2026-R-04 - Stormwater Agreement for G-2 & G-11 CanalsRESOLUTION NO. 2026-R-04
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, AGREEING TO A STORMWATER USE
AGREEMENT FOR G-2 AND G-11 CANALS AND
ASSOCIATED IMPROVEMENTS; AUTHORIZING
RECORDING; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
THIS AGREEMENT (the "Agreement") is entered into by and between the
following entities: The CITY OF EDGEWATER, a municipality within Volusia County,
mailing address: 104 N Riverside Drive, Edgewater, FL 32132, ("CITY") and the
COUNTY OF VOLUSIA, a political subdivision of the State of Florida mailing address:
123 West Indiana Avenue, DeLand, FL 32720, ("COUNTY").
RECITALS
WHEREAS, the G-2 and G-11 canals are maintained by the (CITY) City and County
(COUNTY) at different intervals within the City of Edgewater; and
WHEREAS, the G-2 and G-I I canals are owned and maintained by the COUNTY for
mosquito control purposes but may at times serve as vital stormwater conveyance routes
within the Special Flood Hazard area within the City of Edgewater; and
WHEREAS, the G-2 and G-I I canals drainage basin contains approximately 350 acres
of urbanized low land elevations that are especially prone to flooding; and
WHEREAS, during heavy rain events, substantial stormwater combined with
significant tidal surge backflow from the Indian River through the Gabordy Canal and
prevents the G-2 and G- I I canals from effectively preventing flooding; and
WHEREAS, the CITY desires to utilize $14,697,665 in Community Development
Block Grant Mitigation funding to help alleviate flooding by constructing stormwater
drainage improvements and tidal backflow measures; and
WHEREAS, the CITY is requesting the right to make said improvements and maintain
said improvements in their entirety as well as the right to maintain the G-2 and G- I I canals,
including those under COUNTY jurisdiction; and
WHEREAS, the COUNTY expresses desires to grant the CITY the rights necessary to
complete such improvements and perform long-term maintenance; and
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
WHEREAS, COUNTY hereby grants CITY full right -of -entry, access, ingress, and
egress to COUNTY property for construction, maintenance, equipment, machinery,
inspections, and emergency work relating to the G-2 and G-I I canals.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the recitals above, and other good and valuable consideration, the receipt and sufficiency
of which are hereby mutually acknowledged by the parties hereto, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated by reference herein.
2. Parties. All references in this Agreement to CITY and all requirements and entitlements
herein shall also mean, refer to, include and apply to CITY. This Agreement shall be
recorded in the public records of Volusia County, Florida. Exhibit A incorporated within
the Agreement shall serve as the boundary for the G-2 and G-1 I canals.
3. Effective Date. The effective date of this Agreement shall be the date it is fully executed
by both parties. The COUNTY shall execute the Agreement last, after approval by the
County Council.
4. CITY shall:
A. Construct and maintain the stormwater improvements from the HUD CDBG-MIT
Program (Grant #IR024) grant along the G-2 and G- I 1 canals. Additionally, the
CITY shall maintain the G-2 and G-I I canals.
B. Signed and sealed engineering plans shall be provided to the County Engineer for
review and approval. Construction design standards within the COUNTY portions
of G-2 and G-I1 canals shall be in accordance with the County Engineer's
determination of design requirements.
C. The CITY shall make no other improvements to any other canals without the
expressed written approval of the COUNTY.
D. CITY shall not, through construction, maintenance, or failure to maintain, interfere
with the historical flow of water for mosquito control through the G-2 and G-I I
canals.
E. If, at any time while the terms of this agreement are in effect, it shall come to the
attention of the COUNTY, that the CITY is not maintaining the constructed
stormwater improvements in this Agreement and not maintaining the G-2 and G-
11 canals as established herein pursuant to the terms of this agreement, the
COUNTY, may, issue a written notice to the CITY to place the CITY on notice
thereof. Thereafter., the CITY shall have a period of (30) thirty calendar days within
which to commence correction of the cited deficiency or deficiencies and diligently
proceed until cured. If unable to correct the deficiency within the thirty (30) day
commencement period, the CITY shall provide the COUNTY a schedule timeline
within the (30) day commencement period for correcting the deficiency that shall
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
be approved by the COUNTY. If said commencement does not occur within this
time period, the COUNTY may at its option, proceed to maintain the noticed
deficiencies with the COUNTY's own resources or may hire a Contractor's
material, equipment and personnel for a commercially reasonable fee. The actual
cost for such work will be the responsibility of the CITY. The COUNTY will send
an invoice for actual cost to the CITY, which invoice shall be paid by the CITY
within forty-five (45) days of the City's receipt of the invoice.
5. COUNTY shall:
A. Grant to the CITY the right to construct and maintain those stormwater
improvements as stated and defined in Grant #IR024 only to the G-2 and G-11
canals.
B. Grant the CITY the right to maintain COUNTY segments of the G-2 and G-11
canals.
C. COUNTY retains the right to continue to treat the G-2 and G-II canals for
mosquito control purposes and nothing in this Agreement modifies this right.
5.1. OWNERSHIP Clause:
At the conclusion of the construction of improvements as contemplated in this
Agreement, the CITY shall own all improvements constructed under this Agreement.
5.2 CDBG-MIT Compliance Clause:
Because the improvements are funded through the Grant #IR024, the parties agree as
follows:
A. COUNTY shall allow the CITY, HUD, the Florida Department of Commerce, and
their auditors reasonable access to COUNTY property and records for inspection,
construction, and compliance monitoring.
B. CITY shall ensure the project complies with all applicable federal, state, and local
environmental and mitigation requirements and shall complete all required HUD
reporting and documentation.
C. Both parties shall retain project -related records for the federally required retention
period and shall cooperate with any audit or monitoring.
D. COUNTY shall not be responsible for any HUD repayment, penalties, or
enforcement actions arising from CITY's administration of the CDBG-MIT grant,
except for issues caused solely by COUNTY's failure to meet its obligations under
this Agreement.
5.3 FISCAL RESPONSIBILITY
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
This Agreement does not obligate either party to provide funding to the other, nor does it commit
either party to any future financial expenditure unless expressly stated in writing and approved
by the governing bodies of both the CITY and the COUNTY.
5.4 TERM AND TERMINATION:
A. This Agreement shall remain in effect for twenty (20) years from the Effective Date
and shall automatically renew for successive five-year terms unless either party
provides written notice of non -renewal at least 180 days prior to the end of the
current term.
B. If federal or state funding necessary to complete or maintain the project is
withdrawn, reduced, or terminated, the CITY may suspend or terminate its
obligations upon 60 days' written notice to the COUNTY.
C. If either party provides notice of termination, then the COUNTY shall have the
right to perform an inspection and require CITY to maintain or repair any
deficiencies of the improvements placed in the canal by CITY pursuant to this
agreement prior to termination of this Agreement. Alternatively, COUNTY shall
have the right to require CITY to remove any improvements prior to termination
placed in the G-2 and G- I I canals pursuant to this Agreement.
D. Either party may terminate this Agreement if the other party materially fails to
perform its obligations and does not cure such failure within 90 days after written
notice.
5.5 EMERGENCY ACTIONS:
During declared emergencies, storm events, or conditions requiring immediate action to protect
public safety or prevent flooding, the CITY may enter and perform temporary emergency work
on COUNTY segments of the G-2 and G- I I canals without advance written notice. However, the
CITY shall not take any actions that interfere with the historic flow of the G-2 and G-11 canals.
The CITY shall notify the COUNTY as soon as practicable after such entry. Both parties shall
coordinate emergency activities to the extent feasible. Emergency actions taken under this
provision shall not be considered a breach of this Agreement.
6. INDEMNIFICATION:
To the extent permitted by law, the CITY agrees to indemnify, defend and hold harmless the
COUNTY, its agents, officials, and employees against all injuries, death, losses, damages, claims,
liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not
limited to fees and charges of attorneys and other professionals) arising out of the CITY's
construction and maintenance of the improvements on the COUNTY canals shown in Exhibit A
and contemplated in this Agreement. The foregoing is not intended to, nor should it be construed
as a waiver of sovereign immunity of the COUNTY or CITY pursuant to Section 768.28, Florida
Statutes, and the cap on the amount and liability of either party for damages, regardless of the
number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by
the legislature for tort.
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
7. ASSIGNMENT:
No assignment, delegation, transfer or novation of this Agreement or any part thereof shall be
made unless approved in writing by the COUNTY.
8. NOTICES:
Any notice, statement, demand or other communication required or permitted to be
delivered, served or given by either Party to the other shall be deemed delivered, served or
given, if mailed in any general or branch United States Post Office (USPS) enclosed in a
registered or certified envelope addressed to the respective Party, as follows:
TO COUNTY: VOLUSIA COUNTY
ATTN: GEORGE RECKTENWALD
COUNTY MANAGER
123 WEST INDIANA AVENUE
DELAND, FL 32720
COPY TO: TADD KASBEER, P.E.
COUNTY ENGINEER
123 WEST INDIANA AVENUE
DELAND, FL 32720
TO CITY: CITY OF EDGEWATER
ATTN:
COPY TO: CITY OF EDGEWATER
ATTN:
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties
regarding stormwater use for the G-2 and G-1 I canals.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
IN WITNESS WHEREOF, the parties hereto attach their hands and seals to this
Stormwater Use Agreement for the G-2 and G-11 canals, this day of , 2026.
COUNTY OF VOLUSIA, a political
subdivision of the State of Florida
Jeffrey S. Brower, County Chair
Attest
IM
George Recktenwald, County Manager
Approved as to form by:
Paolo Soria
Sr. Assist. County Attorney
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
Exhibit A- G-2 and G-11 Canal Drainage Basin and Canal Segments
G-2 & G-11 Canal Drainage
Basin Service Area +J- 350ac
Indian River
+4-6.2 miles to Atlantic Ocean (Mosquito Lagoon
via Poce De Leon Inlet
I'
Ot
o
G-2 Canal
FGAI—C3nal �. F
1177
Legend
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater
Attest:
City Clerk
By:
Name: G-%c..
Title: C
Approved as to form and legal sufficiency:
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CITY:
CITY OF EDGEWAY4T, a municipal
corporation
By:
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Title: r�ix.�t77
Dated: I-S - 2D2
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Stormwater Use Agreement for G-2 and G11 canals
County of Volusia and City of Edgewater