02-03-2003
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Voting Order
CouncilmanHamnmd
Counci[womanRhodes
CouncihwmanLichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
February 3, 2003
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. AFPROV AL OF MINUTES
None at this time.
3. l)RE~-ENT ATIONS/PROtlAMA TI0NS/P1A~HE~/CER.TIrlCA1'-E~/bONAtl0Ns
A. Recognition of appointed/reappointed Board/Committee members.
B. Mayor ~chmidt proclaiming "February 2003 as library Appreciation Month
and presenting Proclamation to Head Librarian Ruth McCormack, Edgewater
Public Library.
4. CITIZEN COMMENTS
(This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or
le~~.)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Tanya Girvan and Patrick Girvan, owners of No Name
Saloon, 2001 S. Ridgewood Avenue, requesting Special Activity permit for
Bike Week from February 28 through March 9,2003, as well as closing from
106 Boston Road to US 1 March 6 from 3-9:00 p.m., March 7 from 1-9:00
p.m. and March 8 from 3-9:00 p.m.
B. Public Hearing, Richard Stonecipher, owner of Earthquake Magoon's Bar,
132 W. Park Avenue, requesting Special Activity permit for an Oyster Roast
on March 7, 2003, from noon until midnight, with outdoor entertainment
from 2-6:00 p.m.
C. Public hearing, Donald Crawford, applicant for Edgewater United Methodist
Church, 211 N. Rid~ewood Avenue, requestin~ Special Activity permit for
a free Bar",B",Q dinner and outdoor entertainment on March 8, 2003, from 3",
1:00 p.m., and waiver of the $200.00 application fee.
D. Public Hearing, staff recommending approval of the Stipulated Settlement
Agreement between the City of Edgewater and the Florida Department of
Community Affairs (DCA) concerning the 2001 major Comprehensive Plan
Amendment and authorizing Mayor/City Manager to execute the Agreement.
E. ParkTowne Industrial Center, staff recommending adoption of Zoning
Agreement and Purchase and Sale Agreement.
7.
....
BOARD APPO~NTS Q
A. Economic Development Board - Councilwoman Lichter to consider the Board's
consensus to appoint Oscar Zeller to fill the remaining term of Michael Wilson who
resigned.
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8. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
- - - -. - .
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules ofa consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member
A. Western Area Utilities Expansion Project/Alignment Study - staff
recommending approval of the "Study" and requesting authorization for Quentin
L. Hampton Associates, Inc. to proceed with the Final Design and Bidding Phases
of the Froject.
B. Police Departm_en! Purchase - staff recommending authorization to purchase a
16' Police Patrol boat from Boston Whaler in the amount of $14,000 from Folice
impact funds.
9. OTHER BUSINESS
A. Consulting Bngineering Services - staff recommending approval of proposal for
services for the design, permitting, bidding assistance, construction administration
and construction inspection for the Hazelwood River Road Water Main Extension
as sllbmitteci by Quentin L. HamptQn AssoGi~te~, Inc, for th~ ~llm Qf$26,501.55,
and authorize City Manager to execute the engineering Work Order.
to. OFFICER REPORTS
A City Clerk
B. City Attorney
C. City Manager
1) Special Master Discussion
11. CITIZEN COMMENTS/CORRESPONDENCE
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
befQre CQllncU. Please state YQllr name and address, and RI~a~~ limit YQtlX ~Qmm~!!t~
to five minutes or less.
2) All items for inclusion on the March 3, 2003, agenda must be received by the City
Mana-8er's office no later than 4:3Q p.m. Monday, February 24, 2003.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a
verbatim record oj the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting.
F:\agendas\020303reg
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fnclamatinu
(0~~ffJe o~ theuUa~o/l
WHEREAS, our libraries are a cornerstone of Florida's
educational system, providing programs for children, families, adults,
. and elders to enrich their understanding of the world; and
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WHEREAS, libraries provide residents of Florida access.to
important research about health, economics, the environment, and
countless other subjects to support better living conditions and to help
our residents live more productive and fhlfiUing lives; and
. WHEREAS, libraries support a competitive workforce with
basic literacy programs, computers and other resources to help people
learn to find, evaluate and use information they need for their jobs,
health and recreational needs; and .
WHEREAS, the expansion of electronic networks linking
libraries and their resources allows information to be more easily
accessed by library users.
NOW, THEREFORE, I, DonaldA. Schmidt, Mayor of the
City of Edge water, Florida, do hereby proclaim the month of February
2003 as
LIBRARY APPRECIATION MONTH
In .ftl1t.6.6 B!ttrtnf 9 have hefleunto get MY hand and cauged the gfleat
gea~ 06 the City 06 8dgewatefl to be a66txed
(Official Seal)
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 24th day of
January in the Year of Our Lord
two thousand and three
Attest:
Mayor
City Clerk
EDGEW A TER PUBLIC LIBRARY
ANNUAL REPORT
January, 2003
Ten years ago, as computer use grew at an astounding rate, predictions were that
computers would take the place of books, that libraries would become obsolete and
someday cease to exist. That prediction has definitely proved false nationwide, and
especially here in our city. The past decade has been one of change and growth for the
Edgewater Public Library. The past year has been one of milestones.
The library has a staff of 6 full time employees and two part time student workers. There
are currently 58 adult volunteers and around a dozen junior volunteers. These valuable
members of our community give the library nearly 500 hours of time each month, 7000
hours over the past year.
On an average day anywhere from 300 to 600 people walk through our doors. During
2002, nearly 120,000 people visited the library. 20 % of those use our computers to help
locate books and other materials they need. The library's catalog can also be accessed
from home computers where customers can search our holdings, renew items, and place
requests for others. Walk-in customers borrow up to 650 items each day. Many of our
patrons use one of our 10 public access computers to send & receive e-mail, order travel
tickets, get the latest medical information, or simply surf the net. Last year, in-house
computer use by members of the public totaled over 30,000.
The library conducts programs throughout the year for adults and children. Programs for
adults include basic computer classes, local history, gardening, and homeowner issues.
Last year 43 adult programs were attended by 1,765 people. Children's programs range
from toddler to teens. 103 programs for children and teens were attended by 5,664
people.
The library is open 49 hours a week serving the needs of our patrons. We currently house
approximately 45,000 items including books, audio-tapes, CDs, videos, DVDs,
magazines, and newspapers. Our customers have access to 950,000 items in the Volusia
County Library system which can be requested and delivered to our branch at no cost to
the patron. Nearly 170,000 items were borrowed by our customers last year. We have
over 11,000 registered borrowers who have used their library card in the past year.
During the 12 months of 2002 the Edgewater Library issued over 1000 new library cards.
The staff and I are proud to be an important part of such a vital and growing community,
, and happy to continue to serve this community, now and for many years to come.
R~~ L!~
Ruth E. McCormack
Head Librarian
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AGENDA REQUEST
Date: January 16. 2003
PUBLIC
HEARING 2-3-03 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Tanya B. Girvan and Patrick Girvan, owners of No Name Saloon are requesting a Special Activities
permit for Bike Week.
BACKGROUND
The event is scheduled for February 25,2003 through Marc.h 9,2003, with the hours of operation
being from 12:00 p.m. to 9:00 p.m. Outdoor music will be provided, as well as approximately 20
vendors selling food, drinks, and arts and crafts.
The applicant is requesting the Police Department provide two (2) officers on March 7, 2003 from
1:30 p.m. to 6:00 p.m. as well as the closure of Boston Road from 106 Boston Road to U.S.
Highway 1 from March 6, 2003 to March 8, 2003. The Police Department recommends approval
of the closure of Boston Avenue.
The applicant will be responsible for any law enforcement and other expenses the City may incur
during this 10-day event.
Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow the No Name Saloon to have Bike Week activities from February
28,2003 through March 9, 2003, as well as the closing of Boston Road from 106 Boston Road to
U.S. 1 March 6, 2003 from 3:00 p.m. to 9:00 p.m., March 7,2003 from 1:00 p.m. to 9:00 p.m. and
March 8, 2003 from 3:00 p.m. to 9:00 p.m., based on the following conditions:
· The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Ordinance 2002-0-04 (Noise Ordinance).
· All outdoor entertainment/amplified sound takes place between the hours of 1 :00 p.m. and
9:00 p.m. only.
SA-0206 - No Name Saloon
ACTION REQUESTED
Motion to approve the special activities permit to allow the No Name Saloon to have Bike Week 0
activities from February 28, 2003 through March 9, 2003, as well as the closing of Boston Road
from 106 Boston Road to U.S. 1 March 6,2003 from 3:00 p.m. to 9:00 p.m., March 7,2003 from
1:00 p.m. to 9:00 p.m. and March 8,2003 from 3:00 p.m. to 9:00 p.m., based on the following
conditions:
. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Ordinance 2002-0-04 (Noise Ordinance).
. All outdoor entertainment/amplified sound takes place between the hours of 1 :00 p.m. and
9:00 p.m. only.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE: . AGENDA ITEM NO.
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Robin Matusick \. 0
Legal Assistant
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SA-0206 - No Name Saloon
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CITY OF EDGEW ATER '..,~ .,i c ~ tb 2002
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SPECIAL EVENT APPLICATION . ,. J;;l~V' {if Ed;rn:~.,'~st .
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This application must be completed in its entirety and submitted to the Planning Department at
least60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $200/day / ;(. S-.O 2
.----;--- ;) r7 Date
Applicant Name: . J 1+ ij yc L r Q-I- p..; c /( L ~; fl Va.- r-J .
Sponsor/Orgariization Name: )JoN /1 N. (: Sa 10 CA) L. fife J! ~G-e
Applicant/Sponsor Address: cJ (90 IS, 12 I'dgew~l) Ilc/r==r
Address/Location of Event: .. ') Ii 11 e.
Local Contact Telephone Number: 1 ~~ -9 ;) 2. 9 Emergency # If;z. 3 ,/ r 38
Name of Event: h ; j( L: ". ~) e>~ f(
Description of Event: 0 u. -t 0\ 00 IZ tVl u :) lei: lJ.e AI DaRS
o.
Date(s) of Event: ;)-:J.$-{) 3 . J-9-o3 Time(s) of Event:
Set-up/Tear down dates: (if needed): d - d c5-: 0 3
ExpectedAttendance: U /I) k' /Jaw ,J
Will adniission be charged? ( ) Yes (x) No
Will outside live/recorded music or sound amplification be used? ~ Y eS,:,Hours? ~ ( ) No
Will vendors be at the event?~) Yes ( ) No How many? dO .
If yes, please check the following that apply:
~ Food
Jdf - 1,D
3 -J.? -o.~
Alcoholic beverages
Soft drinks
-L Arts/Crafts. -'-
--L- Other(SpeCify)~~u.if/JleJi I
What equipment will be required/used? Check all that apply.
Water
Electricity
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L Barricades
V Trash Cans
(How Many ?)
(How Many?)
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Snec.ial Event AnnliC'Jltinn~-1-02
Which of the following will be used?
Banner
Booth .
Temporary Tents
FireworkslPyrotechnics
Temporary Signs
Canopy
Aniusement Rides
1 Portable Restrooms
7
(How Many?). 10 .
Other (specify)
The fOIlOwin;7a11 accompany lhis application: .
. i Plan submitted to reflect location ~d number of vendors, parkin~ layout,
j. and sanitary facilities. . . .
.. A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
. .
. include, but are no~ limited to the following: trash pick up, utilities, code
enforcement, law enforcement, etc.
The applicant shall post a bond or provide insurance in the amount of
$200,000.00 to ~old the City harmless of any and all liabilities.
Submittal of a listing of all property owners within 500-feet (listing to
inClude names and addresses of all owners and list may be obtained from the
V olusia County Property Appraisers Office).
Type of organization:
Non Profit
L.
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Charitable
For Profit
Federal ID. #
Individual SS #
If you are ~uesting City assistance ~our event.~ desc~be: ~
.? d LL AleS<! d2. ~4./~ ~/ e.-,e,.e-.!!> ~.
;vM~d 0 ~ /~ ~ b 'f?/LZ' .
Sn~cial Rvent AnnliC'.ll.tion'i-l-02
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Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event. .r J;~ ILl ~ 70
~vr~ -$o.s. T~ N J?d,. ~ S~ c:/ ~~d--C ~~~.$L
~/CcA ~A>.;3 7D" ~~~9 ~~J <:?~.3> r
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The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article ill (Noise) of the
City of Edge water Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
. 'remains within the limits of the City Code. If valid noise complaults are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citiZens' complaints, the soUrce of the noise will be terminated.
SignatureOfappli~ . Date:
"
Snecial Event AnnliC'Jl.tion:'i-l-02
3
DECEMBER 28TH 2002
TO WHOM IT MAY CONCERN;
THE OWNERS OF THE NO NAME SALOON, PATRICK
J.GIRVAN AND TANYA B. GIRVAN DO HAVE MY
PERMISSION TO USE MY LOT ON THE NORTHEAST
CORNER OF BOSTON ROAD AND US 1 FOR ANY PARKING
NEEDS THAT THEY MIGHT HAVE DURING THERE
SPECIAL EVENT(BIKE WEEK). SHOULD YOU HAVE ANY
QUESTIONS FEEL FREE TO CALL ME AT ANY TIME.
FAGGSHAWVER
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IAN 09,2003
TO WHOM IT MAY CONCERN:
PLEASE BE ADVISED THAT MR. PATRICK GIRVAN AND
MYSELF, DAVE MCCASLLISTER HAVE WORKED OUT AN
ARRANGEMNET WHEREBY HE IS ALLOWED TO USE MY
PRPERTY DIRECTLY ACROSS FROM THE NO NAME
SALOON FOR PARKING. MR GIRVAN AGREES TO TAKE
.' .
ANY LIABILITY AND TO REMOVE ANY TRASH THAT MAY
BE THERE .
SHOULD YOU HAVE ANY QUESTIONS PLEASE FELL FREE
TO CONTACT ME AT 427-0422
THANK-YOU
'7J~ 7#C~
D. MCCALLISTER
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AGENDA REQUEST
Date: January 16. 2003
PUBLIC
HEARING 2-3-03 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Richard Stonecipher" owner of Stonecipher Enterprises, d.b.a. Earthquake Magoon's Bar, located at
132 W. Park Avenue is requesting a Special Activities permit for an Oyster Roast during Bikeweek.
BACKGROUND
The event is scheduled for March 7,2003, with the hours of operation being from 12:00 p.m. to 12
a.m., outdoor entertainment ~ll be provided from 2:00 p.m. to 6:00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City incurs during
this event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow Earthquake Magoon's to have an Oyster Roast on March 7, 2003,
based on the condition that the applicant fully complies with Section 21-37 (Special Activity
Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance).
ACTION REQUESTED
Motion to approve the special activities permit to allow Earthquake Magoon's to have an Oyster
Roast on March 7,2003, based on the condition thatthe applicant fully complies with Section 21-
37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04
(Noise Ordinance).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~XtA~CJ\
Robin Matusick
Legal Assistant
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SA-020S - Earthquake Magoons
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Received
(P"'!'h.~ roe ~":'r:l 'II .,~ .!.
'.d,,) .JJ t;>..i:0~#~her
Ph".'i."Q 0 !"'\..."
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This application must be completed in its entirety and submitted to the Planning Department at
h~ast 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICA nON
CITY OF EDGEWATER
SPECIAL EVENT APPLICATION
DEe 31 2002
o
FEE: $200/day 12/8/02
.. Date
Applicant Name: RICHARD STONECIPHER of STONECIPHER ENTERPRISES, INC.
Sponsor/Organization Name: EARTHQUAKE MAGOON'S BAR
Applicant/Sponsor Address: 132 W. Park Avenue, Units 1 & 2, Edgewater, FL 32132
Address/Location of Event: Same
Local Contact Telephone Number: 386/428 - 3 436 Emergency # 386/423 - 0900
Name of Event: ANNUAL BIKE WEEK OYSTER ROAST
Description of Event: Oyster Roast for Bikers with band.
Date(s) of Event: 3/7/03 Time(s) of Event: nooon,..,. 12 :00
Set-uprrear down dates: (if needed): two days prior and two days after 0
Expected Attendance: 100 bikes and thei,rriders
Will admission be charged? ( ) Yes. ( ~ No
Will outside live/recorded music or sound amplification be used? (x ) Yes-Hours? 2-6 () No
Will vendors be at the event?.... Yes 00 No How many?
If yes, please check the following that apply:
.~ Food.
Alcoholic beverages
Soft drinks
ArtsICrafts
Other (specify)
What equipment will be required/used? Check all that apply.
Water
Electricity
--K.. Barricades
Trash Cans
(How Many?) 2 - safety netting and cones - front and rear
(How Many?) 0
Snecial Event AnnliC'.lltinn5-1-02
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Which of the following will be used?
Banner
1 Booth
Temporary Tents
Fireworks/Pyrotechnics
Temporary Signs.----
2 Canopy"'"
Amusement Rides
2
Portable Restrooms
two
(How Many?)
_ Other (specify)
The following shall accompany this application:
diagram attached Plan sub!llitted to reflect location and number of vendors, parking layout,
and sanitary facilities.
letter attached A letter stating the applicant acknowledges that they are financially
respOnsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
enforcement, law enforcement, etc.
The ~pplicant shall post a bond or provide insurance in the amount of
$200,000.00 to hold the City harmless of any and all liabilities.
Submittal of a listing of all property' owners within 500-feet (listing to
include names and addresses of all owners and list may be obtained from the
' " ,\
V olusia County Property Appraisers Office).
Type of organization:
Non Profit
ins . Qert.. to
be\~faxed u~
approval
list attached
Tax Exempt #
---X-
Charitable
For Profit
Individual
Name of Organization or beneficiary
Federal J.D. # 5tj-28''l3 ifsf Tax # 7'{ oc;. O~f7iZ"o'j-~
SS # 0S"'1-30 -Zt, 72-
If you are requesting City assistance with your event, please describe: tb.
~nf:cial Rvent Annlic.atinn:;.1-02
2
~
~ ,.
.
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened 0
within JO-minutes of the end of each day of the event. None needed.
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article ill (Noise) ofthe
City of Edge water Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
, .
Signature of applicant: ~ ~~~
Date:
12-/3/;dz.
Snecilll Event AnnliC'.ation:'i-l-02
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AGENDA REQUEST
Date: January 16.2003
PUBLIC
HEARING 2-3-03 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Edgewater United Methodist Church, located at 211 N. Ridgewood Avenue is requesting a Special
Activities permit for a free Bar-B-Q dinner during Bikeweek.
BACKGROUND
The event is scheduled for March 8, 2003, with the hours of operation being from 3:00 p.m. to 7
p.m. outdoor entertainment will be provided from 3:00 p.m. to 7:00 p.m. The applicant also requests
a waiver of the $200 application fee.
The applicant will be responsible for any law enforcement and other expenses the City incurs during
this event Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee (TRC) has reviewed the application and recommends approval
of the special activities permit to allow the Edgewater Untied Methodist Church to have a free Bar-
B-Q on March 8, 2003, based on the condition that the applicant fully complies with Section 21-37
(Special Activity Requirements) ofthe Land Development Code and Ordinance 2002-0-04 (Noise
Ordinance). The TRC recommends denial of the fee waiver request
ACTION REQUESTED
Motion to approve the special activities permit to allow Edgewater Untied Methodist Church to have
a free Bar-B-Q on March 8,2003, based on the condition that the applicant fully complies with
Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-
0-04'(Noise Ordinance). The TRC recommends denial of the fee waiver request
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~
enneth It 00
City Manager
~J1J~
Robin Matusic ~
Legal Assistant
~A-O~Ol - PiloPwlltpr TTnitpiI Mpthnili!lt (,hllr~h
'72c,." (-/LJ-() 3
Cc -'d-3-03
~
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Received
CITY OF EDGEWATER
SPECIAL EVENT APPLICATION
JAN 08 20030
City of Edgewate
rlanning & Development
This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: S200/day SA- O::O::-'L J I r, /- 7-03 .
' " ,E..c7tJGJc.JCI- U/J'L,7t2..cr!t1en.i!QI.S )tfe~ Date '
Applicant Name: fqJ~aje,zJY/,'iec.( /~le1toJ(s+-CJun:~ .
Sponsor/Organization Name: EGler.;. cJCA-1e.rV 0.. ,'+eA ,Me.ff...n c/"S f Men.
Applicant/Sponsor Address: ;Lt I rv - Q('J7.ewaoc{' '
AddresslLocation of Event: ;)./ / AI. R I~! 1e w ~ cf
Local Contact Telephone Number: i:>>( - 6 S S' ;Z Emergency # l.f;[8' - L..f ~ It)
.--
Name of Event: /-REE. yIHNEf2-Fo1Z.. 't51 'kETZ-S
Descriptio~ ofEve.nt: gc..y-f3- Q cI'hme r-- a(f; re.rl1-o b'l Ke.rS -f~e.. a.....5
CA- rir~~Ov...A;hJ..;,s~- "h~ ~tLl1 o.../~.
Date(s) of Event: A/lcncl <X f 2 (J7'J,3 Time(s) of Event: -3:dO F h\. +0, 7:~ f h-o. 0
Set-uptTear down dates: (if needed): M a. rdt g/ I 2 <fi) 7,
Expected Attendance: .3a-1t.,- ..s.a-o
Will adniission be charged? ( ) Yes 0<> No
Will outside live/recorded music or sound amplification be used? (K.) Y es..Hours? 3 -7 "m( ) No
,
Will vendors be at the event? ( ) Yes 9<> No How many?
If yes, please check the following that apply:
X- Food
,
Alcoholic beverages
X Soft drinks
/
Arts/Crafts
Other ( specify)
What equipment will be required/used? Check all that apply.
Water
Electricity
, Barricades
(How Many?)
(How Many ?) 1 s tJpp~j /Sv t3'j C-HUt:<c.H-
o
X TrashCans
Snf>.cial RVf1nt AnnliC'.ation5-1-02
\).
b
I
U Which of the following will be used?
~ Banner
Booth
~ Temporary Tents
FireworkslPyrotechnics
-X Temporary Signs
-X- Canopy
Amusement Rides
~ Portable Restrooms (How Many 7) D2
- Other (specify)
u
.
The following shall accompany this application:
~ Plan submitted to reflect location and number of vendors, parking layout,
and sanitary facilities.
--L. A letter stating the applicant acknowledges that they are financially
responsible for all additional services:Providedbythe City which may
. .
include, but are not limited to the folloWl~g: trash pick up, utilities, code
enforcement, law enforcement, etc.
-L The applicant shall post a bond or provide insurance in the amount of
$200,000;00 to hold the City harmle~s o~ any and all liabilities.
_ Submittal of a listing of all property owners within 500-feet (listing to
include naines and addresses of all owners and list may be obtained from the
V olusia County Property Appraisers Office).
Type of organization:
Kel~1'~u~~~' NonProfit
Charitable
For Profit
Tax Exempt #
Name of Organization or beneficiary
Federal J.D. #
Tax #
Individual SS #
If you are requesting City assistance with your event, please describe:
Jo.
o
Snt'.dal Event AnnliC'.atinn5-1-02
2
\,
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-miriutes of the end of each day of the event. ,Al(j h ~ r ~ 1/: rec{
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article ill (Noise) of the
City of Edge water Code of Ordinances.
If sound amplification is associated with this event, I agree to. monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints' are received, I 'agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise. does not
control ~itizens' complaints, the source of the noise will be terminated. .
SignatureOfaPPlicant:~al{'~ (P
,&Ire we-1e rU~;kd f'v1ettOc/lsrl11eA
Date: )- 7~63
Snp.cial Rvent Ann1iC'.lltion:'i-l-02
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AGENDA REQUEST
Date: January 16.2003
PUBLIC
HEARING February 3. 2003
BOARD
APPOINTMENT
RESOLUTION
ORDINANCE
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Stipulated Settlement Agreement between the City of Edge water and the Florida Department of
Community Affairs concerning the 2001 major Comprehensive Plan Amendment.
BACKGROUND
This Settlement Agreement addresses the concerns/objections rai~ed by the Florida Department of
Community Affairs (DCA) intheir Objections, Recommendations, and Comments (ORC) Report for
the Comprehensive Plan Amendment, adopted by the City on December 17, 2001.
Exhibit B of this Agreement identifies specific revisions and modifications to the Comprehensive
Plan Amendment that DCA and the City has determined to be in the best interest of all affected
parties. In accordance with the Stipulated Agreement subsequent amendments to the
Comprehensive Plan will occur.
Legal representatives for the City and DCA have reviewed the Agreement and acknowledge its
compliance with Florida Statutes.
STAFF RECOMMENDATION
Staff recommends approval of the Stipulated Settlement Agreement and authorization to
execute the Agreement.
r
MOTION
Motion to approve and execute the Stipulated Settlement Agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~~
Robin Matusick "-
Legal Assistant
/~~
Kenneth R. Ho per
City Manager
DCA Stipulated Agreemetn
r.rPlIfpA hv hnnnip
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S1iPH!N It Mru.,.. P.E.
'RI$I~NT. CEO
J4M" A. SElUN, ....s.r.
fJClC\iTlVf VICE 'RISll)flllT
CAIOl. D. CONNlW, P.E.
llNlOt YICf I'llISlDlIIIT
I(EVlN T. W4LSH, '-I.
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ilia 'II5lO{NT
ERIC W4UEN, ..t.
ilia ""I DENT
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VIti "1$101toII'
R. IJ\NcE BINNllT, '.'.
VICI PlISIDF.HT
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VI(I; nfSlDlNT - '''''''NC~
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11
..MILlER SELLEN CONNER & WALSH
Community PI2Inners, Designers & Engineers
RECEIVED 0
JAN 22 2003
ColMlUllity Develpprnt;i
January 21, 2003
Darren Lear, Ch ief Planner
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132-0100
Re: VGMC City of Edgewater Case 02-23.
Review of Stipulated Settlement Agreement between FDCA .and the
City of Edgewater
MSCW No. 02004.223
Dear Mr. lear:
The Volusia Growth Management Commission (VGMC) staff has reviewed the
Stipulated Settlement Agreement between the Florida Department of
Community Affairs and the City of Edgewater. The Agreement details several
modifications to the proposed amendment including the requirement for a
joint planning area assessment between the City and Volusia County. Ttlese
modifications do not change or Impact the VGMC findings of consistency.
Therefore, the modified amendments are in compliance with the Certificate of
Consistency, issued on December 4, 2001 by VGMC and no additional
findings by VGMC are necessary. By copy. of this letter, we are requesting
that VGMC ackn~wledge that the City of Edgewater Certificate of
Consistency, issued on December 4, 2001 is still valid. We appreciate, the
efforts of the City of Edgewater to further intergovernmental cooperation .md
coordination in Volusia County. If you have any questions concerning this
letter, please feel free to contact me at 407-422~3330.
Sincerely,
MILLER SELLEN CONNER & WALSH
o
'~J7~
Ter; Bowley, AICP
Project Manager
cc: Getald Brandon, VGMC Chairman
Paul Chlpok, Esquire, GHR
K:\02\O~~\Wp\L_,\O~004,II). flodinII' h"'edp.",,.I..,.dOG
2" Ii. LVCEIlNf CllI.Clt I OltLANDO. PlQllID4 321101 I eo,.,u2.UJO I ,",X 401.,,:Uo1329 I E-MAil: ....lI.....cwlnc cO!"
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RECEIVED
DEe 3 0 2002
DEPARTMENT OF COMMUNITY AFFAIRS,
Community Developmefl,
Petitioner,
VS.
DOAH CASE NO. 02-0862GM
.. CITY OF EDGEWATER,
Respondent.
/
STIPULATED SETTLEMENT AGREEMENT
Petitioner, Department of Community Affairs (Department), and Respondent, the City of
Edgwater (City), hereby stipulate and agree as follows:
GENERAL PROVISIONS
u
1.
Definitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a. . Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreement: This stipulated settlement agreement.
c. Comprehensive Plan Amendment or Plan Amendment: The
comprehensive plan amendment adopted by the City on December 17,2001, by Ordinance Nos.
d. DOAH: The Florida Division of Administrative
Hearings.
e. In compliance or into compliance: Consistent with Sections 163.3177,
163.3178 and 163.3191, Florida Statutes, Section 187.201, Florida Statutes, the applicable
Q regional policy plan, and Chapter 9J-5, Florida Administrative Code.
't.>>
f. Notice: The notice of intent issued by the Department to which was
o
attached its statement of intent to fmd the portions of the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an action
which must be complefed to bring the plan amendment into compliance.
1. Remedial Plan Amendment: An amendment to the plan or support .
document, the need for which is identified in this agreement, including its exhibits, and which
. .
the City must adopt to complete all remedial actions. Remedial plan amendments adopted.
pursuant to tru~.agreement must, in the. opinion of the Department, be consistent with and
. substanti~iy similar in concept and content to the ones identified in this agreement or be
otherwise :acceptable to the Department. The remedial amendments are described in Exhibit B.
o
,. J. Statement of lritent: The statement of intent to find portions of the plan
amendment not in compliance issued by:the Department in this case. A copy is attached as
Exhibit A. .
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the plan amendment.
2. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
3. Approval by Governing Body. This agreement has been approved by the City's
governing body at a public hearing advertised in an advertisement published at least 10 days prior
2
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to the hearing in the manner prescribed for advertisements in Section 163.3184(15)( c )"Florida
Statutes. This agreement has been executed by the appropriate officer as provided in the City's
charter or other regulations.
4. Changes in Law. Nothing in this agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence.
5. Other Persons UnaffeCted. Nothing in this agreement shall be deemed to affect
the rights of any other person under the law.
6. Attorney Fees and Costs. Each party shall bear its own costs, including attorney
fees.
7. Effective Date. This agreement shall become effective upon the last date of
. ".
V signing by th~ D~.partment or the City.. . .
8.... . Pufpose of this Agreeniertt: Not Establishing Precedent. The parties enter into
this agreement,in a sRirit of cooperation for the purpose of avoiding costly, lengthy and
. ". .
. unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the plan amendment. The acceptance of proposals for
purposes of this agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
9. Department Powers; The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the plan
amendment is in compliance.
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10.
Exhibits. Exhibits A and B are hereby incorporated by reference.
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11. Negotiation of Agreement. The Department issued its notice and statement of
intent to find portions of the plan amendment not in compliance, and filed the petition in this
case to that effect. Subsequent to the filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement of intent through this agreement. It is the
intent of this agreement to resolve fully all issues between the parties in this proceeding.
12. Dismissal. If the City completes the remedial actions required in Exhibit B of this
agreement, the Department shall issue acumulative notice of intent addressing both the
compliance agreement ame~dmeri: and the initial plan amendment subject to these proceedin~s.
The Department shall file the cumulative notice of intent with the DOAH along with a request to
dismiss this proceeding. '
13. 'Piling'and Contiriuance; This agreement shall be filed with DOAH by the
o
. . . . -
Department, after e~ecution by the parties. Upon the filing 'of this agreement, the administrative
. '
proceeding in this matter shal~ h.es~y'ed by the administrative law judge in accordance with
Section 163.31 &4(16)(b), P10rida Statutes.
14. Retention 'o,f Right to' Pinal Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this agreement, and nothing in this
agreement shall be deemed a waiver of such right. The Department or any other party to this
agreement may move to have this matter set for hearing if it becomes apparent that any other
party whose action is required by this agreement is not proceeding in good faith to take that
action.
16. Remedial Actions to be Considered for Adoption. The City agrees to consider for
4
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~
adoption by formal action of its governing body all remedial actions described in the Agreement .
no later than the time period provided for herein.
17. Adoption or Approval of Remedial Plan Amendments. Within 60 days after.
execution of this agreement by the parties, the City shall consider for adoption all remedial
actions or plan amendments and amendments to the support documents. This may be done at a
single adoption hearing, Within 10 working days after adoption of the remedial plan
amendment, the City shall transmit 3 copies of the amendment to the Department as provided in
Rule 9J-11.011(5), Florida Administrative Code, The City also shall submit one.copy to the
regional planning agency, each revi~w agency listed in Rule 9J-11.011(5), to any unit oflocal
government that has filed a written request with the governing body for a copy of the remedial
plan amendment, and a copy to any party granted intervenor status in this proceeding, The
<..) amendment shall be transmitted to the, Department along with a letter which describes the
remedial 'action adoptedfot each part 6t the plan amended, inc1udmg references to specific
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portions and pages',
, .
18. Acknowledgment. All parties to this agreement acknowledge that the "based
upon" provisions in Section 163:3184(8), Florida Statutes, do notapply to the remedial
amendment. '
19. Review of Remedial Amendments and Notice of Intent. Within 45 days after
receipt of the adopted remedial plan amendments and support documents, the Department shall
issue a notice of intent pursuant to Section 163.3184, Florida Statutes, for the adopted
amendments in accorcllince with this agreement.
a.
InCompliance: If the adopted remedial actions satisfy this agreement, the
5
Department shall issue a cumulative notice of intent addressing both the plan amendm~nt and the
compliance agreement amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to have this proceeding dismissed.
b. Not in Compliance: lfthe remedial actions are not adopted, or if they do
not satisfy this agreement, the Department shall issue a notice of intent to find the plan
amendment not in compliance and shall forward the notice to DOAH for a hearing as provided in
Subsection 163 .3184(1 0), Florida Statutes, and may request that the matter be consolidated with
the pending proceeding for a single, final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single final hearing if the Department so requests.
20. Effect of Amendment' 'Adoption of any compliance agreement amendment shall
"
not be count~.d toward the frequency restrictions imposed upon plan amendments pursuant to
.' .
Section 163.3 1"87(1), Florida Statute~... '
This agreement contairisalf thfderms and conditions agreed to by the parties.
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In witness whereof, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
DEP ARTM;ENT OF COMMUNITY AFFAIRS
CITY OF EDGEWATER
Director
Division of Community Planning
Title
Date
Date
Attest:
City Clerk
Assistant General Counsel
: .>;
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STATE OF FLORIDA
DEPARTMENT OF COM11UNITY AFFAIRS
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IN RE: CITY OF EDGEW ATER
COMPREHENSIVE PLAN AMENDMENT
Ol-lERA
Docket No. DCA #0 l-1-NOI-6405- A - I IN
ST A TEMENT OF INTENT TO FIND"
COlv1PREHENSIVE PLAN AMENDMENTS
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues its Statement. of Intent to
find portions of Comprehensive Plan amendment 01-IERA by the City of Edgewater, Future
Land Use Map Amendments No. 13, 15, and 19, adopted by Ordinances No. 2001-0-21, 23, and
27, respectively, Future Land Use Element Policy 1.1.8, adopted by Ordinance No. 2001-0-36,
and Conservation Element Policy 1.3.1 adopted by Ordinance No. 2001~0-35 on December 17,
NotIil Compliance based upon the Objections, Recommendations and Comments Report (ORC
RepOrl)is;ued liy the Department on September.19, 2001, which is hereby incorporated by . . 0
reference. The Department fmds the plan amendments cited above not "in compliance," as
.. .
defined in Section 163.3184(1)(b)., Florida Statutes (F.S.), because they is not consistent with
. .
. .
Secti~n 163.3177, F.S., the State Comprehensiv.e Plan and Rule 9J -5, Florida Administrative.
Code (F.A.C.), for the following reasons:
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1.
FUTURE LAND USE MAP AMENDMENT #19 (971 acres):
A. Inconsistent provisions. The inconsistent p~ovisions of the plan amendment under
this subject heading follows:
1. The amendment does not discourage urban sprawl. The subject property is located several
miles west of the City's pre-annexation western boundary linked by a linear series of annexed
properties along SR 442, and will place significant urban densities and intensities at the end of a
vacant area several miles from the developed city area. This land use pattern exhibits the
following indicators ofurbaI'l: sprawl:
A) P~omotes, allows or designates significant amounts of urban development to occur in rural
areas at substantial distances from existing urban areas while leaping over undeveloped lands
U which are available and suitable fO,r development;
B) As a'result of premature or poorly planned conversion of rural land to other uses, fails
adequately to protect anclco~erve natural resources, such as wetlands, floodplains, native
vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes,
rivers, shorelines~ beaches, bays~ estuarine syste~s, and other significant,natural systems; ,
C) Allows for land use patterns' or timing which disproportionately increase the cost in time,
money and energy, of providing and maintaining facilities and services, including roads, potable
water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and
emergency response, and general government;
D) Fails to provide a clear separation between rural and urban uses;
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E) Discourages or inhibits infill development or the redevelopment of existing neighborhoods
arid communities; and
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F) Results in the loss of significant amounts of functional open space.
Rules 9J-5.005(2) and (5), 9J-5.006(3)(b)8., and 9J-5.006(5), FAC
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Sections 163.3177(2), 163.3177(6)(a) and 163.3187(2), F.S.,
B. Recommended remedial actions. The above inconsistencies may be remedied by taking
the following actions:
1. Rescind the amendment. Alternatively modify the amendment to incorporate measures to
guide thetiming, type, and density/intensity of development and the provision of public facilities
and services so as to discourage urban sprawl.
II. . FUTURE LAND USE MAP NvffiNDMENTS No. 13 (69.96 acres), 15 (92.45 acres).
and 19.(971-acres}:
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A. Inconsistent pr,ovisions. The inconsistent provisions of the plan amendment under
" .~....
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this subject heading follows:
1. The amendments fail to demonstrate that they will maximize the use of existing and future
public facilities and services, and discourage land use patterns which may insufficiently increase
. .
the costs associated with providing facilities and services. The public fa:cility analysis did not
adequately address the availability of transportation facilities, stormwater drainage, solid waste,
potable water and sanitary sewer at the highest intensity use. Therefore, the amendment is
inconsistent with rule 9J-5.006(3)(b)1, F.A.C. which prov~des that land uses should be
. coordinated with the availability offacilities and services; and with 9J-5.006(5)(g),F.A.C., whiQ
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provides that amendments should discourage urban sprawl by maximizing existing and future
services, and by preventing land use patterns or timing which increase the cost of providing and
maintaining facilities and services, including roads, potable water, and sanitary sewer.
Rules 9J-5.005(2); 9J5.005(5); 9J-5.005(6); 9J-5.006(2); 9J-5.006(3)(b)1.; 9J-5.006(5); 9J-
5.006(5)(g)6; 9J-5.006(5)(g)7; 9J-5.006(5)(g)8; 9J-5.011(1); 9J-5.011(2); 9J-5.016(2), and 9J- ,
5.019(~), F.A.C..
Sections 163.3177(6)(a), and (6)(b); and ~63.3177(8), F.S.
2. The amendment sites are mlsuitable for the adopted land uses andthe allowable densities and
intensities of use. The amendments do not reflect the Severe environmental constraints to
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development. The amendment site has extensive wetland and floodplain features throughout,
indicating severe constraints to d~V'elopment. Development of the subject property in accordance
with .tQ.~stapdards allowed in Mixed Use could result in alteration of surface water hydrology,
. . '
, .
modi~cation of groundwater levels and hydrological contributions to the wetland system,
reductIOn in flood attenuation, degradati'on of water quality, and negative impacts to significant
wildlife habitat.
Rules 9J-5.005(2)(a), 9J-5.006(2)(a), 9J-5.006(2)(b), 9J-5.006(3)(b)I, 9J-5.006(3)(b)4, 9J-
5.006(3)(c)2, 9J-5.012(3)(b)2, 9J-5.013(2)(b)2, 9J-5.013(2)(b)3, 9J-5.013(2)(b)4, 9J-
5.013(2)(c)3, 9J-5.013(2)(c)6, 9J-5.013(3)(a) & (b), F.A.C.
Sections 163.3177(8), 163.3177(10)(e), 163.3177(4)(a), 163.3177(2), 163.3177(6)(d) F.S.,
'b
B. Recommended remedial actions. The above inconsistencies may be remedied by .
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taking the following actions:
1. Rescind the amendment.
2. Altema,tively, address public facility and site suitability compliance issues as follows:
a) Include an analysis ,assessing the impact of the adopted land use designations upon
transportation facilities and their adopted level-of-service (LOS). This analysis must be based on
the maximum amount of transportation demands that would be generated by the most intensive
levels of development allowed on the parcels by the adopted land use designations. The analysis
, '
must consider impacts attributable to approved but unbuilt development and growth projected to
occur in the short (5-year) and long range (2010) planning timeframes. The analysis should
, '
, '
identify the need fo.r new and/or improved facilities and current plans to provide such
'.'~~ '.
improvements-. "Include an assessment) as necessary) ofthe problems and opportUnities of
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providing an~siti1.1,g such facilities and an assessment of costs and sources of revenue for
proViding needed facilities and/or services. For potable water, solid waste, stormwater drainage,
, '
and sanitary'sewer, the amendment should consider the impacts of providing public services to
the aniendment area including an identification of nearest services and costs of providing such
services to the area. Based on the analysis, revise the amendment, the Infrastructure Element)
and/or the Capital Improvements Element 'as appropriate to ensure facilities and services meeting
adopted levels of service are available concurrent with development.,
b) 'Alternatively, provide analyses which identify and evaluate.the suitability of the site for
development considering the environmental constraints associated with the amendment site and
surrounding areas. After undertaking an analysis assessing the suitability ofthe site for 0
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development, the City should assess which future land use and density and intensity standards are
most appropriate for the site. The land use and development standards chosen should be
consistent with and supported by the data and analysis and should ensure adequate protection of -
natural resources that occur on-site, as well as those resource that maintain an interconnection to
systems that traverse off site but may be impacted by on-site development.
III. FUTURE LAND USE ELEMENT POLICY 1.1.8:
A. Inconsistent provisions. The-inconsistent provision of the plan amendment under
this subject heading follows:
U 1. The City has structured the prgcess in Future Land Use Element Policy 1.1.8 of removing the
Con~irvation OVerlay future landpse d_esi~ation and subsequent amendment to Conservation
category to occur with?_ut a plan amendment. This provision is not consistent with state law .
because it allows the future land use map to be amended without following the plan amendment
process of Chapter 163, thereby excluding public participation and the ability to raise objections
through the amendment review and administrative hearing procedures.
Rule 9J-5.005(2)g, F:A.C.
Section 163.3187(1), F.S.
2. The list of environmental features cited in Future Land Use Policy 1.1.8 does not provide
sufficient specificity as to the types, extent, and definitions of the potential occurrences ofthese
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features to warrant the assignment of Conservation Overlay, nor does it provide adequate
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guidance to allow a determination of whiCh environmental features are to be designated
Conservation once the environmental impact study has been completed. This lan~agethereforeO
does not meet the requirements of Rule 9J-5.005(6), which states that goals, objectives, and
policies shall establish meaningful and predictable standards for the use and development of
land, and provide meaningful guidelines for the content of more detailed land development and
use regulations.
Rule 9J-5.005(6), F.A:C:
Section 163.3177(1), F.S~
B. '. Recommended remedial actions. The above inconsistencies maybe
remedied by taking the following actions:
1. Rescu>d the.portion of FutnreLand Use Element Policy 1.1.8 that allows changes to the F~tureO
. ' .
LandUse Map withou~ a p~an amendment and include 'a policy requiring the Future Land use
,\
Map to be amended in accordance with the procedures of Chapter 163, F.S., upon completion of
the 'environmental impact study; .
2. 'Revise Future Lahd Use Element 1.1.8 to more clearly specify the types, extent, quality and
occurrences of natural resources to be. included in the Conservation Overlay category in a manner
that provides meaningful and predictable guidance to the land use regulations as described in
Rule 9J-5.005(6). Include criteria indicating which environmental features are to be designated
conservation once the environmental assessment has been completed.
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IV.
CONSERVATION ELEMENT POLICY 1.3.1:
A. Inconsistent provisions. The inconsistent provision of the plan amendment under'
this subject heading follows:
1. Conservation Element Policy 1.3.1 allows a residential density standard for the Conservation
Future Land Use category at 1 dwelling unit per 5 acres for inland areas, and 1 dwelling unit for
coastal areas. This standard contradicts and is internally inconsistent with the development
densities and intensities stated 'in the Conservation future land use category as specified in Future
Land use policy 1.1.8, which provides for an overall density standard of 1 dwelling unit per 10
acres,which is to be transferred tO,developable portions ofthe development site. This internal
inconsistency results inunpredictability in the assignment of land development standards.
"
B.Recommended remedia~ actions. The above inconsistencies may be remedied by taking
. 1'~ . ~
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the following actions:
,1. Rescind Conservation Element Policy 1'.3.1. Alternatively, revise this policy tp be consistent
with Future Land Use Element Policy 1.1.8.
V. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under
this subject'heading are asfollows:
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1. The comprehensive plan amendment is inconsistent with the State Comprehensive
Plan goals and policies, including the following provisions (Rules 9J-5.021, F.A.C.):
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Goal 8 (Water Resources), Policies 2., 8., 9., and 10.;
Goal 10 (Natural Systems and Recreational Lands), Policies 1.,3., and 7.;
Goal 16 (Land' Use); Policy 6.;
Goal'18 (public Facilities), Policy 1.;
Goal 19 (Cultural and Historical Resources), Policies 5., and 6.;
Goa1.20 (Transportation), Policies 3., and 13; and,
Goal 21 (Governmental Efficiency); Policy 1.
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B. Recommended remedial action. These inconsistencies may be remedied by taking
the following action:
1: Revise the plan amendment as described above in Sections I.B, IT.B., and UIB.
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EXHIBIT "B"
The City agrees to amend Comprehensive Plan Amendment 0 l-IERA as follows:
1. The City agrees to rescind Amendments #13 and #15 (Ordinances 2001-0-21 and 2001-
0-23 respectively) and the sites will temporarily retain the existing Volusia County Land Use
designation. The City will undertake a study to determine the land uses which are suitable for
these environmentally sensitive properties. If necessary, the City will prepare a new, or modify
an existing, land use category so that it is suitable for these properties. Within one year of the
effective date of this agreement, the City will begin the process of adopting a comprehensive
plan amendment to assign these properties an appropriate land use designation.
2. The City and Department agree to a 340 acre conservation area in the western and
southern portion of Amendment #19 (Ordinance 2001-0-27) to provide a transition from
Volusia County's Environmental Systems Corridor to the City's Mixed Use designation. The
City will amend the future land use map to designate this area of the property Conservation as
depicted on attached Exhibit 1.
3. The City agrees to modify Policy 1.1.8 to provide specific conservation overlay criteria.
The policy will be amended to read:
. Policy 1.1.8 Conservadon D1!erlay. Properties that are designated as Conservation
Overlay area may potentially contain wildlife habitat areas including habitat for rare, endangered
and threatened species, hydric soils/wetlands (as identified in the Conservation Element),
mangrove swamps, cypress swamp; mixed hardwood swamp, hydric hardwood hammock and
sand pine/xeric oak scrub, estuarine marsh ecotone, freshwater marshes, special vegetative
commUnities, areas within a public water well radii of 500 feet, 100 year floodplain areas, and
other ~eas subject to environmental or .topographic constraints.
4. The City agrees to add a threshold (acreage) to the Conservation Overlay criteria and a
method to determine the sensitivity of the environmental resource. Policy 1.1.8 will be
expanded to read: .
· Upon completion of an environmental assessment, the area( s) determined to be
ecologically sensitive by a professional ecological expert will be placed in a
conservation easement to be preserved or mitigated through the appropriate
reviewing/regulatory agency. At a minimum the following areas shall be placed in a
conservation easement: habitat for rare, endangered, or threatened species, wetlands
of ~ acre or more, mangrove swamps, cypress swamp, mixed hardwood swamps,
hydric hardwood hammock, and sand pine/xeric oak scrub, areas within a public
water well radii of 5.00 feet. If a conservation easement is more than five (5) acres,
the City will designate it as Conservation on the Future Land Use Map during the
next comprehensive plan amendment cycle.
1
DCA Exhibit B
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5. The City will add the following new policy to the Comprehensive Plan Future Land Use
Element:
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Policy 1.6.6 By 2004, and prior to the completion of the widening of S.R. 442, the City
will complete and adopt a corridor plan for S.R. 442 and include regulations in the Land
Development Code for an overlay district, which shall provide for specific streetscape,
landscape, architectural design standards, etc., for properties developed along the State Road
442 corridor.
6. The City agrees to modify Policy 1.8.1 of the Future Land Use Element and Policy 1: 1 of
the Intergovernmental Coordination Element as follows:
Policy 1.8.1: the City will seek to enter into an interlocal agreement with V olusia County
within 12 months of the effective date of this amendment regarding a future joint planning area,
future annexation boundaries, urban service boundaries, and a matrix of compatible County and
City land uses.
Policy 1.1: The city will seek to enter into an interlocal agreement with V olusia County
within 12 months of the effective date of this amendment regarding the planning for areas
adjacent to and surrounding the City of Edge water, including a joint planning area, future
annexation boundaries, urban service boundaries, and a matrix of compatible County and City
land uses.
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7. The City agrees to amend Policy 1.1.9 to add Tables describing Employment Center
zoning districts and Community Center zoning districts. The percentage ranges depicted in
Policy 1.'1.9 will be 'changed based upon the following tables.
E l
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Z i D.
~'nw ovment enter onng lstnct '
Types of Uses Allowed Allowable Range of Development
Residential 0%-30%
Commercial 0%-80%
Industrial 0%-70%
Public/Semi-Public 0%-40%
Recreation/Open Space 20% Minimum
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DCA Exhibit B
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Community Center ZoninJ! District
Types of Uses Allowed Allowable Range of Development
Residential 0%-60%
Commercial 0%-75%
Industrial 0%-75%
Public/Semi-Public 0%-60%
Recreation/Open Space 25% Minimum
3
DCA Exhibit B
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(.<L
ZONING AGREEMENT
PARKTOWNE INDUSTRIAL CENTER
THIS AGREEMENT is made and entered into this 3rd day of Ferbruary, 2003, by and
between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing
address is 104 N. Riverside Drive, Edgewater, Florida 32132, (hereafter referred to as "City") and
PARKTOWNE OWNERS ASSOCIATION, an Owner's Association whose address is 104 N.
Riverside Drive, Edgewater, Florida 32132 (hereafter referred to as "Association"). Future
Buyers/Developers of property (hereafter referred to as "Developer") shall develop property in
accordance with the Zoning Agreement. The purpose of this Agreement is to define the terms and
conditions granting the zoning agreement for the development of the ParkTowne Industrial Center.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
U herein and other good and valuable consideration, the parties agree as follows:
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1. LEGAL DESCRIPTION AND OWNERS
The land subject to this Agreement is approximately 330.06 acres located south of the
Garbordy Canal, west of the FEC Railroad north of West Park A venue in Edgewater, Florida. The
legal description of the property is attached hereto as Exhibit "A"- Legal Description (hereafter
referred to as "Park"). The initial owners of record (hereafter referred to as "Owners") of the subject
property are: .the City of Edgewater (168.49 acres), with Elizabeth J. McBride, Assistant City
Manager as the authorized agent; Oscar Zeller and Julian Green (42.21 acres), with Oscar Zeller as
the authorized agent; Massey Enterprises (31.10 acres), with John Massey as the authorized agent;
Porta Products Inc. (18.26 acres), with Scott Porta as the authorized agent and Dr. Leslie and Rita
Morgan (70 acres), with Leslie Morgan as the authorized agent. It is anticipated and acknowledged
that the Owners intends to sell or develop acreage within the ParkTowne Industrial Center to
ParkTowne Zoning Agreement
I"
unidentified buyers/developers and the ownership of the City's portion of ParkTowne Industrial
Center will evolve into private ownership.
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2. DURA TION OF AGREEMENT
This Agreement shall be effective upon approval by the City Council.
3. DEVELOPMENT USES PERMITTED
The Association hereby agrees to develop the property subject to the terms ofthis Agreement
and in accordance with the City of Edgewater's "IPUD Zoning Classification" as defined in the
currently adopted Land Development Code as amended from time to time. The ParkTowne
Industrial Center shall be developed consistent with the City's development review procedures. Use
of the property shall be as follows:
A. Minimum Lot Size
One acre or greater
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B. Maximum Lot Coverage
No more than 80% of the surface area of any parcel shall be developed as impervious
surface area.
C. Regulation of Uses /Designated Use Areas
It is the intent of this section to establish two (2) designated "Areas" of the
ParkTowne Industrial Center whereby only certain business and industrial type uses
shall be permitted to ensure the Park will be developed with uses that are attractive,
inviting, aesthetically pleasing, and harmonious with the surrounding property,
businesses and industry. Any parcels within the Park, hereinafter referred to as Areas
"A" and "B" and shown on the attached map, may be developed and used in a
manner established for that particular Area. Area "A" is restrictive and is intended 0
ParkTowne Zoning Agreement
2
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to have outdoor storage as an ancillary use. Azrea "B" is less restrictive and outdoor
storage is authorized. The permitted use in one Area may be prohibited in another
Area or as amended and provided for from time to time.
Industrial, warehousing, office, accessory retail and commercial use of the property
may be permitted within designated areas, subject to compliance with applicable
provisions of the City's codes or ordinances, provided it is primarily performed or
carried out in accordance with an approved site plan that is so designed and
constructed such that the operation and the uses do not cause or produce any of the
following effects:
Any trade or activity, or material (including advertisement), that is pornographic,
obscene, lewd or lascivious;
Disposal of any hazardous waste in any form on the site;
Dust, dirt, flying ash, smoke or pollutants that exceed FDEP air quality standards;
Noise, light, sound or vibrations that are objectionable due to intermittence, intensity,
beat, frequency or shrillness;
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Toxic, or corrosive fumes;
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Pollution of groundwater that exceeds FDEP water quality standards;
Fire or explosion hazards;
Violations of the City of Edgewater Land Development Code, City Code of
Ordinances, Florida Building Code, Life Safety Codes, Federal Aviation
Administration Standards or all other applicable Federal and State standards.
1) Permitted Uses (see Map for Area locations)
The following uses are general in nature and permittable in the designated Areas.
ParkTowne Zoning Agreement
3
Other uses will require a modification of this Zoning Agreement by the Edgewater
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City Council and the Association.
AREA "A"
Aircraft Manufacturing (outdoor use as an accessory use)
Boat Building, sales and service (outdoor storage as an accessory use)
CommerciallIndustrial Equipment and Supplies
Distribution Facilities (without outdoor storage)
Financial Institutions
Fleet Based Services
Laboratories
Manufacturing
Marine Related Industries
Outdoor Equipment Sales
Outdoor Storage as an accessory use consistent with Declaration of Covenants,
Conditions and Restrictions
Professional Office Facilities
Research Facilities
Retail - as an accessory use to manufacturing
Retail Home Building Materials
Schools-Private (adult vocation)
Truck Freight Terminals
Warehouse Storage (without outdoor storage)
Warehousing and Storage (without outdoor storage)
Wholesale and Distribution (without outdoor storage)
Xerographic and Offset Printing
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AREA "B"
All uses in Area "A"
Aluminum, Steel, Plastic Container Transfer Station
Boat Building, Repair and Storage
Bulk Processing
Containment Facilities
Distribution Facilities (with outdoor storage)
Machine Shop/Repair
Outdoor Storage
Recycling Facilities
Rock Crushing
Shipping Facility (railroad usage)
Telecommunication- Unmanned
Telecommunication Towers
Wholesale and Distribution (with outdoor storage)
Warehouse Facilities (with outdoor storage)
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ParkTowne Zoning Agreement
4
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2)
Prohibited Uses
The following uses shall not be permitted on any property subject to this Zoning
Agreement. All prohibited uses shall include, 'but may not be limited to the
following:
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Adult Entertainment
Agriculture - General
Aquiculture
Auction/Flea Markets
Bed & Breakfast
Car Wash
Cemeteries
ChauffeurN ehicle for Hire
Crematoriums
Day Care - Children or Adults (accessory use is permitted)
Disposal of refuse, solid waste, hazardous waste
Fish Camp
Funeral Homes
Home Occupations
Hotel/Motel
Lodges - Fraternal/Sorority
Manufacturing of Raw Chemicals
MedicalIDental Offices
Mini -Warehouses
Mobile Home Sales
Night Club/LoungelBar
Nursing Homes
Personal Service Facilities
Pool Hall/Billiards
Places of Worship
Places of Worship - Schools
Quarrying of any material
Refining of Petroleum or of its products
Restaurants (accessory use for employees is permitted)
Salvage/Junk Yards
Schools - Public
Shopping Center
Silviculture
Stockyard or Slaughter of animals
.:J'axidermy
Theaters
Tire recapping facility
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ParkTowne Zoning Agreement
5
TowinglWrecker Service and Impoundment
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D. Platting of lots
The City agrees to plat parcels in accordance with Florida Statutes as they are developed and
conveyed from City ownership to private ownership.
4. FUTURE LAND USE. ZONING DESIGNATION AND DEVELOPMENT PLAN
The Future Land Use designation for ParkTowne Industrial Center is Industrial. The zoning
designation for ParkTowne Industrial Center is Industrial Planned Unit Development (IPUD). The
Preliminary Development Plan for the ParkTowne Industrial Center is depicted in Exhibit "B".
5. PUBLIC FACILITIES
The Developer agrees to connect to and utilize the City's wastewater distributionlcollection
system upon receiving reservation of capacity.
The Developer agrees to connect to and utilize the City's potable water system upon
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receiving reservation of capacity.
The City has determined that reclaimed water is unavailable and will not be available in the
foreseeable future. There is no City requirement to install reclaimed water service.
The Developer agrees to provide underground installation of on site electric, telephone, and
other utility services.
The Developer and Association agrees to provide all required perpetual non-exclusive
easements for all utility services as needed.
The City agrees to provide roadway improvements in accordance with the City's Land
Development Code.
tsociation-members-(.I::eslierolorgan and John MasseY-).eg~e to proviae1fi} necessary road
rights-of-way'andstormwaterretention1icreage to the CitWno cost and the City agrees to construct 0
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"'E~roadway:ana~stormw~oetention.areaS-Wjthin:kQ:.~ear.~j
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The City agrees to provide a master stormwater management system.
The City agrees sidewalks are not required within the ParkTowne Industrial Center project
area.
The Developer/Association agrees that all approved impact fees are applicable to the
development of the ParkTowne Industrial Center.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue development permits consistent with this Zoning Agreement after
having determined the development is consistent with the City of Edgewater Comprehensive Plan
and Land Development Code.
7.
DEDICATION OF LAND FOR PU LIC PURPOSES
The Developer or Association shall c nvey to the City of Edgewater by plat and/or warranty
deed and title insurance free and clear 01 all ,liens and encumbrances, .all roadway rights-or-way,
8. PERMITS REQUIRED
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utility easements and/or stormwater ma a~ement systems as may be required.
The Developer may be required to obtain certain federal, state, county and local development
permits. Permits may include but not be limited to the following:
A.
Site plan approval (City). Projects with structures exceeding 100,000 square feet must
be approved by City Council.
Building permits (City)
Platting (City)
Federal Department of Environmental Protection (State)
Department of Heath (State/County)
Army Corps of Engineers (Federal)
St. Johns River Water Management District (State)
Florida Fish and Wildlife Conservation Commission (State)
Fish and Wildlife (Federal)
B.
C.
D.
E.
F.
G.
H.
I.
ParkTowne Zoning Agreement
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9.
DEVELOPMENT REQUIREMENTS
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Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer or property owners 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 of Edgewater.
Development standards shall be those contained in the current Land Development Code or
as modified as follows:
A. Landscaping Front Yard
The following front yard landscape buffer areas shall be provided along the property
fronting on any street, including side comer lots.
25 feet (along ParkTowne Blvd.)
15 feet (along Dale Street)
10 feet (along Megan Z Avenue)
5 feet (along Timaquan Trail)
8 feet (along other internal streets)
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B. Building Setbacks
25 feet from property line for front
20 feet from property line for rear (zero setback adjacent to Railroad)
10 feet from property line for side
C. Building Height
45 feet maximum building height in Area "A"
60 feet maximum building height in Area "B"
D. Tree Requirements
Not withstanding other landscaping requirements, no minimum number of trees are
required on individual parcels with the exception of the following:
1) Any development proposing the removal of specimen trees shall require the
mitigation of said trees in a location approved by the City.
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If it is determined by the City that replacement trees (to mitigate removal of
specimen trees) would not benefit a particular lot or area, the property
owner(s) shall pay into a mitigation bank, an amount determined by the City.
The proceeds may only be used for replacement of trees as approved by the
City.
E. Landscape Buffer
2)
1) There shall be a minimum fifty (50') foot landscape buffer "conservation
easement" consisting of natural tree/vegetation along the ParkTowne
Industrial Center northern and western perimeter boundary except those
bounded by the FEC railroad and spurline.
Landscape buffer areas shall not be required on interior side or rear yards,
2)
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except as outlined above.
F. Irrigation
A fully operational underground irrigation system shall be provided by the Developer
for non-xeriscape landscaped areas as part of the landscape improvements.
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. The decision of the City Manager can be appealed
Q to the City Council within 15 days of the City Manager's decision. The action of the City Council
ParkTowne Zoning Agreement
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is the final authority concerning this.
12. PERFORMANCE GUARANTEES
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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.
13. BINDING EFFECT
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
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Upon execution by all parties, the city shall record the Agreement with the Clerk of the Court
in Volusia county. The cost of recordation shall be paid by the City.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every twelve (12) months,
commencing twelve (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 the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
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17.
TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and obligations
contained in this 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 any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
U reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
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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.
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 attorneys'
fees, legal assistants' 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.
ParkTowne Zoning Agreement
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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, modify, 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 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:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Paralegal
ParkTowne Zoning Agreement
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Witnessed by:
ParkTowne Zoning Agreement
PARKTOWNEOWNERS ASSOCIATION
MEMBERS
Oscar Zeller
Scott Porta
John Massey
Leslie Morgan
Elizabeth J. McBride
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PTC 2003-_
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered
into this day of ,2003, ("Effective Date") by and between the CITY
OF EDGEW A TER, a Florida municipal corporation, whose address is P.O. Box 100, Edgewater,
Florida 32132-0100, (hereinafter referred to as the "Seller") and
, whose address is
(Hereinafter referred to as the "Purchaser").
W I T N E S. S. E T H:
WHEREAS, the Seller is the owner of fee simple title to certain real property located in
Edgewater, Volusia County, Florida, specifically within the ParkTowne Industrial Center, and
graphically depicted on Exhibit "A" attached hereto and by this reference made a part hereof and
consisting of Acres with the legal description to be determined in accordance with the
terms of this Agreement (the "Property"); and
WHEREAS, the Purchaser desires to acquire from the Seller fee simple title to the Property
in order to develop the Property as a
("Purchaser's Intended Purpose"); and
WHEREAS, Seller has agreed to sell the Property to the Purchaser, and the Purchaser has
agreed to purchase the Property, together with any and all improvements, structures, fixtures and
appurtenances thereto on the terms and conditions stated below.
NOW, THEREFORE, in consideration of the promises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1.
reference.
Recitals. The above recitals are true and correct and are incorporated herein by
2. The Purchase - The Property. Seller agrees to sell and the Purchaser agrees to
purchase, for the Purchase Price (as defined below) and on the terms and conditions herein set forth,
the Property, together with all tenements, hereditaments, improvements, structures, fixtures, trees,
shrubbery, roads and easements, appertaining thereto and all of the Seller's right, title, and interest
therein. The Seller shall convey to the Purchaser marketable, fee simple title to the Property by
Special Warranty Deed free and clear of all liens, mortgages and encumbrances, except for
restrictions, reservations and easements of record, if any. The instrument of conveyance shall
transfer all of Seller's interest in and to all improvements, fixtures, easements, trees, shrubbery,
rights-of-way, tenements, appurtenances belonging or appertaining to the Property, including without
limitation of the foregoing, all right, title and interest of Seller in and to any land lying in the bed of
any street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned
or vacated or hereafter abandoned or vacated). Notwithstanding the foregoing, Purchaser
acknowledges that Seller owns the Property in its capacity as a private land owner and not in its
capacity as a governmental entity. Nothing herein shall be construed as requiring the Seller to
convey to Purchaser any dedicated right-of-way held for the public or in Seller's capacity as a
governmental entity.
ParkTowne Purchase & Sale Agreement
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3. Earnest Monev Deposit.
(a) The Purchaser shall deliver an Earnest Money Deposit in the amount of ten 0
percent (10%) of the Purchase Price. The Earnest Money Deposit shall be by corporate check,
cashier's check or certified fund, Attention: Foley & Lardner Trust Account. An Earnest Money
Deposit in the amount of $ has been delivered.
(b) The Earnest Money Deposit shall, to the extent paid, be applied against the
Purchase Price payable at Closing.
4. Purchase Price/Special Conditions. The Purchase Price for the Property shall be
AND NO/lOO DOLLARS ($ )
(the "Purchase Price"). The parties acknowledge that the Purchase Price is calculated on the basis
of AND NO/lOO DOLLARS ($ )
per acre of land within the boundary of the Property.
Special Conditions shall include
5. Title.
(a) Within ten (10) days after Seller delivers to Purchaser a copy of the Survey
as provided in Paragraph 6 hereof, the Seller shall cause to be prepared an AL T A Form B
Commitment showing good and marketable fee simple title to the Property vested in Seller, in the
amount of the Purchase Price for an owner's title insurance policy (the "Title Commitment") issued
either by Lawyers Title Insurance Corporation or First American Title Insurance Company through
its agent Foley & Lardner (the "Title Company"). The costs of the Title Commitment, the
subsequent owner's title insurance policy (the "Title Policy") and any title searches or status of title
reports/certificates and updates associated therewith shall be paid by the Purchaser. The cost of the
Title Policy shall be at the statutory promulgated rates.
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(b) Within ten (10) days from the Purchaser's receipt of the Title Commitment
and the Survey ("Title Examination Period"), the Purchaser shall have examined the Title
Commitment and shall deliver to Seller written notice of any title matters which are not acceptable
to the Purchaser (the "Title Objections"). If the Purchaser raises any Title Objections, then Seller
shall, at Seller's expense, undertake reasonable and diligent efforts to cure and remove such Title
Objections within thirty (30) days after receipt of the Title Objections (the "Title Cure Period"). In
the event an encumbrance or lien appears of record which will be discharged by Seller at or prior to
Closing or from the closing proceeds, then such encumbrance or lien will not be considered to be
a Title Objection. If, after the exercise of reasonable and diligent efforts, the Seller is unable to cure
the Title Objections within the Title Cure Period (or such longer time period as the Purchaser, in its
sole discretion may elect), then the Purchaser shall have the option to (i) terminate this Agreement
by providing Seller with written notice of its intent to do so within then (10) days after the expiration
of the Title Cure Period thus rendering the Agreement of no further force and effect except as
otherwise provided herein and entitling Purchaser to full return of the Earnest Money Deposit or, (ii)
waive such defect or defects and proceed to close, accepting title as it then is and without setoff or
reduction in the Purchase Price.
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(c) At Closing, Seller shall provide the Title Company with such affidavit as is
necessary to delete the standard exceptions in the Title Commitment including, without limitation,
parties in possession, unfiled construction liens and unrecorded leases.
6. Survev.
(a) Within () days from the Effective Date, the Seller, at the
Seller's expense, shall cause to be prepared a current boundary survey of the Property (hereinafter
referred to as the "Survey") prepared by a Registered Professional Land Surveyor, which includes
a metes and bounds legal description of the Property and a certification of the gross acres of land
located within the boundary of the Property. The Survey shall show any easements capable of being
shown on the Survey, encroachments or overlaps on the Property. The legal description of the
Property as set forth on the Survey shall be utilized in the Title Commitment, Title Policy, Special
Warranty Deed and all other applicable closing documents.
(b) The Purchaser shall, within the Title Examination Period, examine the Survey
and shall deliver to Seller written notice of any survey matters which are not acceptable to the
Purchaser (the "Survey Objections"). Survey Objections shall be treated in the same manner as Title
Objections under Section 5(b) above. If the Purchaser fails to give written notice of Survey
Objections within the Title Examination Period, then the Survey shall be deemed acceptable to
Purchaser.
(c) The Survey shall be certified to the Seller, the Purchaser, the Title Company,
Foley & Lardner and such other entities as may be designated by the Purchaser and Seller.
\..) 7. Feasibilitv Investil!ation.
(a) The Purchaser shall have () days from the Effective Date
(The "Inspection Period") within which to investigate the physical and economic feasibility of
developing the Property for the Purchaser's Intended Purpose including, without limitation,
investigation of all applicable building, zoning, environmental and other codes, ordinances, statutes,
rules and regulations affecting the Property, stormwater management, zoning and development
standards, impact and development fees, drainage conditions, soils, other environmental factors,
sewer and water utility capacity and availability factors, market demand, and any other factors
whatsoever considered appropriate by the Purchaser, in its sole and absolute discretion, to determine
the overall feasibility of the Project.
(b) For the purposes of conducting this investigation, the Purchaser shall have the
right, both during the Inspection Period and prior to Closing, to personally or through agents,
employees, and independent contractors, to enter upon the Property for the purposes of inspecting
the Property, making additional surveys, soil tests, test borings, topographical studies and conducting
such other investigations of the Property and/or engineering work which the Purchaser deems
appropriate.
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(c) To the extent permitted by law, the Purchaser shall assume all risks involved
in entering upon the Property for the performance of such activities and to the extent permitted by
law, shall indemnify and hold Seller harmless from and against all loss, liability, costs, claims,
demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused
by the Purchaser in the exercise of any of the Purchaser's rights under this Section. In the event this
Agreement fails to close, upon request of Seller, the Purchaser shall, at its sole cost and expense,
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ParkTowne Purchase & Sale Agreement
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restore the Property to its condition as of the Effective Date and provide Seller a general release of
all liens for any and all work or services provided n behalf of the Purchaser on the Property after the 0
Effective Date.
(d) In the event the Purchaser determines, in its sole discretion that it is not
desirable or feasible to develop the Property for the Purchaser's Intended Purpose or that it is not
satisfied as to any other matters set forth in this Section, or any other matters which the Purchaser
deems relevant, then in such event the Purchaser may, in the Purchaser's sole discretion, elect to
terminate this Agreement by furnishing written notice thereof to Seller prior to the expiration of the
Inspection Period, the Earnest Money Deposit shall be returned to Purchaser, and the parties hereto
shall thereafter be relieved of all rights and obligations hereunder except for those rights and
obligations which expressly survive the termination of this Agreement.
8. "As Is" Condition. Purchaser understands and agrees that it is purchasing the
Property in an "as is" condition with all faults and without any representation or warranty on the part
of the Seller except as otherwise specified herein. Purchaser represents and warrants to Seller that
Purchaser is relying solely upon its own investigations and inspections made during the Inspection
Period, and as a result Seller shall not be obligated to make any modifications to the Property as a
condition to Purchaser's obligation to close.
9. Closine: Date. The Purchaser shall pay for the cost of the Title Commitment, Title
Policy and any reasonable associated fees, the cost of recording the Special Warranty Deed, any
documentary stamp taxes and intangible taxes associated with the Purchaser's purchase of the
Property and Purchaser's attorneys' fees and costs. Seller shall pay for the cost of the Survey, the
cost of recording any corrective instruments, the costs for preparing the closing documents and
Sellers' attorneys' fees and costs.
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10. Closine:. Closing for the Property shall take place at the offices of the City Attorney
at the City of Edgewater, 104 N. Riverside Drive, Edgewater, Florida 32132-0100 at 10:00 a.m.
within ten (10) days of expiration of the Inspection Period (the "Closing"). Seller's legal counsel
shall be responsible for the preparation of all closing documents.
11. Seller's Representation and Warranties. Seller represents and warrants to the
Purchaser that the following statements are true and correct, and the Purchaser's obligation to close
shall be conditioned on the same being true anc correct as of the Closing:
(a) Seller has full power and authority to enter into and perform this Agreement
in accordance with its terms and has taken all necessary action or equivalent to authorize the
execution, delivery and performance of the terms and conditions of this Agreement.
(b) Seller owns marketable fee title to the Property and Seller's execution,
delivery and/or performance of this Agreement is not prohibited and will not cause a default under
any agreement, covenant, document or instrument.
(c) To the best of Seller's actual knowledge, Seller has not received any notice
(i) that the continued ownership, operation, use and occupancy of the Property violates any zoning,
building, health, flood control, fire or other law, ordinance, order or regulation or any recorded 0
document affecting the Property or (ii) of the existence of any dangerous or illegal condition with
respect to the Property requiring corrective action. Seller has no actual knowledge of violations of
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federal, state, county or municipal law, ordinance, order, regulation or requirement affecting all or
any portion of the Property and the Seller has received no written notice of any such violation issued
by any governmental authority. Seller has no actual knowledge of any dangerous or illegal condition
with respect to the Property or affecting the Property which requires corrective action.
(d) To the best of Seller's actual knowledge, there is no pending litigation or
dispute involving or concerning the location of the boundaries of the Property or in any way affecting
the title to or ownership of the Property.
(e) Except for this Agreement or as evidence by instruments recorded in the
Public Records of V olusia County, Florida, Seller has not entered into any leases, licenses, contracts
or other agreements relating to an portion of the Property which will survive the Closing.
(f) Seller represents that there are no mechanics liens or other claims against the
Property and that the Seller has no unpaid bills for labor or services performed on, or for material
supplied to the Property, except for those unpaid bills which will be paid prior to the Closing or paid
by Seller with funds escrowed from the Closing proceeds.
(g) No member of the Edgewater City Council, no agent or employee of V olusia
County, and no person related by blood or marriage to any of the aforesaid has or will benefit in
anyway, either directly or indirectly, from, or receive any portion of the payments to be made to
Seller under the provisions of this Agreement.
(h) There are no persons or entities in possession of all of any portion of the
Property, as the case may be, as lessees, tenants at sufferance, licensees or trespassers. At the time
of Closing, no person or entity shall be entitled to or be in possession of any portion of the Property.
(i) There is continuous ingress and egress to the Property by means of a dedicated
public road.
12. Buvers' Representations and Warranties. Purchaser represents and warrants to
the Seller that the following statements are true and correct, and the Seller's obligation to close shall
be conditioned on the same being true and correct as of the Closing:
(a) Purchaser has the full right, power and authority to purchase the Property from
Seller as provided in this Agreement and Purchaser has the full right, power and authority to carry
out its obligations hereunder; and
(b) Execution and delivery of, and the performance of all obligations under this
Agreement by Purchaser does not and will not require any consent or approval of any person or
entity other than Purchaser.
13. Broker.
(a) Seller represents and warrants to the Purchaser that it is not aware of any
person or entity which would be entitled to a commission, compensation or brokerage fee for the
bringing about of this transaction or the consummation hereof. Seller agrees to indemnify and to
hold the Purchaser harmless from any such commission, fees, or compensation which may be
claimed to be due through the Seller or pursuant to the acts of Seller or Seller's representatives.
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ParkTowne Purchase & Sale Agreement
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Seller further covenants and agrees to indemnify the Purchaser for damages, court costs and
reasonable attorneys' fees and paralegal's fees, at both a trial and appellate levels, incurred as a result
of any such claim. 0
(b) The Purchaser represents and warrants to Seller that is not aware of any person
or entity which would be entitled to a commission, compensation or brokerage fee for the bringing
about of this transaction or the consummation hereof. To the extent permitted by law, the Purchaser
agrees to indemnify and to hold Seller harmless from any such commission, fees or compensation
which may be claimed to be due through the Purchaser or pursuant to the acts of Purchaser of
Purchaser's representative. To the extent permitted by law, the Purchaser further covenants and
agrees to indemnify Seller for damages, court costs and reasonable attorneys' fees and paralegal's
fees, at both the trial and appellate levels, incurred as a result of any such claim.
(c) The provisions of this Section shall survive the termination ofthis Agreement.
14. Escrow A2ent. The Escrow Agent shall not be liable except for the performance of
its duties hereunder as specifically set forth herein. Prior to disbursing the Earnest Money Deposit,
unless at Closing or in the event this Agreement is terminated pursuant to the provisions contained
herein, Escrow Agent shall notify the Seller and Purchaser, in writing, that one of the parties has
requested disbursement of the Earnest Money Deposit. The Escrow Agent may release the Earnest
Money Deposit in the event it does not receive contrary instructions within five (5) days from the
date of delivery of the notice of requested disbursement. If there is any dispute with respect to the
application of the Earnest Money Deposit without a court order or the written consent of both
Purchaser and Seller and, under such circumstances, the Escrow Agent shall be authorized, but not 0
obligated, to deposit the funds in the court in which any litigation is pending. In either case, the
Escrow Agent shall not be liable for any mistake of fact or error of judgment or any acts or omissions
of any kind, unless caused by its willful misconduct or gross negligence. The Escrow Agent may
relay on any instrument or signature believed by it to be genuine, and may assume that any person
purporting to give any writing, notice or instruction is duly authorized to do so by the party on whose
behalf such writing, notice or instruction is given. The parties agree to indemnify and hold Escrow
Agent harmless from any and all expenses incurred in connection with its duties hereunder,
including, but not limited to, reasonable attorneys' fees and costs and appellate attorneys' fees costs
in any action under this Agreement where Escrow Agent is made a party. The indemnification
provided herein shall not apply in the event of Escrow Agent's gross negligence or willful
misconduct.
15. Further Documentation. The parties agree that at anytime following a request
therefor by the other party, each shall execute and deliver to the other party such further documents
and instruments, in form and substance reasonably necessary to confirm and/or effectuate the
obligations of wither party hereunder and the consummation of the transactions contemplated hereby.
The provisions of thi~ paragraph shall survive the Closing.
16. Default and Remedies.
(a) If the sale contemplated by thts Agreement is not consummated because of
Purchaser's default, then Seller shall receive and retain the Earnest Money Deposit as full liquidated
damages for such default of Purchaser, the parties hereto acknowledging that it is impossible more 0
precisely to estimate the damages to be suffered by Seller upon Purchaser's default, and the parties
expressly acknowledging that retention of the Earnest Money Deposit is intended not as a penalty,
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but as fully LIQUIDATED DAMAGES. Seller's right to the Earnest Money Deposit as full
liquidated damages is Seller's SOLE AND EXCLUSIVE remedy in the event of default hereunder
by Purchaser, and in consideration of its retention of the Earnest Money Deposit, Seller hereby
waives and releases any right to (and hereby covenants that it shall not) sue Purchaser: (i) for specific
performance of this Agreement, or (ii) to prove that Seller's actual damages exceed the Earnest
Money Deposit which are hereby provided to Seller as full liquidated damages.
(b) If the sale contemplated by this Agreement is not consummated through
default of Seller, then the Purchaser shall elect as Purchaser's sole remedy, either: (1) to terminate
this Agreement and demand and promptly receive from the Escrow Agent the return of the Earnest
Money Deposit and upon the return of such monies, the parties shall have no further rights or
obligations hereunder, except for those rights and obligations which expressly survive the
termination of this Agreement, or (2) seek specific performance of this Agreement; provided,
however, that unless Purchaser files with the clerk of a court of the appropriate jurisdiction, the legal
process necessary to seek and obtain specific performance of this Agreement within sixty (60) days
from the date Purchaser becomes aware of or receives notice of such default, then Purchaser shall
be deemed to have forever waived its right to seek and obtain specific performance of this
Agreement.
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17. Notices. Whenever in this Agreement it shall be required or permitted that notice be
given or served by either party hereto on the other, such notice shall be in writing and shall be
deemed served when either delivered in person to the following designated agents for that purpose,
sent by facsimile, nationally recognized overnight carrier, or deposited in the United States Mail
overnight delivery, or by certified or registered mail, postage prepaid, return receipt requested,
addressed to the other party as follows:
If to Seller:
City of Edgewater
104 N. Riverside Drive
Edgewater, Florida 32132
Attn: Kenneth R. Hooper, City Manager
Phone: 386-424-2404
Fax: 386-424-2421
copy to: Scott A. Cookson, Esquire, City Attorney
Foley & Lardner
111 N. Orange Avenue, Suite 1800
Orlando, Florida 32801
Phone: 407-244-3245
Fax: 407-648-1743
or such other addresses as Seller may hereinafter designate by written notice to Purchaser. Any
notice to be served on Purchaser shall be addressed as follows:
If to Purchaser:
u
Attn:
Phone:
Fax:
7
ParkTowne Purchase & Sale Agreement
or such other addresses as Buyer may hereinafter designate by written notice to Seller. Any notice
to be served on Escrow Agent shall be addressed as follows:
If to Escrow Agent:
Foley & Lardner
111 N. Orange Avenue, Suite 1800
Orlando, Florida 32801
Attn: Scott A. Cookson, Esquire
Phone: 407-244-3245
Fax: 407-648-1743
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or such other addresses as Escrow Agent may hereinafter designate by written notice to both
Purchaser and Seller.
18. Time of Essence. Time is of the essence for this Agreement and in the performance
of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied
by the parties hereto.
19. A!!reement: 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.
20. Counterparts: Facsimile Copies. This Agreement and any amendments hereto may
be executed in any number of counterparts, each of which shall be deemed to be an original 0
instrument, but all such counterparts together shall constitute one and the same instrument.
Facsimile copies of this Agreement and any amendments hereto and any signatures thereon shall be
considered for all purposes as originals, provided that each of the parties hereto delivers an executed
counterpart original of this Agreement and any amendments hereto to the other party by hand
delivery or overnight courier within three (3) business days after the date of execution of the
facsimile copy of this Agreement and any amendments hereto.
21. Applicable Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Florida.
22. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns.
23. Time for Acceptance. The Purchaser is irrevocably executing this Agreement prior
to approval by the Seller; provided, however, that in the event the Seller does not approve and
execute this Agreement on or before February 3, 2003, then the Purchaser's execution hereof shall
be automatically terminated and the Seller shall immediately return to the Purchaser the executed
originals hereof.
24. Assignment. Purchaser may assign this Agreement only with the written consent of
Seller. Upon an assignment by Purchaser, Purchaser shall thereafter be released from all obligations
and liability arising out of this Agreement, so long as (i) Purchaser shall provide written notice of 0
such assignment to Seller, (ii) Purchaser shall provide Escrow Agent with written notice and an
assignment of the Deposit to the assignee, and (iii) Purchaser and assignee enter into an Assignment
8
ParkTowne Purchase & Sale Agreement
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Agreement approved by Seller wherein the assignee shall assume all of Purchaser's obligations and
liabilities under this Agreement.
25. Enerey-Efficiency. Pursuant to Florida Statutes Section 553.996, Seller hereby
notifies Purchaser that Purchaser may have the Property's energy-efficiency rating determined.
Purchaser hereby (i) acknowledges its receipt of the informational brochure entitled "Florida
Building Energy Efficiency Rating System - Commercial Buildings" prepared by the State of Florida
Department of Community Affairs, and (ii) waives its right to be provided with the energy-efficiency
rating of the Property.
26. Radon Gas Disclosure. The following disclosure is required in all real estate leases
under Section 404.056, Florida Statutes. "Radon Gas. Radon Gas is a naturally occurring
radioactive gas that, when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit."
27. Effective Date. The Effective Date of this Purchase and Sale Agreement shall be the
date that it is executed by the Seller and such date shall be inserted on the front page of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to
become effective as of the date and year first above written.
PURCHASER:
By:
Name:
Title:
Executed on
,2003
9
ParkTowne Purchase & Sale Agreement
Signed, sealed and delivered
in the presence of:
ATTEST:
SUSAN J. WADSWORTH
City Clerk
For the use and reliance only by the City
of Edgewater, Florida. Approved as to
for and legality this day of
,2003.
By:
Name:
CITY ATTORNEY
Foley & Lardner
ParkTowne Purchase & Sale Agreement
SELLER:
CITY OF EDGEW A TER, a Florida
municipal corporation
By:
DONALD A. SCHMIDT
Mayor
Executed on:
,2003
AUTHORITY TO APPROVE GRANTED
BY THE CITY COUNCIL OF THE CITY
OF EDGEW A TER AT A MEETING
HELD ON FEBRUARY 3, 2003.
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ParkTowne Purchase & Sale Agreement
EXHIBIT "A"
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"6.0..
AGENDA REQUEST
Date: 1/24/03
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT XX
ITEM DESCRIPTION:
Western Area Utilities Expansion Project-
Alignment Study
BACKGROUND:
At the City Council's Regular Meeting of November 4,2002, a work
order for engineering services to provide design, permitting, bidding
assistance, construction administration and construction inspection for the
City of Edgewater Western Area Utilities Expansion Project was awarded
to Quentin L. Hampton Associates, Inc. (QLH). The first Task of this
project is the submittal of the Alignment Study by QLH and approval of
the Alignment Study by City Council.
STAFF RECOMMENDATION:
Staff was presented a draft version of the Alignment Study and
after extensive review met with the Project Engineer to provide
the necessary input to develop the final version of the study. Staff
recommends approval of the Alignment Study for the Western
Area Utilities Expansion Project and requests authorization for
Quentin L. Hampton Associates, Inc. to proceed with the Final
Design and Bidding Phases of the Project.
PREVIOUS AGENDA ITEM:
v'
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
:r:-:ffi\M~\W~
Department 15irector
Gco,1\A~('J~
4~-
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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AGENDA REQUEST
Date: January28. 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT X
OTHER
BUSINESS
ITEM DESCRIPTION:
To authorize the purchase of a 16' Guardian Police Patrol boat from Boston Whaler
Corporation of Edgewater in the amount of $14,000.00.
BACKGROUND:
Boating Law enforcement is needed in the City of Edgewater to maintain the safety of the
waterways users, and to respond to other public safety needs, such as boat crashes,
overdue/lost boaters, plane crashes, illegal docking, and maintenance of established slow
speed corridors.
\.) The Guardian is a completely outfitted !Marked Police Patrol boat capable of working in
all inland weather conditions. It will allow the Police Department to operate during
nighttime hours and inclement weather conditions that limit other vessel operations (i.e.
Jet Skis). Marine enforcement and boating safety education activities along Edgewater's
Indian River area will be greatly expanded with the addition of this vessel. Edgewater's
Police Marine law enforcement expansion is also being strongly supported by the United
States Coast Guard and Florida Wildlife Commission, who routinely request mutual
aide/assistance from local law enforcement in our area.
STAFF RECOMMENDATION:
Staff recommends that the City purchase this vessel with Police impact funds in the
amount of$14,000.00.
ACTION REQUESTED:
Motion to authorize the purchase of Police Patrol from BostonWhaler.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
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PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
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AGENDA REQUEST
Date: 1/14/03
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION: .
Consulting Engineering Services
Hazelwood River Road Water Main Extension
BACKGROUND:
The property owners along Hazelwood River Road, which is located in
V olusia County but is within the City of Edgewater' s retail water and
sewer service area, have voted by certified ballot (67% in favor) to create
a 46 unit Special Assessment District (SAD) for the purpose of funding
the installation of water distribution lines along Hazelwood River Road.
The City of Edgewater will contract for the construction of the water
system, with engineering and construction costs estimated to be
$147,102.80. Volusia County will provide billing for the SAD in the
same manner as was done with Waterway Park property owners. The
Volusia County Council will address this SAD at their February 6, 2003
regular meeting (agenda item attached).
STAFF RECOMMENDATION:
Staff recommends approval of the proposal for engineering
services for the design, permitting, bidding assistance,
construction administration and construction inspection for the
Hazelwood River Road Water Main Extension as submitted by
Quentin L. Hampton Associates, Inc. for the sum of$26,501.55.
ACTION REOUESTED:
A motion to pprove the Hazelwood River Road Water Main Extension
engineering proposal from Quentin L. Hampton Associates, Inc. which
includes design, permitting, bidding assistance, construction
administration and construction inspection services in the amount of
$26,501.55, declare the project to be water impact fee eligible, per Sec.
19-46 of the City of Edgewater Code of Ordinances, and authorize the
City Manager to execute the engineering work order.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENl IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO
DATE: AGENDA ITEM NO.
Respectfully submitted;
~~0~
Department D' or
~~~~{',{"l1~
Robin Matusick, Paralegal l
dq:1!T~
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
.:-.
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.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
p.o. DRAWER 290247
PORT ORANGE. flORIDA 32129-0247
TElEPHONE
3861761-6810
FAX # 3861761-3977
Ema~: Qlha@QIha.com
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January 21, 2003
Mr. Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
HAZEL WOOD RIVER ROAD
WATER SYSTEM IMPROVEMENTS
Dear Terry,
It is in' the opinion of Quentin L. Hampton Associates, Inc. that the above referenced proejct is
indeed eligible for funding by the City of Edgewater Impact Fee Trust Funds for the expansion of
the primary wastewater and water systems. .
'0
Per Section 19-45, impact fee funds can be used only for the expansion of the primary water or
sewer system. The proposed water improvements are an .expansion of the primary system. and
therefore, eligible for impact fee funding. . . .
Please contact our office if you have any questions.
ON ASSOCIATES, INC.
David A. King, P.E.
Project Manager
DAK.:km
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C:\KIMS my docs\My Docmnents\WPDOCS\Edgewater\teny wadsworth hazelwood river road 1-21-03.wpd
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'" RICHARD W. FERNANDEZ, PE.
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, PE.
DAVID A. KING, PE.
VA.NDREW M. GIANNINI, PE.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
po. DRAWER 290247
PORT ORANGE. FLORIDA 32129-0247
TELEPHONE
386/761-6810
FAX # 386/761-3977
EmaiJ: qhampton@earthlink.net
September 19,2002
Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
RE: Hazelwood River Road Water Main Extension
Dear Mr. Wadsworth:
o
We appreciate the opportunity to offer this revised proposal for the amendment to above referenced project.
The original proposal, which was dated April 30, 2002, assumed the project was to be constructed as part
of the Waterway Park improvements. The revisions include the addition of required work for separate
bidding assistance and contract administration. The attached Scope of Services describes in detail the
services which we understand is required and intend to provide for this amendment. The Fee Proposal is also
attached and is in conformance with the payment schedule in our continuing services agreement which was
executed March 15, 1999. An Opinion of Probable Construction Cost is also attached. Average bid costs
from the Waterway Park project were utilized in the estimate. The original estimate utilized McMahan's
low bid unit cost. The proposal does not include any additional services not listed but may be required for .
the Vol usia Co~nty assessment process. . .
We look forward to the opportunity to serve the City of Edge water on this proj ecl. If you have any questions
or comments, please call me.
Sincerely,
QUENTIN L. HAMPTON ASSOCIATES, INC.
David A. King, .t.
Project Manager
IlL4/1 _J
~~
Mark A. Hampton, P .E. .
Vice President
DAK.:mt
Enclosures: Scope of Services
Fee Proposal
cc: Edgewater file
Q
Hazelwood River WM Extension.wpd
',-
SCOPE OF SERVICES AND FEE PROPOSAL
HAZEL WOOD RIVER ROAD WATER MAIN EXTENSION
GENERAL
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This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement
between the City of Edge water ("City") and Quentin L. Hampton Associates, Inc ("QLH") that was executed
on March 15, 1999. This Amendment shall add the listed work to the previously approved Work Order #5.
TASK 1 - PRELIMINARY DESIGN PHASE
No formal services ofthis type are required. Preliminary Design shall be incorporated into the Final Design
effort.
TASK 2 - FINAL DESIGN PHASE
Basis of Design and Project Limits: A potable water distribution main is proposed on Hazelwood River
Road between U.S. 1 and the Indian River. Individual services are proposed for all developed and
developable vacant lots along the route. Fire protection per County requirements is proposed. City of
Edgewater Standard Construction Details shall be utilized.
Design: Standard engineering practices shall be utilized in the design of this project. Survey shall include
all visible above ground features and shall be supplemented by private utility markups and collected field
data. Apparent rights-of-ways and property lines per found monumentation and tax assessor's information .
shall be provided. Deliverables shall include complete construction drawings drawn to the maximum scQ
of 1"=40'. .
Permitting: QLH will apply for a Water System Construction Permit from Volusia County Health
Department and a Right-of-Way Use permit from V olusia County at the 100% complete phase and respond
to all Requests of Additional Information (RAI's.) A $500.00 allowance is included for permit application
fees.
Quality Control: David King, P .E., will serve as Project Manager for QLH. Mark Hampton, P .E., QLH
Vice President, will serve as Peer Engineer for design review arid consultation.
Exclusions: QLH shall not be responsible for providing legal information regarding property descriptions
and ownership for any County assessments. Insurance liability prevents this from being part ofthis scope
of work.
Coordination: Upon notice to proceed, QLH shall initiate design. QLH will deliver two (2) copies each
ofthe90% and 100% plans/specifications to the City forreview and then coordinate meetings with City staff
to discuss each review, as necessary. QLH will coordinate all activities by our subconsultants.
Estimated Schedule: QLH shall deliver the 90% submittal (including a revised opinion of probable
construction cost) within 30 days of receipt-of the completed surveyor utility markups, whichever later.
QLH shall deliver the 100% submittal and apply for all permits within 15 days of receipt of City coromeD
Hazelwood River WM Extension. wpd
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Task 3 - Biddinl! Phase
Contract Documents: QLH will assemble complete contract documents including construction plans;
general and technical specifications; and bidding/contract documents (per City standard documents). Up
to six (6) copies of such documents will be provided to the City. QLH will also prepare and deliver a final
opinion of probable construction cost.
Advertisement: QLH will assist the City in the advertisement for bids. QLH will provide copies of the
proj ect documents to the City for distribution to bidders, answer/respond to questions from bidders, prepare
addendums for City issuance as necessary and attend the bid opening.
Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare a bid
tabulation. The qualifications ofthe low bidder(s) will be evaluated. This work also includes the evaluation
of any alternate bid work or materials. QLH will deliver the bid tabulation and a Recommendation of A w:ard
letter to the City.
Estimated Schedule: QLH shall complete these activities within the time frame required by the City.
TASK 3 - CONSTRUCTION PHASE
Contract Administration: QLH will provide project management with the coordination of the project
construction, assembly of conformed contract documents, coordination of a preconstruction conference,
review/approval of shop drawings, attendance at project coordination meetings, review/processing of
contractor's monthly pay requests, respond to contractor's questions, etc. The Project Manager will
continue to complete/manage this work during this phase. Quality control will be completed by the Peer
Engineer.
Resident Project Inspection: QLH will supply one fully qualified resident project inspector for part time
inspection for the duration of the project. The Inspector will observe the construction activities, verify
conformance with contract documents, review/observe all required tests, maintain a detailed log including
red-lined construction drawings, field verify all work quantities, collect/forward citizen complaints, and field
direct the contractor as necessary. Quality control will be completed by our Inspection Department Manager
and the Project Manager in the form of field visits and work product review. Estimated time is based on an
average of 4 hours per work day and a 90 day construction contract period with 45 days of actual
construction.
Project Closeout: QLH will complete/collect all ofthe required closeout paperwork including warranties,
as-built surveys, operations and maintenance manuals, certifications, and permit agency approvals. QLH
will also anriotate and amend the contractor supplied as-builts with additional information collected by the
Resident Project Inspector during the project.
Estimated Schedule: QLH shall complete these activities within the time frame required by the construction
activities. Final as-builts shall be delivered to the City within 30 days of receipt of the Contractor's final
as-builts.
Proposed Fees
QLH shall complete the above mentioned work for and estimated fee of $26,501.55. See the attached
estimated fee information. Fees other than the Inspector charges shall be lump sum. Actual hours expended
by the Inspector shall be charged. .
Hazelwood River WM Extension. wpd
CITY OF EDGEWATER
Hazelwood River Road Water Main Extension
Estimated Probable Cost of Construction
DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE
Potable Water System
8" DR 18, C900 PVC 2,200 L.F. $ 13.60 $ 29,920.00
6" DR 18, C900 PVC 800 L.F. $ 12.80 $ 10,240.00
4" DR 18, C900 PVC 240 L.F. $ 9.90 $ 2,376.00
12" x 8" Tapping Sleeve and Valve 1 EA. $ 5,000.00 $ 5,000.00
8" Gate Valve 3 EA. $ 835.00 $ 2,505.00
6" Gate Valve 1 EA. $ 633.00 $ 633.00
4" Gate Valve 1 EA. $ 446.00 $ 446.00
Fire Hydrant Assy., incl. 6" Gate Valve 8 EA. $ 2,560.00 $ 20,480.00
2" Blow-Off 1 EA. $ 750.00 $ 750.00
3/4" Single Service, Short Side 14 EA. $ 253.00 $ 3,542.00
3/4" Single Service, Long Side 14 EA. $ 532.00 $ 7,448.00
Restoration
Concrete Driveway Repair 350 S.Y. $ 27.50 $ 9,625.00
County Open Cut Road Repair 45 S.Y. $ 27.90 $ 1,255.50
Sod 3,600 S.Y. $ 2.25 $ 8,100.00
Miscellaneous
Layout Survey 1 L.S. $ 1,200.00 $ 1,200.00
Preconstruction Video 1 L.S. $ 500.00 $ 500.00
Extra/Deleted Ductile Iron Fittings 500 LBS. $ 1.45 $ 725.00
As-Built Survey 1 L.S. $ 1,300.00 $ 1 ,300.00
Exposing of existing utilities/structures 1 L.S. $ 1,500.00 $ 1,500.00
Lean Grout Well point Holes 1 L.S. $ 500.00 $ 500.00
Unsuitable Material Excavation/Replacement 10 C.Y. $ 8.20 $ 82.00
.
Rock Excavation 10 C.Y. $ 31.00 $ 310.00
Compliance with Trench Safety Act 1 L.S. $ 1,200.00 $ 1,200.00
Subtotal $ 109,637.50
10% Contingency $10,963.75
Total $120,601.25
Estimate Notes:
1) Assumes open cut of County roads
2) Actual costs may vary
3) QLH does not guarantee the accuracy of these costs.
Hazelwood River EslJmale.xls
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DEPARTMENT OF PUBLIC WORKS
WATER RESOURCES AND UTIUTIES
123 West Indiana Avenue-Deland, Florida 32720-4262
Telephone (386)943-7027-257-6000-423-3300- FAX (386)740-5162
January 15, 2003
RE: Proposed Special Assessment District to Install Water Unes to Hazelwood
River Road, Edgewater
Dear Property Owner:
This is to advise you that a Public Hearing will be held on Thursday, February 6, 2003
at 9:15 a.m. in the County Council Chambers located at 123 West Indiana Avenue,
DeLand to consider the creation of a Special Assessment District (SAD). The purpose
of this district is to install water distribution lines on Hazelwood River Road,
Edgewater. By certified ballot, 67% of the property owners on Hazelwood River Road
voted yes to create the SAD.
The estimated cost of the design and construction of the project is $147,102.80.
There is an impact fee to the City of Edgewater, af? the utility selVice provider, of
$1,250.00 per unit. Based on these costs, your preliminary assessment will be
$4,44 7.88 per parcel.
o
If the County Council approves the creation of the SAD, you will be notified as to your
final assessment and the method of payment upon completion of the water system
improvements. Please be aware that a lien for the amount of the assessment will
be placed on your property upon approval of the Special Assessment District.
If you have questions regarding the SAD, please do not hesitate to contact me at 386-
943-7027, extension 2724. For questions regarding the water utility installation,
please contact Terry Wadsworth, City of Edgewater, at 386-424-2460.
Sincerely,
Gloria Marwick, Director
Water Reso'urces & Utilities
GM:kky:F;\PWSC\WU\KKy\WORO\HZLWORRD\2ndllr.doc
cc: Cynthia A. Coto, County Manager
Dawn Lewis, Finance Department
Matthew G. Minter, County Attorney, Legal Department
Terry Wadsworth, City of Edgewater
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Agenda Item #: VC-l 03972046542].A
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J ::, :::: ;2/f.&,703 AGENDA ITEM
[ ] Ordinance T[ ] Resolution I[ ] Budget Resolution I[ ) Other
Department: Public Works File Number: VC-1039720465421-A
Division: Water and Utilities
Subject: TIME CERTAIN: 9:15 a.m.
Special Assessment District - Hazelwood River Road, Edgewater. Florida
Account Number(s): Special Assessment District - Installation of Water Lines TBD -
Agency Fund for $147,102.80
Total Item Budget: $147,102.80
Staff Contact(s): Gloria Marwick Phone: 943-7027 ext. 2724
Summary/Highlights:
Ha~elwood River Road is a medium density development located in the unincorporated
area south of Edgewater between U.S. 1 and the Indian River. All developed properties
other than those fronting U.S. 1 have individual potable wells and septic systems. Due
to a number of requests regarding the extension of water lines, Vol usia County Water
Resources and Utilities mailed surveys to the property owners to determine if there was
sufficient interest in establishing a Special Assessment District (SAD).
By certified ballot, 67% of the property owners on Hazelwood River Road voted "yes" to
create the SAD for installation of water lines. The District is comprised of 46 parcels
eligible for hookup in the City of Edgewater Utility Service Area. The City has contracted
Recommended Motion:
Adopt Ordinance 2003-02 creating the Hazelwood River Road Special Assessment
District and approve the Tentative Assessment Roll
OMS Legal
Approved Agenda Item
For:
Approved as to Approved as to
Budget Requirements Form and Legality
Council Action: Modification:
[ ] Approved as Recommended
[ ] Approved With Modifications
[ ) Oisapproved
() Continued Date:
http://enn.co.volusia.fl.uslelectronicagenJagendaitemprint2.asp
1/9/03
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1\genda Item #: VC-l 039720465421-A
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Summary/Highlights Continued;
for engineering, design and preparation of a project cost estimate. Volusia County will 0
administer the SAD and the City of Edgewater will manage the project and finance all
design and construction. Estimated cost of the project is $140,102.80. Property
owners will be assessed per connection at $3,197.88. Additionally, there is an impact
fee payable to the City of Edgewater, as the utility provider, of $1,250.00 per connection.
Based on these costs, the preliminary assessment will be approximately $4,447.88 per
parcel.
Finance has recommended an interest rate of 8% and installment payments for a 10-
year period.
http://enn.co.volusia.fl.us/electronicagenlagendaitemprlllU.asp
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