the vicinity to existing subdivisions (exempt or approved under Volusia County Ordinance 72-2 or 83-3, as amended, at the time of the effective date of this Comprehensive Plan) with lot sizes from 1 unit per acre to 1 unit per 5 acres or is immediately adjacent to an urban category to allow for a transition between the urban uses and large lot development (greater than 5 acre lot sizes) may be developed with similar lot sizes but not less than one acre. Only that portion of a parcel(s) that is within 660 feet from the above described existing exempt or approved subdivision or urban category boundary is considered "in the vicinity." Note: If a parcel that is "in the vicinity" is covered by more than 50% of the 660 feet extension, then the remaining portion of that parcel which is 10 acres or less is eligible for increased density. Although the adjacency to the conditions described above allows for the potential of subdivisions with lots less than 5 acres in size, the actual lot size will be dependent upon the following: Compatibility of the proposed development will be viewed within the context of existing uses, public facility capacity in the area, suitability for wells and septic tank usage, and the natural features of the parcel in question, such as soils, vegetation, and floodplain. Vacant parcels or tracts of land that do not meet the preceding criteria or are in areas which have not been previously platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5 acres or greater. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. There are three subcategories of the rural designation that address past development decisions. These subcategories are Rural Community, Rural Recreational, and Rural Village. They are identified on the CPA -0601 - Peterson 2 Special Rural Areas Map Series. These areas of intense or potentially intense development provide the mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily found in remote rural areas thus reducing the number of trips out of these rural areas. Also allowing some limited urban type of development may help promote economic growth in the rural areas as well. City of Edgewater Low Density Residential - (1.1 to 4 units per acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. City of Edgewater Conservation Overlay - The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils /wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100-year floodplain, and other areas subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and /or intensity will be applicable. Other Matters Preliminary Plat approval must be obtained prior to any on -site construction. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2007-0-05; amending the Comprehensive Plan Future Land Use Map to include 79.18 acres of land located south of the Taylor Road and Glencoe Road intersection as Low Density Residential with Conservation Overlay. ACTION REQUESTED Motion to approve Ordinance No. 2007-0-05. PREVIOUS AGENDA ITEM: DATE: 4-16-07 Respectfully Submitted By: Development CPA -0601 - Peterson Director YES X NO AGENDA ITEM NO. 7C Robin Matusick on C. Williams Paralegal City Manager ORDINANCE NO. 2007 -0 -05 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY COMPRISING 79.18+ ACRES LOCATED SOUTH THE TAYLOR ROAD AND GLENCOE ROAD INTERSECTION, EDGEWATER, FLORIDA AS LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY; 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 TRANSPORTATION 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, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and /or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F. S. and Rule 9J -11, F.A.C. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, #2007 -0 -05 Struek flrotTh passages are deleted. Underlined passages are added. 1 held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005), on Wednesday, November 8, 2006, on the proposed Plan Amendment and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003 Comprehensive Plan; and WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER , FLORIDA: PART A. AMENDMENT. 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 Low Density Residential with Conservation Overlay for property described in Exhibits "A" and "B ". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2005). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2005). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. #2007 -0 -05 passages are deleted. Underlined passages are added. 2 (2005). The required advertisement shall be no less than two columns wide by TEN inches (10 ") long in a standard -size or tabloid -size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2007 -0 -05 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY COMPRISING 79.18+ ACRES LOCATED SOUTH OF THE TAYLOR ROAD AND GLENCOE ROAD INTERSECTION, EDGEWATER, FLORIDA AS LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY; 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 TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR #2007 -0 -05 'Strttek t1rough passages are deleted. Underlined passages are added. 3 CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on April 16, 2007 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B') The advertisement shall contain a geographical - location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2005). PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2003 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall be held within 120 days of the Department of Community Affairs having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team, and all other items specified to be #2007 -0 -05 Struck t1rough passages are deleted. Underlined passages are added. 4 transmitted in accordance with Rule 9J- 11.006, F.A.C. The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J- 11.006, F.A.C. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Department of Community Affairs. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) & Rule 9J- 11.011 (3), F.A.C. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption; and either the Department of Community Affairs entering a final order finding this Comprehensive Plan Amendment in compliance, or the Administration Commission entering a final order finding that this Comprehensive Plan Amendment has been brought into compliance and certification of consistency #2007 -0 -05 Straek through passages are deleted. Underlined passages are added. 5 from the Volusia Growth Management Commission. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. ADOPTION. After Motion to approve by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on the first reading of this ordinance held on April 16, 2007 is as follows: AYE NAY Mayor Mike Thomas X Councilman Debra J. Rogers X Councilman Dennis A. Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X This matter was scheduled to be heard during the July 16, 2007 Council meeting however, this meeting was rescheduled to July 30, 2007. The appropriate notices /legal advertisements were placed. During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second reading /public hearing until August 13, 2007 by Councilman Vincenzi with Second by Councilwoman Rogers, Motion approved 4 -0 (Councilwoman Rhodes absent). #2007 -0 -05 Struek threngh passages are deleted. Underlined passages are added. 6 During the August 13, 2007 Council meeting a Motion to approve was made by with Second by of this ordinance is as follows: AYE Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter the vote on the second reading PASSED AND DULY ADOPTED this 13th day of August, 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 #2007 -0 -05 passages are deleted. Underlined passages are added. 7 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of August, 2007 under Agenda Item No. 7 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. U. S. Lot 1, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34 East, Volusia County, Florida being described as follows: For a Point of Beginning, commence at the northeast corner of said Section 6, said point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00 °21'00" West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast corner of said U. S. Lot 7; thence South 88 °53'49" West, along the south line of said U. S. Lot 7, a distance of 50.01 feet; thence North 18 °34'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with an iron rod; thence North 53 °37'44" West, a distance of 727.93 feet; thence North 73 °08'10" East, a distance of 47.17 feet; thence North 61 ° 18'40" East, a distance of 1000.00 feet; thence North 28 °41'20" West, a distance of 500.00 feet; thence South 61'18'40" West, a distance of 1000.00 feet; thence South 28 °41'20" East, a distance of 448.92 feet; thence South 73'08'10" West, a distance of 73.33 feet; thence North 28 °47'43" West, a distance of 574.76 feet to a 4" x 4" concrete monument with an iron rod; thence North 00 °49'43" East, a distance of 1002.14 feet to the north line of said Section 6; thence North 88 °55'28" East, along said north line of Section 6, a distance of 1700.30 feet to the Point of Beginning. and The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36, Township 17 South, Range 33 East, lying South of the existing County Road (exact South R/W to be established by Volusia County Engineering Department by construction of paved road). Containing 79.18 + acres more or less. Map of subject property is reflected on Exhibit "B" and incorporated herein. #2007 -0 -05 Passages are deleted. Underlined passages are added. Q) 1. am r�i M 4) H O CL O a � C w O m C F`- O m r C C- C 'r G CL to p� m V c N 3 m J 3 JJ�CiC� M E J C P io �LZ 0y c ULL �2 =a�H NOD OM A«. �N aciC a L) 'c J i M 4) H O CL O a 0) C H .X W w .N a C m r C C- C E 3 m J � 3 'Q Q c �2 NOD OM E a L) 'c J i J V H O ui. m c L 0 �a (D A m� E =EcZ` E ` m A' .a372 oLuU. r--03a' 0) C H .X W AGENDA REQUEST Date: July 26, 2007 PUBLIC HEARING August 13, 2007 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2007-0-06 OWNER: Hanson & McCallister, Inc. APPLICANT /AGENT Sid C. Peterson, Jr. ORDINANCE X OTHER BUSINESS Sid C. Peterson, Jr., requesting an amendment to the Official Zoning Map to include property as RPUD (Residential Planned Unit Development) as well as approval of the associated RPUD Agreement. REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement. PROPOSED USE: Single and Multi- family residential LOCATION: South of the Taylor Road and Glencoe Road intersection. AREA: 79.18± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County — Rural ZONING DISTRICT: Volusia County — A-2 (Rural Transitional) VOTING DISTRICT: 1 SURROUNDING AREA: RZ -0601 - Peterson Current Land Use FLUM Designation Zoning District North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural Family Residential Agriculture), RA (Rural and Commercial Agriculture) East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural Family Residential City Public-Semi-Public with Agriculture) and City P /S-P Conservation Overlay (Public /Semi-Public) South Vacant Volusia County — Rural and Volusia County — A-2 (Rural Environmental Systems Transitional), RC (Resource Corridor Corridor) West Vacant Volusia County — Rural and Volusia County — A -2 (Rural Environmental Systems Transitional), FR (Forestry Corridor, Low Impact Urban Resource) and RC (Resource and Forestry Resource Corridor) RZ -0601 - Peterson Background This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the recently annexed Snowden property and City owned property to the south. The property is compact and contiguous to the existing City limits. The applicant is proposing a development to include 55-single family lots with a minimum size of 75' x 120' and 176-condominium units. The project shall have a minimum of 25% open space to include pedestrian walks, lakes and tree preservation areas. At the November 8, 2006 Planning and Zoning Board meeting the Board voted to send a favorable recommendation to City Council with the condition that the Agreement be modified to have a front setback of 35-feet (for single-family residences) and a variety of sizes for single-family and townhouses are available. Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site has access to Taylor Road. Water is available via an FPL easement and installation of a force main. Wastewater is currently unavailable at this time. Natural Environment An Environmental Analysis shall be required and approved by the City prior to any on-site development. Comprehensive Plan Consistency The zoning designation requested is compatible with the proposed Future Land Use amendment. Other Matters Preliminary plat and site plan approval shall be required prior to any on-site development of the property. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2007-0-06; amending the Official Zoning Map to include 79.18 acres of land located south of the Taylor Road and Glencoe Road intersection as RPUD (Residential Planned Unit Development and approval of the associated RPUD Agreement with the condition that the Agreement be modified to have a front setback of 35 -feet for single-family residential. ACTION REQUESTED Motion to approve Ordinance No. 2007-0-06 with the condition that the Agreement be modified to have a front setback of 35-feet for single-family residential. PREVIOUS AGENDA ITEM: DATE: 4-16-07 Respectfully Submitted By: AA / 11 k7 Da en Lear Development Services Director RZ -0601 - Peterson YES X NO AGENDA ITEM NO. 7D Robin Matusick Paralegal 0- n C. Williams ty Manager ORDINANCE NO. 2007-0-06 AN ORDINANCE REZONING A PARCEL OF APPROXIMATELY 79.18 ACRES LOCATED SOUTH OF THE TAYLOR ROAD AND GLENCOE ROAD INTERSECTION, EDGEWATER, FLORIDA; FROM COUNTY A -2 (RURAL TRANSITIONAL) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT); AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE VILLAS AT THE LAKES SUBDIVISION PLANNED UNIT DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; 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. Sid C. Peterson, Jr., Esquire, agent/applicant on behalf of Hanson & McCallister, Inc., owners of property located South of the Taylor Road and Glencoe Road, Edgewater, Florida. Subject property contains approximately 79.18 acres more or less. 2. The owner /applicant has submitted an application for a change in zoning classification from County A -2 (Rural Transitional) to City RPUD (Residential Planned Unit Development) for the property described herein. 3. On November 8, 2006, 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 April 16, 2007, the City Council considered on first reading /public hearing the Struck through passages are deleted. Underlined passages are added. 2007 -0 -06 1 proposed change in the zoning classification after publication of such hearing in the Observer on Saturday, April 7, 2007. 5. On July 30, 2007, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on Thursday, July 19, 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 Strom passages are deleted. Underlined passages are added. 2007 -0 -06 2 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. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County A -2 (Rural Transitional) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for the Villas at the Lakes Subdivision (attached hereto and incorporated as Exhibit "B ") The following described real property all lying and being in the County of Volusia and State of Florida. U. S. Lot 1, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34 East, Volusia County, Florida being described as follows: For a Point of Beginning, commence at the northeast corner of said Section 6, said point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00 °21'00" West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast corner of said U. S. Lot 7; thence South 88 °53'49" West, along the south line of said U. S. Lot 7, a distance of 50.01 feet; thence North 18 °34'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with an iron rod; thence North 539744" West, a distance of 727.93 feet; thence North 73 °08'10" East, a distance of 47.17 feet; thence North 61 °18'40" East, a distance of 1000.00 feet; thence North 28 °41'20" West, a distance of 500.00 feet; thence South 61 °18'40" West, a distance of 1000.00 feet; thence South 28 °41'20" East, a distance of 448.92 feet; thence South 73 °08'10" West, a distance of 73.33 feet; thence North 28 °47'43" West, a distance of 574.76 feet to a 4" x 4" concrete monument with an iron rod; thence North 00 °49'43" East, a distance of 1002.14 feet to the north line of said Section 6; thence North 88 °55'28" East, along said north line of Section 6, a distance of 1700.30 feet to the Point of Beginning. Strack through passages are deleted. Underlined passages are added. 2007 -0 -06 3 and The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36, Township 17 South, Range 33 East, lying South of the existing County Road (exact South R/W to be established by Volusia County Engineering Department by construction of paved road). Containing 79.18 + 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 EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for Struck thiough passages are deleted. Underlined passages are added. 2007 -0 -06 4 recording into the public records of Volusia 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 Councilwoman Rogers, the vote on the first reading of this ordinance held on April 16, 2007, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X This matter was scheduled to be heard during the July 16, 2007 Council meeting however, this meeting was rescheduled to July 30, 2007. The appropriate notices /legal advertisements were placed. During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second reading /public hearing until August 13, 2007 by Councilwoman Rogers with Second by Councilwoman Lichter, Motion approved 4 -0 (Councilwoman Rhodes absent). passages are deleted. Underlined passages are added. 2007 -0 -06 5 After Motion to approve by and Second by , the vote on the second reading /public hearing of this ordinance was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 13`h day of August, 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 Shah passages are deleted. Underlined passages are added. 2007 -0 -06 6 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA C Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13`h day of August, 2007 under Agenda Item No. 7_ eL O OF71- THIS INSTRUMENT PREPARED BY: Paul Rosenthal, Esquire Foley & Lardner, LLP 111 N. Orange Avenue, Suite 1800 Orlando FL 32801 -2386 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater FL 32132 -0100 For Recording Purposes Only PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT VILLAS AT THE LAKES THIS AGREEMENT is made and entered into this day of day of , 2007 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City ") and SID PETERSON, JR., applicant whose address is P.O. Box 428, New Smyrna Beach, Florida 32170, (herein after referred to as "Developer). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 79.18± acres located south of Glencoe Road and Taylor Road in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The record owner of the subject property is HANSON & McCALLISTER, INC., a Florida Corporation. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Villas at the Lakes, as defined by the Master Plan, dated September 8, 2006 (Exhibit "B" included herein), within one (1) year of required permit approval for this project, or within eighteen (18) months of the effective date of this Agreement, whichever is greater. Developer's failure to initiate construction within one (1) year may result in the City's termination of the Agreement. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan Villas at the lakes 1 and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code. The Developer further agrees that all development will be consistent with the Villas at the Lakes Master Plan dated September 8, 2006 (Exhibit "B "). The Villas at the Lakes shall be developed consistent with the City's single- family and multi - family development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: A. Average Lot Size /Unit Count The development of the parcels shall be consistent with the uses prescribed for each area within the proposed RPUD. The location of said land use areas are shown on the Master Plan Exhibit `B ", which location and size may vary in order to maximize the preservation of specimen trees and wetland areas on the property. The following land uses shall be allowed as permitted principle uses and structures along with their customary accessory uses and structures: • Condominium /multi - family • Single- family detached residential Villas at the Lakes shall not exceed a total of 232 residential dwelling units. The 55 single- family lots are planned to be 75'x 120' or greater. The 176 condominium /multi - family units shall be a minimum of 1,000 square feet of livable area. Based on Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for the Villas at the Lakes shall not exceed 3.7 dwelling units per net acreage or a total of 232 units. The developer hereby reserves the right to plat all lots as single- family with a minimum lot size of 75' x 120' in lieu of the 176 condominium /multi- family units. No lot will exceed a maximum building coverage of 30% with a maximum impervious coverage of 60% per lot. Minimum Lot Size: Single - Family Multi- Family Unit Area — 9,000 square feet Area - 1,000 square feet Width — 75' feet Depth — 120' feet Villas at the lakes 2 B. Minimum House Square Footage The minimum gross single- family house square footage shall be at least 1,200 square feet living area under air /heat, with a variety of unit sizes. The minimum gross condominium /multi - family square footage shall be at least 1,000 square feet living area under air /heat. In addition, each single - family house will have a minimum of a two (2) car enclosed garage. No carport will be allowed. Single-Family Minimum Yard Size and Setbacks: Front —35' Rear - 20' Side - 10' Side Corner - 20' Maximum Height - 35' Utility Easements - 10' - front, 5'- sides Swimming Pools Rear - 7.5' from property line to pool deck edge Side - 10' from property line to pool deck edge Condominium /Multi - family a. All condominium buildings shall be adjacent to a public or private right -of -way or common area. There will be one (1) access point off of the Main Roadway to a common driveway shared by a group of condominium /multi - family buildings as depicted on the Master Plan. b. Front setback of buildings shall be 25 -feet from edge of pavement of driveways and /or streets. c. Rear setbacks of buildings shall be 20 -feet except if there is a landscaped common area behind the multi - family building and there is a minimum distance of 20 -feet from the project boundary line and the building or accessory structures. For multi- family buildings on the lakes, rear setbacks shall be 25 -feet from the mean high water line of the lake. Provided however any attached porch or terrace can extend up to 10 -feet into the rear setbacks. d. Minimum distance between buildings shall be 20 -feet. e. Maximum building width shall be 125 -feet. f. Maximum number of units per building shall be 8- units. g. Minimum setback from RPUD boundaries shall be 25 -feet. h. Maximum building height shall be 35 -feet. i. Minimum parking spaces shall be two (2) per living unit. Garages, driveways and common parking areas may count towards this requirement. Villas at the lakes 3 j. Minimum Square Feet (under air /heated) shall be 1,000, with a variety of unit sizes. k. Maximum number of stories shall be three (3), not to exceed 35 -feet in height. C. Roads All internal roads shall be private and maintained by the Homeowners' Association with public utilities and easements. The main gated internal road running north and south and traversing the entire parcel shall be designed in accordance with standards established in the Edgewater Land Development Code, as amended, hereinafter referred to as the "Main Roadway ". The City has a pre- existing utility easement through the property, which shall be re- aligned to be the same area encompassed by the "Main Roadway ". Vehicular access to all other areas within the development shall be via roadways with a minimum width of twenty -four feet (24') with Miami curbs. D. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water management District and the City of Edgewater Land Development Code. The pond(s) are approximately 24.1± acres and will be owned and maintained by the HOA. Developer is required to provide an outfall to a publicly owned drainage conveyance system, and obtain an off -site drainage easement if necessary. E. Si na e There will be one (1) ground sign located at the gated entrance and freestanding directional signs within the subdivision. Copy area, height and setback requirements will be per the City's Development Regulations. F. Trees There shall be a minimum of six (6) trees per each single- family home building lot and one (1) street tree at fifty (50) foot on center and to be located within the internal road right -of -ways. Trees shall be 2 '/2 in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" — Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. Multi - family site shall have one (1) tree per 1,500 square feet. Statistical tree survey information may be considered at the discretion of the Development Services Director. However, such statistical surveys shall be limited to sites containing an overstory consisting predominantly of tress uniform in age, species and distribution, which do not contain specimen or historic tress. Statistical surveys must be conducted in compliance with accepted forestry practices. Villas at the lakes 4 The development of this Subdivision shall comply with all City and County minimum environmental standards for Historic and Specimen Tree Protection requirements and Area Tree Protection requirements. G. Entrance to Subdivision There shall be one (1) ingress /egress point on the south side of Taylor Road. Said entrance to be a minimum width of fifty -feet (50') and gated. H. Model Homes and Temporary Offices Four (4) Lots shall be designated for use as potential model home or temporary sales office lots at the time of preliminary plat. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as temporary sales office while a model home is under construction. Such temporary offices shall only be permitted for an interim period not to exceed sixty (60) days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: (a) Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), in on -site hydrants are required to service the area where the proposed models will be constructed. (b) Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. (c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified to FDEP. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A certificate of completion issued as provided in the Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model ", "open ", "open house" or any other phrase which identifies property for real estate purposes may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. (a) Single- family model home lot, not to exceed two (2) flags. (b) Condominium /multi- family model home unit, not to exceed one (1) flag per unit. I. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By- Laws for the Villas at the Lakes Homeowners Association will be recorded in the public records of Villas at the lakes 5 Volusia County at the time the Final Plat for Villas at the Lakes is recorded. A separate Declaration of Condominium, Articles of Incorporation and By -laws for the Condominium Association will be filed with the State and recorded in the public records of Volusia County, Florida at the time the Final Site Plan is approved. J. Open Space Requirements. Open space as required per the Edgewater Land Development Code, as amended, shall be a minimum of 25% and shall meet the definition in the current Land Development Code. K. Pedestrian Walks A ten foot (10') pedestrian space of pervious material as approved by City staff (common area) shall be provided along and around the entire shoreline of each lake. In addition thereto there shall be provided six (6) bench areas along the Pedestrian Walks and spaced evenly around each lake. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Villas at the Lakes is Low Density Residential with Conservation Overlay. The zoning designation for Villas at the Lakes shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan /Future Land Use Map. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. C. The City has determined that reclaimed water may be available in the near future; therefore the Developer shall install piping for future reclaimed water service. D. Developer agrees to provide on and off -site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All electrical services will be underground. F. Roadway improvements and all associated right -of -ways shall be dedicated to the Homeowners Association at the time of final plat approval. Villas at the lakes 6 G. Off -site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and shall meet all City, County and /or State requirements and approval. H. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water — Pay 100% of the applicable impact fees to the City by applicant at the time the permit application is signed by the City, thereby reserving requisite water capacity. Sewer — Pay 100% of the applicable impact fees to the City by applicant at the time the permit application is signed by the City, thereby reserving requisite sewer capacity. Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit application. Roads — Paid to City by applicant at the time of Building Permit Application. Volusia County Impact Fees for Roads and Schools — Paid at City Hall by applicant prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. I. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. J. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Villas at the Lakes development approval and the construction inspection related to the Villas at the Lakes development approval and the construction of required infrastructure improvements and the review and approval of the final plat. L. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection /treatment system, including outfall system. 4. Piping for future reclaimed water. 5. Provide all required pavement marking and signage (stop signs, road signs, etc) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. 6. Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. Villas at the lakes 7 7. Bonds — A Performance Bond may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the city prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period. 8. Sidewalks shall be constructed on both sides of the streets /roadways and have a minimum width of four feet (4') and shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the developer will install the remaining sidewalks or extend for two (2) more years upon city approval. 9. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the Homeowners Association and be installed by the Developer at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. M. Recreational Facilities An area will be reserved for a recreational area, or areas as the case may be, for a clubhouse, pool, tennis court, and children's playground. In addition, pedestrian walks will be provided along and around the entire shoreline of each lake together with six (6) bench areas spaced evenly around each lake. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the city of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC USE The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required. Villas at the Lakes has designated 20t acres as open space, to be maintained by the HOA. 8. PERMITS REQUIRED The developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. Villas at the lakes 8 2. City of Edgewater — Rezoning, Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. 3. This site may require a Volusia County Environmental Permit. 4. The subject property is not within the 100 -year Flood Plain; minimum finished floor elevation shall be nine (9) feet. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided for in this Agreement. Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas within the Villas at the Lakes common area tracts as depicted on the plat. The HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By -Laws shall be reviewed and approved by the City prior to final plat approval. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. Villas at the lakes 9 13. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12- months, commencing 12- months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT /AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 19. FURTHER DOCUMENTATION The parties agree that at anytime following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and /or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Villas at the lakes 10 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Susan J. Wadsworth City Clerk Witnessed by: Villas at the lakes I 1 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Michael Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal Sid C. Peterson, Jr. Applicant Hanson & McCallister, Inc. BY: David McCallister, President Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this day of 2007, by , and who is personally known to me or has produced _ as identification and who did (did not) take an oath. Notary Public Stamp /Seal Villas at the lakes 12 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. U.S. Lot 1, and a portion of U.S. Lot 2 and U.S. Lot 7, Section 6, Township 18 South, range 34 East, Volusia County, Florida being described as follows: For a Point of Beginning, commence at the northeast corner of said Section 6, said point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00 °21'00" West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast corner of said U.S. Lot 7; thence South 88 °53'49" West, along the south line of said U.S. Lot 7, a distance of 50.01 feet; thence North 18 °34'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with an iron rod; thence North 53 °37'44" West, a distance of 727.93 feet; thence North 73 °08'10" East, a distance of 47.17 feet; thence North 61 °18'40" East, a distance of 1000.00 feet; thence North 28 °41'20" West, a distance of 500.00 feet; thence South 61 °18'40" West, a distance of 1000.00 feet; thence South 28 °41'20" East, a distance of 448.92 feet; thence South 73'08'10" West, a distance of 73.33 feet; thence North 28 °47'43" West, a distance of 574.76 feet to a 4" x 4" concrete monument with an iron rod; thence North 00 049143" East, a distance of 1002.14 feet to the north line of said Section 6; thence North 88 °55'28" East, along said North line of Section 6, a distance of 1700.30 feet to the Point of Beginning. Containing 79.18± acres more or less and being in Volusia County, Florida. Villas at the lakes 13 Y r m m r m rr ttl I p O ca - -a- m o n3D 3?'""� to D n O a > n 2 1 O O N Z O 4 N r a, r• E Z _ �'Qt►t!�PT PLAN '�+.� I ! E i daly design group inc. Lana Ptam,,% Lw tcape vaanecwm, P- rep! Management Wwpment COPS -uMa t30A (;010 w4 St.. Suite 202. Ortanao, FL 32804 �e071- 740-7273 vww.aaWaeSiign.com; �ytS.D.VDGitE.�. �a � tREl.� DAT � pESGpp�UM BY � EXHIBIT "C" TREES Name Botanical Name Inches (DBH) Ulmus spp. 12 plus ory Carya spp. 12 plus rCommon olly Bay Gordonia lasianthus 12 plus nolia Magnolia grandiflora 12 plus le Acer spp. 12 plus Oter Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 plus Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virginiana 12 plus Sweet Gum styraciflua 12 plus ELiquidambar Sycamore Platanus occidentalis 12 plus Turkey Oak Quercus laevis 12 plus Cypress Taxodium spp. 12 Plus Sugarberry/Hackberry Celtis laevigata 12 Plus Slash Pine Pinus elliottii 18 Plus Longleaf Pine Pinus palustris 18 Plus Villas at the lakes 15 PUBLIC HEARING August 13, 2007 BOARD APPOINTMENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2007-0-07 OWNER: Omer and Paulette Stull APPLICANT /AGENT Glenn Storch AGENDA REQUEST Date: July 26, 2007 RESOLUTION CONSENT ORDINANCE X OTHER BUSINESS Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential with Conservation Overlay. REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include property as Low Density Residential with Conservation Overlay. PROPOSED USE: Single Family Residential LOCATION: South of Two Oaks Drive and north of 27th street AREA: 20.28± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County — Urban Low Intensity ZONING DISTRICT: Volusia County — R-3 (Urban Single Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Background This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The density for this project shall not exceed 3.8 units per net acre. CPA -0618 - Stull Current Land Use FLUM Designation Zoning District North Single Family Medium Density Residential Majestic Oaks (Court Order — Residential max 200 units) East Vacant and Single Volusia County - Urban Low Volusia County — MH-5 (Urban Family Residential Intensity Mobile Home) and R-3 (Urban Single Family Residential) South Single Family Low Density Residential R-2 (Single Family Residential) Residential West Vacant Volusia County - Urban Low Volusia County — R-3 (Urban Intensity Single Family Residential) Background This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The density for this project shall not exceed 3.8 units per net acre. CPA -0618 - Stull Land Use Compatibility The proposed use is compatible with the residential properties to the north, south and west. Adequate Public Facilities This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this site. Development of this site will require preliminary plat and construction plan approval. Construction plans shall include details of all required infrastructure including but not limited to: water, sewer, streets, sidewalks and streetlights. Natural Environment Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand. Prior to development as part of the preliminary plat review an environmental analysis for wetlands and threatened and endangered species, etc., shall be required, and shall include an archeological analysis. All issues related to the reports shall be addressed prior to construction. Comprehensive Plan Consistency Volusia County — Urban Low Intensity Areas for low-density residential dwelling units with a range of .2 to 4 dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. Provided however, lot sizes larger than one acre may be allowed if there are similar lot sizes existing in the vicinity. This residential category is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This category will allow existing agricultural zoning and uses to continue. This category may also allow neighborhood convenience uses (See Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity should be limited in a manner to be compatible with the allowable residential density, with more allowable intensity at intersections of heavily used roadways. In order to be considered compatible, the commercial development should reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space, and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. High intensive commercial use should be reserved to areas designated for Commercial. All requests for non-residential uses within 1/ mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater — Low Density Residential (1.1 to 4 units per acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Cit off Edgewater — Conservation Overlay The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils /wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100 - year floodplain, and other areas subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and /or intensity will be applicable. Other Matters Preliminary Plat and construction plans must be approved prior to any on-site construction. CPA -0618 - Stull 2 STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2007-0-07; amending the Future Land Use Map to include 20.28± acres of land located south of Two Oaks Drive and north of 27th street as Low Density Residential with Conservation Overlay. ACTION REQUESTED Motion to approve Ordinance No. 2007-0-07. PREVIOUS AGENDA ITEM: DATE: 4-16-07 Respectfully Submitted By: Dar en Lear Development Services Director CPA -0618 - Stull YES X NO AGENDA ITEM NO. 7E Robin Matusick Paralegal City Manager ORDINANCE NO. 2007 -0 -07 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY COMPRISING 20.28+ ACRES LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF 27TH STREET, EDGEWATER, FLORIDA AS LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY; 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 TRANSPORTATION 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, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and /or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F. S. and Rule 9J -11, F.A.C. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, #2007 -0 -07 passages are deleted. Underlined passages are added. 1 held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005), on Wednesday, November 8, 2006, on the proposed Plan Amendment and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003 Comprehensive Plan; and WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER , FLORIDA: PART A. AMENDMENT. 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 Low Density Residential with Conservation Overlay for property described in Exhibits "A" and "B ". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2005). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2005). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. #2007 -0 -07 Passages are deleted. Underlined passages are added. 2 (2005). The required advertisement shall be no less than two columns wide by TEN inches (10 ") long in a standard -size or tabloid -size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2007 -0 -07 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY COMPRISING 20.28+ ACRES LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF 27TH STREET, EDGEWATER, FLORIDA AS LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY; 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 TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING #2007 -0 -07 passages are deleted. Underlined passages are added. 3 PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on April 16, 2007 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B') The advertisement shall contain a geographical- location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2005). PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2003 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall be held within 120 days of the Department of Community Affairs having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team, and all other items specified to be #2007 -0 -07 Struck d rough passages are deleted. Underlined passages are added. 4 transmitted in accordance with Rule 9J- 11.006, F.A.C. The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J- 11.006, F.A.C. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Department of Community Affairs. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) & Rule 9J- 11.011 (3), F.A.C. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption; and either the Department of Community Affairs entering a final order finding this Comprehensive Plan Amendment in compliance, or the Administration Commission entering a final order finding that this Comprehensive Plan Amendment has been brought into compliance and certification of consistency #2007 -0 -07 Strttek throngh passages are deleted. Underlined passages are added. 5 from the Volusia Growth Management Commission. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. ADOPTION. Councilwoman Lichter made a motion that we accept /approve Ordinance #2007 -0 -07 with all diligence make appropriate arrangements to relocate tortoises that are found on the property even if the State has not finished their amendments on that subject; Second was made by Councilwoman Rhodes; the vote on the first reading of this ordinance held on April 16, 2007 is as follows: AYE NAY Mayor Mike Thomas X Councilman Debra J. Rogers X Councilman Dennis A. Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X This matter was scheduled to be heard during the July 16, 2007 Council meeting however, this meeting was rescheduled to July 30, 2007. The appropriate notices /legal advertisements were placed. During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second #2007 -0 -07 Strackthrotigh passages are deleted. Underlined passages are added. 6 reading /public hearing until August 13, 2007 by Councilwoman Lichter with Second by Councilman Vincenzi, Motion approved 4 -0 (Councilwoman Rhodes absent). During the August 13, 2007 Council meeting a Motion to approve was made by with Second by of this ordinance is as follows: AYE Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter the vote on the second reading PASSED AND DULY ADOPTED this 13th day of August, 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 #2007 -0 -07 passages are deleted. Underlined passages are added. 7 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of August, 2007 under Agenda Item No. 7 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. The East %2 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, Volusia County, Florida Containing 20.28 + acres more or less. Map of subject property is reflected on Exhibit "B" and incorporated herein. #2007 -0 -07 Struck firough passages are deleted. Underlined passages are added. a� " a U cn i ro s m IZ M"'_ P�P� NpR O GR�E Ev�N EERNP�ON OR OR V os � g��pK P RGN� E� 7Q J d N B m x N 7 0101100 �030�0� 3 e�D CIQ 3s"2 3AOt0c y � 0 a o m T s Q 5 O m — r CL 0 vci 3 o 0 0 — m r r K f y 3 y r a 0 3 C O O H m 1 � � � � M a• a. C 3 3 � � O C � A � y 7 N T 19 Q V O W a r �m = 3 e�D CIQ 3AOt0c y � 0 m — r CL 0 Kim 0 3 y 0 0 — m r r K f y 3 y 1 � � � � M PUBLIC HEARING August 13, 2007 BOARD APPOINTMENT ITEM DESCRIPTION: AGENDA REQUEST Date: July 26, 2007 RESOLUTION 2 °a Reading - Ordinance No. 2007-0-08 OWNER: Omer and Paulette Stull CONSENT APPLICANT /AGENT: Glenn D. Storch ORDINANCE X OTHER BUSINESS Glenn D. Storch requesting an amendment to the Official Zoning Map to include property as R-3 (Single Family Residential). REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-3 (Single Family Residential) PROPOSED USE: Single Family Residential LOCATION: South of Two Oaks Drive and north of 27th street AREA: 20.28± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County — Urban Low Intensity ZONING DISTRICT: Volusia County — R-3 (Urban Single Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Background This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The applicant is proposing a 60-unit single-family residential subdivision. The minimum lots sizes proposed are 75'x 115'. All development criteria set forth in the Land Development Code shall be met. RZ -0616 - Stull Current Land Use FLUM Designation Zoning District North Single Family Medium Density Residential Majestic Oaks - Court Order — Residential max 200 units East Vacant and Single Volusia County - Urban Low Volusia County — MH-5 (Urban Family Residential Intensity Mobile Home) and R-3 (Urban Single Family Residential) South Single Family Low Density Residential R-2 (Single Family Residential) Residential West Vacant Volusia County - Urban Low Volusia County — R-3 (Urban il esidentiIntensit Sin le Fam R al) Background This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The applicant is proposing a 60-unit single-family residential subdivision. The minimum lots sizes proposed are 75'x 115'. All development criteria set forth in the Land Development Code shall be met. RZ -0616 - Stull At their regular meeting of December 13, 2006, the Planning and Zoning Board voted to send a favorable recommendation to City Council for this request. Land Use Compatibility The proposed use is compatible with the residential properties to the north, south and west. Adequate Public Facilities This site has access to 271h Street and Three Oaks Drive. City water and sewer is available to this site. Development of this site will require preliminary plat and construction plan approval. Construction plans shall include details of all required infrastructure including but not limited to: water, sewer, streets, sidewalks and streetlights. Natural Environment Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand. Prior to development as part of the preliminary plat review an environmental analysis shall be required. All issues related to the reports shall be addressed prior to construction. Comprehensive Plan Consistency The proposed R-3 (Single Family Residential) zoning classification is compatible with the Low Density Residential with Conservation Overlay Future Land Use designation requested as a large-scale Future Land Use amendment. Other Matters A preliminary plat and construction plan must be approved prior to any on-site development. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2007-0-08; amending the Official Zoning Map to include 20.28± acres of land located south of Twin Oaks Drive and north of 27th Street as R-3 (Single-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2007-0 -08. PREVIOUS AGENDA ITEM: DATE: 4-16-07 Respectfully Submitted By: Dar en Lear Development Services Director RZ -0616 - Stull YES X NO AGENDA ITEM NO. 7F � F : Robin Maiusick -� Paralegal on C. Williams -ity Manager ORDINANCE NO. 2007-0-08 AN ORDINANCE REZONING A PARCEL OF APPROXIMATELY 20.28 ACRES LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF 27TH STREET, EDGEWATER, FLORIDA, FROM COUNTY R -3 (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R -3 (SINGLE FAMILY RESIDENTIAL); AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; 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. Glenn D. Storch, Esquire, agent for Omer and Paulette Stull, owner /applicant of property located South of Two Oaks Drive and North of 27`h Street, within Volusia County, Florida. Subject property contains approximately 20.28 + acres more or less. 2. The owner /applicant has submitted an application for a change in zoning classification from County R -3 (Urban Single Family Residential) to City R -3 (Single Family Residential) for the property described herein. 3. On December 12, 2006, 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 April 16, 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 Saturday, April 7, 2007. passages are deleted. Underlined passages are added. 2007 -0 -08 5. On July 30, 2007, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on Thursday, July 19, 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 Struck through passages are deleted. Underlined passages are added. 2007 -0 -08 2 rather than a legislative act of the City Council. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County R -3 (Urban Single Family Residential) to City R -3 (Single Family Residential). The following described real property all lying and being in the County of Volusia and State of Florida. The East'' /2 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, Volusia County, Florida Containing 20.28 + 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 EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, Struek through passages are deleted. Underlined passages are added. 2007 -0 -08 inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia 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 April 16, 2007 is as follows: AYE Mayor Mike Thomas X Councilman Debra Jean Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X NAY This matter was scheduled to be heard during the July 16, 2007 Council meeting however, this meeting was rescheduled to July 30, 2007. The appropriate notices /legal advertisements were placed. Sh tick tit. otigh passages are deleted. Underlined passages are added. 2007 -0 -08 4 During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second reading /public hearing until August 13, 2007 by Councilwoman Rogers with Second by Councilwoman Lichter, Motion approved 4 -0 (Councilwoman Rhodes absent). After Motion to approve by and Second by the vote on the second reading of this ordinance was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 13th day of August, 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 Struck through passages are deleted. Underlined passages are added. 2007 -0 -08 5 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of August, 2007 under Agenda Item No. 7 r a� co 13 r° I m Ol� wMv- P�P IO ° a�a�aEa spa ��aNP Oa m ug 1 OA v•- 0�'� spa P Opp �Npa a�aa E� J OR MAJESTIC OAKS - PHASE II w F� I It a 0 8�ZUGH Z�� g m 0 CA m-� _ Til lip Now ca MN1 to t � IMfA S Y 1m F, !q INS eu NN_V m M 6 ' I 1 r / ' t T1.9 1 I � a� TaF ' llfl I wia I �llw< O � � a NI W4 lam I 1�w1 1 I I� I i i I 1 ,Ism x I N 899'19 "E, b18.31'(C)(f�) N89'S9'19'E, 661.35'(C}(fl) MAP BO K 50, PAGE 17 - 19 .8711 ecru anw I T � I l C I 6 I aanfet IIWI'tTE I �Vfr1t 1 O'E 1111'IY17E ' I IV7. ati I Yt Iffft� I I i =i rn CL CCDD VW CD < 0 I I I � I I aaKaY >� I 0 ,If,f l la swwQw Ism CIL Tow I a i aatwtl I lrfu,l I� I I I afdv I lIfRY FEW Ir I rm y T bll ia, � 8 I � 1 S89775YW, 679.71'(CXM) TWENTYSEVEM FE N R -0E•WAY AGENDA REQUEST C.A. #2007 -103 Date:_ August 1, 2007 PUBLIC HEARING 08/13/2007 RESOLUTION ORDINANCE 08/13/2007 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Ordinance #2007 -0 -14 Proposing an amendment to the Charter of the City of Edgewater; providing for exceptions to the prohibition against the building heights in excess of 35 feet. BACKGROUND: In November 2006, a referendum question submitted by ECARD was put forward and approved by the electorate that prohibited new building heights exceeding 35 feet. The proposed amendment would modify language now contained in Article 1, Section 1.01(a)(2) of the City Charter. This modification would allow exceptions for business /commercial, public /semi- public or industrial buildings; including but not limited to retail stores, fire and police stations, hospitals and manufacturing facilities; while retaining the 35 foot height restriction on residential buildings such as condominiums and hotels. STAFF RECOMMENDATION: Staff recommends approval of Ordinance #2007 -0 -14 which would allow exceptions to the 35 foot height requirement. ACTION REOUESTED: Motion to approve Ordinance #2007 -0 -14. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED PREVIOUS AGENDA ITEM: YES NO X DATE: WCWilliams ly submitted, City Manager rlm AGENDA ITEM NO. Concurrence: Robin L. Matusick Paralegal ORDINANCE NO. 2007 -0 -14 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF EDGEWATER; PROVIDING FOR EXCEPTIONS TO THE PROHIBITION AGAINST NEW BUILDING HEIGHTS IN EXCESS OF 35 FEET; PROVIDING FOR A REFERENDUM FOR APPROVAL OR REJECTION OF THE PROPOSED AMENDMENT BY THE ELECTORS OF THE CITY OF EDGEWATER; PROVIDING FOR AND AUTHORIZING FURTHER ACTS TO IMPLEMENT THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a municipality may, by ordinance, submit to the electors of said municipality proposed amendments to its charter which amendments may be to any part or to all of its charter except that part describing the boundaries of such municipality; and WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater to submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the City at the next municipal election to be held on November 6, 2007, all in accordance with Section 166.031, Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Section 6.08 of the Charter. SECTION 2. Proposed Amendment to Charter: Exceptions to the Prohibition Against New Building Heights in Excess of 35 Feet. (a) Text of Proposed Amendments. The City Council of the City of Edgewater, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter of the City of Edgewater as set forth in Exhibit "A -1" attached hereto and by this reference made Struck through passages are deleted. Underlined passages are added. 2007 -0 -14 a part hereof. (b) Ballot Question. The ballot title, ballot question and the substance of said proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the ballot in the form as set forth in Exhibit "A -2" attached hereto and by this reference made a part hereof. (c) Effective Date of Proposed Amendments. The proposed amendment set forth in Subsection (a) above shall take effect immediately upon approval by a majority of those qualified City of Edgewater electors voting on the proposed amendment at the municipal election on November 7, 2007. If a majority of the votes cast at the referendum election shall be against the Charter Amendment proposed by this Ordinance, then this Charter Amendment shall be defeated and of no force and effect. SECTION 3. Submission to Electorate. The proposed amendment to the Charter, as contained in Section 2 of this Ordinance, shall be placed to a vote of the electors of the City of Edgewater at the next municipal election to be held on November 7, 2007. Such election shall be held in conformity with the laws of the State of Florida and the ordinances of the City of Edgewater now in force relating to elections in the City of Edgewater. SECTION 4. Authorization for Further Acts. The City Manager (or Interim City Manager as the case may be) and the City Attorney of the City of Edgewater are authorized and directed: (1) To make further modification and changes to the ballot wording set forth in this Ordinance as may be necessary or desirable under the constitution and laws of the State of Florida, so long as such changes and modifications do not alter the substance of this Ordinance, subject to confirmation of the City Council; and (2) To otherwise take all actions necessary or desirable to cause the proposed amendment to the Charter as set forth in this Ordinance to be subject to referendum at the general municipal election to be held on November 7, 2007. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Passages are deleted. Underlined passages are added. 2007 -0 -14 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Conflicting Ordinances. All ordinances and Charter provisions or parts of ordinances and Charter provisions in conflict with any amendment to the Charter set forth in this Ordinance are hereby repealed, but only if such amendment is approved by a majority of those qualified City of Edgewater electors voting on the proposed amendment at the municipal election on November 7, 2007. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. SECTION 8. Adoption. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on August 13, 2007 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter passages are deleted. Underlined passages are added. 2007 -0-14 3 After Motion to approve by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 20th day of August, 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 Struck thmugh passages are deleted. Underlined passages are added. 2007 -0 -14 4 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 20th day of August, 2007 under Agenda Item No. 7 EXHIBIT "A -1" TO ORDINANCE NO. 2007-0-14 Text of Proposed Amendment. Article I, Section 1.01(a)(2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to Business /Commercial, Public /Semi - Public or Industrial buildings, including but not limited to retail stores, fire and police stations, hospitals and manufacturing facilities. The 35 foot height restriction shall apply to residential buildings such as condominiums and hotels. Struck tln ough passages are deleted. Underlined passages are added. 2007 -0 -14 EXHIBIT 66A -2" TO ORDINANCE NO. 2007-0-14 Ballot Title: Exemptions to 35 -Foot Height Limitation Ballot Question: BALLOT QUESTION The current Edgewater Charter does not allow any new buildings over 35 feet in height. Should the Charter be amended to allow exceptions for Business /Commercial, Public /Semi - Public or Industrial buildings; including but not limited to retail stores, fire and police stations, hospitals and manufacturing facilities; while retaining the 35 foot height restriction on residential buildings such as condominiums and hotels? Shall the above - described amendment be adopted? Yes No Text of Proposed Amendment: Article I, Section 1.01(a)(2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to Business /Commercial, Public /Semi - Public or Industrial buildings, including but not limited to retail stores, fire and police stations, hospitals and manufacturing facilities. The 35 foot height restriction shall apply to residential buildings such as condominiums and hotels. Struckthreugh passages are deleted. Underlined passages are added. 2007 -0 -14 AGENDA REQUEST C.A. #2007 -096 Date: July 23, 2007 PUBLIC HEARING 08/13/2007 RESOLUTION 08/13/2007 ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Resolution #2007 -R -09 Supporting Daytona Beach Community College BACKGROUND: Due to State universities and private colleges not being able to meet the current need for teachers and the success that Daytona Beach Community College has shown in their Bachelor of Science in Supervision and Management; DBCC has proposed a new program of education. DBCC has requested our support in its application to the State of Florida Board of Education for a Bachelor of Science in Education Program. If approved, the degree, Bachelor of Science in Education will have programs in the following areas: (1) mathematics (grades 6 -12); (2) biology (grades 6 -12); (3) chemistry (grades 6 -12); (4) earth/space science (grades 6 -12); (5) physics (grades 6 -12); (6) exceptional student education (ESE) - (grades K -12) and (7) elementary education (grades K -6). STAFF RECOMMENDATION: Staff recommends approval of Resolution #2007 -R -09 supporting Daytona Beach Community College in its application to the State of Florida Board of Education for a Bachelor of Science in Education Program. ACTION REQUESTED: Motion to approve Resolution #2007 -R -09. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: Respectfully submitted, Robin L. Matusick Paralegal rlm AGENDA ITEM NO. Concurre ce: Co on C. Williams City Manager RESOLUTION NO. 2007 -R -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING DAYTONA BEACH COMMUNITY COLLEGE IN ITS APPLICATION TO THE STATE OF FLORIDA BOARD OF EDUCATION FOR A BACHELOR OF SCIENCE IN EDUCATION PROGRAM; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, the State of Florida has a pressing and unmet need for teachers in its public schools; and WHEREAS, Daytona Beach Community College has demonstrated success in operating the Bachelor in Applied Science in Supervision and Management degree; and WHEREAS, Daytona Beach Community College is accredited as a Level II institution by the Southern Association of Colleges and Schools - Commission on Colleges; and WHEREAS, Daytona Beach Community College conducts an alternative teacher certification program for over one hundred (100) teacher candidates; and WHEREAS, Daytona Beach Community College has an outstanding faculty; and WHEREAS, Daytona Beach Community College is committed to academic excellence and student success. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this resolution as though fully set forth herein. Section 2. The City of Edgewater supports Daytona Beach Community College in its 2007 -R -09 application for a Bachelor of Science in Education with programs in the following seven (7) areas: ♦ Mathematics (grades 6 -12) ♦ Biology (grades 6 -12) ♦ Chemistry (grades 6 -12) ♦ Earth/Space Science (grades 6 -12) ♦ Physics (grades 6 -12) ♦ Exceptional Student Education (ESE) - (grades K -12) ♦ Elementary Education (grades K -6) Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion of application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 5. This resolution shall take effect immediately upon its adoption. After Motion to approve by the vote on this resolution was as follows: Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2007 -R -09 2 and second by , AYE NAY PASSED, APPROVED AND ADOPTED this 13th day of August, 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 2007 -R -09 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of August, 2007 under Agenda Item No. 7 Daytona Beach Community College is pleased to announce that it intends to submit a Baccalaureate Proposal to the Florida State Board of Education for approval September 1, 2007. The degree, Bachelor of Science in Education, will have programs in the following areas: • Mathematics (grades 6 -12) • Biology (grades 6 -12) • Chemistry (grades 6 -12) • Earth/Space Science (grades 6 -12) • Physics (grades 6 -12) • Exceptional Student Education (ESE) — (grades K -12) • Elementary Education (grades K -6) These programs will assist in filling the current demand for qualified teachers while providing for the educational needs of the future in Volusia and Flagler counties. State universities and private colleges cannot meet the need for teachers in Florida. The success of DBCC's BAS program in Supervision and Management has encouraged our efforts to offer this new program. This will make upgrade and certification more accessible and affordable than ever before to current teachers as well as broadening the pool of qualified local applicants for new positions. Your support is needed to help make this program a reality at DBCC. I am asking that you submit a Resolution of support to be included in the Baccalaureate Proposal packet sent to the State. It is important to Daytona Beach Community College and the State of Florida that you are aware of and support our efforts to offer this degree program. I have provided a sample Resolution as a template to assist you. Daytona Beach Community College is committed to high academic standards and to the delivery of quality education that clearly meets identified community and workforce needs. DBCC has been the cornerstone for the education of thousands of Volusia and Flagler County students over the past fifty years, and has produced high quality graduates who have strengthened our community. This degree will be a part of the ever evolving vision of that legacy. AGENDA REQUEST Date: July 30, 2007 PUBLIC HEARING X RESOLUTION X ORDINANCE CONSENT OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution # 2007 -R -10. $1,500,000 Line of Credit with Bank of America BACKGROUND: The City of Edgewater is seeking a line of credit to cover authorized emergency expenditures (i.e. hurricanes, fires, and most financial emergencies). The proposal from Bank of America was reviewed and approved by the following: Mark Galvin with First Southwest Company (City's financial advisor), Carolyn S. Ansay with the Law Offices of Doran, Wolfe, Ansay & Kundid (City attorney), Jon Williams (City Manager), and Brett Tanner (Finance Director). STAFF RECOMMENDATION: Staff recommends accepting the proposal from Bank of America for the $1,500,000 line of credit. ACTION REQUESTED: Motion to adopt Resolution No. 2007 -R -10. FINANCIAL IMPACT: (FINANCE DIRECTOR) Part 1, Article II, Section 3.09d sets the City's legal debt limit. For FY2007 the legal debt limit is $1,759,715. The line of credit will be for a two year term with minimum draws of $100,000 if necessary. Debt service will be structured to provide level principal and interest payments over a 5 year term with payments being made quarterly. Closing cost are capped at $8,000 and the unused fee is 20 bases points and for $1,500,000 will be $3,000. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Respectfully submitted, Department Director YES AGENDA ITEM NO. Concurrence: NO X City Manager Bankof America. �,�.� .tSa77&)r 1 "ict' President 4390 ..V nh Orange Ar-e. 407420 -277e phone f07 -4 0-2 19 fix June 15, 2007 Jon Williams City Manager City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Brett Tanner Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Re: Line of Credit Proposal to the City of Edgewater Dear Mr. Williams and Mr. Tanner: Bank of America, N.A. (the 'Bank ") is pleased to provide this proposal for a $1,500,000 Line of Credit ( "Line of Credit'). Bank of America appreciates the opportunity to provide the City with the above referenced credit facility. We trust that you will find our aggressive commitment as further indication of our interest to work with the City on future credit facilities and other bank related opportunities. Our commitment offers the City a very attractive financing with the following features: ➢ Low Bank Qualified Tax- exempt Rate of 4.33% ➢ Term out option ➢ Experienced municipal lenders who understand tax - exempt bank financing The proposed credit facility shall be subject to the following terms and conditions: BORROWER: BANK CONTACTS: City of Edgewater, Florida Todd Morley, CFA Senior Vice President / Sr. Credit Products Officer Phone: 407 - 420 -2772 LOAN AMOUNT/TYPE: Up to and not to exceed $1,500,000 Line of Credit Proposal to City of Edgewater June 15, 2007 Page 2 of 4 TERMS: Draw Down Facility: The Line of Credit will be for a two year term. At the end of the drawdown period, any remaining balance not retired by the Pledged Revenues may be termed out over a period of five years. Interest shall be paid quarterly. Draws shall be limited to one a month and shall be in a minimum amount of $100,000. Term Facility: At any time the Line of Credit can be termed out for a period of 5- years. Principal and Interest under the Term Facility shall be paid quarterly. Debt service will be structured to provide level principal and interest payments over the 5 -year term. INTEREST RATE: Draw Down Facility: Variable Rate: A tax exempt bank qualified floating rate calculated as 67% of 30 day LIBOR plus 0.75 %. Variable rate option will be determined as of the date of closing and shall adjust monthly in accordance to the formula. For indicative purposes, if this loan were to close on June 15, 2007 the initial rate would be 4.33 %. If tax- exempt status of the Borrower or loan is revoked, the loan will become immediately due and payable unless the Bank exercises its option to hold the proposal at the taxable rate. The interest rate shall be adjusted for any negative tax consequences in the manner set forth in the Bank's "standard gross" up provision. Term Facility: 5 -Year Fixed Rate: A tax exempt bank qualified fixed rate calculated as 67% of 5 Year US Dollar Swap Ask plus 0.65 %. Fixed rate will be determined two days prior to conversion from the Draw Facility to the Term Facility. For indicative purposes, if this loan were to be priced today the fixed rate of interest would be 4.45 %. UNUSED FEE: During the draw down period their will be an unused fee invoiced monthly based on the amount available under the Line of Credit subtracted by the average amount drawn under the Line of Creidt during the preceeding month times 0.20 %. USE OF PROCEEDS: Proceeds will be utilized for board approved expenditures. SECURITY: The Line of Credit will be secured by a pledge of the City to covenant to budget and appropriate from legally available revenues PREPAYMENT: Variable rate facility can be prepaid on any interest payment date. Fixed rate facility repayment shall be subject to standard make whole provisions. REPORTING: 1. Annually, within two hundred seventy (270) days following the end of the Borrower's fiscal year, financial statements including a balance sheet and income statement prepared on a an audited basis by an independent certified public accountant, including statements of financial condition, cash flows and changes in equity. 2. Annually, by November 15th of each year, a copy of the Annual budget for the upcoming year. LINE OF CREDIT PROPOSAL TO THE CITY OF EDGEWATER Line of Credit Proposal to City of Edgewater June 15, 2007 Nee 3 of 4 EXPENSES: Bank Counsel Fee for review of the loan documents will be capped at $2,000. If Bank Counsel prepares the loan documents the fee will be capped at $6,000. THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS WILL APPLY TO THE LOAN: 1. All documentation relating to the Loans shall be prepared by reputable bond counsel and reviewed by the Bank's counsel and shall contain such representations, warranties, covenants, conditions, events of default, rights, remedies and other terms in addition to those specifically set forth herein as the Bank deems necessary or appropriate and shall otherwise be satisfactory in all respects to the Bank and its counsel. 2. The Loans will be: (a) under authority of the Borrower specified in the applicable Florida Statutes and within the limitations specified in such statutes; and (b) for the purposes specified herein and in any request for proposals relating to the Loan. 3. The Line of Credit will be a tax - exempt loan as govern by the Internal Revenue Code and the Loan documents will contain standard "gross -up" language acceptable to the Bank regarding the impact of tax law or other changes on the interest rate applicable to the Loan. The loan documents will contain covenants requiring the Borrower to comply with all laws necessary to preserve the tax - exempt status of the Loan. 4. The Borrower shall provide an opinion of counsel acceptable to the Bank regarding the due organization and authority of the Borrower, the enforceability of the loan documents, the exemption from federal taxation of the interest paid thereunder, and such other matters as the Bank shall reasonably require, all in form and substance acceptable to the Bank. 5. The Bank may, at its option, terminate its obligations hereunder by written notice to the Borrower at the address set forth above upon the occurrence of any of the following events: (a) The commencement by or against the Borrower of any bankruptcy, insolvency or similar proceedings. (b) If any statement or representation made by the Borrower in this letter or in support of the Loan shall prove untrue in any material respect. (c) Default by the Borrower in the performance of any other material covenant, condition or agreement set forth in this letter. Any termination shall not affect the Bank's rights to enforce the provisions of this letter regarding costs, expenses and arbitration. All such rights shall survive any such termination. 7. If the terms and conditions of this letter meet with your approval, please so indicate by executing this letter in the space provided below. The Bank may, at its option, terminate its obligations under this letter notice of acceptance hereof is not received on or before July 15, 2007, or if the credit facility is not closed on or before July 31, 2007, unless otherwise extended by the Bank in writing. After you have had a chance to review the following information, please contact Todd Morley at (407) 420 -2772 with any questions. Bank of America greatly appreciates the opportunity to provide this financing proposal to the City of Edgewater for the above referenced credit facilities, and eagerly awaits your response. LINE OF CREDIT PROPOSAL TO THE CITY OF EDGEWATER Line of Credit Proposal to City of Edgewater June 15, 2007 Page 4 of 4 Sincerely, BANK OF AMERICA, N.A. All Todd Morley, CFA Senior Vice President Cc: Jerry Stanforth Colleen Schon Joe Stanton AGREED TO AND ACCEPTED this day of 12006. City of Edgewater, FLORIDA By:_ Its: LINE OF CREDIT PROPOSAL TO THE CITY OF EDGEWATER RESOLUTION NO. 2007-R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE ISSUANCE OF THAT CERTAIN REVENUE NOTE, SERIES 2007 OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,500,000, TO FINANCE THE COST OF CERTAIN COUNCIL APPROVED EXPENDITURES; AUTHORIZING THE SALE OF THE NOTE TO BANK OF AMERICA, N.A.; PROVIDING THAT THE NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM NON -AD VALOREM REVENUES BUDGETED AND APPROPRIATED AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES FOR THE OWNER OF THE NOTE; DESIGNATING THE NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF THE INTERNAL REVENUE CODE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of the Act (defined below). SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless otherwise expressly set forth herein: A. "Act" means Article VIII, Section 2 of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Edgewater, Florida, other applicable provisions of law and this Resolution. B. "Authorized Expenditures" means unexpected capital and emergency expenditures and other expenditures serving a public purpose that are permitted under the Act and the Code and that are authorized by the Council and approved by Bond Counsel. C. "Bank" means Bank of America, N.A. D. "Bond Counsel" means an attorney or firm of attorneys which is of nationally recognized standing in the field of law relating to municipal bonds and the exclusion from gross income for federal income tax purposes of interest on municipal bonds. E. "City Attorney" means the City Attorney or assistant City Attorney of the Issuer. Res. #2007 -R -10 ORL1 \PFCP\940187.2 37318/0017 F. "City Manager" means the City Manager or assistant, deputy, interim or acting City Manager of the Issuer. G. "Clerk" means the City Clerk or assistant or deputy City Clerk of the Issuer, or such other person as may be duly authorized by the Council to act on his or her behalf. H. "Code" means the Internal Revenue Code of 1986, as amended, and any rules or regulations promulgated thereunder. I. "Council' means the City Council of the Issuer. J. "Default Rate" shall have the meaning set forth in Section 6.I. of this Resolution. K. "Draw on the Line of Credit" shall mean a written request for a disbursement of available amounts under the Note, signed by an authorized officer of the Issuer and substantially in the form attached hereto as Exhibit D, satisfactorily completed pursuant to the terms of the Note and approved by Bond Counsel. L. "Event of Default" means the occurrence of one or more of the following: (i) failure by the Issuer to pay, when due, any principal, interest or other amount due under the Note, this Resolution or any other obligation now existing of hereafter arising, between the Issuer and the Bank after the expiration of any applicable cure period; (ii) the occurrence of any default under the Note, this Resolution or any other document executed in connection with the Note and this Resolution; (iii) the failure by the Issuer to comply with any agreement, term, covenant or condition of this Resolution, the Note or any other document executed in connection herewith; (iv) if any representation or warranty made by the Issuer in this Resolution, the Note or any other document executed in connection herewith is false or misleading in any material respect on the date made or at any time thereafter; (v) the liquidation or dissolution of the Issuer, the voluntary or involuntary filing or commencement of a petition or case seeking reorganization, arrangement, or readjustment of Issuer's debts or any other relief under bankruptcy or similar laws, the voluntary or involuntary application or appointment of a receiver or Issuer or its property; (vi) the Bank reasonably determines that a material adverse change has occurred in the financial condition of the Issuer; or (vii) any security interest or other lien intended to secure the indebtedness created pursuant hereto shall be or become invalid and unenforceable. Res. #2007 -R -10 ORLt\PFCP \940187.2 37318/0017 2 M. "Finance Director" means the Finance Director of the Issuer, or such other person as may be duly authorized by the City Manager to act on his or her behalf. N. "Fiscal Year" means the fiscal year of the Issuer ending on each September 30. O. "Holder" or "Owner" means the Person in whose name or names the Note shall be registered on the books of the Issuer kept for that purpose in accordance with the provisions of this Resolution. The Bank shall be the initial Holder. P. "Interest Rate Limit" means the interest rate limit under Section 215.84, Florida Statutes. Q. "Issuer" means the City of Edgewater, Florida. R. "Maturity Date" means [July 1, 2014]. S. "Mayor" means the Mayor of the Issuer, or in his or her absence or inability to act, the Vice Mayor of the Issuer or such other person as may be duly authorized the Council to act on his or her behalf. T. "Non -Ad Valorem Revenues" means all revenues of the Issuer not derived from ad valorem taxation, and which are lawfully available to be used to pay debt service on the Note. U. "Note" means the Issuer's Revenue Note, Series 2007, in an amount of not to exceed $1,500,000 authorized by this Resolution. V. "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. W. "Paying Agent and Registrar" means such bank or trust company, within or without the State of Florida, which may be approved by the Council prior to the issuance of the Note, to be the agent of the Council for payment of the principal of and interest on the Note and for maintenance of the registration books of the Council with respect to the exchange and transfer of the Note; or, if no such bank or trust company is appointed, means the Clerk. X. "Pledged Revenues" means, collectively: (i) all of the proceeds of the Note pending the application thereof, and (ii) the Non -Ad Valorem Revenues budgeted and appropriated as provided in this Resolution. Y. "Purchase Price" means the face amount of the Note. Z. "Resolution" means this Resolution, pursuant to which the Note is authorized to be issued, including any supplements to or amendments of this Resolution. AA. "State" means the State of Florida. Res. #2007 -R -10 ORL1 \PFCP \940187.2 37318/0017 3 SECTION 3. FINDINGS. It is hereby found, determined and declared as follows that: A. It is necessary, desirable and in the best interests of the Issuer and its inhabitants that the Note be issued to allow the Council flexibility for financing the costs of the Authorized Expenditures. The Authorized Expenditures are appropriate to the needs and circumstances of, and shall serve a public purpose by advancing the economic prosperity, the public health, or the general welfare of the State and its people. B. The Council deems it necessary, desirable and in the best interest of the Issuer and its inhabitants that the Pledged Revenues be pledged to the payment of the principal and interest on the Note. Except as previously disclosed to the purchaser of the Note, no part of the Pledged Revenues has been or will be pledged or encumbered in any other manner without the consent of the Owner. C. The principal of and interest on the Note and all other payments provided for in this Resolution or the Note will be paid solely from the sources herein provided in accordance with the terms hereof, and no ad valorem taxing power of the Issuer will ever be exercised nor will any Holder have the right to compel the exercise of such ad valorem taxing power to pay the principal of or interest on the Note or to make any other payments provided for in this Resolution, and the Note shall not constitute a lien upon any property of the Issuer. D. Prior to adoption of this Resolution, significant changes have occurred in the municipal bond market regarding interest rates on tax exempt obligations, which are favorable to the Issuer. E. Based upon all available information and advice, the Council has determined that it is in the best interest of the inhabitants of the Issuer to respond to these favorable market conditions without undue delay. F. A negotiated sale of the Note will result in the most favorable and flexible financing plan and is in the best interest of the Issuer. G. The Bank has, by written proposal, offered to purchase the Note at the Purchase Price, at the interest rate set forth below, resulting in an average net interest cost rate less than the Interest Rate Limit. The Council had determined that it is in the best interest of the Issuer to accept the offer of the Bank to purchase the Note at a private negotiated sale. Prior to the issuance of the Note, the Issuer shall receive from the Bank a Purchaser's Certificate, the form of which is attached hereto as Exhibit B and the Disclosure Letter containing the information required by Section 218.385, Florida Statutes, a form of which is attached hereto as Exhibit C. H. The Note will not be a "private activity bond" as defined in Section 141 of the Code. I. The Council has not and does not reasonably expect to issue (including issues "on behalf of the Issuer, as determined under Section 265(b)(3)(B) of the Code) tax - exempt obligations in excess of $10,000,000 aggregate face amount during the 2007 calendar year. Res. #2007 -R -10 ORUNPFCP1940167.2 37318/0017 4 SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Note authorized to be issued hereunder by the Holder, this resolution shall be deemed to be and shall constitute a contract between the Issuer and such Holder. The covenants and agreements herein set forth to be performed by the Council and the Issuer shall be for the benefit, protection and security of the legal Holder. SECTION 5. AUTHORIZATION OF NOTE. For the purposes set forth herein, the Council does hereby authorize and approve of the issuance of that certain "City of Edgewater, Florida Revenue Note, Series 2007" (the "Note ") in the principal amount of not to exceed $1,500,000, in substantially the form of Exhibit A attached hereto, with such changes and additions as the Mayor shall approve, his signature thereon constituting conclusive evidence of such approval. SECTION 6. DESCRIPTION OF NOTE. A. The Note shall be issued in fully registered form, without coupons, shall be effective as of the date of the initial Draw on the Line of Credit (the "Draw Date "), shall be in the denomination of $1,500,000 and shall bear interest on the outstanding principal balance thereof at the rate specified below. The Note shall be outstanding in such mode and shall be payable as to principal and interest as set forth therein, and shall mature on the Maturity Date. On or after the date of issuance of the Note to [July 1, 2009], the Issuer may make one or more Draws on the Note in the aggregate amount of $1,500,000, subject to the terms and provisions for such Draws as set forth in the Note. The Note shall be payable with respect to both principal and interest in lawful money of the United States of America at such address as the Holder may from time to time designate. B. The Note shall initially be issued in the line of credit mode in an amount not to exceed $1,500,000, and the Issuer shall pay to the Owner interest on amounts outstanding from the date funds are drawn at a variable interest rate equal to 67% of the 30 day LIBOR plus 75 basis points (0.75 %), but in no event shall it exceed the maximum interest rate permitted by applicable law (the "Variable Rate "). No principal payments shall be required by the Issuer while the Note is in the line of credit mode. The Variable Rate set forth above shall be re- adjusted monthly on the first day of each month, by the Owner. The Owner shall notify the Issuer of the Variable Rate which will be applicable during the next calendar month by sending written notice to the Finance Director at the beginning of such interest rate period, and shall identify the beginning date and ending date of such period in the notice. The initial Variable Rate shall be determined as of the date two Business Days prior to the first Draw Date. Such interest shall be paid quarterly on the first day of each October, January, April and July, commencing after the date of the first Draw Date, and thereafter until conversion to the term loan mode as provided below. Draws under the Note, unless an Event of Default, or event that with the giving of notice or the passage of time would constitute an Event of Default, then exists, may be made at any time until conversion to a term loan mode as described below, but no more than once in any given calendar month and for an amount no less than $100,000 (unless said draw is made when the amount of the remaining line of credit is less than $100,000, in which case that draw shall be in the amount of the remaining amount of the line of credit) such draws shall occur by wire transfer at no cost to the Issuer. The Owner shall fund such draw request Res. #2007 -R -10 ORL1 \PFCP \940187.2 37318/0017 5 within 5 days of receipt of the request, and each draw shall be noted on the Schedule A attached to the Note. C. While the Note is in the line of credit mode, the Issuer shall pay to the Owner a fee based on the principal amount available under the Note subtracted by the average principal amount drawn under the Note during the preceding month times 0.20 %. Such fee shall be calculated by the Owner and shall be invoiced to and payable by the Issuer monthly. D. On any date, the Issuer may elect to convert the Note to a term loan, provided that on [July 1, 2009], the Note shall convert to a term loan. Conversion shall not be honored by the Owner if an Event of Default, or event that with the giving of notice or the passage of time would constitute an Event of Default, then exists. The interest rate on the Note upon conversion to a term loan shall be equal to 67% of the 5 year U.S. Dollar Swap Ask plus 65 basis points (0.65 %) and shall be calculated as of the date two Business Days prior to such conversion. The principal of and interest on this term loan shall be payable quarterly of the first day of each October, January, April and July, commencing on first day of the next succeeding quarter following a conversion. Upon conversion to term loan mode, the Owner shall provide an amortization schedule to the Issuer that, with the approval of the Finance Director, such approval not to be unreasonably withheld, shall provide substantially level annual debt service payments until the Maturity Date if such conversion occurs on [July 1, 2009], or for a period of 5 years if such conversion occurs prior to [July 1, 2009]. Such amortization schedule shall be attached to the Note as Schedule B. E. A final payment in the amount of the entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date. F. At least thirty (30) days prior to the optional prepayment date, written notice of any such prepayment shall be mailed, postage prepaid to the Owner at the address appearing upon the registration books of the Issuer. G. While in the line of credit mode, the Issuer may prepay all or any portion of the Note on any interest payment date without any prepayment fee upon thirty (30) days prior written notice to the Holder. H. While in the term loan mode, the Issuer may prepay all or any portion of the Note at any time upon thirty (30) days prior written notice to the Holder, provided that the Issuer shall be obligated to pay a "Prepayment Fee" in the event that if the prevailing interest rates for similar obligations issued by the Issuer at the time of prepayment are lower than the current interest rate on the Note. For purposes of this subsection, "Prepayment Fee" means a fee equal to the present value of the difference between: (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the Note at % (the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps for a term corresponding to the term of the Note, interpolated to the nearest month, if necessary, that was in effect three Business Days prior to the date of the first Draw on the Line of Credit); and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the Note at the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate Res. #2007 -R -10 ORL1 \PFCP1940187.2 37318/0017 6 swaps, interpolated to the nearest month, that was in effect three Business Day's prior to the Note repayment date; with both of the amounts calculated in (1) and (2) above, discounted at the current rate. Should the present value have no value or a negative value, the Issuer may prepay with no additional fee. Should the Federal Reserve no longer release rates for fixed -rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H.15 Statistical Release with another similar index. The Bank shall provide the Issuer with a written statement explaining the calculation of the Prepayment Fee due, which statement shall be subject to review by the Issuer and its financial advisors, but which shall upon such review, in absence of manifest error, be conclusive and binding. I. If the Issuer defaults in the payment of principal of or interest on the Note when due, amounts payable under the Note shall bear interest at the default rate of 5% per annum in excess of the rate otherwise applicable to the Note (the "Default Rate ") but in no event shall the Default Rate exceed the Interest Rate Limit. J. Furthermore, if any payment of principal of or interest on the Note not received by the Holder within 15 days after it is due, then, in addition to any other amounts due and owing hereunder, the Issuer shall pay a late payment charge of 2% of the aggregate amount of such payment that is due. Upon any such default, the Holder may, at its option, declare the principal sum outstanding under the Note, together with all accrued interest thereon, to be immediately due and payable. SECTION 7. INTEREST RATE ADJUSTMENTS. Notwithstanding any contrary provision set forth herein or in the Note, the interest rate applicable to the Note shall be adjusted as follows: A. The interest rate under the Note will be adjusted as follows: (i) If the portion of the interest expense incurred or deemed to have been incurred because the Owner holds the Note (the "Related Interest ") and which would on the date of issuance of the Note be allowable as a deduction to the Owner during any period is decreased below 80% because of any change in the tax laws or regulations, or because the Note is not or ceases to be qualified as a "qualified tax - exempt obligation" under Section 265(b)(3)(B) of the Code, then the interest rate on the Note otherwise applicable during such period shall be increased each calendar year by a percentage amount equal to (A - .20) x B x C where: A equals the fraction (expressed as a decimal) of the Related Interest not allowable as a deduction to the Owner after the effective date of the change or loss of "qualified" status; (a) B equals the maximum corporate tax rate then in effect (expressed as a decimal); (b) C equals the Owner's Adjusted Cost of Funds (as defined herein). (ii) If the Owner or its parent holding company pays an alternative minimum tax in any tax year and the interest on the Note is a direct tax preference item under Section 57(a)(5) or any successor provision of the Code, then the interest rate on the Note Res. #2007 -R -10 ORL1 \PFCP \940187.2 37318/0017 7 otherwise applicable for the period during such tax year in which interest on the Note is a direct tax preference item will be increased by an amount equal to (A - B) x C where: A equals the interest rate on the Note otherwise applicable expressed as a percentage; (a) B equals the Owner's Adjusted Cost of Funds; and (b) C equals the maximum marginal rate of the alternative minimum tax expressed as a decimal (currently .20). (ii) If the Owner or its holding company pays an alternative minimum tax in any tax year and the interest on the Note is not a direct tax preference item under Section 57(a)(5), but is an indirect tax preference item because of the application of Section 56(g) or any successor provision of the Code, then the interest rate on the Note otherwise applicable for the period during such tax year in which interest on the Note is an indirect tax preference item will be increased by an amount equal to (A - B) x C where: A equals the interest rate on the Note otherwise applicable expressed as a percentage; (a) B equals the Owner's Adjusted Cost of Funds; and (b) C equals 75% of the maximum marginal rate of the alternative minimum tax expressed as a decimal, or, if the Code is amended to effectively increase or decrease the percentage of interest on the Note which is subject to such indirect alternative minimum tax, then C will equal the percentage of such interest which is effectively subject to such indirect alternative minimum tax; provided, however, that no such increase will be paid by the Issuer if such circumstances relate primarily to changes in holdings of the Owner or its parent holding company. (ii) If the federal income tax deduction for state income taxes paid on the interest payments received under the Note during any period is reduced because of any change in the tax laws or regulations, then the interest rate on the Note otherwise applicable will be increased during such period by an amount equal to A x B x C x D where: A equals the fraction (expressed as a decimal) of the total state income tax disallowed as a deduction for federal income tax purposes as a result of such tax law change; (a) B equals the rate of the applicable state income tax (expressed as a decimal); (b) C equals the maximum federal corporate tax rate then in effect for the Owner (expressed as a decimal); and (c) D equals the interest rate on the Note otherwise applicable expressed as a percentage. (ii) If the interest payments received under the Note during any period become partially taxable because of any change in the tax laws or regulations, then the Res. #2007 -R -10 ORL1 \PFCP \940187.2 p 37318/0017 O interest rate on the Note otherwise applicable will be increased during such period by an amount equal to (A - B) x C where: A equals the Taxable Rate (as defined herein) (expressed as a percentage); (a) B equals the interest rate on the Note otherwise applicable, expressed as a percentage; and (b) C equals the fraction of the interest rate on the Note which has become taxable as the result of such tax change (expressed as a decimal). (ii) If the tax laws or regulations are amended to decrease the Federal Rate (as defined herein), to cause the interest on the Note to be taxable, to be subject to a minimum tax or an alternative minimum tax, or to otherwise decrease the effective after - tax yield on the Note to the Owner (directly or indirectly, other than upon a Determination of Taxability (as defined herein) or upon a change described in (i) through (v) above) then the interest rate on the Note will be adjusted to cause the effective after - tax yield on the Note to equal what the yield on the Note would have been in the absence of such change or amendment in the tax laws or regulations. If the tax laws or regulations are amended to increase the effective after -tax yield on this Note to the Owner (including by way of an increase in the Federal Rate) then the interest rate on the Note will be decreased to cause the effective after -tax yield on the Note to equal what the yield would have been in the absence of such change or amendment in the tax laws or regulations. Upon a Determination of Taxability, the interest rate applicable to the Note shall be the Taxable Rate. B. The above adjustments will be cumulative, but in no event will the interest rate on the Note exceed the maximum rate permitted by law or the Taxable Rate, whichever is lower. All adjustments to the interest rate on the Note resulting from a change in the tax laws or regulations or otherwise will be effective on the effective date of the applicable change or the effective date of the change in tax treatment. Interest on the Note and all other tax rates and interest rates are expressed as annual rates. However, proper partial adjustment will be made if the tax law change is effective after the first day of the Owner's tax year or if interest on the Note does not accrue for the entire tax year of the Owner. Adjustments which create a circular calculation because the interest rate on the Note is affected by the calculation will be carried out sequentially, increasing the interest rate on the Note accordingly in each successive calculation using as the new value the increase in the interest rate on the Note until the change on the interest rate caused by the next successive calculation of the adjustment is de minimis. If more than one of subparagraphs (i) through (vi) of paragraph (a) apply, then the interest rate on the Note will be adjusted in the order in which listed above. C. To the extent an adjustment to the interest rate on the Note is not effected within 3 months of the event giving rise to the adjustment, and such delay is not due to the action or inaction of the Owner, the additional interest due as a result of such adjustment will be paid with interest compounded monthly (on principal only) at the rate which is equal to the interest rate on the Note. All unpaid amounts determined to be owing as a result of such calculation will be due and payable within 30 days after delivery of notice of the amount of such adjustment, and will be paid to the Owner of record during the period to which the adjustment relates. This obligation Res. #2007 -R -10 ORL 1 \PFCP \940187.2 37318/0017 9 will survive the payment and cancellation of the Note, but shall not include any adjustment with respect to which the Holder cannot suffer an increase in tax liability. D. Upon the occurrence of a Determination of Taxability, the Owner may (i) declare any and all amounts due under the Note immediately due and payable or, (ii) in the sole discretion of the Owner, elect to hold the Note with the interest rate adjusted in accordance with the terms of this Section 7. Upon the occurrence of a Determination of Taxability, the Issuer agrees to pay to the Owner any penalties or interest or past due taxes payable by such Owner (but not due to any negligent delay of the Owner) to the Internal Revenue Service by reason thereof. E. For purposes of this Section 7, the following terms shall have the following meanings: (i) "Owner's Adjusted Cost of Funds" means the fraction (expressed as a percentage), determined by the Owner or its parent bank holding company (in each case from an examination of its financial statements), of the total interest expense of the Owner for each calendar year divided by the total average adjusted bases of all assets of the Owner during the calendar year as determined under Section 265(b)(2)(B) of the Code or any successor provision. (ii) "Determination of Taxability" means the circumstances of interest paid or payable on the Note becoming includable for federal income tax purposes in the gross income of the Owner as a consequence of any act, omission or event whatsoever and regardless of whether the same was within or beyond the control of the Issuer. A Determination of Taxability will be deemed to have occurred upon: (aa) the receipt by the Owner of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on the Note is includable in the gross income of the Owner; (bb) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on the Note is includable in the gross income of the Owner; or (cc) receipt by the Owner of an opinion of bond counsel that any interest on the Note has become includable in the gross income of the Owner for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Note is deemed includable in the gross income of the Owner. However, the Issuer will have a reasonable opportunity to contest the memoranda, notices, rulings or opinions described in clauses (aa), (bb) and (cc) above before a Determination of Taxability will be deemed to have occurred, but, if unsuccessful, such Determination of Taxability shall be retroactive to the applicable date under clause (aa), (bb) or (cc) above. (iii) "Federal Rate" means, at any time, the then - current maximum marginal rate of federal corporate income taxation imposed pursuant to the Code. (iv) "Taxable Rate" means a rate equal to the applicable tax exempt rate multiplied by 1.55. Res. #2007 -R -10 ORLt \PFCP \940187.2 37318/0017 10 SECTION 2. EXECUTION OF THE NOTE. The Council hereby authorizes and delegates to the Mayor and the Clerk the authority to negotiate, execute and deliver the Note. The Note shall be executed in the name of the Issuer by the Mayor and countersigned and attested by the Clerk, either manually or with their facsimile signatures, and the Issuer's seal or a facsimile thereof shall be affixed thereto or reproduced thereon. In case any one or more of the officers who shall have signed or sealed the Note shall cease to be such officer of the Council or Issuer before the Note so signed and sealed shall have been actually sold and delivered, the Note may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed the Note had not ceased to hold such office. SECTION 3. NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case the Note shall become mutilated, or be destroyed, stolen or lost, the Council shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note, or in lieu of and substitution for the Note, if any, destroyed, stolen or lost, and upon the Holder furnishing the Council proof of its ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Council may prescribe and paying such reasonable expenses as the Issuer may incur. Any Note so surrendered shall be canceled. If the lost, stolen or destroyed Note shall have matured or be about to mature, instead of issuing a substitute Note, the Council may pay the same, upon being indemnified as aforesaid, without surrender thereof. Any such duplicate Note issued pursuant to this Section shall constitute an original, additional contractual obligation on the part of the Issuer whether or not the lost, stolen or destroyed Note be at any time found by anyone. SECTION 4. NEGOTIABILITY. The Note shall be and have all the qualities and incidents of a negotiable instrument under the laws of the State, and the Holder, in accepting the Note, shall be conclusively deemed to have agreed that the Note shall be and have all of the qualities and incidents of a negotiable instrument under the laws of the State. SECTION 5. REGISTRATION. The Council shall, prior to the proposed date of delivery of the Note, by resolution designate the Paying Agent and Registrar, if the Paying Agent and Registrar will be a bank or trust company. If no such designation is made, the Clerk shall be the Paying Agent and Registrar. The Paying Agent and Registrar shall be responsible for maintaining the books for the registration and transfer of the Note and, if a bank or trust company is so designated, in compliance with a written agreement to be executed between the Council and such bank or trust company as Paying Agent and Registrar prior to the delivery date of the Note. Upon surrender to the Paying Agent and Registrar for transfer or exchange of the Note, duly endorsed for transfer or accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Holder or its attorney duly authorized in writing, the Paying Agent and Registrar shall deliver in the name of the Holder or the transferee or transferees, as the case may be, a new fully registered Note for the principal amount which the Holder is entitled to receive. When the Note is presented for transfer, exchange or payment (if so required by the Council or the Paying Agent and Registrar), it shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature Res. #2007 -R -10 ORL1 \PFCP \940187.2 37318/0017 11 satisfactory to the Council or the Paying Agent and Registrar, duly executed by the Holder or by its duly authorized attorney. The Paying Agent and Registrar or the Council may require payment from the holder or transferee of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in connection with any exchange or transfer of the Note. Such charges and expenses shall be paid before any new Note shall be delivered. Any new Note delivered upon any transfer or exchange shall be a valid obligation of the Issuer, evidencing the same debt as the Note surrendered, shall be secured by this Resolution and shall be entitled to all of the security and benefits hereof. The Council and the Paying Agent and Registrar may treat the Holder of the Note as the absolute owner thereof for all purposes, whether or not such Note shall be overdue, and shall not be bound by any notice to the contrary. SECTION 6. DISPOSITION OF NOTE PAID OR REPLACED. Whenever the Note shall be delivered to the Paying Agent and Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, it shall, after cancellation, either be retained by the Paying Agent and Registrar for a period of time specified in writing by the Council, or at the option of the Council, shall be destroyed by the Paying Agent and Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the Council. SECTION 7. PAYMENT OF PRINCIPAL AND INTEREST; LIMITED OBLIGATION. The Issuer promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The Note shall not be or constitute a general obligation or indebtedness of the State or the Issuer as "bonds" within the meaning of Article VII, Section 12 of the Constitution of Florida, but shall be payable solely from the Pledged Revenues in accordance with the terms hereof. No Holder of the Note issued hereunder shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Note, or be entitled to payment of such Note from any funds of the Issuer except from the Pledged Revenues as described herein. SECTION 8. COVENANT TO BUDGET AND APPROPRIATE. Subject to the next paragraph, the Issuer covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues, amounts sufficient to pay principal of and interest on the Note as the same shall become due. Such covenant and agreement on the part of the Issuer to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. No lien upon or pledge of such budgeted Non - Ad Valorem Revenues shall be in effect until such monies are budgeted and appropriated. The Issuer further acknowledges and agrees that the obligation of the Issuer to include the amount of any deficiency in payments in each of its annual budgets and to pay such deficiencies from Non - Ad Valorem Revenues may be enforced in a court of competent jurisdiction in accordance with the remedies set forth herein. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Issuer from pledging in the future its Non- Res. #2007 -R -10 ORL1 \PFCP \940187.2 37318/0017 12 Ad Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non -Ad Valorem Revenues, nor does it give any holder of the Note a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Issuer. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the prior payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt instruments). Anything in this Resolution to the contrary notwithstanding, it is understood and agreed that any obligation of the Issuer hereunder shall be payable from the portion of Non -Ad Valorem Revenues budgeted and appropriated as provided for hereunder and nothing herein shall be deemed to pledge ad valorem tax revenues or to permit or constitute a mortgage or lien upon any assets owned by the Issuer and no Holder nor any other person, may compel the levy of ad valorem taxes on real or personal property within the boundaries of the Issuer. Notwithstanding any provisions of this Resolution or the Note to the contrary, the Issuer shall never be obligated to maintain or continue any of the activities of the Issuer which generate user service charges, regulatory fees or any Non -Ad Valorem Revenues. Neither this Resolution nor the obligation of the Issuer hereunder shall be construed as a pledge of or a lien on all or any legally available Non -Ad Valorem Revenues of the Issuer, but shall be payable solely as provided herein and is subject in all respects to the provisions of Section 166.241, Florida Statutes, and is subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Issuer. SECTION 9. AVAILABILITY OF NOTE PROCEEDS; COSTS. The Note proceeds are available solely for the purposes provided herein and consistent with the requirements of Florida law, including the Act. The money received from the proceeds of the Note shall be applied to pay the costs of the authorized expenditures, and, at the election of the Issuer, the costs of issuance of this Note. SECTION 10. NOTEHOLDER NOT AFFECTED BY USE OF NOTE PROCEEDS. The Holder of the Note shall have no responsibility for the use of the proceeds of the sale of the Note, and the use of the Note proceeds by the Issuer shall in no way affect the rights of such Owner. SECTION 11. SALE OF NOTE. The Note is hereby awarded and sold at negotiated sale to the Bank at the Purchase Price. The applicable officers of the Council are authorized, in their discretion, to execute and deliver agreements, certificates or documents related to the issuance of the Note, including a waiver of right to jury trial, to the extent deemed necessary by the Holder. SECTION 12. TAX EXEMPTION; QUALIFIED TAX - EXEMPT OBLIGATION DESIGNATION. The Issuer covenants that it (i) will not use the proceeds of the Note in any manner which would cause the interest on the Note to be or become includable in the gross income of the owner thereof for federal income tax purposes or cause the Note not to be a "qualified tax - exempt obligation ", (ii) will not do any act or fail to do any act which would cause the interest on the Note to become includable in the gross income of the owner thereof for federal income tax purposes or cause the Note not to be "qualified tax - exempt obligations ", and (iii) will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Note from the gross income of the owner thereof for federal income tax purposes, Res. #2007 -R -10 ORUTFCM940187.2 37318/0017 13 including, in particular, the payment of any amount required to be rebated to the United States Treasury pursuant to the Code. The Clerk, or his designee, is authorized to make or effect any election, selection, choice, consent, approval or waiver on behalf of the Council with respect to the Note as the Council or the Issuer is required to make or give under the federal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or characterization of the Note or interest thereon or assuring compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments of penalties thereon, or making payments in lieu thereof, or obviating such amounts or payments, as determined by such officer, or his designee. Any action of such officer, or his designee, in that regard shall be in writing and signed by such officer, or his designee. The Issuer shall be responsible for determining any rebate to the United States Treasury which is required by Section 148 of the Code. However, if the Issuer fails, in the Owner's judgment, to properly determine such rebate amount then the Owner may, at the Issuer's expense, hire counsel, accountants or experts which the Owner, in its sole discretion, determines advisable to determine the amount, due dates and any other rebate requirements and the Issuer shall remit such rebate amount to the federal government not later than the due date thereof. The Owner will not be liable for any failure to comply with Section 148 of the Code. The Owner shall not be liable for any failure of the Issuer or the Council to comply with Section 148 of the Code with respect to the Note. The Council hereby designates the Note as a "qualified tax - exempt obligation" as defined in Section 265(b)(3)(B) of the Code. SECTION 13. REMEDIES OF HOLDER. Upon the occurrence and during the continuation of any Event of Default, the Owner may declare any and all amounts due under the Note and this Resolution to be immediately due and payable. In addition to any other remedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the Issuer or by any officer thereof. SECTION 14. OTHER COVENANTS. The Issuer covenants that, so long as the Note remains outstanding: A. As long as any amounts remain outstanding under the Note, the Issuer shall deliver to the Holder (a) a copy of its audited financial statements, including without limitation, balance sheets, income statements, statements of financial condition, cash flows and changes in equity, for the Fiscal Year then ended no later than 270 days after the end of each Fiscal Year; (b) a copy of the accountant's management letter received by Issuer from its accountant; and (c) a copy of its budget for each fiscal year not later than November 15 of each such year. In addition to all other rights and remedies that the Holder has upon the occurrence of an Event of Default, the Holder may by notice to the Issuer assess the Issuer a late fee upon each failure by the Issuer to deliver financial statements or information within the time periods set forth in this Section. Such fee shall be in an amount not to exceed $500.00 per occurrence. The Issuer shall pay such fee no later than ten days after the Holder has notified the Issuer of such assessment. Res. #2007 -R -10 ORUTFM940187.2 14 37318/0017 The Holder may assess the late fee on successive occasions based upon any successive failures to deliver financial statements or financial information within the periods required herein. The Issuer will maintain a system of accounting in accordance with generally accepted accounting principles, and will furnish a certificate of the independent certified public accountants preparing the Issuer audited financial statements addressed to the Owner stating either (i) that during the course of their preparation of the financial statements of the Issuer nothing came to their attention which led them to believe that the Issuer was in default under the Note documents, or (ii) the nature and extent of any matter which led them to believe that such default had occurred. The Issuer shall also provide the Owner with such other financial information as it shall reasonably request from time to time. Such information may include, but is not limited to, financial information relating to the authorized expenditures financed with proceeds of the Note. B. The Issuer covenants to maintain adequate insurance with respect to any project, if any, financed with proceeds of the Note (a "Project ") and its operations, to comply with federal and State laws applicable to its business and operations and the Project, shall maintain the Project in good condition and working order and shall promptly provide the Bank with written notice of any environmental claim or the occurrence of an Event of Default under the Note, this Resolution or any other obligations of the Issuer to the Bank in connection with the transactions contemplated by this Resolution. C. The Issuer will immediately give the Owner written notice of any Event of Default or an event which with the passage of time would become an Event of Default under the Note documents. SECTION 15. AUTO - DEBIT. The Issuer hereby authorizes the Bank to automatically deduct the amount of any payment due under the Note from any of the Issuer's accounts now or hereafter maintained with the Bank. If the funds in such account are insufficient to cover any payment, the Bank shall not be obligated to advance fluids to cover the payment. The Bank or the Issuer may at any time terminate the automatic payment provisions set forth herein by notice to the other party. SECTION 16. BANK FEES AND EXPENSES. The Issuer agrees to pay, and save the Owner harmless against liability for the payment of, all out -of- pocket expenses arising in connection with this transaction (including any renewals or modifications relating hereto), and the fees and expenses of the Owner's counsel, provided, however, that such fees and expenses of Owner's counsel shall not exceed $6,000. If an Event of Default shall occur, the Issuer shall also pay all of the Owner's costs of collection, including court costs and fees of attorneys and legal assistants (whether incurred in connection with trial or appellate proceedings). The Issuer authorizes the Owner to make advances under the Note to pay all such expenses. SECTION 17. MODIFICATION AND AMENDMENT. No modification or amendment of this Resolution or of any resolution amendatory hereof or supplemental hereto may be made without the consent in writing of the Holder of the Note; provided, however, that Res. #2007 -R -10 ORL1\PFCP \940187.2 1 37318/0017 no consent of the Holder shall be required for amendments made to cure any ambiguity, formal defect or omission in this Resolution. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions and in no way affect the validity of all the other provisions of this resolution or of the Note issued hereunder. SECTION 19. REGULARITY OF PROCEEDINGS; COMPLIANCE WITH STATUTES. The adoption of this Resolution and the issuance and delivery of the Note has been duly authorized by the Council, and all conditions, acts and things necessary and required by the Constitution and laws of the State or otherwise, to exist, to have happened, or to have been performed precedent to and in connection with the execution and delivery of the Note, and precedent to and in connection with the adoption of this Resolution, do exist, have happened and have been performed in regular form, time and manner. SECTION 20. ARBITRATION. The parties agree to the following arbitration provisions: (a) These arbitration provisions govern the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (i) this Agreement (including any renewals, extensions or modifications); or (ii) any document related to this Agreement (collectively a "Claim "). For the purposes of this arbitration provision only, the term "parties" shall include any parent corporation, subsidiary or affiliate of the Bank involved in the servicing, management or administration of army obligation described or evidenced by this Agreement. (b) At the request of any party to this Agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the "Arbitration Act "). The Arbitration Act will apply even though this Agreement provides that it is governed by the law of a specified state. The arbitration will take place on an individual basis without resort to any form of class action. (c) Arbitration proceedings will be determined in accordance with the Arbitration Act, the then - current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association or any successor thereof ( "AAA "), and the terms of this paragraph. In the event of any inconsistency, the terms of this paragraph shall control. If AAA is unwilling or unable to (i) serve as the provider of arbitration or (ii) enforce any provision of this arbitration clause, any party to this Agreement may substitute another arbitration organization with similar procedures to serve as the provider of arbitration. Res. #2007 -R -10 ORL1\P M940187.2 1 37318/0017 V (d) The arbitration shall be administered by AAA and conducted, unless otherwise required by law, in any U.S. state where real or tangible personal property collateral for this credit is located or if there is no such collateral, in the state specified in the governing law section of this Agreement. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars ($5,000,000), upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of tile close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed, judgment entered and enforced. (e) The arbitrator(s) will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall he determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. (f) These arbitration provisions do not limit the right of any party to: (i) exercise self -help remedies, such as but not limited to, setoff (ii) exercise any judicial or power of sale rights, or (iii) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. (g) The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing party, thereafter to require submittal of the Claim to arbitration. (h) By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit this Agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Res. #2007 -R -10 ORLIIP M940187.2 1 37318/0017 SECTION 21. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. After Motion to approve by and second by the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED, APPROVED AND ADOPTED this 13th day of August, 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 Res. #2007 -R -10 ORL1 \PFCP \940187.2 1 O p 37318/0017 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of August, 2007 under Agenda Item No. 7 EXHIBIT A [FORM OF NOTE] ANY HOLDER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION (HEREIN DEFINED) CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATION D THEREUNDER. Not to Exceed $1,500,000 CITY OF EDGEWATER, FLORIDA REVENUE NOTE, SERIES 2007 Issue Date: Draw Date (defined herein) Maturity Date: [July 1, 2014] A -1 ORL1 %PFCP \829239.2 37318/0014 KNOW ALL MEN BY THESE PRESENTS that the City of Edgewater, Florida (the "Issuer "), a municipal corporation created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or its registered assigns (hereinafter, the "Holder "), the principal sums advanced hereunder in an amount not to exceed $1,500,000, together with interest on the outstanding principal balance of this Note at such interest rates described below based upon a 360 -day year for the actual number of days elapsed. Unless sooner paid in accordance with the terms of this Note, all outstanding amounts under the Note shall be due and payable on [July 1, 2014]. Principal of and interest on this Note is payable in lawful money of the United States of America at such place as the Holder may designate to the Issuer in writing. Capitalized terms used herein but not defined shall have the respective meanings set forth in that certain Resolution duly adopted by the Issuer on , 2007 as from time to time amended and supplemented (herein referred to as the "Resolution "). Interest shall initially accrue on the outstanding principal balance of this Note from the date of the initial drawing under this Note (the "Draw Date ") at a variable interest rate equal to 67% of the 30 -day LIBOR plus 75 basis points (0.75 %), but in no event shall it exceed the Interest Rate Limit (the "Variable Rate "). This Note shall initially be issued in the line of credit mode in an amount not to exceed $1,500,000, and the Issuer promises pay to the Owner interest on amounts outstanding from the date funds are drawn at the Variable Rate. No principal payments shall be required by the Issuer while the Note is in the line of credit mode. The Variable Rate shall be re- adjusted monthly on the first day of each month, by the Owner. The Owner shall notify the Issuer of the Variable Rate which will be applicable during the next calendar month by sending written notice to the Finance Director at the beginning of such interest rate period, and shall identify the beginning date and ending date of such period in the notice. The initial Variable Rate shall be determined on the date two Business Days prior to the first Draw Date. Such interest shall be paid quarterly on the first day of each October, January, April and July, commencing after the first Draw Date, and thereafter until conversion to the term loan mode as provided herein. Draws under this Note, unless an Event of Default, or event that with the giving of notice or the passage of time would constitute an Event of Default, then exists, may be made at any time until conversion to a term loan mode as described below, but no more than once in any given calendar month and for an amount no less than $100,000 (unless said draw is made when the amount of the remaining line of credit is less than $100,000, in which case that draw shall be in the amount of the remaining amount of the line of credit) such draws shall occur by wire transfer at no cost to the Issuer. The Owner shall fund such draw request within 5 days of receipt of the request, and each draw shall be noted on the Schedule A attached to this Note. While this Note is in the line of credit mode, the Issuer agrees to pay the Owner a fee based on the principal amount available under this Note subtracted by the average principal amount drawn under this Note during the preceding month times 0.20 %. Such fee shall be calculated by the Owner and shall be invoiced to and payable by the Issuer monthly. On any date, the Issuer may elect to convert this Note to a term loan, provided that on [July 1, 2009], this Note shall convert to a term loan. Conversion shall not be honored by the Owner if an Event of Default, or event that with the giving of notice or the passage of time would constitute an Event of Default, then exists. The interest rate on this Note upon conversion A -2 ORL1 \PFCP \829239.2 37318/0014 2 to a term loan shall be equal to 67% of the 5 year U.S. Dollar Swap Ask plus 65 basis points (0.65 %) and shall be calculated as of the date two Business Days prior to such conversion. The principal of and interest on this term loan shall be payable quarterly of the first day of each October, January, April and July, commencing on first day of the next succeeding quarter following a conversion. Upon conversion to term loan mode, the Owner shall provide an amortization schedule to the Issuer that, with the approval of the Finance Director, such approval not to be unreasonably withheld, shall provide substantially level annual debt service payments until the Maturity Date if such conversion occurs on [July 1, 2009], or for a period of 5 years if such conversion occurs prior to [July 1, 2009]. Such amortization schedule shall be attached to this Note as Schedule B. This Note is subject to optional prepayment by the Issuer in accordance with the terms of the Resolution. At least thirty (30) days prior to the optional prepayment date, written notice of any such prepayment shall be mailed, postage prepaid to the registered Holder at the address appearing upon the registration books of the Issuer. If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Holder. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the Holder, and the balance thereof shall apply to principal. THIS NOTE DOES NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE HOLDER OF THIS NOTE THAT SUCH HOLDER SHALL NEVER HAVE THE RIGHT TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE ISSUER OR TAXATION OF ANY REAL OR PERSONAL PROPERTY THEREIN FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS NOTE OR THE MAKING OF ANY OTHER PAYMENTS PROVIDED FOR IN THE RESOLUTION. This Note is issued pursuant to Article VIII, Section 2 of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Edgewater, Florida and the Resolution, and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution including without limitation remedies in the Event of Default are by this reference thereto incorporated herein as a part of this Note. Payment of the Note is secured by a covenant to budget and appropriate Non -Ad Valorem Revenues of the Issuer. This Note may be exchanged or transferred by the Holder hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Resolution. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. A -3 ORUTFM829239.2 37318/0014 3 If (i) the interest on this Note becomes includable in the gross income of the Holder for Federal income tax purposes (an "Event of Taxability ") because of any amendments to existing law which would adversely affect the Holder's after -tax yield, or (ii) the Note shall not be "a qualified tax exempt obligation" as defined in Section 265(b)(3) of the Internal Revenue Service Code of 1986, as amended (the "Code "), then the Holder shall have the right to declare any and all amounts due under this Note immediately due and payable or to adjust the interest rate with the same after -tax yield as if the events in (i) or (ii) had not occurred in accordance with the terms of the Resolution. This adjustment shall survive payment of this Note until such time as the federal statute of limitations under which the interest on this Note could be declared taxable under the Code shall have expired. For so long as this Note is owned by the Holder, the interest rate set forth above assumes a maximum corporate tax rate of 35 %. In the event of a change in the maximum corporate tax rate, so long as this Note is owned by the Holder, or its successors and assigns, the Holder shall have the right to adjust such interest rate in order to maintain the same after -tax yield. The interest rate on the Note is also subject to adjustment in accordance with the terms of the Resolution. [NO FURTHER TEXT THIS PAGE] A -4 ORL1 \PFCP \829239.2 t 37318/0014 A IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida has caused this Note to be executed in its name by the manual signature of its Mayor and attested by the manual signature of its City Clerk, and its seal to be impressed hereon, all as of this day of , 2007. A -5 ORL1\PFCP \8292392 37318/0014 CITY COUNCIL CITY OF EDGEWATER, FLORIDA (SEAL) By: Michael L. Thomas, Mayor ATTEST: By: Robin L. Matusick Susan J. Wadsworth, CMC City Clerk Paralegal A -5 ORL1\PFCP \8292392 37318/0014 SCHEDULE A Date of Transaction Principal Drawing Issuer's Initials (not required) Principal Prepayments Outstanding Principal Balance / /2007* $ $ $ * Initial Draw Date. A -6 ORLt\P M940187.2 37318/0017 EXHIBIT B FORM OF PURCHASER'S CERTIFICATE This is to certify that Bank of America, N.A. (the "Purchaser ") has not required the City of Edgewater, Florida (the "Issuer ") to deliver any offering document and has conducted its own investigation, to the extent it deems satisfactory or sufficient, into matters relating to business affairs or conditions (either financial or otherwise) of the Issuer in connection with the issuance of its Revenue Note, Series 2007 dated , 2007 in an aggregate principal amount of not to exceed $1,500,000 (the "Note "), and no inference should be drawn that the Purchaser, in the acceptance of said Note, is relying on Bond Counsel or Issuer's Counsel as to any such matters other than the legal opinion rendered by Bond Counsel, Broad and Cassel, and by Issuer's Counsel, . Any capitalized undefined terms used herein not otherwise defined shall have the meaning set forth in that certain Resolution No. adopted by the City Council of the Issuer on , 2007 (the "Resolution "). We acknowledge and understand that the Resolution is not being qualified under the Trust Indenture Act of 1939, as amended, and the Note is not being registered in reliance upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933, as amended (the "Securities Act "), Section 517.051(1), Florida Statutes, and /or Section 517.061(7), Florida Statutes, and that neither the Issuer, Bond Counsel nor Issuer's Counsel shall have any obligation to effect any such registration or qualification. We are not acting as a broker or other intermediary, and are purchasing the Note as an investment for our own account and not with a present view to a resale or other distribution to the public. We understand that the Note may not be transferred except to a bank, savings association, insurance company or other "accredited investor" as described below in accordance with the restrictions set forth in the Note. We are a bank as contemplated by Section 517.061(7), Florida Statutes. We are not purchasing the Note for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of Chapter 517, Florida Statutes. We are an "accredited investor" as such term is defined in the Securities Act, and Regulation D thereunder. DATED this day of , 2007. BANK OF AMERICA, N.A. By: Name Its: 1231 0RUNKCR940187.2 7 37318=17 Todd A. Morley Senior Vice President EXHIBIT C FORM OF DISCLOSURE LETTER The undersigned, as purchaser, proposes to negotiate with the City of Edgewater, Florida (the "Issuer ") for the private purchase of its Revenue Note, Series 2007 (the "Note ") in the principal amounts of not to exceed $1,500,000. Prior to the award of the Note, the following information is hereby furnished to the Issuer: 1. Set forth is an itemized list of the nature and estimated amounts of expenses to be incurred for services rendered to us (the "Bank ") in connection with the issuance of the Note (such fees and expenses to be paid by the Issuer): Broad and Cassel Bank Counsel Fees — $6,000 2. (a) No other fee, bonus or other compensation is estimated to be paid by the Bank in connection with the issuance of the Note to any person not regularly employed or retained by the Bank (including any "finder" as defined in Section 218.386(l)(a), Florida Statutes), except as specifically enumerated as expenses to be incurred by the Bank, as set forth in paragraph (1) above. (b) No person has entered into an understanding with the Bank, or to the knowledge of the Bank, with the Issuer, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the Issuer and the Bank or to exercise or attempt to exercise any influence to effect any transaction in the purchase of the Note. 3. The amount of the underwriting spread expected to be realized by the Bank is $0. 4. The management fee to be charged by the Bank is $0. 5. Truth -in- Bonding Statement: The Note is being issued primarily to finance the costs of unexpected capital and emergency expenditures and other expenditures serving a public purpose that are permitted under the Act and the Code and that are authorized by the City Council of the Issuer and approved by bond counsel of the Issuer. Unless earlier redeemed, the Note is expected to be repaid at the end of seven (7) years. At an assumed interest rate of % and further assuming that the entire authorized amount was drawn on the date hereof, total interest paid over the life of the Note is estimated to be The Note will be payable solely from Pledged Revenues pledged by the Issuer under and as described in Resolution No. adopted by the Issuer on , 2007 (the "Resolution "). See the Resolution for a definition of Pledged Revenues. Based on the above assumptions, issuance of the Note is estimated to result in an annual average of approximately $ of revenues of the Issuer not being available to finance other services of the Issuer during the life of the Note. C -1 ORL1 %PFCP \940187.2 1 37318/0017 1 6. The name and address of the Bank is as follows: Bank of America, N.A. 390 North Orange Avenue, Suite 900 Orlando, Florida 32801 IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on behalf of the Bank this day of , 2007. BANK OF AMERICA, N.A. By: Name: Todd A. Morley Its: Senior Vice President C -2 ORL1 \PFCP \940187.2 2 37318/0017 EXHIBIT D FORM OF DRAW REQUEST City of Edgewater, Florida Revenue Note, Series 2007 Amount Requested: $ Aggregate Amount drawn to date: $ 1. The Issuer hereby certifies that proceeds from this Draw have been or will be used for lawful purposes for the in accordance with the provisions of Resolution No. of the City of Edgewater, Florida adopted on , 2007 (the "Resolution ") and has not been the basis of any previous disbursement; 2. The Issuer hereby certifies that no Event of Default, or event that with the giving of notice or the passage of time would constitute an Event of Default, exists. 3. Unless otherwise noted, all capitalized terms herein shall have the meanings assigned to them in the Resolution. This day of , 200_. 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D to (o D a c m v C7 Q 6 (D k (D (D N O O r r r A m O O O j j OD 6Ni 00) (0 A A -4 O v A J W (p W O (p O 0) W 0) O co O 0) O O O O O O O (0 O (O O 00 W W O W W O CP O Ot O W W O N A W J A Cl) N O (O O co O W W l.J W 0 0) A v W m W O W W O O AGENDA REQUEST Date: July 20, 2007 PUBLIC HEARING RESOLUTIONS BOARD APPOINTMENT August 13, 2007 CONSENT ITEM DESCRIPTION: ORDINANCE OTHER BUSINESS Appointment of a Board member to the Citizen Code Enforcement Board appointment. BACKGROUND: The Edgewater Citizen Code Enforcement Board has an open position for the Board. Board member Gene Mirabella has recently resigned for personal reasons and his term was due to expire on May 21, 2010. The remaining term of Gene Mirabella is now vacant. STAFF RECOMMENDATION: Staff recommends the City Council fill the Citizens Code Enforcement Board vacancy for the remaining term to expire on May 21, 2010. ACTION REOUESTED: Motion to appoint a citizen to fill the Citizens Code Enforcement Board vacancy for the remaining term to expire on May 21, 2010. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Respe„ fly submit d, 5hontella Jackso oard Coordinator Citizen Code E rcement Board YES NO X AGENDA ITEM NO.: Williams City Manager Robin Matusick Paralegal Gene Mirabella 1708 Willow Oak Dr. Edgewater, FL 32132 July 18, 2007 Mayor Mike Thomas City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32141 Dear Mayor Thomas: It is with regret that I tender my resignation from the Citizen Code Enforcement Board, effective immediately. I am grateful for having had the opportunity to serve on the board of this fine organization for the past few years, I offer my best wishes for its continued success. Sincerely, Gene Mirabella APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name_ /141mo'yb .T. 8tac-k Spa. 0�'1 -07A11 :53 RCVD 1 Address 33-a-9 nt �±4 I QED jej ✓C �d�t.wsFtC Home Phone 38 (0_ Yet? - "3,3S0 Business Phone 334v - -,X->-4p- Occupation. 3HNX N &fy A GL=:/L - / j�}�i6�. or- E-g;C_4 Are you a registered voter? I E.5 Voting District_ 4 Are you a resident of Edgewater? q E 5 How long ?_ 9 y F /+/z:5 Is your principal place of employment in Edgewater?—/y 0 If yes how long ?. Briefly state your interest in serving on a City board or committee: Q—,-- State your experience /qualifications dFFjCEh, �6 A.✓k CAI 3-"r &0 yin- 'jc `� F,✓ v� sv��g�� Are you employed by the City? hr 0 Do you hold public office? ff 0 At the present time, do you serve on any other Boards or committees? If so, list each: �JD PF Have you ever served on any boards or committees? 55A A'C# r i `' n 0"-r re ('ye y 4 L "' le If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANIMAL CONTROL BOARD _LCITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD —2- ECONOMIC DEVELOPMENT BOARD PENSION BOARD (2- 10 -04) GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD RECREATION & CULTURAL SERVICES PLANNING & ZONING BOARD POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name —M at i e �., . P0, Y– i 5 Home Phone �4�[L - �'��, - Business Phone Occupation_ Are you a registered voter? Voting District Are you a resident of Edgewater? _ P S How long? �, I� Is your principal place of employment in Edgewater'? If yes how long? Briefly state your interest in serving on a City board or committee:: lv ea�, r� t <-- V\ ir\�9- • E?A — ` —'0 c� c�:d i ,.c,.y �InTc tV� �t'v'c.S: t State your experience /qualifications i t 6vkek as a h �1d tin. Rss � �� : h a Q� � � 4 � � Q� �; t� j �G •� GA�� c+x, 19 v`s bgz�Ov e e P V Cffi 6- • �"E wl l ©r�- h•�-�ctt'�•nc�\ ,�.�.�rsF.�p S�;1i1 c). hcx.tr�. C�NG"t{r.:c� ce !�- �ed.;�oC.:�a;ti'�oc��cxccs'� Are you employed by the City?_LDo you hold public office ?L, At the present time, do you serve on any other Boards or committees? If so, list each:_ X yn ylc Q- i �t � `�2 - ►YU i c� V� t ( `' ` t I�r, a'1 w S ; ��i'\' (J e 1 Have you ever served on any boards or committees 0� "V se SW) F po to ea v-s cuhd CL VY\, a u U- %-e- W- tk ca , �� , a� � � � acv Cvcv ; ►1Gi Fo y- If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIUD 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 -_CITIZEN CODE ENFORCEMENT BOARD `CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD (REVISED (2 -1 GENERAL EMPLOYEES PENSION BOARD 1910 7_: RECREATION & CULTURAL SERVICES PLANNING & ZONING BOARD POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE APPLICgT10N FQRfAPPOINTMENT TCt Fax TO: 4242909 FAGS: ooz of ooz CITY BOARDS AND COMMITTEES wress Satre Phone_ � % % --• -� Business Phone 'cuPRticm e you a registered Voter? Voting District e you a resident of Edgewater? rS Flow long ?_ ,row principal place of employment in Edgev.,rek '?�� ,cs how long? e8Y state your interest in serving on a City board orcomnrittea: —7 -- le your experience /qualifications /�,1� /� rt you employed by the City ? "_Dv you hold public office? the Present time, do you serve on any other Boards or committees? .A/e o, list each: ✓e you Guru' served on any boards or oommiu=? o. list each: )ARD AND COMMTT i EE f4EMAERS MAY BE THE STATE, REQUIREiD TU �EANCIAL DISCLOSURE FORMS EACH YEAR) FILE V1rITFF EASE INDICATE THE BOARDS OR COMMITTEES YOU w' D RANK THEM ACCORDING TO CHOICE BY NUMBEIIj OULD LIKE TO SERVE ON ANIMAL CONTROL BOARD .26 wimow CITUEN CODE ENFORCEMENT BOARD CONSTRUCTION REGULATION BOARD ECONOW DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD nature VISED -10-7W GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD — RECREATION & CULTURAL SERVICES PLANNING & ZONING BOARD POLICE PENSION BOARD _VETERANS PARK Ar)V, C0IvIIvgrrEE f THE CITY OF EDGEWATER POST OFFICE BOX 100 -EDG jjW jjX f jr 32132 -0100 z. 07 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME G#A 4- L S i/ • R mt° D ADDRESS 1 7 1 8 U 1 T A fJ Z» 1 j2 HOME PHONE obi ' SR r% BUSINESS PHONE 0CCtTP.ATION ,L:5 )n Asa/ # e, G�YL Are you a resident of Edgewater_�L_�How long to fri a�d�. d Is your principal place of employment in Edgewater? (V C) if yes how long? Briefly state your interest fe ",4 i'hlq can a City board, agency or committee S F Yi 1 J p ::; C dG 4i I' Ga cc1- a L State r xperin�tions �"��e nJ �UGK /C i w'b :rs , 1w i3 us7yvCdS tt'4� �x ik. v > y "P <Ks'ow 7 ir7c5 r DeP-2- A mBw m eZ i '!t s�!i; .. G. � -9- fZc Are you a registered VOt$r Are you emplbye'd by the City? Do you hold }public office ?'_tv� At the pre e l % mo d Y•,R,u e If c� r� i �tt�cr ardsT t encies, or commit tees ?I "so, fist °'�i:�� Have you.ever.wservt. �oards, agenc�''es, or cpnmltt'ees? If so, list ea ^h. or (BOARD, AGENCY AND C '!TEE �RS AY BE SQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURZr. -FVRMS 'EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER GENERAL EMPLOYEES PENSION BOARD ,►,, /�ANIMAL CONTROL BOARD LIBRARY BOARD 1JI_CITIZEN CODE ENFORCEMENT BOARD RECREATION & CULTURAL SERVICES CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD oLk /POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE SIGNATURE V / • %La o- DATE • �7 -9 - D 4 ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 1 -02) /D'd,3 NAM APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES ISO 3c�C 231 NPR SrKyi �.� �� 3-1-70 tea: ADDRESS 13Z�d I �a�PI pry �a lm �r� �� Lac- 4 F, 3z,-3 n ` c�• HOME PHONE 4423 --L5/6 BUSINESS PHONE 386 - < X L / y 16 OCCUPATION -5tujE,A t- ^� Are you a resident of Edgewater S How long 1-7 N A Is your principal place of employment in Edgewater? 4- if yes how long ?, Briefly state your interest in serving on a City board, agency or committee: 10 of �. �1a�. 5 r,, : S t ,"c IV--1 {S�t�ate your experience /qualifications '20,51 N1a'� 1c, r►(� /-►i s�� -�o0] / 6r��JG to -D`� 0L A A pcI 'IO/ 1-4c- `i ✓1 6E�✓s1e0.6or e ,, e -e G, rt� �N � D %y► �G tl o ✓l r.' t' a /0 M e. kil � e r a Co01Ccr 7Dew«xC,t _Cxe��t;ve �� ,� ttee Are you a registered voter? �eS Are you employed by the City? 1"° Do you hold public office? iv � At the present time, do you serve on any other Boards, Agencies, or committees? If so, list each: 'V� luS a �r"yN oc �n )c C e C U -E1 U Have you ever served on any boards, agencies, or committees? A©lf so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD !CITIZEN CODE ENFORCEMENT BOARD q CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD !-FIREFIGHTERS PENSION BOARD 10 GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD RECREATION & CULTURAL SERVICES 5 PLANNING & ZONING BOARD 1� POLICE PENSION BOARD (? VETERANS PARK ADV. COMMITTEE 02 /d - 0 THE CITY OF EDGEWATER POST OFFICE BOX 100- EDGEWATER, :FLORIDA 32132 -0100 APPLICATION FOR APPOIN7eNT 'TO CITY BOARDS OR COMMITTEES C_E• �.i ADDRESS_ V How P80NEL � ?j (, � � �j.. BUSINESS PHONE OCCUPATION Are you a resident of Edgewater How long Is your principal place of employment in Edgewater? Briefly St i if yes how long? ate your interest in serving on a'City board or committee: V�, O1`J tv State your experience /qualifications S IFQ MIER FINE o_ -N`e Are you a registered voter? Are: you employed by the City ?L0._Do you hold. public office? (a At the present time, do ou serve on any other Boards or committees? If so, list each Have you ever served on any boards, agencies, or committees ?____,_If list each:, so, (BOA -RD AND COWITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS: EACH YEAR) PLEASE INDICATE BOARDS. OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING. TO CHOICE BY NUMBER IMAL CONTROL BOARD CITIZEN CODE ENFORCEMENT BOARD CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE SEE REVERSE SIDE FOR BOARD AND COMMI GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD RECREATION & CULTURAL SERVICES - PLANNING & ZONING BOARD POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE DATE: C� LISTINGS (2- 10 -03) I Z S.IV , PUBLIC HEARING CONSENT AGENDA REQUEST Date: August 1, 2007 RESOLUTION ORDINANCE OTHER BUSINESS X CORRESPONDENCE ITEM DESCRIPTION: Enter into contracts with Progressive Contractors, Inc. and Halifax Paving, Inc. for the necessary improvements required for Parktowne Industrial Center, Rowan Way (Driveway `A') and Base Leg Drive (Massey Parcel) Improvements, Bid No. 07- ES -02. BACKGROUND: In March 2007, the Finance Department was instructed to work with the engineering firm, Quentin L. Hampton Associates, Inc., to prepare a bid for Parktowne Industrial Center, Rowan Way (Driveway `A') and Base Leg Drive (Massey Parcel) Improvements, Bid No. 07- ES -02. Three firms responded to the bid request. Quentin L. Hampton Associates, Inc. reviewed the submittals and suggested the City utilize the services of Progressive Contractors, Inc. for the improvements relating to Rowan Way (Driveway `A') and Halifax Paving, Inc. for the improvements relating to Base Leg Drive (Massey Parcel). STAFF RECOMMENDATION: Staff recommends entering into contracts with Progressive Contractors, Inc. to complete the improvements relating to Rowan Way (Driveway `A') for the amount of $367,865.00 (which was the lowest bid) and Halifax Paving, Inc. to complete the improvements relating to Base Leg Drive (Massey Parcel) for the amount of $1,347,556.35 (which was the lowest bid). Both jobs will exclude the additional alternate work. ACTION REQUESTED: A motion to enter into contracts with Progressive Contractors, Inc. and Halifax Paving, Inc. and authorize the City Manager to execute the same, along with the Intent to Award and the Notice to Proceed. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, r vn renda Dewees Deputy Director of Environmental Services YES AGENDA ITEM NO. Concurrence: NO X City Manager RICHARD W. FERNANDEZ, P.E. MARK A. HAMPTON, P.E. BRAD T BLAIS, P.E. DAVID A. KING, P.E. ANDREW M. GIANNINI, P.E. Malecia Williams City of Edgewater P.O. Box 100 Edgewater, FL 32032 Quentin L. Hampton Associates, Inc. Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129 -0247 April 23, 2007 CITY OF EDGEWATER PARKTOWNE INDUSTRIAL CENTER, ROWAN WAY (DRIVEWAY "A ") AND BASE LEG DRIVE (MASSEY PARCEL) IMPROVEMENTS BID NO. 07 -ES -02 Dear Ms. Williams, TELEPHONE 386/761 -6810 FAX # 386/761 -3977 Email: glha@glha.com Enclosed is the certified bid tabulation for this bid which was opened on April 18, 2007. We have reviewed all three bids and found only one anomaly. Progressive Contractors bid a higher than allowed amount for the Mobilization item on the Rowan Way portion. They bid $20,000 or 5.44% of their total bid amount. This item was to be limited to a maximum of 5% of the total bid. Other than this one issue, the bids appeared fair and balanced. All three bidders and their proposed subcontractors are well known by our firm and the City. All three bidders are very capable and have successfully completed similar projects. The bid tabulation includes the various resulting bid totals for the various allowable combinations of individual bid parts. The bid documents stated that the City had the right to bid parts A and B together or separate. Part A34 is a bid alternate item for Part A which involves the trenchless crossing of Parktowne Boulevard versus open cutting and patching the road for the gravity sewer main installation. The bids for this item were all additive in amounts ranging from $11,250.00 to $20,000.00. It is our opinion that the City should not award the additional alternate work. The trenchless Grossing would result in less impact to the industrial park traffic but the original work (open cut and patch) requires the maintenance of traffic which will allow for traffic to maintained /accommodated during construction. EW59 bid tab and recommend letter el The lowest overall construction cost to the City would be to award Part A to Progressive Contractors and Part B to Halifax Paving for a total overall cost of $1,715,421.35. The lowest total combined (A and B) bid to a single contractor is $1,761,303.35 to Halifax Paving. The City would incur incremental higher costs to administer two separate contracts and would "assume" a certain amount of risk of having two separate contractors working in the same area. The difference between the lowest overall cost and the lowest single contractor cost is $45,882.00. We recommend either bid award scheme. The City should compare the $45,882 difference versus the other factors. Contact our office if you have any questions. Sincerely, QUE ON ASSOCIATES, INC. t David A. King, P.E. Project Manager DAK:el Enclosure cc: Mark Hampton, QLH EW59 bid tab and recommend letter el H z w w O w cL G J w U a a Z W z °tea a LL Q N J O W ; w Q w o� �z Ow J U LL J a w� Q wz_ ow W z LL 3.1 00 >- Y F- U Q C. 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Q CL U) H Z ww G W O w d E J W NUN f. i. a CL } W Q N O W W ❑ o 00 w Z J ❑ W m W a m 1 } >a i W ❑ } 2a 7 z Q O of r- 0 O O_ O U U y Lam' U (E C O U a) Ln Q) m 0 m C a Z x O (6 T- D m a H m ❑ W lz H W U Q (9 m O) 11i W 00 0 0 0 0 0 0 0 0 0 0 0 o 0 d cc 00 0 000 0 o(D O o 0 0 0 0 CD N 0 0 0 0 0 O 0 o 0 0 0 0 0 00 0 0 LO 0 o 0 n 0 O 0 O Q M V LO O o Lo 0 o 0 o r O a o C r 00 c V N - Lo LO LO o M O O M M r Or- (1) LO NN CO H H) Lfl 64 to U3 t) (A 69 V) fA Lfl EA 69 64 6% 0 0 0 o O O O o 0 0 LO O o y CD CD 00 0 000 o LD r-- O 0 U - O O 00 M O 0 O 0 O O 0 O o O LP LO m M 0 0 O O O d LO LO N O o 0 co co LO O 7 67 V) 6v 6q 69 EA EA U) U3 0) 69 6f vi 0 0 0 0 O O O O O o 0 0 0 O O y o o O O O O O O O o 0 0 o O O U O Cl) O O o 0 0 0 O O O O to O O • M O LO O O LO o LO O o 0 0 N L) h Q V M LO (D O f� LO r LO o LO 0 0 N N 14 C) CO M(f O N r (D -- 0 N O V 0 V V N IT M n (fi 69 V) 00 00 0 OOLO O000 0 LO LO. 0 0 0 O O r LO o Lo o 0 d N M O O O O O (D - N O O O U O a1 LO LO O � o N o LO 4') C) r LO O N a v r- o v D (n Ef) 69 6v 6`3 fA 64 69 EA fA !fj ff) Ef) 0 0 0 0 O o 0 0 0 0 0 0 to 0 0 a) 0 0 O O O o 0 0 O o o O Cl 0 0 V 0 o O O O O O O O O O o (D O O o 00 LO OO(D 0opph 00 d M O C) O N LO O LO LO O LO O to o 0 (D M LO O (D O I-- r N N N r- o ' O O N N LO 7 1F M co M H n Ff3 (t) ER FA w fA 64 ua Lfl tf> (A Ki 6% ffl 69 0 0 0 0 O o o p 0 0 0 0 0 0 0 O O O o 0 LO LO .- LO O O d V LO O r 00 O 0 O 0 LO N O N O O r- r N O O O O o O LO (D O O o o v o LO M D ;a 69 '1 69 V) V) Ef) EA 613 61) (f) U) " m Ef) a) y m d LL LL LL LL Q LL Cf) D J J J J W J J 0 (n (n CO J d J •c 7 A o f" >` C'j O M N O O O O LID 0 00 0 ' y 'a 6 O In m 1.3 O N y C A E O N - c4 w m U N co N m O o U x N (C O n a C 2 U) Q C T o LL t- E c > L a •- 6 O LL LL 0 C 2i 2i N U) EL��a m w -° m _ >O _ C Cn (n O J> a) y @ O Q O U) LL 7 «a N U a) iII N O c CO a E Q) � U 3 c a (D J L In CL E N y (n (n N m y O a) ?i M U c y t ) o O d (0 (6 C C a) 0 C a) .3 C E C co fp 7 c� n n 0 in °' a� Q c� cn @ J N cn �= i y w`a� a) N m N p Q @ N m a) a) C) B y a) a) a) Q 2 y (4 ;_0 ; E N @ N (0 N N '7 = YD N U C O C Q C `= C 1] C C __ C C —m F" C _ Q a a) 'a a Q) 7. -c -c C 'c in y J W c Q L z C f6 LL c0 N L O L U aS ID (6 O y F L N p L y p � °E L W U C L N U` C L N L N L L V) W O w (O m OE L y m 0 EoL DEv CEEr m 3 7 7 7 7 O 7 7 7 7 a) m 7 a) LL (O�LL (O JLL LL (GULL LL LL LLU �wLL (nom 0 - Z j J d f� ao LT O N M V LO (D Q' M N N N N co M M M M M M w Q N j J O Q (9 m O) 11i W M Ell SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Edgewater, Florida, a municipal corporation, hereinafter called the OWNER, and hereinafter called the CONTRACTOR. OWNER and CONTRACTOR, in consideration or the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CITY OF CITY OF EDGEWATER, FLORIDA PARKTOWNE INDUSTRIAL CENTER, DRIVEWAY `A' IMPROVEMENTS BID NO. 07 -ES -02 The general scope of this project includes the construction of 460 linear -foot of roadway, a 730 linear -foot drainage system, a 525 linear -foot gravity sanitary system, a 730 linear -foot potable water system, a 10 HP lift station, and associated facilities and appurtenances. ARTICLE 2. ENGINEER The Project has been designed by Gierok Engineering, Inc., who is hereinafter called ENGINEER and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work shall be Substantially Complete (accepted placement of asphalt, testing and acceptance of stormwater, potable and gravity sewer systems, and completion of start -up testing of lift station) in one hundred fifty (150) consecutive calendar days from the effective date of the Notice to Proceed as provided in paragraph 2.03 of the General Conditions (Commencement of Contract Time; Notice to Proceed). 3.2 The Work shall be Finally Completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions (Final Payment and Acceptance) within one hundred fifty (150) consecutive calendar days from the effective date of the Notice to Proceed as provided in paragraph 2.03 of the General Conditions (Commencement of Contract Time; Notice to Proceed). 3.3 DELETED. 3.4 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions (Change of Contract Price, Change of Contract Time). They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. EW -29 00500 -1 (05/22/06) Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Hundred dollars ($300.00) for each day that expires beyond the time specified in paragraph 3.1 above for substantial completion and Five Hundred dollars ($500.00) for each day that expires beyond the time specified in paragraph 3.2 above for final completion (readiness for final payment). 3.5 In addition to the liquidated damages, there shall be additional damages paid by the Contractor to the Owner for inexcusable delays by Contractor. These actual delay damages will include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with such settlements, awards, delay penalties, regulatory fines or penalties, and contract damages. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds at the lump sum Contract Price of dollars and 00 /100 cents (words) (numbers) or unit prices presented on the Bid Form, Schedule of Bid Items attached to this Agreement. 4.2 The CONTRACTOR agrees that the Contract Price is a stipulated sum except with regard to those items in the Bid which are subject to unit prices and agrees to perform all of the WORK as described in the CONTRACT DOCUMENTS, subject to additions and deductions by Change Order, and comply with the terms therein for the lump sum price stated in the attached Bid Schedule of the Bid Form. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Condi- tions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER on or before the fifteenth day after the end of each month for which payment is requested as provided in paragraphs 5.1.1 and 5.1.2 below. All such progress payments will be on the basis of the progress of the Work measured by the Schedule of Values established in paragraph 2.07 of the General Conditions (Initial Acceptance of Schedules) (and in the case of Unit Price, Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5. 1.1 Prior to Substantial Completion (paragraph 3.1 above), progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions (Progress Payments). EW -29 00500 -2 (05/22/06) Ninety percent (90 %) of the value of Work completed, and ninety percent (90 %) of the value of materials and equipment not incorporated into the Work but delivered and suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions; with the balance of the value of the Work being retainage. At the sole discretion of the Owner, after fifty percent (50 %) of the Work is completed, further monthly progress payments may be made in full, with no additional retainage, provided that: (a) Contractor is making satisfactory progress, and (b) Contractor is in full compliance with the currently accepted progress schedule, and (c) there is no specific cause for greater withholding. However, the Owner may subsequently resume retaining ten percent (10 %) of the value of Work completed and materials delivered if, in the sole determination of the Owner, the Contractor is not performing according to the Contract Documents or not complying with the current progress schedule. 5.1.2 Upon Substantial Completion in an amount sufficient to increase total payments to CONTRACTOR to 95 percent (95 %) of the Contract Price (with the balance of the Value of the Work being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions (Progress Payments). 5.2 Final Payment - Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions (Final Payment), as supplemented, OWNER shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2 %) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the ENGINEER. ARTICLE 6. INTEREST All monies not paid when due as provided in Article 14 of the General conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data. " 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. EW -29 00500 -3 (05/22/06) 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in Section 00200 "Information Available to Bidders ". CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. 7.5 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.9 CONTRACTOR shall perform work with a value of not less than fifty percent (50 %) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work are attached to this Agreement, made a part hereof and consist of the following: 8.1 This Agreement (Section 00500) (pages 1 to , inclusive). 8.2 Exhibits to this Agreement (sheets to , inclusive). 8.3 Performance Bond, Payment Bonds and Certificates of Insurance (Sections 00610, 00620 and 00650, respectively). 8.4 Notice of Intent to Award and Notice to Proceed (Sections 00840 and 00841, respectively). EW -29 00500 -4 (05/22/06) 8.5 General Conditions (Section 00700 - NSPE - ACEC Document 1910 -8 (1996 Edition), as modified and supplemented. 8.6 Supplementary Conditions (Section 00800). 8.7 Project Manual bearing the general title "CITY OF EDGEWATER, FLORIDA, PARKTOWNE INDUSTRIAL CENTER, DRIVEWAY `A' IMPROVEMENTS, DATED JUNE 2006" and consisting of Divisions 0 through 17, as listed in the Table of Contents thereof. 8.8 Drawings consisting of a cover sheet and the sheets bearing the following general title: CITY OF CITY OF EDGEWATER, FLORIDA PARKTOWNE INDUSTRIAL CENTER, DRIVEWAY `A' IMPROVEMENTS BID NO. 07 -ES -02 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (Section 00300) (pages 1 to , inclusive). 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) . 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All applicable provisions of State and Federal Law, all Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.03 and 3.04 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.03 and 3.04 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 (Definitions) of the General Conditions shall have the meanings indicated in the General Conditions, as modified in the Supplementary Conditions. 9.2 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. EW -29 00500 -5 (05/22/06) 9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. 9.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. (Remainder of Page Left Blank Intentionally) EW -29 00500 -6 (05/22/06) IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on his behalf. This Agreement will be effective on 20 OWNER: THE CITY OF EDGEWATER IN VOLUSIA COUNTY, FLORIDA By: City Manager Witness: Witness: CONTRACTOR: By: Name: (Type) Title: (SEAL) Attest: Title: (If CONTRACTOR is a corporation, attach evidence of authority to sign). FOR USE AND RELIANCE ONLY BY THE CITY OF EDGEWATER, FLORIDA Address for giving notices: (Owner) CITY OF EDGEWATER, FLORIDA Address for giving notices: (Contractor) MS. ROBIN MATUSICK CITY ATTORNEY'S OFFICE 104 N. RIVERSIDE DRIVE EDGEWATER, FLORIDA, 32132 (Phone) (386) 424 -2403 Florida State Contractor's License No. Agent for Service of Process: Approved as to form and legality 20 City Attorney City of Edgewater END OF SECTION EW -29 00500 -7 (05/22/06) PUBLIC HEARING, CONSENT AGENDA REQUEST Date: August 1, 2007 RESOLUTION ORDINANCE OTHER BUSINESS X CORRESPONDENCE ITEM DESCRIPTION: Award contracts to B & H Consultants, CPH, Professional Engineering Consultants, Inc., Quentin L. Hampton Associates, Inc., and Tindale- Oliver & Associates, to perform continuing professional engineering consulting services. BACKGROUND: In May 2007 the Finance Department was instructed to prepare a Request for Proposal for continuing professional engineering services for the City. Thirteen firms responded to the RFP and the Engineering Selection Committee reviewed the proposals submitted and selected the five most qualified firms to provide services for the City. STAFF RECOMMENDATION: Staff recommends entering into contract negotiations and award contracts to B & H Consultants, CPH, Professional Engineering Consultants, Inc., Quentin L. Hampton Associates, Inc., and Tindale- Oliver & Associates for continuing professional engineering services to cover the remainder of the current fiscal year in addition to the next three fiscal years ending September 30, 2010, with an option for extension of services at the end of the three years. Staff also recommends Quentin L. Hampton Associates, Inc. to be considered as the City engineer. ACTION REOUESTED: A motion to award contracts to the above five firms and authorize the City Manager to execute the agreements. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, renda Dewees Deputy Director of Environmental Services YES NO X AGENDA ITEM NO. Concurrence: City Manager DG3Q�Q PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES QUENTIN L. HAMPTON ASSOCIATES, INC. This Agreement is made and entered into this day of , 2007, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "CITY "), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100 and QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Engineer "), P.O. Drawer 290247, Port Orange, FL 32129 -0247 PREMISES WHEREAS, the City wishes to employ a professional engineering firm to assist the City relating to various engineering projects /assignments, and, WHEREAS, the City desires to employ the Engineer in connection therewith upon terms and conditions hereinafter set forth, and the Engineer is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in June 2007, the City advertised for "Requests for Proposals" from qualified engineering firms; and WHEREAS, during the City Council meeting on , 2007, Council authorized selection of five (5) engineering firms for continuing professional services in accordance with the "Consultants' Competitive Negotiation Act" (CCNA) pursuant to §287.055, Florida Statutes (2005); and WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State of Florida. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, City and Engineer agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Engineer agrees that it shall diligently and timely perform professional services as requested by the City. Engineer understands that the City may request these professional services on an as- needed basis and that the requested services may require preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning ( stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with (Agreement/Engineer- Quentin L. Hampton -2007) 1 comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects (to include but not limited to: Roberts Road widening, southern ground storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio -solid treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police/Fire facility.) Upon request for professional services by the City for a specific project, the Engineer shall provide the City with a Scope of Work and detailed itemization of costs and time required to perform those tasks as outlined in the Scope. Upon approval by the City, the Scope of Work, costs and time relating to the Project will be specifically set out and incorporated into a Work Order to be issued under and become a part of this Contract. This Contract standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Contract when it is determined to be in the best interests of the City to do so. The Engineer or his/her designee as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Engineer shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering services hereunder, without cost to the City, and upon approval by the City. The Engineer, however, shall not sublet, assign, or transfer any Work under this Contract without the written consent of the City. 2. TIME FOR COMPLETION The services to be rendered by the Engineer shall be commenced, upon receipt of the Notice to Proceed and Work Order to be issued hereunder, and shall be completed within the time specified therein. In the event the Engineer is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer to the City no later than 48 hours after such occurrence. In the event there are delays on the part of the City or regulatory agencies as to the approval of any work product submitted by the Engineer, which might delay the project's scheduled completion date, the City shall grant to the Engineer in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether or any extension of the time for performance should be awarded to the Engineer. (Agreement/Engineer- Quentin L. Hampton -2007) 2 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Engineer shall be in the form of Work Orders issued by the City. Each Work Order shall describe the Project, the services required, and shall establish the method of payment and time frame. 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion of the Work required under the appropriate Work Order issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Engineer may invoice the full final amount of compensation provided for under the terms of the Work Order less amounts already paid by the City. All invoices, whether partial or final billing, shall be accompanied by appropriate documentation of work accomplished to date. Upon approval of such payment request submitted by the Engineer, City agrees that it will make its best efforts to pay the Engineer within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Engineer shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. B. At the end of each month the Engineer may submit an invoice for services rendered during that month relating to the Project outlined in the appropriate Work Order. At no time shall the invoices exceed the total amounts negotiated for each task as outlined in the Scope of Services /Work Order regardless of actual hours worked toward completion of the authorized services. C. The City may perform, or cause to have performed, an audit of the records of the Engineer after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Engineer may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Engineer. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. D. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer will be adhered to by the (Agreement/Engineer- Quentin L. Hampton -2007) 3 Engineer. Copies of such grants shall be furnished to Engineer. E. The Engineer agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. F. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Engineer shall refund such overpayment to the City within thirty (30) days of notice by the City. 5. CHANGES IN SCOPE OF WORK City or Engineer may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under a particular Work Order or this Contract. Such changes and method of compensation must be agreed upon in writing by written Change Order to the Work Order or this Contract prior to any deviation from the terms of the Work Order or the Contract, including the initiation of any extra Work. Such changes, shall not bind the City unless executed with the same formality as the respective Work Order or this Contract. Written Change Orders shall be in form and content acceptable to the City. 6. SUBCONSULTANTS /SEPARATE CONSULTANTS: If the Engineer desires to employ Subconsultants in connection with the performance of its Services hereunder: A. Any proposed Subconsultants shall be submitted to the City for written approval prior to Engineer entering into a Subconsultant Agreement. B. Engineer shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer shall be and remain responsible for professional quality preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance (Agreement /Engineer - Quentin L. Hampton -2007) 4 with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects (to include but not limited to: Roberts Road widening, southern ground storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio -solid treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police/Fire facility.) C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Engineer's duties commensurately with Engineer's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer from any of its duties under this Agreement. Engineer shall provide the City with copies of all Subconsultant Agreements upon request of the City. D. Engineer shall cooperate at all times with the City and its other planning consultants or design professionals, and cooperate and coordinate with, and incorporate the Work product of, any separate Engineer /Consultant, planning consultant or design professional retained by the City, in any fashion appropriate or necessary to a Project within the Project Budget and Schedule. 7. RESPONSIBILITY OF THE CITY City shall furnish the Engineer with all existing data, plans, maps, and other planning information available and useful in connection with a proposed project on file with the City which shall be returned to the City upon the completion of the services to be performed by the Engineer, unless such data, plans, maps, and other planning information are necessary for daily operations; then such information shall be promptly reproduced or copied by the Engineer and returned to the City. 8. RESPONSIBILITY OF THE ENGINEER A. Engineer shall be responsible for professional quality relating to preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects (to include but not limited to: Roberts Road widening, southern ground storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio -solid (Agreement/Engineer- Quentin L. Hampton -2007) 5 treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police/Fire facility.) Engineer shall, without additional compensation, correct or revise any errors or deficiencies in the planning, designing and re- development or other services produced pursuant to this Agreement. B. Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Engineer's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. C. In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of this action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees. D. The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 9. REPRESENTATIVE OF CITY AND Engineer: A. It is recognized that questions in the day -to -day conduct of performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day -to -day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. B. Engineer shall, at all times during the normal work week, designate or appoint one or more representatives who are authorized to act in behalf of the Engineer regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. (Agreement/Engineer- Quentin L. Hampton -2007) J C. For purposes of this Agreement only, designated Engineer representative is: David King, P.E. Quentin L. Hampton Associates, Inc. P.O. Drawer 290247 Port Orange, FL 32129 -0247 (386 761 -6810 (386) 761 -3977 FAX 10. NON - EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into the contracts with other engineers to provide similar services as those identified herein. 11. TERM OF THE CONTRACT: The term of this Contract shall be for three (3) years from the date first written above. The City, with the mutual agreement of the Engineer may elect to renew the contract for three (3) additional terms of one (1) year each. Engineer shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. 12. TERMINATION: A. The City may, by written notice to the Engineer, terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Engineer to fulfill his Agreement obligations. Upon receipt of such notice, the Engineer shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise); and 2. Deliver to the City all data, plans, maps, reports, schedules, summaries, and such other information and materials as may have been accumulated by the Engineer in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Engineer shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Engineer to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Engineer's breach and all (Agreement/Engineer- Quentin L. Hampton -2007) h attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph B of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer. E. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that the Engineer or any employee, servant, or agent of the Engineer is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Engineer for or on behalf of the City. It is understood and agreed that in the event of such termination, the Engineer shall be compensated for services rendered under this Contract up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this contract in the event that the Engineer shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Engineer's creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Engineer shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Engineer under law. 13. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, the Engineer shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Engineer for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer or Subconsultants, anyone directly or indirectly (Agreement/Engineer- Quentin L. Hampton -2007) employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Engineer shall obligate the Engineer to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. C. The City will require that any engineer /consultant, performing work in connection with data collection, plans, maps, reports, schedules and summaries produced under this Agreement, agrees to hold harmless and indemnify the City and Engineer, their consultants and each of their officers and employees from any and all losses or damages arising out of the Engineer's (or subconsultant's) performance of the work described in the preparation of any documents, but not including liability that may be due to the negligence of the City, the Engineer, their subconsultants, or their officers and employees. 14. INSURANCE: A. Engineer shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation insurance, Employer's Liability insurance, Comprehensive General Liability insurance, and Professional Liability insurances as will assure to the City, the protection contained in the foregoing Indemnification undertaken by Engineer. Such policy or policies shall be issued by companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Florida. Engineer shall specifically protect the City by naming the City as an additional insured under the Comprehensive General Liability Insurance policy hereinafter described. (1) Professional Liability Insurance: The limits of liability provided by such policy shall be no less than ONE MILLION AND NO /100 DOLLARS ($1,000,000.00) to insure and hold harmless the City under the indemnification specified in Section 13. (2) Comprehensive General Liability Insurance: The limits of liability provided by such policy shall be no less than FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) to insure and hold harmless the City pursuant to the indemnification specified in Section 13, for which Consultant is not insured under the terms of its Professional Liability Insurance above specified in Section 14(a). Such insurance (Agreement/Engineer-Quentin L. Hampton -2007) Z coverage shall include, but not be limited to the following: (a) Public Liability Insurance - shall protect the Engineer, its agents and employees from claims for damages for personal injury including accidental or wrongful death, as well as property damage, which may arise from performance or services under this Agreement. The limits of liability provided by such policy or policies shall be no less than ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) for injuries, including accidental or wrongful death, to any one person, and subject to the same limit for each person an amount not less than TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) for any one occurrence. (b) Property Damage Insurance - Engineer shall carry liability limits of at least ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) for damages for any one claim and TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) for damages for any one occurrence. (3) Engineer shall provide to City a Certificate of Insurance required by this Section showing that the City has been named as an additional insured under such policies, or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies. Such policies shall be provided by an insurer acceptable to the City and the deductible amounts of such policies shall also be subject to acceptance by the City. (4) Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non - renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Engineer shall also notify City, in a like manner, within twenty -four (24) hours after receipt of any notices of expiration, cancellation, non - renewal or material change in coverage received by said Engineer from its insurer; and nothing contained herein shall absolve Engineer of this requirement to provide notice. (b) The City of Edgewater Comprehensive General additional named insured. (Agreement /Engineer- Quentin L. Hampton -2007) 10 shall be endorsed to the required Liability policy or policies as an (c) The insurance requirements shall remain in effect throughout the term of this Agreement. B. Said insurance shall be evidenced by delivery to the City of a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies. C. OTHER: City will require that any Engineer performing work in connection with the project for which Engineer is providing professional services, hold harmless, and indemnify City, Engineer, their consultants, and each of their directors, officers and employees from any and all losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Engineer's performance of the work described in preparation of any documents, but not including liability that may be due to the negligence of City, Engineer, their consultants, or their directors, officers and employees. City will require the Engineer to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Engineer's indemnity, as above required; and such insurance shall include City, Engineer, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance, which might be applicable to any loss, the amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. 15. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original maps and all other data, prepared or obtained by the Engineer in connection with its services hereunder shall become the property of the City. The Engineer shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Engineer. 16. REUSE OF DOCUMENTS: A. Wherever and whenever applicable, all data, documents including maps furnished by Engineer pursuant to this Agreement may be reused by the City for future projects. B. Should the City determine that significant benefits would accrue from such reuse, Work Order(s) will be negotiated on that basis. (Agreement /Engineer - Quentin L. Hampton -2007) 11 C. City shall have the right to reuse the data, documents and maps and contract with other parties, not the Engineer. Such reuse will be without need of written approval of the Engineer, however, Engineer shall not be held professionally responsible for any such reuse. City shall indemnify and hold Engineer harmless for any and all damages resulting from such reuse. D. If the City elects to reuse the documents and engage the professional services of the Engineer for future work, Engineer agrees to perform said services for a mutually agrees upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Work Order for future work shall require that a "Clerk -of -the- Works" be employed pursuant to the Scope of Work, compensation for his/her services shall be negotiated as part of that Work Order. If any modifications are required to adapt the documents, compensation for such work shall be negotiated. 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: Legal Department City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132 -0100 (386)424-2403 If to Engineer: David King, P.E. Quentin L. Hampton Associates, Inc. P.O. Drawer 290247 Port Orange, FL 32129 -0247 (386) 761 -6810 (Agreement/Engineer- Quentin L. Hampton -2007) 12 With Copy to: City Manager City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132 -0100 (386)424 -2404 18. EQUAL OPPORTUNITY EMPLOYMENT: Engineer agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 19. NO CONTINGENT FEES: Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 20. COMPLIANCE WITH § 287.133, FLORIDA STATUTES: Engineer shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Engineer shall comply with all Federal, State and Local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. 22. CONFLICT OF INTEREST: Consultant agrees that at the time of the execution of this Contract it has no employment or agreement, oral or written, with any third party relating to any interests which are in conflict with or otherwise inconsistent with any interest or position of the City of Edgewater. Further, Consultant shall not accept during the term of this Contract any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of the City of Edgewater. Notwithstanding the foregoing, Consultant may accept employment or retainers from third parties whose interests appear conflicting or inconsistent with those of the City of Edgewater if, after full written disclosure of the facts to the City of Edgewater, the City of Edgewater determines that the apparent conflict shall not interfere with the performance of the work within the Scope of Work by the Consultant. (Agreement/Engineer- Quentin L. Hampton -2007) 13 23. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 24. ALL PRIOR AGREEMENTS SUPERSEDED: A. This Contract incorporates and includes all prior negotiations, correspondence, conservation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 25. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 26. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Engineer is and shall remain an independent contractor and not an employee of the City. 27. NO THIRD -PARTY BENEFICIARIES: The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 28. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. (Agreement/Engineer- Quentin L. Hampton -2007) 14 29. ATTORNEY'S FEES: If the City is required to institute or defend any legal proceedings in connection with this Contract, the Engineer agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City. IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. WITNESSES: WITNESSES: (Agreement /Engineer - Quentin L. Hampton -2007) 15 CITY OF EDGEWATER, FLORIDA By: Dated: Jon Williams City Manager Robin L. Matusick Paralegal Quentin L. Hampton Associates, Inc. Dated: David King, P.E. PUBLIC HEARING CONSENT ITEM DESCRIPTION: AGENDA REQUEST Date: August 1, 2007 RESOLUTION ORDINANCE OTHER BUSINESS X CORRESPONDENCE Request for approval to enter into a contract with Brown and Brown Insurance to perform as Agent of Record for Employee Benefit Broker Services. BACKGROUND: In June 2007, the Finance Department was instructed to prepare a Request for Qualifications for an Agent of Record relating to Employee Benefit Broker Services for the City. Four firms responded to the RFQ and the Selection Committee reviewed the proposals submitted by these four firms. The decision was made to select Brown and Brown Insurance to provide services for the City. STAFF RECOMMENDATION: Staff recommends entering into a contract with Brown and Brown Insurance to be the Agent of Record relating to Employee Benefit Broker Services to cover the remainder of the current fiscal year in addition to the next three fiscal years ending September 30, 2010, with an option for extension of services at the end of three years. ACTION REQUESTED: A motion to authorize the City Manager to enter into a contract with the above firm and authorize the City Manager to execute the engagement letter with the Brown and Brown Insurance. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, 't A , Donna Looney Personnel Director YES NO X AGENDA ITEM NO. Concurrence: C. Williams Manager ra P M � � � AGENT OF RECORD FOR EMPLOYEE BENEFIT BROKER SERVICES AGREEMENT This Agreement is made and entered into this day of , 2007, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "City"), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida, 32132 -0100 and BROWN AND BROWN INSURANCE, (hereinafter referred to as "Agent or Record "), whose mailing address is 220 S. Ridgewood Avenue, Daytona Beach, Florida 32114. WITNESSETH WHEREAS, the City wishes to employ an Agent of Record to provide broker services to the City and, WHEREAS, the City desires to employ the Agent of Record in connection therewith upon terms and conditions hereinafter set forth, and the Agent of Record is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services NOW, THEREFORE, in consideration of the services to be performed and payments to be made with mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Agent of Record agrees that he will provide expert guidance and advice needed for broker services as stated in Exhibit "A ". The Agent of Record, however, shall not sublet, assign, or transfer any Work under this Agreement without the written consent of the City. Agent of Record will comply with all requirements relating to broker services pursuant to the services described in Exhibit "A" (attached hereto and incorporated herein). Agent of Record will provide the City with copies of all insurance and licenses required by BROWN AND BROWN INSURANCE to perform said services. 2. TIME FRAME The services to be rendered by the Agent of Record shall be commenced, as soon as possible after execution of said agreement, filing of all necessary paperwork, issuance of Purchase Order from the City and a schedule of services, to be provided by the Agent of Record is reviewed and approved by staff from the Personnel Department. (Agreement/Brown & Brown Ins.) Both parties agree that the term of this Agreement is for a three (3) year term to begin upon execution of this agreement. Both parties agree that this Agreement may be amended to include or exclude maintenance to be performed, if both parties are in agreement of said amount. Both parties agree that at the end of this three (3) year term, the Agreement may be renewed/extended on an annual basis for an additional three (3) years with the amount negotiated by both parties. The City reserves the right to review the Agent of Record's performance at any time. This Agreement may be terminated by either party with thirty (30) day written notice. Said notice to include the specifications or areas of dissatisfaction resulting in the termination of this agreement. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Agent of Record shall be upon execution of this Agreement by the City. 4. COMPENSATION It is understood that the Agent of Record will receive compensation from the Carriers selected by the City. The City may perform, or cause to have performed, an audit of the records of the Agent of Record after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Agent of Record and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Agent of Record may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Agent of Record. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Agent of Record will be adhered to by the Agent of Record. Copies of such grants shall be furnished to Agent of Record. The Agent of Record agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work (Agreement/Brown & Brown Ins.) Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Agent of Record shall refund such overpayment to the City within thirty (30) days of notice by the City. IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Dated: Jon C. Williams City Manager Robin L. Matusick Paralegal WITNESSES: BROWN AND BROWN INSURANCE Dated: (Agreement/Brown & Brown Ins.) Thomas M. Martin Senior Vice President PUBLIC HEARING BOARD APPOINTMENT AGENDA REQUEST Date: August 2, 2007 RESOLUTION ORDINANCE CONSENT OTHER BUSINESS 8/13/07 ITEM DESCRIPTION: Contract for purchase of property along Dayton Street and Eaton Road for the Eastern Shores Stormwater Improvement Project in the amount of $46,431. BACKGROUND: On February 23, 2007, the City of Edgewater entered into an agreement with the Florida Department of Environmental Protection to receive a $474,360 grant to perform stormwater improvements around the Eastern Shores Mobile Home Park area. The preliminary scope of work involved installation of exfiltration trenches and baffle boxes to clean up the water before discharging into the 18th Street Canal and ultimately into the Indian River Lagoon. However, soil borings in the areas the exfiltration trenches were to be installed have revealed a water table higher than which exfiltration trenches can be effective. Acquisition of this property will allow the stormwater to be piped and taken to the pond on this property in order to treat the stormwater before discharge. The owner of the property agreed to accept the price that the property appraisers office valued it at. STAFF RECOMMENDATION: Staff recommends purchasing the property in order to continue the design of this project. ACTION REQUESTED: Approve the purchase of property along Dayton Street and Eaton Road for $46,431 and authorize the Mayor or City Manager to execute the documents for the transfer of ownership. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, YES NO XX AGENDA ITEM NO. Brenda L. Dewees Robin Matusick Deputy Director of Env. Services Paralegal c� Ion C. Williams 66 City Manager Message R Matusick Page 1 of 1 From: James Rose [JamesRose @RiceRoseLaw.com] Sent: Wednesday, August 01, 2007 2:51 PM To: J Williams; R Matusick Subject: FW: Morton s/t Edgewater 0 Please find attached the proposed Contract and the proeprty appraiser's read out of the properties at issue. Let me know if questions. James L. Rose, Esquire Rice & Rose, P.A. www. rice roselaw. corn 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 / AVISO DE CONFIDENCIALIDAD THIS E -MAIL (INCLUDING ANY ATTACHMENTS) IS INTENDED ONLY FOR THE RECIPIENT(S) NAMED ABOVE. IT MAY CONTAIN CONFIDENTIAL OR PRIVILEGED INFORMATION 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) ESTA DIRIGIDO ONICAMENTE A LOS DESTINATARIOS ARRIBA SENALADOS. PUEDE CONTENER INFORMACION CONFIDENCIAL 0 PRIVILEGIADA Y NO DEBE SER LEIDO, COPIADO 0 DE OTRA FORMA UTILIZADO POR CUALQUIER OTRA PERSONA. SI LISTED RECIBE ESTA COMUNICACION POR ERROR, FAVOR AVISAR AL REMITENTE Y ELIMINAR EL MENSAJE DE SU SISTEMA. 8/1/2007 CONTRACT FOR SALE AND PURCHASE PARTIES: Michael Morton and Heather Morton husband and wife ( "Seller "), of 2749 Fern Palm Drive, Edgewater FL 32141 (Phone (386) 506 - 4073), and The City of Edgewater ("Buyer"), of (Phone ) hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions which include Standards for Real Estate Transactions ( "Standards ") on the reverse side hereof or attached hereto and riders and addenda to this Contract for Sale and Purchase ( "Contract "). I. DESCRIPTION: (a) Legal description of the Real Property located in Volusia County, Florida: Parcels numbered: 8402 -43 -00 -0610 and 8402 -28 -01 -0030, approximate N 107' of S. 502.84' of W 80' of E 1030' of Lots 2 & 3 Sub of Lot 1 AKA Lot 61 Fullers Unrecorded Sub N and Approximate N 283' of S 393' of W240' of E 1030' of Lots 2 & 3 Sub Lot 1 AKA Lot 54, Fullers Unrecorded Sub No 245, b) Street address, city, zip of the Property is not available II. PURCHASE PRICE:. ..................................... ..............................$ 46,431.00 Payment: a) Deposit held in escrow by Parker -Rose Title Agency, Inc.(Escrow Agent) inthe amount of .................................................. ..............................$ b Balance to close by U.S. Cash, LOCALLY DRAWN certified or cashier's check or third -party loan), subject to adjustments and prorations...................................................................... ............................... $46,431.00 III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before , 2007, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ( "Effective Date ") will be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. FINANCING: (a) This is a cash contract with no contingencies for financing; V. TITLE EVIDENCE: At least 5 days before Closing Date, a title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance shall be obtained by Buyer at Buyer's expense through Parker -Rose Title Agency, Inc. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered thirty days from effective date of this contract, unless modified by other provisions of this Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 71/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for residential purposes. VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): a) _COASTAL CONSTRUCTION CONTROL LINE _ "AS IS" b) _CONDOMINIUM g) _HOMEOWNERS ASSOCIATION DISCLOSURE C) _FOREIGN INVESTMENT IN REAL PROPERTY h) _RESIDENTIAL LEAD -BASED HAZARD INSURANCE TAX ACT I) d) _VA/FHA e) _INSULATION XI. ASSIGNABILITY: Buyer may not assign this contract. XII. DISCLOSURES: a) Radon is a naturally occurring radioactive gas than when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. b) Buyer may have determined the energy efficiency rating of the residential building , if any, is located on the Real Property. 2 c) If the Real Property includes pre -1978 residential housing, then Paragraph X(h) is mandatory. XIII. MAXIMUM REPAIR COSTS: N/A XIV. SPECIAL CLAUSES: 1. This contract is subject to approval by the City Council of Edgewater. 2. The Buyer will pay all closing costs in connection with this contract. City of Edgewater BV: (Seller) SS# Date: SS# (Seller) Date: Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent) BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract. Name: LisbigBroker Cooperating Brokers, if any STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Property, subject only to liens, encumbrances, exceptions or qualifications provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving evidence of title to examine it. If title is found defective, Buyer shall within 3 days thereafter, notify Seller in writing specifying the defect(s). If defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Sellershall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s)s, thereby releasing Buyer and Seller from all further obligations under this Contract. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A Purchase money note and mortgage note to Seller, shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils including within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value, and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreement generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses any encroachment on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. D. TERMITES: N/A E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paragraph VII hereof, title t which is in accordance with Standard A. F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyerwithin that time period in the form of a Seller's affidavit, and buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, delivery and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days immediately preceding date of closing. If the Real Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of construction liens, executed by all general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Buyer. Documentary stamps and intangible tax on the purchase money mortgage, and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided bylaw or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through day before closing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as maybe required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is notfixed and current year's assessments is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of closing, which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement of the public body. N. INSPECTION; REPAIR AND MAINTENANCE: N/A O. RISK OF LOSS: If the Property is damaged, by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title continued at Buyer's expense, to show title in Buyer, without any encumbrances or changes which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyerfails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall, have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer- mortgagor. The escrow and closing procedure required by this Standard shall be waived if the title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCROW: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provision of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provision of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a part because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provision of this Contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non - prevailing party reasonable attorney's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty deed, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII hereof and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. X. PROPERTY MAINTENANCE: PROPERTY ACCESS: REPAIR STANDARDS: ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property including, but not limited to lawn, shrubbery and pool in the conditions existing as of Effective Date, ordinary wear and tear excepted, Seller shall, upon reasonable notice provide utilities service and access to the Property for appraisal and inspections, including a walk- through prior to Closing to confirm that all items of Personal Property are on the Real Property and subject to the foregoing, that all required repairs and replacements have been made and that the Property has been maintained as required by this Standard. All repairs and replacements shall be completed in a good and workmanlike manner in accordance with all requirements of law and shall consist of materials or items of quality, value, capacity and performance comparable to or better than that existing as of the Effective Date. Seller will assign all assignable repair and treatment contracts and warranties to Buyer at closing. Y 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneous with Closing or deferred) with respect to the Property under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party shall cooperate in all reasonable respects to effectuate the Exchange including the execution of documents: provided (1) the cooperating party shall incur no liability related to the Exchange and (2) the Closing shall not be contingent upon, nor extended or delayed by such Exchange. Z BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any licensee involved in the negation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. Volusia County Property Appraiser's Office Page 1 of 2 The Volusia County Property Appraiser makes every effort to produce the most accurate Information possible. No warranties, expressed or Implied, are provided for the data herein, its use or Interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid - August. For Official Tax Roll Values, see the History of Values section within the property record card below. Last Updated: 07 -31 -2007 Today's Date: 8 -1 -2007 Volusia County Property Appraiser's Office Property Record Card {PRC) Morgan B. Gilreath Jr.. M.A., A.S.A., C.F.A. Volusia County FLORMA Property Appraiser Full Parcel ID Short Parcel ID 02- 18- 34 -28 -01 -0030 8402 -28 -01 -0030 INSTRUMENT Mill Group 604 EDGEWATER Alternate Key 3964012 5911 Millage Rate 21.52880 Parcel Status Active Parcel No PC Code 95 Date Created 06 JAN 1982 7/2005 Quit Claim Owner Name MORTON MICHAEL & HEATHER 100 3 Owner Name /Address 1 4388 5/2005 Quit Claim Owner Address 2 2749 FERN PALM DR 100 Owner Address 3 EDGEWATER FL Owner Zip Code 32141 Location Address LEGAL DESCRIPTION GO TOADD'LLEGAL 2 18 34 APPROX N 283 FT OF S 393 FT OF W 240 FT OF E 1030 FT OF LOTS 2 & 3 SUB LOT 1 AKA LOT 54 FULLERS UNREC SUB NO 245 SALES HISTORY GO TO ADDT SALES # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 5911 4846 9/2006 Warranty Deed Multi parcel sale No 40,000 2 5607 638 7/2005 Quit Claim Multi parcel sale No 100 3 5559 4388 5/2005 Quit Claim Multi parcel sale No 100 HISTORY OF VALUES f, GO TOADD'L HISTORY, . YEAR I LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 2,205 0 0 2,205 2,205 0 2,205 2005 1,500 0 0 1,500 1,500 0 1,500 http:// webserver. vcgov.org /egi- binJmainSrch3.cgi 8/1/2007 Volusia County Property Appraiser's Office Page 2 of 2 LAND DATA The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid - August. For Official Tax Roll Values, see the History of Values section above. Land Just Val TYPE OF LAND USE FRONTAGE I DEPTH I # OF UNITS FUNIT TYPE I RATE I DPH I LOC I SHP I PHY I JUST VAL VAC SFR THRU .5 ACRE 80.0 110.0 80.00 1 FRONT FEET 600.00 95 100 100 100 45,696 Exemptions 0 NEIGHBORHOOD COQE 6804 HATCH'S HOMESTEAD 8402 -28 -00 45,696 Previous Taxable Val 40,746 TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 45,696 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE I NUMBER UNITS UNIT TYPE I LIFE I YEAR IN I GRADE LENGTH I WIDTH t DEPR. VALUE PLANNING AND BUILDING PERMIT NUMBER PERMIT AMOUNT DATE ISSUED DATE COMPLETED DESCRIPTION OCCUPANCY OCCUPANCY NBR BLDG NONE TOTAL VALUES The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid - August. For Official Tax Roll Values, see the History of Values section above. Land Just Val 45,696 New Construction 0 Buildings 0 City Econ Dev / Historic Taxable 0 Miscellaneous 0 Total Just 45,696 Total Assessd 45,696 Previous Assessd Val 40,746 Exemptions 0 Total Taxable 45,696 Previous Taxable Val 40,746 MapIT PALMS Map Kiosk MapIT: Your basic parcel record search Including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers Including parcels. Parcel Notes http://webserver.vcgov.org/cgi-bin/mainSreh3.cgi 8/1/2007 Volusia County Property Appraiser's Office Page 1 of 2 The Volusla County Property Appraiser makes every effort to produce the most accurate Information possible. No warranties, expressed or Implied, are provided for the data herein, Its use or Interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed In mid- August. For Official Tax Roll Values, see the History of Values section within the property record card below. Last Updated: 07 -31 -2007 Today's Date: 8 -1 -2007 Volusia County Property Appraiser's Office Property Record Card (PRCI Morgan B. Gilreath Jr.. M.A.. A.S.A.. C.F.A. Volusia County FLORIDA Property Appraiser Full Parcel ID Short Parcel ID _ 02- 18- 34 -43 -00 -0610 8402 -43 -00 -0610 INSTRUMENT Mill Group 604 EDGEWATER Alternate Key 3967984 5911 Millage Rate 21.52880 Parcel Status Active Parcel No PC Code 00 Date Created 06 JAN 1982 7/2005 Quit Claim Owner Name MORTON MICHAEL & HEATHER 100 3 Owner Name /Address 1 4388 5/2005 Quit Claim Owner Address 2 2749 FERN PALM DR 100 Owner Address 3 EDGEWATER FL Owner Zip Code 32141 Location Address PROPERTY LOCATION IS NOT AVAIL LEGAL DESCRIPTION GO TOADDTLEGAL 2 18 34 APPROX N 107 FT OF S 502.84 FT OF W 80 FT OF E 1030 FT OF LOTS 2 & 3 SUB OF LOT 1 AKA LOT 61 FULLERS UNREC SUB N SALES HISTORY f GO TO ADD'L SALES # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 5911 4846 9/2006 Warranty Deed Multi parcel sale No 40,000 2 5607 638 7/2005 Quit Claim Multi parcel sale No 100 3 5559 4388 5/2005 Quit Claim Multi parcel sale No 100 HISTORY OF VALUES GO TO ADD'L HISTORY YEAR LAND BUILDING MISC JUST ASSESSED EXEMPTION TAXABLE VALUE 2006 40,746 0 0 40,746 40,746 0 40,746 2005 19,802 0 0 19,802 19,802 0 19,802 http: / /webserver. vcgov.org /cgi- bin/mainSrch3.cgi 8/1/2007 Volusia County Property Appraiser's Office Page 2 of 2 LAND DATA The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid- August. For Official Tax Roll Values, see the History of Values section above. Land Just Val TYPE OF LAND USE FRONTAGE DEPTH I # OF UNITS I UNIT TYPE RATE I DPH I LOC I SHP I PHY1 JUST VAL SUBMERGED No Data No Data 1.47 ACREAGE 500.00 100 100 100 100 735 Exemptions 0 NEIGHBORHOOD CODE 6804 HATCH'S HOMESTEAD 8402 -28 -00 735 Previous Taxable Val 2,205 TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 735 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE I NUMBER UNITS I UNIT TYPE LIFE YEAR IN GRADE I LENGTH I WIDTH I DEPR. VALUE PLANNING AND BUILDING PERMIT NUMBER PERMIT AMOUNT DATE ISSUED DATE COMPLETED DESCRIPTION OCCUPANCY OCCUPANCY NBR BLDG NONE TOTAL VALUES The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid- August. For Official Tax Roll Values, see the History of Values section above. Land Just Val 735 New Construction 0 Buildings 0 City Econ Dev 1 Historic Taxable 0 Miscellaneous 0 Total Just 735 Total Assessd 735 Previous Assessd Val 2,205 Exemptions 0 Total Taxable 735 Previous Taxable Val 2,205 MapIT PALMS Map Kiosk MapIT: Your basic parcel record search Including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers Including parcels. Parcel Notes http:// webserver. vcgov.org /cgi- bin/mainSrch3.cgi 8/1/2007 Morton Propefty b b 6M'r u w sT 1 + Q N 1 low d IN Volusia County Property Appraiser 123 W. Indiana Ave. Deland, Florida 32720 www.volusia.org /property/ Selected Features HIGHWAYS j,r' Il11MSl JlC wI U.s.11lgh•fflay PARCELS INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: Mayor, City Council & Planning & Zoning Board FROM: Jon C. Williams City Manager C.A. NO.: 2007 -077 DATE: June 18, 2007 SUBJECT: Strategic Plan Attached please find an outline, which identifies /suggests four (4) basic steps toward developing a strategic plan for the City of Edgewater. I have included suggestions and examples for creating a Visioning Committee, a draft Vision Statement and steps for creating a Mission Statement along with conducting a Strategic Planning /Goal Setting Workshop. Upon your review, I suggest further discussion/direction as to whether or not Council would like to proceed in utilizing this format. Please contact me if you have any questions. Four Steps to Building a Strategic Plan Vision Statement — a brief description that represents the ideas of all stakeholders in defining what the future will look like. Step l: Create a Visioning Committee Suggestion: 1 Member from Planning and Zoning Board I Member from Economic Development Board 1 Member from Cultural and Recreation Board I Member from New Smyrna Beach High School Student Government Association I Member from Indian River or Edgewater Elementary Parent Teacher Association 1 Member from Council on Aging I Member appointed at large Step 2: Draft a Vision Statement Example: The City of Edgewater will endeavor to promote responsible commercial, industrial and residential development opportunities to ensure a vibrant Community that provides for the public safety, health and welfare of our current and future Residents; therefore, providing each member of our Community with an opportunity in which they can live, work and play. Step 3: Draft a Mission Statement City Manager and Staff will develop upon Council adopting the aforementioned Vision Statement. Step 4: Strategic Planning /Goal Setting Workshop City Council, Staff and key Stakeholders conduct a planning session, which identifies strategic objectives and goals in conjunction with the City's adopted vision and mission statements. TENTATIVE AGENDA ITEMS AUG 16 - Thur 5 -10 pm - Budget Work Session all funds Budget Process - additional items for review 1) Government Services Group Inc. - discussion regarding a proposal submitted for Fire Services Assessment Program (Phase One) in the amount of $50,000.00 (Council's interest) (was listed under item 9A on the 07 /30th agenda, but put off until budget process 2) Score - asking for $1,500.00 3) Volusia/Flagler Coalition for the homeless - asking for $1.00 per resident 4) The Church Parish Nurse Ministries, Inc. - $5,000.00 5) Women's Care Center of NSB - $10,000.00 AUG 20 (items due Thur 8/09) 2) per 07109 discussion with Ken & receipt of letter - withdrawn 1) 2nd R, Ord #2007 -0 -13, amendment to LDC to include Article XIX (Adult Entertainment) 2) 2nd R, Ord #2007 -0 -14, ballot language 3) Resolution #2007 -R -_, amend the Citizen Code Enforcement By -Laws for election of officers and meeting time. 4) Resolution #2007 -R- , amend the Recreation/Cultural Services Board By -Laws to increase the number of members and a quorum. 5) Shuffleboard Court Report/Update SEPT 10 - (items due 08/30) - previously scheduled for SEPT 3 - LABOR DAY 1) First Amendment to Interlocal Agreement for Public School Facility Planning - amending the Agreement dated March 19, 2003 to comply with Senate Bill 360 and the School Planning Charter Amendment. (Other business) 2) 1" R, Ord. #2007 -0- , adopting final millage rate of —.— mills per $1,000 of assessed taxable value 3) 15S R, Ord. #2007 -0 -, adopting final budget for fiscal year 2007/2008 4) 1" R, Ord #2007 -0 -_, Massey - rezoning (airport area) 5) 1" R, Ord #2007 -0- , Washington Park rezoning SEPT 24 (items due Thurs 09/13) - previously scheduled for Sept 17 1) 2nd R, Ord. #2007 -0 -_, adopting final millage rate of _ _ mills per $1,000 of assessed taxable value 2) 2nd R, Ord. #2007 -0 -_, adopting final budget for fiscal year 2007/2008 3) 2nd R, Ord #2007 -0 -, Washington Park rezoning 4) 2nd R, Ord 42007 -0 -_, Massey - rezoning (airport area) 5) Shuffleboard Court Report/Update OCT 1 (items due Thurs 09/20) 1) Planning & Zoning Board appt - Pat Card 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) 1) CM's reports - Utility Lien issues 1: \I iz_docs \outlines \aitems082007 Rev. 8/01/07 DEC 3 (items due Thurs 11 /22) DEC 17 (items due Thurs 12/06) JAN 7 (items due Thurs 12/27) JAN 21 (items due Thurs 01 /10) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED 1) Massey - annexation (AN -__) 2) Water/Reclaimed Site - lg scale comp plan amend & rezoning 3) SeaGate - Edgewater Lakes Phase II PUD Agreement 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± acres s/w corner of Falcon Avenue & Mariners Gate Court as R -4 (Multi - Family Residential) cont from 6/19, 6B 11) 1 s` R, Ord. #2007 -0 -, 442 rezonings 12) Washington Park preliminary plat approval DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS 1) Subdivision Architectural Design Standards 2) US #1 Corridor Guidelines 3) Capital Improvement Element 4) Recreation/Open Space Element 5) Capital Improvement Plan 1: \liz docs \outlines \aitems082007 Rev. 8/01/07