01-06-2003
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Voting Order
Councilman Brown
CouncilmanHamnvnd
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Counci!womanlichter
Mayor Schmidt
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
January 6, 2003
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A Regular "Meeting of November 18, 200:2
3. PRESENT A nONS/PROCLAMA nONS/PLAQUES/CERTIFICA TES/DONA TIONS
A Recognition of appointed/reappointed Board/Committee members.
B. Meet and welcome newly elected County Councilman Jack Hayman.
C. Mayor to present plaques to C.AP. members Bob McGovern, Jim Slemp,
Don Crawford, Beverly McGovern, Emilio Iezzi, Ruth Wahlers, Albert
Keller, Louis Schatzel, Connie Filer, Wynona Gaye Slemp, Anthony Marco,
Ronald Lucas, Dale Young, Glare Gebelein, Charles Pentz and Regina
Needham for their dedication to the citizens of Edge water.
4. CITIZEN COMMENTS
(Thi~ i~ th~ time fQr the pllQlic to cQme forwa,rcl with a,ny GQmment~ they may have, Plea~e
state your name and address, and please limit your comments to five minutes or
less.)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A 2nd Reading, Ord. No. 2002-0-22, Mary D. Hansen, Esquire, agent for owners
Rick and Sheila Rosen, is requesting annexation of approximately 23.5 acres
of property located at 3149 W. Indian River Boulevard into the City of
Ed~ewater.
I. BOARD APPOINTMENTS
None at this time.
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 of a consent agenda is that any member of the City Council may remove any item
from the c{)nsent 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 Edgewater Citizen Watch Association. Inc. - staff recommending adoption
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of Articles Qncorporation and proposed By-Laws Qhe "Association".
9.
OTHER BUSINESS
A. Reclaimed Water Augmentation Proiect Change Order # 1 - staff
rec{)mmending authorization for the City Manager to execute Change Order
#1 fQr an amQlillt Qf$14,151.26 tQ GIQ~e Qllt ~ng ~GG~pt th~ "Project" with
Wharton Smith, Inc. for a total contract amount of$2,106,151.26.
B. ParkTowne Industrial Center - staff recommending approval of the Zoning
Agreement and Declaration of Covenants, Conditions and Restrictions of
PafkTQwn~ Industrial C~nt~f.
10.
OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Reschedule/cancel meeting of February 17,2002 (Presidents' Day).
2) Draft Purchase and Sale Agreement for property in the ParkTowne Industrial
Center.
11.
CITIZEN COMMENTS/CORRESPONDENCE
12.
ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments
tQ five mi!!'It~~ Qf l~~~!
2) All items for inclusion on the February 3, 2003, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, January 27, 2003.
Pursuant to Chapter 286, F s., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of 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.
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EDGEWATER POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
DATE:
Decem ber 30, 2002
TO:
Chief Michael Ignasiak
Ofc. Timothy ~V
FROM:
SUBJECT:
Recognition ofe. A. P. Members
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The following members are of good standing with the Citizens Assisting Police and
are to be recognized on January 06, 2003 by the City Council for their Dedication to
the citizens of Edgewater.
BOB McGOVERN
JIM SLEMP
DON CRAWFORD
BEVERLY McGOVERN
EMILIO IEZZI
RUTH WAHLERS
ALBERT KELLER
LOUIS SCHATZEL
CONNIE M. FILER
WYNONA GAYE SLEMP
ANTHONY F. MARCO
RONALD L. LUCAS
DALE D. YOUNG
CLARE V. GEBELEIN
CHARLES R. PENTZ
REGINA M. NEEDHAM
Respectfully submitted-
3 years of service
3 years of service
3 years of service
3 years of service
3 years of service
3 years of service
3 years of service
3 years of service
1 year of service
1 year of service
1 year of service
1 year of service
1 year of service
1 year of service
1 year of service
1 year of service
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AGENDA REQUEST
Date: December 30. 2002
PUBLIC
HEARING X
BOARD
APPOINTMENT
RESOLUTION
ORDINANCE 1-06-03
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2002-0-22
Mary D. Hansen, Esquire, agent for owners Rick and Sheila
Rosen, is requesting the annexation of approximately 23.5 acres
of property located at 3149 W. Indian River Boulevard into the
City of Edgewater.
PROPOSED USE: Single Family Residential Subdivision and Commercial.
CURRENT LAND USE: Agriculture, Commercial, and Residential
FLUM DESIGNATION: Volusia County - Agriculture
WNING DISTRICT: Volusia County - A-3, (Transitional Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM DesiJ(nation ZoninJ( District
North Vacant V olusia County - Low Impact V olusia County - A3,
Urban Transitional Agriculture
East Vacant V olusia County - Low Impact Volusia County - A3,
Urban & Environmental Systems Transitional Agriculture
Corridor
South Vacant Low Density Transition & V olusia RC, Resource Corridor &
County - Low Impact Urban Volusia County A3,
Transitional Agriculture
West Vacant Mixed Use wI Conservation Overlay Volusia County - A3,
Transitional Agriculture
AN-0202- Rosen
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Background 0
This property currently contains an active orange grove, a storage and transport terminal for the grove production,
motorcycle freight, and a single family residence. This site is located on the northwest comer ofS.R. 442 and Old
Mission Road and is contiguous to present City Limits.
The applicant proposes a mix of residential and commercial uses for this site (Exhibit D). There shall be no future
development along the S.R. 442 frontage portion of this property until such time that the S.R. 442 Corridor
Overlay regulations are adopted.
The current property uses may continue, provided the owner maintains the present screening. Once the property is
sold, developed, or adjacent property is developed, the uses must be compliant with current City standards.
These issues are formally addressed in the Annexation Agreement.
City Council voted to approve the annexation at fIrst reading on December 16, 2002.
Land Use Compatibility
The majority of the surrounding properties are vacant. There is a single family residence to the southwest and
further to the southwest is Florida Shores Truck Center.
Adequate Public Facilities
This site has access to S.R. 442 and Old Mission Road. City water and sewer services are currently in the design
stage for properties in this areas. The owner shall connect to these systems within three (3) months of availability.
Other Matters
A future land use amendment and rezoning of this property will occur at a later date.
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STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2002-0-22, the annexation and corresponding Annexation
Agreement for property located 3419 W. Indian River Boulevard.
ACTION REQUESTED
Motion to approve Ordinance No. 2002-0-22 and corresponding Annexation Agreement.
FINANCIAL IMP A<;:T: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES: X
NO:
DATE: December 16. 2002
AGENDA ITEM NO. 6D
Respectfully Submitted By:
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Robin Matusick \
Paralegal
V-~&~~'" "- '\ i'-'-
Kenneth R. Hooper \ u_
C~Manager C)
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ORDINANCE NO. 2002-0-22
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3149 STATE ROAD #442, VOL USIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF
THE ANNEXATION AGREEMENT; AMENDING THE
DESCRIPTION OF CITY OF EDGEW A TER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Mary D. Hansen, Esquire is the agent of record for Rick Rosen and Sheila Rosen who
are the owners of certain real property located at 3149 State Road #442, in V olusia County, Florida.
Subject property lies north of State Road #442 and west of Mission Road and contains approximately
23.5 acres more or less.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
Struck tmough passages are deleted.
Underlined passages are added.
2002-0-22
1
5. After a meeting on December II, 2002, the Planning and Zoning Board reviewed the
petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and
incorporated by reference, is hereby annexed into and made part ofthe City of Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe municipality and
to the terms of that certain Annexation Agreement which is attached hereto and incorporated by
reference as Exhibit C.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described above and depicted in the map identified as Exhibit B.
3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
Stl lick tht ough passages are deleted.
Underlined passages are added.
2002-0-22
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PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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PART E.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the first reading/public hearing of this ordinance held on December 16,2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
, the
Struck tlnough passages are deleted.
U Underlined passages are added.
2002-0-22
3
vote on the second reading/public hearing of this ordinance held on
was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
St1tlck trnough passages are deleted.
Underlined passages are added.
2002-0-22
,2002,
AYE NAY
day of
,2002.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of December, 2002 under Agenda Item No.
6D.
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map Book 7, Page
73 of the Public Records of V olusia County, Florida, except portions now lying in road right of way
and except that portion of Lot 3 lying easterly of Old Mission Road, being more particularly
described as follows: for a Point of Beginning, commence at the northwesterly comer of said Lot 1;
thence N 690 34' 32" E, along the northerly line of said Lots 1,2 and 3, a distance of 1120.52 feet
to the westerly right of way of Old Mission Road; thence S 18026' 19" E, along said westerly right
of way, a distance of 698.57 feet to the northerly right of way of State Road No. 442; thence along
said northerly right of way of State Road No. 442 the following courses and distances, S 71033' 41"
W, a distance of22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet; thence S 650 06' 25"
W, a distance of 9.84 feet; the westerly line of said Lot 1; thence leaving said northerly right of way
of State Road No. 442, N 21016' 54" W, along said westerly line of Lot 1, a distance of949.29 feet
to the Point of Beginning. Containing 23.50 acres more or less.
Parcel #8438-02-00-0010
Parcel #8438-02-00-0020
Stl u"k tluotlgh passages are deleted.
Underlined passages are added.
2002-0-22
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ExhibitC
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ROSEN ANNEXATION AGREEMENT
TillS AGREEMENT made and entered into this
day of
2002 by and between the CITY OF EDGEW ATER, FLORIDA. a municipal
corporation. located at 104 North Riverside Drive. Edgewater. Florida 32132. (hereinafter
referred to as "City") and Rick Rosen and Sheila Rosen. Post Office Box 1. Edgewater.
Florida 32121, (hereinafter referred to as "Owner").
WHEREAS. the Owner owns approximately 23 acres of land lying immediately
adjacent to the corporate boundary of the City. as described in Exhibit "A" hereto
(hereinafter "the Property"); . and
WHEREAS. in order to obtain the right to develop under City jurisdiction and
regulations. and to provide for the future extension of City utilities to the Property. .
Owner has caused a Petition for Voluntary Annexation to be filed for the property
described in Exhibit "A"; and
WHEREAS. the City is desirous of annexing said property. and has satisfied
itself that the conditions for annexation and the economics thereof are satisfactory.
NOW, THEREFORE. based on the foregoing. the parties agree as follows:
1. DES~TION
The Property which is the subject of this Agreement consists of approximately 23
acres located on the northwest comer of S.R. 442 and Mission Road. The property is
more specifically described in the legal description. which is attached hereto and
incorporated by reference as Exhibit "A".
2. PERMITTED USES
City acknowledges the proximity ofthe annexed area to the Interstate 95/S.R. 442
interchange and the adopted mixed use designation, Planned Unit Development (PUD)
zoning is appropriate and-compatible with the City's desire to create a commercial and
tourism-oriented gateway to the City. The site can support approximately 8.5 acres of
co~ercial development along the S. R. 442 frontage and approximately fifteen acres of
single family residential development on the northern section of the Property. The
residential portion will consist of an approximate density of less than three dwelling units
per acre. As long as the Corridor Overlay regulations (presently being drafted) are met,
the City finds the mixture of uses and proposed densities to be generally consistent with
its vision for this area, and to that end will entertain consideration of a consistent
comprehensive plan and zoning request by the Owner. Any future development within
the annexed area shall be developed in compliance with the all applicable City
ordinances, resolutions, and regulations effective at the time of application for such
development, including the adopted Corridor Overlay regulations for S.R. 442, unless
otherwise provided herein
The Owner's existing uses may continue, provided he maintains his present
screening. At the time the Property is sold, developed or adjacent property is developed,
the uses must be consistent with the City's Land Development Code.
UTILITIES
Owner agrees to connect to and utilize the City's water and wastewater
distribution systems within three (3) months of the time an infrastructure development
permit is issued for development activities under the proposed PUD. Owner agrees to
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pay normal connection and impact fees associated with the installation of these systems.
Owner agrees to provide all required utility easements for services, and will consult with
the City as to the location and size needed for such easements, and will require any
buyers of the Property to take subject to such easements.
3. ROADS
The City will provide permitting assistance to Owner in suitably locating an
access road from the Property to Old Mission Rd., and will provide any expressions of
support of such location to any regulatory agencies required to approve the access to Old
Mission Road.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual or corporation not
already a party to this Agreement, the purchaser of the property shall be bound by the
terms of this Agreement and applicable regulations of the City, where not inconsistent
with, or contrary to, this Agreement. Accordingly, the City shall, at Owner's expense,
record the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City recognizes the existing development of the annexed area in the manner
defined by this Annexation Agreement and the existing uses listed in Exhibit "B". The
City acknowledges the proposed mixed use designation as generally consistent with its
future land use policies and goals for the 1-95/S.R. 442 intersection. The parties eXpCct to
upgrade the design and improvements on the Property as the existing uses are replaced
with development pursuant to PUD zoning and the then-applicable standards and
ordinances of the City, including adopted Corridor Overlay requirements.
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6.
AMENDMENT
This Agreement may only be amended in writing, upon mutual consent of the
parties. The parties specifically acknowledge their intent to modify this Agreement by
way ofa PUD zoning, which shall be recorded upon its execution with the Volusia
County Clerk of Court.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS
PARTICULAR MATTERS
To the extent there is a conflict between this Agreement and any existing City
resolution, regulation or ordinance, this Agreement shall control. However, all other
. applicable City ordinances in effect at the time of execution of this Agreement continue
to apply. Further, the failure of this Agreement to address a particular permit, condition,
term or restriction shall not forgive the necessity of complying with the law governing
said permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department head interpreting
the terms of this Agreement, that party shall first file a Written appeal with the City
Manager within fifteen days of the adverse decision. If Owner is aggrieved by a decision
of the City Manager, an appeal shall be made to the City Council. The appeal shall be
initiated within fifteen days of the adverse decision by filing of a written request with the
. City Manager for placement of the issue on the City Council agenda. The appeals before
either the City Manager or the City Council shall be de novo.
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9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective legal representatives
and their successors in title and interest. The provisions of the Agreement and all
approved plans shall run with the land, and shall be administered in a manner consistent
with the laws of the State of Florida.
10. GOVERNINGLAW
This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made
and entered into the date and year last written below.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
By:
Donald A. Schmidt
Mayor
Dated:
Robin L. Matusick
Legal Assistant
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Witnessed by:
OWNER:
Rick Rosen
Dated:
Sheila Rosen
Dated:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
, 2003, by Rick Rosen, who is personally known to me or who has
produced . as identification and who did not
take an oath.
Stamp/Seal
Notary Public
Printed Name of Notary
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2003, by Sheila Rosen, who is personally known to me or who
has produced as identification and who did not
take an oath.
Stamp/Seal
Notary Public
Printed Name of Notary
My Commission Expires:
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map
Book 7, Page 73 of the Public Records of Vol usia County, Florida, except portions now
lying in road right of way and except that portion of Lot 3 lying easterly of Old Mission
Road, being more particular described as follows: For a Point of Beginning, commence at
the northwesterly corner of said Lot 1; thence N 69034' 32", along the northerly line of
said Lots 1,2 and 3, a distance of 1120.52 feet to the westerly right of way of Old
Mission Road; thence S 18026' 19" E, along said westerly right of way, a distance of
698.57 feet to the northerly right of way of State Road No. 442; thence along said
northerly right of way of State Road No. 442 the following courses and distances, S 710
33' 41" W, a distance of 22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet;
thence S 65006' 25" W, a distance of9.84 feet; the westerly line of said Lot 1; thence
leaving said northerly right of way of State Road No. 442, N 21016' 54" W, along said
westerly line of Lot 1, a distanCe of949.29 feet to the Point of Beginning, Containing.
23.50 acres more or less (also known as Parcel J.D. numberS 8438-02-00-0010 and 8438-
02-00-0020).
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EXHIBIT "B"
EXISTING USES
1 single family residence
1 guest house
Storage buildings as existing
Office building/retail sales
Semitrailer parking and transportation tenninal (limited to Owner's own or leased trucks
and trailers)
Fruit production and sales of agricultural products
Bike Week and Biketoberfest primitive camping (limit 20 sites)
Musical entertainment on the last Saturday of Bike Week and Biketoberfest, 7:00 p.m.
, until 3:00 a.m., for so long as no residential development occurs within lOOfeet of the
Property boundary.
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AGENDA REQUEST
Date: December 20. 2002
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT X
ITEM DESCRIPTION:
To authorize the filing of the Articles of Incorporation for the Edgewater Citizen Watch
Association, Inc. (A Florida Not For Profit Corporation).
BACKGROUND:
The purpose of the Edgewater Citizen Watch Association corporation is to promote crime
prevention throughout the City of Edgewater by educating the public and increasing
awareness of criminal activity and victimization. The Association will also describe the
positive crime prevention measures available to protect the residents and their property.
The association will involve the public in crime awareness, crime resistance and crime
reporting. The Association shall be a not-for-profit organization that is incorporated to
do business in the State of Florida. The Association will assist in promoting, funding and
developing the Citizens Assisting Police Program, Neighborhood Watch Program and
Crime Prevention Program.
STAFF RECOMMENDATION:
Staff recommends the City adopt the Articles of Incorporation of the Edgewater Citizen
Watch Association, Inc.
ACTION REQUESTED:
Motion to authorize the filing of the Articles of Incorporation of the Edgewater Citizen
Watch Association, Inc.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Robin Matusick, Paralegal
~~
City Manager
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ARTICLES OF INCORPORATION
OF
EDGEWATER CITIZEN WATCH ASSOCIATION, INC.
(A Florida Not For Profit Corporation)
The undersigned, acting as incorporators of a not for profit corporation pursuant to
Chapter 617, Florida Statutes, adopUhe following Articles ofIncorporation.
ARTICLE I
CORPORATE NAME, PRINCIPAL OFFICE
AND MAILING ADDRESS
The name of this Corporation shall be: EDGEW ATER CITIZEN WATCH
ASSOCIATION, INC., with its principal office located at 135 East Park Avenue, Edgewater,
Florida 32132 and its corpora!e mailing address being the same.
ARTICLE II
POWERS AND PURPOSE
A. This corporation shall have and exercise all powers conferred upon not for profit
corporations under the laws of the State of Florida generally and specifically as provided in
Section 617.021 of the Florida Not For Profit Corporation, Act, as amended;
B. The general purposes for which the corporation is initially organized are as follows:;
1. To advance crime prevention throughout the City of Edgewater, Florida, by
educating the public by increasing their awareness of criminal activity and victimization and of
the positive measures available to protect themselves and their property from crime; to involve
the public in crime awareness, crime resistance and crime reporting; and
2. To transact any other business in which a not-for-profit corporation may lawfully
be engaged, in accordance with Chapter 617, Florida Statutes, and the restrictions contained in
these articles; including, without limitation, the provisions of Article XIV and subsection (c) of
this Article; and
3. To operate exclusively for "charitable purposes", as that term is defmed in
Section 501 (c)(3) of the Internal Revenue code of 1954, as amended, and the regulations
promulgated under that section,
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ARTICLE III
NONSTOCK CORPORATION
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This corporation is organized upon a nonstock basis and shall not issue shares of stock.
No dividend shall be paid, and no part of the income of the corporation shall be distributed to its
members, directors, or officers.
ARTICLE W
TERM OF EXISTENCE
This Corporation shall have perpetual existence, commencing upon filing of these
Articles.
ARTICLE V
REGISTERED AGENT
AND
INITIAL REGISTERED OFFICE
The Board of Directors, from time to time, may move the Registered Office to any other
address in the State of Florida.
ARTICLE VI
MEMBERSHIP
a.) Regular membership of the corporation shall be available to any person who is a
resident of the City of Edge water who wishes to be involved in crime prevention as approved by
the Board of Directors.
b.) Membership shall not be denied in the corporation because of race, religion, or
sex.
c.) Except as otherwise prescribed herein, the qualifications for members and the
manner of their admission, the different classes of membership, the voting and other rights and
privileges of members and the termination of membership, shall be as regulated by the by-laws. 0
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ARTICLE VII
BOARD OF DIRECTORS
This Corporation shall have five (5) directors initially. The number of directors may be
increased or diminished from time to time by By-Laws adopted by the Board of Directors, but
shall never be less than three (3). The qualifications for Directors, the manner of nomination and
selection of directors, terms of office, suspension and removal of directors and other matters
relating to the election or holding office of members of the Board of Directors shall be as
regulated by the By-laws.
ARTICLE VIII
INITIAL DIRECTORS
The names of the initial Directors of this Corporation and their street addresses are:
TIMOTHY R. BALL
2221 Victory Palm Drive
Edgewater, Florida 32141
PillLLIP SMITH
1403 Umbrella Tree Drive
Edgewater, Florida 32141
BEVERLY McGOVERN 451 Los Indios
Q Edgewater, Florida 32141
LESLIE ALLISON 749 Navigators Way
Edgewater, Florida 32141
(;
GEORGE ANN KELLER 3039 Unity Tree Drive
Edgewater, Florida 32141
The persons named as initial directors shall hold office for the first year of existence of
this Corporation or until his or her successors are elected or appointed and have qualified,
whichever occurs first.
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ARTICLE IX
OFFICERS
The officers of this Corporation shall be a President, First Vice-President, Second Vice-
President, Secretary and Treasurer, and any other office as the Board of Directors may deem
necessary. Any two or more offices may be held by the same person. All officers shall be active
members of the corporation. All officers shall be elected by, and serve at the pleasure of the
Board of Directors.
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ARTICLE X
INITIAL OFFICERS
o
The names of the initial officers of this Corporation and their street addresses are:
President
TIMOTHY R. BALL
2221 Victory Palm Drive
Edgewater, Florida 32141
First Vice-President
PlllLIP SMITH
. 1403 Umbrella Tree Drive
Edgewater, Florida 32141
Second Vice-President
GEORGE ANN KELLER
3039 Unity Tree Drive
Edgewater, Florida 32141
Secretary
LESLIE ALLISON
749 Navigators Way
Edgewater, Florida 32141
Treasurer
BEVERL Y McGOVERN
451 Los Indios
Edgewater, Florida 32141
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ARTICLE XI
INCORPORA TORS
The names and addresses of the persons signing these Articles of Incorporation as the
Incorporators are:
TIMOTHY R. BALL 2221 Victory Palm Drive
Edgewater, Florida 32141.
PlllLLIP SMITH 1403 Umbrella Tree Drive
Edgewater, Florida 32141
BEVERLY McGOVERN 451 Los Indios
Edgewa:ter, Florida 32141
LESLIE ALLISON 749 Navigators Way
Edgewater, Florida 32141
GEORGE ANN KELLER 3039 Unity Tree Drive
Edgewater, Florida 32141
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ARTICLE XII
AMENDMENTS
These Articles ofIncorporation may be amended by an affIrmative vote ofthe majority of
those members present at the annual meeting or at a special meeting called for that purpose.
ARTICLE XIII
INDEMNIFICA TION
this corporation shall indemnify any officer, director, employee or agent, and any former
officer, director, employee or agent, to the full extent pennitted by law.
ARTICLE XIV
RESTRICTIONS ON OPERATION
(a) No part of the net earnings of the corporation shall inure to the benefit of or be
distributed to its incorporators, directors, officers, or members, or to any other private person,
except that the corporation shall be authorized and empowered to pay reasonable compensation
for services rendered and to make payments and distributions in furtherance of the purposes
prescribed in Article II. The corporation may pay compensation in a reasonable amount to one
or more of its officers for services rendered to the corporation.
(b) No substantial part of the activities of the corporation shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and the corporation shall not
participate in, or intervene in (including the publishing or distribution of statements) any political
campaign on behalf of any candidate for public office.
(c) Notwithstanding any other provision of these Articles, the corporation shall not
carry on any other activities not permitted to be carried on (i) by a corporation exempt from
Federal Income Tax under Section 501 (c)(3) of the Internal Revenue code of 1954 (or the
corresponding provision of any future federal tax code;) or (ii) by a corporation, contributions to
which are deductible under Section 170(c)(2) of the Internal Revenue code of 1954 (or the
corresponding provision of any future federal tax code.)
(d) If the corporation shall be or become a "private foundation", as that term is
defined in Section 509 of the Internal Revenue Code and the regulations thereunder, as that
section or regulations now exist or may hereafter tbe amended, the corporation shall be
prohibited from engaging in the activities which are proscribed in Section 617.0105 of the
Florida Statutes (1983).
ARTICLE X
DISSOLUTION
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In the event this corporation sho~ld be dissolved for any cause, all of its assets and any
funds resulting from the sale of its property shall be used exclusively in furtherance of the
purposes enumerated in these Articles, and none of its funds or property shall inure to the profit
of any private individual or corporation. Any distributions hereunder shall be paid as determined
by the Board of Directors, over to a local organization or local organizations, as the case may be,
with similar aims to those of this corporation having qualified for exemption under 501(c)(3),
501(c)(7), or 170(c)(2), of the Internal Revenue Code of 1954.
IN WITNESS WHEREOF, the undersigned as Incorporators have executed the
foregoing Articles ofIncorporation on this _ day of , 2002.
TIMOTHY R. BALL
PIDLLIP SMITH
BEVERL Y McGOVERN
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LESLIE ALLISON
GEORGE ANN KELLER
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE ME, a Notary Public, personally appeared, TIMOTHY R. BALL, PHILLIP
SMITH, BEVERY McGOVERN, LESLIE ALLISON and GEORGE ANN KELLER, who are
personally known to me or who have produced
as identification and who executed the
foregoing Articles of Incorporation, and acknowledged before me that they subscribed to these
Articles ofIncorporation on this _ day of , 2002.
Notary Public - State of Florida
Commission No.:
My Commission Expires:
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CER TIFICA TE
In compliance with Section 48.091, Florida Statutes, the following is submitted:
That EDGEWATER CITIZEN WATCH ASSOCIATION, INC., desiring to organize
under the laws of the State of Florida, with its principal office as indicated in the Articles of
Incorporation, at the City of Edgewater, County of Volusia, State of Florida, has named
TIMOTHY R. BALL, 135 East Park Avenue, Edgewater, Volusia County, Florida. as its agent to
accept service of process within this State.
ACKNOWLEDGMENT
Having been named to accept service of process for the above-named corporation, at the
place designated in this Certificate, the undersigned agrees to act in this capacity, and agrees to
comply with the provisions of Florida relative to keeping the designated office open.
TIMOTHY R. BALL, as Registered Agent
Section 1
Section 2
Section 1
Section 1
Section 2
Section 3
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EDGEW A TER CITIZEN W A TCD ASSOCIATION, INC.
PROPOSED BY -LAWS
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Article I
Ol'2anization
The name of this organization shall be known as Edgewater Citizens Watch
Association, Inc. and shall be a non-profit, non-political organization.
The organization may at its pleasure, by a two-thirds vote of members present,
change its name at any given general membership meeting, provided that all
members are notified ten days prior.
Article n
Purpose
The purpose or purposes for which the Association is formed is to develop and
promote programs within the city of Edge water, which will help support the
Citizens Assisting Police Program, Neighborhood Watch Programs, Crime
Prevention Programs and as well as other programs supported by the City of
Edgewater Police Department and for the good of the residents of Edge water.
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Article m
Membership
Membership is open to all residents of the City of Edge water.
Members in good standing shall be eligible to hold office, vote and participate fully
in all association activities.
A "member in good standing" is hereby defined to be a member whose dues are
current. Any member not in good standing of this article, may be restored to good
standing by payment of all past amounts due, plus the amount necessary to pay up
to the next anniversary date. The reinstatement shall be approved or rejected by
action of the Board of Directors.
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Section 4
Section 5
Section 6
Section 1
Section 2 .
Section 1
Section 1
Section 2
Section 3
The Board of Directors may, by quorum vote at any meeting, expel any member
for just cause, provided said member shall have been given at least ten days prior
notice and be allowed the opportunity of appearing before the board at the
meeting.
No person shall be denied membership in this association because of race, religion
or gender.
Annual membership dues shall be $ 15.00 payable October 1st of each year.
Article IV
Meetinl!s
Meetings shall be held on the third Friday of each month at 12:00 noon. Located at
the a place designated by the President. The Secretary shall set the date and notifY
the membership.
The presence of not less than 25% of the membership at a meeting shall constitute
a quorum and shall be necessary to conduct the business of the association.
Article V
Officers
Officers of the Association shall be President, 1 st Vice President, 2nd Vice
President, Secretary, Treasurer. The office ofthe Secretary and Treasurer may be
combined at the discretion of the board.
Article VI
Election. Term of Office. Elie:ibilitv
Officers shall be elected annually by the membership at its annual meeting or until
hislher death, resignation or removal prior thereto.
Removal. The President, 1 st Vice President, 2nd Vice President, Secretary and
Treasurer may be removed at any time, with cause, but only by a two thirds
majority vote of the Association membership in attendance at the next meeting.
President. The President shall preside over all regularly scheduled meetings and
shall be responsible for the overall administration of the business and affairs of the
association. He/She shall perfonn all duties of the office of the President as
prescribed from time to time by the membership.
Section 4
Section 5
Section 6
Section 7
Section 1
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1 st Vice President. The 15t Vice President shall preside in the absence of the
President and shall assume such other duties as from time to time may be assigned
by the president.
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200 Vice President. The 2nd Vice President shall preside in the absence of the
President and 15t President and shall assume such other duties as from time to time
may be assigned by the President.
Secretary. The Secretary shall
A. Keep minutes of the meetings of all association and executive board
meetings.
B. See that all notices are duly given in accordance with the provisions of
these by-laws or as required by law.
C. Be custodian of the records.
D. Have charge of the membership records of the association.
E. In genera4 perform all prescribed duties of the office of Secretary and such
other duties provided by these by laws which may be assigned by the
President.
Treasurer. The Treasurer shall
A. Receive and be responsible for all funds of and securities owned or held by
the association and, in connection therewith, keep or cause to be kept full
and accurate records and accounts for the association; deposit or cause to
be deposited to the credit of the organization all funds and securities so
received in such bank or other depository as designated; and disburse or
supervise the disbursement of the funds of the association as may be
properly authorized.
B. Render to the membership at any meeting thereof, or from time to time
whenever the President of the association may inquire, financial and other
appropriate reports on the status of the association.
C. In general, perform all duties prescribed for the office of Treasurer and
such duties as from time to time may assigned by the President.
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ARTICLE VII
COMMITTEES
There shall be a standing committee for the following; Membership, Nomination,
Citizens Assisting Police, Crime Prevention, Good of the Community, Awards
Banquet.
Page 3
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. Section 2
Section 1
Section 1
Section 2
Section 3
Section 4
Appointment to special committees may be made by the President from time to
time.
ARTICLE VIII
EXECUTIVE BOARD
The business of the Association shall be managed by an Executive Board
consisting of the five (5) elected officers. The immediate past President will be an
ex-officio member of the Executive Board with voting privileges only in case ofa
tie. Such Board shall only act in the same of the organization when it shall be
regularly convened by the President after due notice to all board members of such
meetings. A quorum shall consist of fifty (50) percent plus one of the full
membership of the Executive Board. Each Board member shall have one vote and
such voting may be done by proxy on any known issues. The Executive Board may
make such rules and regulations covering its meeting as it may, in its discretion,
deem necessary.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Fiscal Year. The fiscal year of the association shall begin at 12:01 a.In. on the:first
day of January of each and every year.
Depositories. The President or an Officer designated by the President, shall
appoint banks, trust companies, or other depositories in which shall be deposited,
as required, the monies or securities of the association.
Checks, Drafts, Notes. All checks, drafts or other orders for payment of money
and all notes or other evidence of indebtedness issued in the name of the
association shall be signed by any two of the elected officers.
Amendment of bylaws. These bylaws may be extended, modified or repealed and
new bylaws may be adopted after reading the proposed changes at the next annual
meeting. It shall require two-thirds majority vote of the membership in attendance
to enact any changes in the bylaws as set forth in this section.
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AGENDA REQUEST
Date: 12/17/02
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
xx
CONSENT
ITEM DESCRIPTION:
Project Closeout and Approval of Final Change Order -
Reclaimed Water Augmentation Project
BACKGROUND:
The contractor for the City's Reclaimed Water Augmentation Project,
Wijarton Smith, Inc. of Lake Monroe, Florida, has completed the
reclaimed water project. The original contract amount approved by City
Council as a result of bid # 01-WW-02 was $2,092,000.00. The final
contract cost is $2,102,151.26, or a net increase of$14,151.26, the
amount of proposed Change Order No.1 which consists of the following
items.
CWorine (Ch) Enclosures $ 4,728.97
Tank Ladder 5,486.64
Check Valve Modification 5,041.59
Veriable frequency drive (VFD) Signal to Augmentation Pump Station
1,036.12
1,910.87
3,327.59
- 7.380.52
$14,151.26
Signal Wiring for the Ch Analyzer
City of Edgewater Building Permit Costs
Flow Meter Modifications
Total Change Order Amount
STAFF RECOMMENDATION:
Staff recommends approval of Change Order # 1 for the
Reclaimed Water Augmentation Project at an additive cost of
$14,151.26, and approval to close out and accept the project with
Wharton Smith, Inc. at a final cost of$2,106,151.26. It should
be noted this is a very minor change order for a project of this
magnitude and is a direct result of good design by PEC, good
Construction Administration and Inspection by Quentin L.
Hampton, good coordination by City Staff, and a competent
contractor in Wharton Smith, Inc. who completed the Project on
time and did an excellent job. The Superintendent of the job, Mr.
David Stankovich, is an Edgewater resident and took great pride
in this project within his community.
Motion to approve Change Order # 1, authorize the City Manager to
execute on behalf of the City at an amount of $14, 151.26, and to close out
and accept the Reclaimed Water Augmentation Project with Wharton
Smith, Inc. for a total contract amount of $2,106,151.26.
U FINANCIAL IMPACT: (FINANCE DIRECTOR)
ACTION REQUESTED:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) .
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~C~)'A.)~ ~~'el\.
Department D~ctor Robin Ma~sick, Paralegal
,
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City Manager
C:\MyDocirnents\TerrysFiles\AgendaRequest
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PERIODIC ESTIMATE FOR PARTIAL PAYMENT
ITY OF EDGEW A TER
ROJECT: EDGEW A TER A WWfF
FOR PERIOD
11/1/02 TO 11130/02
PERIODIC
ESTIMATE
NO.
10
. Change Order #1
14,151.26
14,151.26
11I",'l"".f,I~"'~~{g,=~g"t~.iH~"W~~iii~~~~
:~,.f ]fil~~~~I__'t.n~~AW$~~~~~1':::_: ~:,'k&~m~ ~14'~l:5..la~I
3. ANALYSIS OF ADnJSTED CONTRACT AMOUNT TO DATE
A. ORIGINAL CONTRACT AMOUNT (Col. 5 - front of this fonn).................................................................................................................................... $
B. PLUS: ADDmONS SCHEDULED IN COLUMN 5 ABOVE.............................................................................................................. +
C. LESS: DEDUCTIONS SCHEDULED IN COLUMN 7 ABOVE..............................................................................................................................
D. ADnJSTED CONTRACT AMOUNT TO DATE............................................................................................................................................................. $
4. ANALYSIS OF WORK PERFORMED
A. COST OF ORIGINAL CONTRACT WORK PERFORMED TO DATE (Co\. 7 front of fonn)........................................................................................ $
B. EXTRA WORK PERFORMED TO DATE (Co\. 6 above minus col. 7)...............................................................................................
C. TOTAL COST OF WORK PERFORMED TO DATE...................................................................................................................................
D. LESS: AMOUNT RETAINED: 0%
. E. NET AMOUNT EARNED ON CONTRACT WORK TO DA TE..................................:............................................................................................
F.. ADD: 95% MATERIALS STORED AT CLOSE OF TIllS PERIOD = $0.00 .......................................:................................................
G. SUBTOTAL OF E. AND F............................................................................................................................................................................................... $
H. LESS AMOUNT OF PREVIOUS CERTIFICATES FOR PA YMENT...................................................................................................
"" ..1. BALANCE DUE TIllS PA YMENT......................................................................................................................................................
UERTIFICA TE OF CONTRACTOR PERCENT COMPLE1E
According to the best of my knowledge and belicf, I certify that all items and amounts shown on the face of the Periodic Estimate for Partial Payment are correct; that all
work has been perfonned and lor material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions,
alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic
Estimate; that no part of the "Balance Due This Payment" has been received, and that the u~dersigned and his subcontractors have - (check applicable line).
. .
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2,092,000.00
14,151.26
0.00
2,106,151.26
$
2,092,000.00
14,151.26
2,106,151.26
0.00
2,106,151.26
0.00
2,106,151.26
(1,976,000.00)
130,151.26
100.000/.
$
$
~ Complied with all the labor provisions of said contract
o Complied with all the labor provisions of said contra cept in those instances where an honest dispute exists with respect to said labor provisions.
CONTRACTOR: WHARTON-SMITII, INC.
DATE:
12/05/02
.6.
I certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment: that to the best of my knowledge and belief it is a true and correct
statement of work perfonned and/or material supplied by the Contractor;
f. and/or material included in this Periodic Estimate has been inspected by me and/or my duly authorized representative or assistan~s and that it has been
perfonned and/or supplied in full accordance with requirements of the referenced contract; .
th ity's Field Representative
p. onned and/or material supplied to date.
Company Name:
Signed:
Date:
'1 Z" "3 '\) L
7 . PREPAYMENT CERTIFICA nON BY FIELD REPRESENTATIVE
I certify that to the best of my knowledge and belief that all work and/or materials under the contract has been inspected by me and that ii has been performed and or supplied
in full accordance wit6h the requirements of the contract. Further, I have checked this estimated against the notes and reports of my inspections of the project, and the
periodic reports submitted by the architectlengi er. It is opinion that the statement of work perfonned and/or materials supplied is accurate, that the Contractor is
observing the requirements of the contract, at e n 'ctor should be paid the amount requested above.
Engineer's Field Representative:
Date:
/Jjil);;'
APPROVED FOR PAYMENT
A_~~~.G.l~
Terry Wadsworth .
City of Edgewater
00861-1
Date:
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